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05-05-1986 CC MIN e e e REGULAR WEEKLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. MAY 5. 1986 Members Present: Mayor Hinkle. Councilmembers Gunkel. Schuldt. Engstrom and Williams. Councilmember Engstrom arrived at 8:15 p.m. Members Absent: None Staff Present: Patrick Klaers. City Administrator; Terry Maurer. City Engineer; Steve Rohlf; Building and Zoning Administrator. and Dave Sellergren; City Attorney 1. The meeting of the Elk River City Council was called to order by Mayor Hinkle at 7:30 p.m. 2. Consideration of Agenda Items 13A Swimming Pool; 15A - Gospodar Ballfield and 15B - Tot Park were added to the agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MAY 5. 1986 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Consideration of the April 28. 1986 City Council Minutes Councilmember Gunkel noted that on page 1. Item #3. second paragraph. the word "out" should read "our". COUNCILMEMBER SCHULDT MINUTES AS AMENDED . MOTION PASSED 3-0. MOVED TO APPROVE THE APRIL 28. 1986 CITY COUNCIL COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE 4. Open Mike Bill Pollard. unit on the air the Counc il as cooling system obtain bids on Public Librarian. informed the Council that the condenser conditioning system needed to be replaced. He questioned to what direction he was to take regarding the heating and for the Library. The City Council informed Mr. Pollard to a completely new system for the Library. 5. Consideration of Release of Easements Requested by Ron Black Mr. Ron Black. clients. were on a parcel indicated the their land. Attorney. indicated that Larry and Deidra Larson. his requesting a release of utility and public road easements of property located east of 203rd Avenue in Elk River. He reason for vacating the easements was to keep people off of e e e Page 2 City Council Minutes May 5. 1986 COUNCILMEMBER SCHULDT MOVED TO VACATE ALL OF THE EASEMENTS LOCATED ON THE LAND OWNED BY LARRY AND DEIDRA LARSON. LEGALLY DESCRIBED AS: THE NORTH 33 FEET OF THE SE 1/4 OF THE NE 1/4; THE WEST 33 FEET OF THE E 1/2 OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4; THE EAST 33 FEET OF THE W 1/2 OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4; THE SOUTH 33 FEET OF THE N 1/2 OF THE SE 1/4 OF THE NE 1/4; THE NORTH 33 FEET OF THE S 1/2 OF THE SE 1/4 OF THE NE 1/4. ALL IN SECTION 23. TOWNSHIP 33. RANGE 26. AND THE WEST 33 FEET OF THE E 1/2 OF THE SE 1/4 OF THE NE 1/4; THE EAST 33 FEET OF THE W 1/ 2 OF THE SE 1/ 4 OF THE NE 1/4; THE SOUTH 33 FEET OF THE NORTH 66 FEET OF THE W 1/2 OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4. ALL IN SECTION 23. TOWNSHIP 33. RANGE 26. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Resolution Regarding Park Dedication Fees The Building and Zoning ~dministrator indicated that at the last Council Meeting there was discussion held regarding the collecting of park dedication fees. He noted the Council requested the Staff to look into the possibility of collecting the fees at the time of building permit issuance. The Building and Zoning Administrator noted that he would like to see the park dedication fees collected prior to building permit issuance and prior to recording of the subdivision. He indicated this would eliminate some record keeping procedures which would have to be done in order to properly keep track of the collecting of these fees. Also. he noted it would eliminate the need for the person buying the land to have to pay for this up front at time of building permit application. The Building and Zoning Administrator noted that he felt $100 per dwelling unit would be an acceptable fee for these subdivisions. He noted that in the case of multi-family dwellings. the City should charge the maximum according to the density units allowed. and should the developer not put the maximum density units on the land. they would be refunded the money at time of building permit application. COUNCILMEMBER WILLIAMS MOVED TO ADOPT RESOLUTION 86-29. A RESOLUTION ESTABLISHING PARK DEDICATION FEES FOR PLATS. REPLATS. AND ADMINISTRATIVE SUBDIVISIONS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Economic Development Commission Appointments COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE CITY STAFF TO CONTACT ALL OF THE ECONOMIC DEVELOPMENT COMMISSION MEMBERS AND OBTAIN A RESPONSE AS TO WHETHER OR NOT THEY WOULD LIKE TO CONTINUE TO SERVE ON THE COMMISSION. AND FURTHER THAT THE CITY RECEIVE A RESPONSE PRIOR TO THE MAY 19TH CITY COUNCIL MEETING. AND THAT THE MEMBERS BE OFFICIALLY REAPPOINTED AT THE MAY 19TH CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. Page 3 e City Council Minutes May 5. 1986 8. Appointment of Full Time Street Department Employment COUNCILMEMBER GUNKEL MOVED TO APPOINT DENNIS JENSON AS A FULL TIME STREET DEPARTMENT EMPLOYEE FOR THE CITY OF ELK RIVER. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Administrative Subdivision Request by Edith Lynk The Building requesting an approxima tely and the other existing house 5 acre parcel of and Zoning Administrator noted that Mrs. Edith Lynk was administrative subdivision to subdivide a parcel of land 37.2 acres in size into two parcels. one being 32.2 acres being 5.0 acres in size. He noted that Mrs. Lynk's would be located on the 32.2 acre parcel of land and the land would accommodate a single family dwelling. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY MRS. EDITH LYNK. AND THAT $100 PARK DEDICATION FEE BE PAID TO THE CITY OF ELK RIVER PRIOR TO THE RECORDING OF THIS SUBDIVISION. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Administrative Subdivision Request by Robert Thompson The Building and Zoning Administrator noted that Mr. Robert Thompson of 13296 192nd Avenue NW. Elk River. is requesting to subdivide a parcel of land of approximately 4.67 acres into two parcels. one being 1.07 acres. and the remaining parcel being 3.6 acres. He noted that Mr. Thompson is proposing this subdivision to create a new buildable lot. Mayor Hinkle opened the public hearing. There was no one present for or in opposition of the request. Mayor Hinkle closed the public hearing. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY ROBERT THOMPSON OF 13296 192ND AVENUE NW. ELK RIVER. AND FURTHER THAT A $100.00 PARK DEDICATION FEE BE PAID TO THE CITY OF ELK RIVER PRIOR TO RECORDING OF THE SUBDIVISION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Variance Request by Tim Smith e The Building and Zoning Administrator noted that Mr. Tim Smith of 13527 190th Ave. NW. Elk River. is requesting a variance in order to encroach five feet from the 20 foot side yard setback required in a R-1b zone to build a single family dwelling. He indicated that Mr. Smith needed the variance to build a house on the lot because of the fact that his neighbor has built his house across the lot line. e e e Page 4 City Council Minutes May 5. 1986 Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE 5 FOOT V ARIANGE REQUESTED BY TIM SMITH FOR PROPERTY LOCATED ON LOTS 9 & 10. BLOCK 3. CAMP COZY 5TH ADDITION. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Variance Request by Gregory Johnson The Building and Zoning Administrator indicated that Mr. Gregory Johnson had a house built on Lot 11. Block 3. Camp Cozy 5th Addition. He indicated that Mr. Johnson had built his home across the lot line of Lot 10 which is the reason for requesting a variance. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE VARIANCE REQUESTED BY MR. GREGORY JOHNSON FOR PROPERTY LOCATED ON LOT 11. BLOCK 3. CAMP COZY 5TH ADDITION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 13. Conditional Use Permit to Allow a Campground in an A-1 Zone Arne Engstrom arrived at 8:15 P.M. The Building and Zoning Administrator indicated that Mr. Art Raudio and Norman Holmes were requesting a conditional use permit to operate a campground in the Elk River area. Mr. Art Raudio noted that since the concept review of the campground. they had obtained another 40 acre parcel. He noted that ten acres would be used for road purposes and the remaining 30 acres would not be a part of the conditional use. He indicated that this was being looked at as a possible public 9 hole golf course. Mr. Raudio reviewed the campground with the City Council. He discussed fencing in length with the Council. He noted he had looked at woven wire fence with one strand of wire and a welded steel fence with two strands of wire. He indicated he would be willing to allow $2.000 per 40 acres should the land owners want to put up their own fence. Page 5 City Council Minutes May 5. 1986 e The Building and Zoning Administrator Commission had approved of the added land noted that the County would rather see the on County Road 12 versus County Road 40. indicated that the Planning to the campground. He further main access to the campground Dave Sellergren. City Attorney. noted that his office had prepared a conditional use permit for the Viking Recreational Retreat. He noted that this permit states forth the terms and conditions which the Planning Commission and City Council feels are appropriate to the given use. Mr. Sellergren reviewed these conditions with the City Council. Mayor Hinkle opened the public hearing. Mr. Julius Niemuth subject property gravel extraction. no conditional use completed. noted that NOH had operated a gravel pit on the and indicated the land was to be restored after the He stated this was never done. He indicated he felt permit should be issued until this restoration is e Mayor Hinkle questioned whether this matter has been brought to the attention of the City Staff. Mr. Niemuth indicated he had never informed the City of the matter. Mayor Hinkle informed Mr. Niemuth that he should contact the City Staff to start proceedings on correcting the matter. The City Attorney indicated that this was not a basis for denial of the conditional use. Mr. Frank Miske of 10078 TWin Lakes Road indicated he did not agree with the fencing proposed by Mr. Raudio. He noted the Planning Commission was suggesting a six foot chain link fence. Mr. Raudio indicated he felt the only way to be fair to all neighbors was to put in an adequate fence or to make an allowance to each neighbor to provide their own fence. Mr. Miske indicated he felt this should not be the land owners responsibility. Mr. Weldon Schultz indicated that at the Planning Commission Meeting it was noted there would be one uniform fence for the area. Mr. Stan Schoolquist of campground in a farm area. and water was a problem. 7130 207th Ave. had a concern about putting a and further noted that the area was a low area Mr. Pat Holzem indicated his concern was the odor from the farms nearby and how this would affect the people staying at the campground. Mary Jo Miske felt acres would be too traffic that would be that the number of RV's anticipated on the proposed many. She indicated she had a concern with the generated on County Roads 12 & 13. e e e e Page 6 City Council Minutes May 5, 1986 Councilmember Gunkel questioned whether people could move from one campsite to another in order to stay in the campground more than the allowed 14 days. Mr. Raudio indicated that people would generally leave the campground for a week or two and the come back to stay again. Mrs. Turner indicated they have a pond which is used by wildlife and was concerned that the fencing would not interfere with this. Mayor Hinkle closed the public hearing. The Building and Zoning Administrator discussed the special conditions on the conditional use permit at this time. The following are the proposed changes by the City Council: Item 112 - replace strict with "substantial" The Council discussed this item and noted that site corrections to be done that are encompassed in the future phases would be those which are necessary to assure that the public health and safety is assured and would also address errosion or other environmentally unacceptable situations. Item 1/6 - At the end of the first sentence, add "and manager". Item 1/9 - Replace five (5) with "ten (10)". Item 10 - Replace 1,000 feet with "500 feet" Item 11 - Delete the words "with bituminous, concrete or an equivalent" The Council noted they felt the storage area and campsites need not be hardsurfaced. Item 12 Delete Developer's sole expense. Add "at no expense to the City". Item 14 Fencing Counc il to figures on fence. was discussed. It was the consensus of the City have Mr. Raudio come back to the City Council with a 4 foot chain link fence and a 6 foot chain link Item 16 Delete all of 16 and add The Developers shall be issued a permit by the MPCA and the City may inspect the campground at its discretion. Item 17 - Delete Page 7 e City Council Minutes May S. 1986 Item 18 - At this time Mr. Raudio handed out information regarding rental type units. Discussion was held regarding these units at which the consensus was that this could easily turn into something of a mobile home type park. It was indicated by Councilmember Williams that perhaps the campground be allowed a certain number of units and that these units be of a camper type structure on wheels and readily moveable. not to exceed a certain number of feet in size. It was the consensus of the City Council that the City Attorney draw up new wording for this item and present it to the Counc il. Item 19 It was signs and the consensus of the City Council that all internal directional signs be at the dscretion of the owner. Item 27 Delete hazardous or dangerous situations and add "hazardous. dangerous or environmentally unacceptable." Also delete "by young children." e Discussion was held regarding the letter of credit. what it should include and the dollar amount. It was the consensus of the City Council that the letter of credit shall cover the hard surfacing of the roads and parking lots per phase. the entire fencing. and also to cover any environmentally unacceptable situation. and further to direct the City Engineer to come up with a dollar amount for the letter of credit. Mr. Raudio questioned why a letter of credit was necessary for the grading when it is necessary for the grading to be done before anything else can proceed. Councilmember Gunkel suggested getting the necessary figures and looking at the whole concept before actually making a decision on the letter of credit. It was the consensus of the City Council to agree with Councilmember Gunkel. The Building and Zoning Administrator indicated that he had some concerns regarding the conditional use permit. The County would like easements to be 100 feet which would require an additional 17 foot of easement granted on County Road 12 and County Road 40. e 2. More detail for the phases. He questioned whether the plan presented by Mr. Raudio was detailed enough and questioned whether the Council would like to see details for the 2nd and 3rd phase. The Council indicated they would like to see these details at concept approval. Page 8 City Council Minutes May 5. 1986 e 3. He questioned whether the Council would like to see the entire area fenced. 4. He questioned whether the Council felt there were more than one principal building on one lot and whether they should be separated with lot lines. The Council indicated the additional buildings were accessory uses to the campground and. therefore. would not need to be on separate lots. However. the current ordinance would have to be changed to allow the grocery store and day care center as an accessory use to a campground. COUNCILMEMBER 19. 1986. PASSED 4-0. GUNKEL MOVED TO CONTINUE THE PUBLIC HEARING UNTIL MAY COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION 13A Swimming Pool Mayor Hinkle indicated that in previous years the City has donated $4.000 to the operation of the swimming pool. He directed the City Administrator to see if the $4.000 was budgeted to the swimming pool or to Community Education. e 14. Discussion Item Completion of Industrial Park Improvements and Use of Tax Increment Financing Mayor Hinkle noted that he had met with some people of the Associated Investors and the question was raised regarding the possible use of tax increment financing for the industrial park. Patrick Klaers. City Administrator. indicated the developers felt they would like to see the City come up with a plan to show to perspective clients. 15. Appointment of City Administrator Patrick Klaers discussed the resolution establishing the terms and conditions of his employment with the Council. COUNCILMEMBER ENGSTROM MOVED TO ADOPT RESOLUTION 86-30. A RESOLUTION APPOINTING PATRICK D. KLAERS AS CITY ADMINISTRATOR OF THE CITY OF ELK RIVER AND ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 15A. Gospodar Ballfield e Mayor Hinkle noted that the City had not received the money from the County in exchange for the deed to the Fairground. It was the consensus of the City Council that some action should be taken on this matter. 15B. Tot Park Councilmember Gunkel indicated that the Tot Park needs maintenance. She noted that the people who took care of the park last year are willing to do this again. Page 9 City Council Minutes May 5, 1986 e COUNCILMEMBER GUNKEL MOVED TO RENEW THE TOT PARK CONTRACT WITH MR. TROCHLIL FOR 1986. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. Discussion was held regarding the fact that the City had to pay someone to maintain a neighborhood park. '!'HE MOTION PASSED 3-1. COUNCILMEMBER ENGSTROM VOTED AGAINST THE MOTION. COUNCILMEMBER GUNKEL MOVED TO DIRECT THE CITY ATTORNEY TO START PROCEEDINGS TO VACATE THE CITY PARK KNOWN AS THE "TOT PARK". COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4- O. The City Council directed Phil Hals to put a sign near the park indicating there was a park in the location. 16. Check Register The City Council discussed the outstanding bill from Consulting Engineers Diversified. The Council addressed the memorandum submitted by Tom Bublitz, the former City Administrator in which he included his recommendation for payment in order to resolve the matter. e COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE PAYMENT OF ONE HALF THE COST OF THE GATES AVENUE PROJECT IN THE AMOUNT OF $2,722.27, WHICH WOULD BE CHARGED TO THE GATES AVENUE IMPROVEMENT PROJECT AND WOULD NOT COME OUT OF '!'HE GENERAL FUND, AND ALSO THAT PAYMENT BE MADE TO ZACK JOHNSON'S BILLS TO CED IN THE AMOUNT OF $1,623.85 WHICH WOULD COME OUT OF THE GENERAL FUND: AND FURTHER THAT THE CITY NOT RELEASE THE CHECK TO CED DONAHUE UNTIL IT IS VERIFIED THAT DONAHUE HAS PAID ANTCO CONSTRUCTION $3,256.50 FOR MOVING THE FIRE HYDRANT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. '!'HE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CHECK REGISTER WITH THE STIPULATION THAT ITEM 1418 BE HELD UNTIL FURTHER INFORMATION CAN BE SUPPLIED BY THE CITY'S FINANCE DIRECTOR. COUNCILMEMBER ENGSTROM SECONDED '!'HE MOTION. THE MOTION PASSED 4-0. 17. Adjournment There being no further business, COUNCILMEMBER WILLIAMS MOVED TO ADJOURN '!'HE MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. The meeting of the Elk River City Council adjourned at 11:30 p.m. ~ e Recording Secretary Sandy Thackeray