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12-15-1986 CC MIN e e It REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY. MONDAY, DECEMBER 15, 1986 Members Present: Mayor Hinkle, Councilmembers Schuldt, Gunkel, Tralle and Engstrom Members Absent: None Staff Present: City Administrator; Pat Klaers, Street Superintendent; Phil Hals, and Terry Maurer; City Engineer 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Mayor Hinkle noted that item 3 should be deleted from the agenda because the 12/8/86 minutes were not submitted for approval. ~~YNgltMmQIilR A~ AMlNf)lID, PASSED 4-0. GUNKIilL MOVIilD TO APPROVE 'I'HE 12/15/86 CITY COUNCIL AGENDA COUNCILMIMBER TRALLE SECONDED THE MOTION. THE MOTION 4. Open Mike No one appeared for this item. 5.1. Presentation from Mr. John Libby Mr. Libby indicated he represented a business wishing to locate in the Elk River area. He indicated the business he represents manufactures heat storage furnaces. He further indicated he has looked at two possible buildings to locate in the City. One building was the Roma Building located in the Industrial Park. He indicated this was his first choice, however, the taxes were too high for a small start up company. He indicated his second choice was George Cowles' building located on Highway #10. Mr. Libby stated that he was requesting the Council to work with him in obtaining a small city grant if he should locate his business in Elk River. Councilmember Gunkel stated she would like to see the City help Mr. Libby locate in the City of Elk River. Councilmember Engstrom noted that he would like to use City staff time to pursue the grant application. Councilmember Gunkel also stated she would like to use an Economic Development Consultant for an hour or so to try to negotiate some ideas to help Mr. Libby locate an affordable building. Mr. Libby questioned whether the taxes until his business became established. Council regarding this matter and the project was assessed a while ago and that this point. could be put off and not paid Discussion was held by the fact that the Industrial Park taxes could not be put off at Page 2 e City Council Minutes December 15, 1986 It was the consensus of the City Council to direct the City Staff to obtain legal advice. to contact Mike Marooney as an Econimic Development Consultant and to contact the Minnesota Department of Energy and Economic Development. 5.2. Update from City Landfill Consultant Mr. Dan Stoddard of B.A. Liesch Associates gave a brief summary of the work the firm is providing the City in relationship to the Landfill. He stated that he has been working on the project and the City has instructed him to do the following: 1) Meet with County to solicit their support. 2) Provide MPCA and Landfill consultant with copies of reports. 3) Meet with MPCA and Landfill consultants. 4) Develop a flow chart for super fund landfill financial support. e Mr. Stoddard indicated that the City should be receiving all information from the MPCA regarding tests being done at the landfill. He indicated he has looked through the City's files and found no information submitted to the City on testing, therefore, assumes no tests have been done. Mr. Stoddard indicated he would be meeting with the MPCA and this would be discussed and hopefully explained by MPCA. Discussion was held regarding the liner and whether the Landfill owners intended to install the liner. It was noted there was a County Board Meeting on December 16 and that City Staff should attend and find out the intentions of the Elk River Landfill regarding the liner. 5.3. Public Works Update Phil Hals. Street Superintendent, gave a brief update on the progress of the public works building. He indicated everything was going well and progressing on schedule. He also noted that financing of the building was in good shape and felt the building would come in under budget. 6.1. Resolution Approving Elk Hills Drive Terry Maurer, City Engineer, addressed the City Council regarding the plans for the realignment of Elk Hills Drive/School Street and Highway 169 Intersection. He explained that the proposed plan to align Elk Hills Drive with School Street calls for abandoning the north half of Elk Hills Drive and expanding the south half approximately 50 feet. He further noted that part of Dodge Avenue would be moved slightly to the east. e COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-88. A RESOLUTION APPROVING THE PLANS FOR THE REALIGNMENT OF ELK HILLS DRIVE/SCHOOL STREET AND HIGHWAY 169 INTERSECTION. COUNCILMEMBER GUNKEL- SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 3 e City Council Minutes December 15, 1986 6.3. Deerfield 3rd Addition Change Orders The City Engineer stated that a change order for extra work performed is being presented to the City Council which will extend the completion date for street construction on the Deerfield 3rd Project until June 13, 1987 and this change order for extra work is in the amount of $11,583.90 to Kenko Inc. Mr. Maurer further explained the reasons for the extension of the completion date and stated that he felt the delay was not the fault of Kenko but of the excavators hired by the developer. COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHANGE ORDER IN THE AMOUNT OF $11,583.90 TO KENKO, INC~ COUNCILMEMBER ENGSTROM SECONDED THE MOTION, THE MOTION PASSED 4-0. 6.2. Partial Pay Estimate to Kenko Construction Mr. Maurer stated that Kenko was requesting pay estimate #4 in the amount of $31,187.15. He indicated that the pay estimate included the change order, approximately $11,000 in gravel work and approximately $9,000 in storm sewer work. Mr. Maurer stated that all the work has been inspected and he is recommending approval of the pay estimate. e COUNCILMEMBER ENGSTROM MOVED APPROVAL OF PAY ESTIMATE fJ4 TO KENKO, INC. FOR WORK ON THE DEERFIELD 3RD PROJECT, IN THE AMOUNT OF $31,187.15. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 7.1. Shopping Center Expansion Site Plan Review Mr. Dick Nelson. architect for Barthel, Inc. presented the site plan to the City Council regarding the proposed expansion on the shopping center, Lot 1, Block 1, Elk River Plaza 2nd Addition. He indicated the proposal is for 5 theaters on the east of the building and pizza parlor and retail sales on the west side. He stated loading would be in the front of the store because the theaters are in the rear. Discussion was held regarding the loading in the front. Mayor Hinkle stated he would rather see the loading in the rear of the shopping center. Mr. Barthel stated that he felt something could be worked out to change the plans to include loading from the rear. Councilmember Tralle questioned why the walkway leading to the expansion was not going to be enclosed. Mr. Barthel stated that the owners of the Theater did not want to see this enclosed and felt if it were not enclosed it would possibly keep people from loitering in the lobby area. e Councilmember Gunkel stated that in 1985, the Planning Commission passed a motion stipulating the enclosed walkway between the Pamida and shopping center. She further noted that in 1985 an amendment was made to the developer's agreement which states that full development of the mall will result in an enclosed shopping center. Councilmember Gunkel noted that this new proposal is digressing from the orignial proposal. Page 4 e City Council Minutes December 15, 1986 Mr. Rohlf stated that staff had discussed problems relating to increased needs of police security in the shopping center area. He noted that with the inclusion of the theaters and the pizza parlor to the shopping center, this would probably create a need for even more police security. Mr. Barthel stated he felt there could possibly be a problem and stated he would like to have the Police Chief monitor the situation and see if it does become necessary to possibly hire a security officer for the mall. Mr. Barthel further stated that if after monitoring it is decided that security is needed. action would be taken to this effect with the expense of the security officer to be born by either Barthel or tenants of the mall area. COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE SITE PLAN FOR THE EXPANSION OF THE SHOPPING CENTER INTO LOT 1, BLOCK 1, ELK RIVER PLAZA 2ND ADDITION WITH THE FOUR STIPULATIONS RECOMMENDED BY THE PLANNING COMMISSION, THAT '!'HERE BE A FIFTEEN FOOT LOADING AREA IN THE REAR OF THE EXPANSION, AND THAT THERE BE A REVIEW ON SECURITY AFTER MONITORING THE SITUATION WITHIN ONE YEAR. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7.2. Floyd Kruse Administrative Subdivision/Public Hearing e Steve Rohlf, Building and Zoning Administrator, indicated that Mr. Floyd Kruse was requesting an administrative subdivision to split a 19 acre parcel of land into three parcels, one being 2.34 acres, another being 1 acre and the third being the remainder of the nineteen acres. Mr. Rohlf noted that Parcel 1 was attached to Country Chrysler's lot at staff level due to the fact that Parcel one was being attached to an adjacent piece of property, therefore, not creating a new lot. Mr. Rohlf questioned whether the frontage road between Dino's pizza and Riverview Sports is State right-of-way or a City owned road. Mr. Rohlf further stated that the property line between Dino's Pizza and Riverview Sports will be only ten feet between buildings and stated the requirement is 20 feet. It was noted that a variance would have to be issued before the administrative subdivision could be approved and further that the variance would first have to be heard by the Planning Commission. Mr. Rohlf split it is per lot. Sports and buildings taken care noted that according to the City Ordinance, when a lot is required that a separate well and septic system be installed Mr. Rohlf further noted that at the present time, Riverview Dino's share a septic system and well. He noted that these are grand fathered in but stated that this should possibly be of now to avoid problems in the future. e Mr. Kruse stated that the City just required him to update the present septic system and this cost him $3,000. Page 5 City Council Minutes December 15. 1986 . Mayor Hinkle opened the public hearing. Mr. Jim Swanson noted that an easement should be provided to allow the Police Department access behind Dino's Pizza. Mr. Donald Rahn stated he would like a road easement put in so heavy trucks would not drive too close to the buildings. Mayor Hinkle closed the public hearing. Mayor Hinkle stated he felt a variance should be granted prior to making a decision on the administrative subdivision. Councilmember Tral1e stated he was opposed to the subdivision until such time that the lots were brought up to Code regarding separate septics and wells. COUNCILMEMBER TRALLE MOVED APPROVAL OF THE ADMINISTRATIVE SUBDIVISION PROVIDING THAT PARCELS 2 AND 3 ARE BROUGHT UP TO EXISTING CODE REGARDING THE SEPTIC SYSTEM AND WATER AND THAT ALL IMPROVEMENTS BE COMPLETED WITHIN ON! YEAR OR 'TRECITY WILL INSTALL THEM AND ASSESS THEM TO THE PROPERTY OWNERS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. . After Staff discussion on the motion it was decided that Mr. Kruse consult and work on a solution to meet the requirements of the City Code. COUNCILMEMBER TRALLE WITHDREW HIS MOTION. WITHDREW HIS SECOND. COUNCILMEMBER ENGSTROM COUNCILMEMBER TRALLE MOVED TO CONTINUE THE PUBLIC HEARING UNTIL STAFF HAS FURTHER REVIEWED THE SITE WITH THE APPLICANT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8.5. Bixby Property Counci1member Tra11e noted that at the October 6. 1986 City Council meeting. the Council gave Mr. Bixby a list of corrections to be completed on his home before December 1. 1986. Mr. Tra11e noted that as of this date the correctons have not been made. Counci1member Tral1e stated that Mr. Bixby has exceeded the 2 year allotment required by City Ordinance to complete a home. The Building and Zoning Administrator noted that the area residents have complained of the Bixby property because it is an eyesore and a danger to the neighbors. , Discussion was held by the City Council regarding measures that could be taken to correct this situation. It was suggested that no extension of building permits be issued to Mr. Bixby. Discussion was also held regarding issuing Mr. Bixby a citation. Following this discussion. it was the consensus of the City Council to direct the staff to check with the Attorney to see what action could be taken to correct the matter. . , . e . Page 7 City Council Minutes December 15. 1986 1) Assisting existing businesses 2) Marketing skills to be a criteria for the job 3) Survey to be done of the citizens to see what the wishes are of the local population 4) Work on grants for economic development 8.7. Staff Work Projects It was the consensus to discuss this item at another Council Meeting after January. 1987. 8.8. Street Striping Discussion was held regarding whether or not street striping should be included in future overlay projects. After discussion regarding this matter. it was the consensus of the City Council that only main roads should be striped and further that not all residential streets be striped. It was also the consensus that the matter of striping Highland be brought back to the City Council in the spring for a decision. 8.9. Other Discussion was held regarding the fact that Recording Secretary. Deborah Kleckner has resigned and also that the City will be considering the hiring of an additional part time receptionist when City Hall moves to the new building. The Council directed the City staff to advertise for a recording secretary and part time receptionist. COUNCILMEMBER GUNKEL MOVED TO TAKE THE NECESSARY STEPS TO INVESTIGA'I'! AND SUBMIT A GRANT APPLICATION FOR IMPROVEMENTS IN THE INDUSTRIAL PARK. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Check Register CO'UNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGISTER. CO'UNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Adj ournment There being no further business. COUNCILMEMBER GUNKEL MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Council meeting adjourned at 11:00 p.m. M~ Sandy Thackeray J7 Recording Secretary