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04-01-1985 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, APRIL I, 1985 Members Present: Mayor Hinkle, Councilmember Williams, Schuldt and Gunkel. Members Absent: Councilmember Engstrom 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle Agenda Item 14B - City Clerk Applications, Item 14C - City Administrator applications, Item 14D - Public Works Garage location and City Hall, Item 14E - Complaints of a cougar in the City are items added to the April I, 1985 City Council Agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE APRIL I, 1985 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes of March 18th Councilmember Gunkel requested that the consensus of the City Council to authorize the police chief to research flashing lights on School Street be added to the dis- cussion on the Board of Education Resolution on Page 9, on the March 18th, City Council meeting minutes. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE MINUTES OF THE MARCH 18, 1985 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Acceptance of Planning Commissioner John Pearce's Resignation COUNCILMEMBER WILLIAMS MOVED To~~~~f~MR. JOHN PEARCE'S RESIGNATION ON THE PLANNING COMMISSION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. A. COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 85-8 A RESOLUTION RECOGNIZING THE SERVICE OF JOHN. PEARCE TO THE.CITY OF ELK RIVER. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Open Mike B. COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 85-9, A RESOLUTION COMMENDING PHYLLIS BOEDIGHEIMERFOREXEMPLARY CITY SERVICE. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PAS SED 4.0. ---, City Council Minutes April 1. 1985 Page Two 6. Chamber of Commerce Funding Request Mayor Hinkle indicated that the Chamber of Commerce is requesting the City Council to participate in the funding of the 1985 4th of July celebration. Mayor Hinkle indicated that the 1984 expenditures for the 4th of July celebra- tion represented over 25% of the chambers annual budget. Mayor Hinkle indicated that the chamber is requesting the City to contribute approximately $3,000. to the 1985 4th of July celebration. Mayor Hinkel further indicated that approxim- ately $2,500 was taken from the HRA 1985 budget and placed in the City Council contingency. Therefore, it was his feeling that the City Council could commit to the $2,500. Discussion was carried on regarding the Chamber of Commerce total 1985 budget. Representatives of the Chamber indicated that the increase in the 1985 budget over the 1984 budget consisted of an increase in the secretarial wages and benefits and a $2,00~. required matching grant from the State for brochures to promote tourism. Mr. Don Erdman representative of the Chamber indicated that the increased budget for 1985 over 1984 consisted of the increased fee for the Bald Eagle Water Club and the increase in the fireworks display. General discussion was carried on regarding the time limit required by the Chamber to receive a commitment from the City Council. General discussion was carried on regarding the issue of the flag pole base versus a commitment by the City Council to the 4th of July celebration cost. Councilmember Schuldt indicated that he did not object to the City participating in the cost of the 4th of July celebration, but further indicated that he was not prepared to make a commitment at this time as the City Council was still considering cost to be paid for a flag pole base. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE $2,500. TO BE CONTRIBUTED BY THE CITY TO THE ELK RIVER CHAMBER OF COMMERCE 4TH OF JULY CELEBRATION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3..,.1. COUNCILMEMBER SCHULDT OPPOSED. 7. Cable TV - Mr. David Flannery Mayor Hinkle indicated that Mr. David Flannery was present to update the City Council on the proceedings of the cable commission. Mr. Flannery thanked the City Council for appointing him to represent the City on the cable commission, and further indicated he was present to discuss current proceedings on the cable commission. Mr. Flannery indicated that it appears that the cable commission will approve three local studios; one in Elk River, one in Buffalo, and one in Dassel or Cokato. Mr. Flannery inciated that the school is interested in providing the room for a studio and would be willing to discuss the possibility with the City Council. Mr. Flannery further indicated that had planned a meeting for April 11th, to discuss cable TV programs with various groups within the Cities specifically churches, school board, . ~ --, City Council Minutes April 1, 1985 Page Three Chamber of Commerce, and other agencies that might be interested in local programming on cable television system. Mr. Flannery indicated that the meeting was scheduled for 2:00 p.m. at the Central Lutheran Church. Mr. Flannery further indicated that the Rite Cable Commission is in the process of negotiating extending the cable commission to the communities of Roger, Otsego Township and Albertville. Mr. Flannery indicated that he felt if the cable commission extended to those communities it would provide for a stronger cable company~ Mr. Flannery further indicated that he will continue to par- ticipate in the cable communications commission and come to the City Council meetings to keep the City Council updated of the progress of the commission. 8. Tax Increment Financing Plan - P.H. 7:30 P.M. Mayor Hinkle indicated that Mr. Peter Beck was present to discuss the Tax Increment Financing Plan with the City Council in a Public Hearing. Mr. Peter Beck reviewed the Tax Increment Financing Plan and explained the process of establishing an economic development district and a tax increment district within that economic development district. Mr. Peter Beck indicated that the tax increment financing plan was developed to allow for the construction of a water tower to provide sufficient water storage for fire flow need for the City of Elk River. Mr. Beck indicated that the plan has been discussed with the County and the School Board. Mr. Beck further indicated that the County board adopted a motion approving the tax increment plan as also did the School Board. Mr. Peter Beck further indicated that Mr. Ron Langness of Springsted, Inc., the City's Bond Council was present to discuss the proposed financial aspects of the tax increment financing plan. Mr. Ron Langness reviewed the proposed financing plans with the City Council. Mr. Ron Langness indicated that the short fall of the $30,000. as orginally projected in the first eight years and the $160,000. short fall in the years thereafter, has been adjusted;bythe projected future development in the City of Elk River as compiled by himself, Mr. Rick Breezee, Building and Zoning Administrator, and Mr. Peter Beck. Mr. Langness indicated that the proposed additional development that would be used as tax increment financing districts does not include the second phase of the Elk River Plaza development. Mr. Langness reviewed the financial projections as submitted to the City Council. Mr. Langness further pointed out to the City Council that the projections included a contribution from the Water Utilities Fund in the amount of approximately $17,500. to $25,000. Mr. Hank Duitsman representative of the Utility Commission indicated that the utility commission decided that the City water utility could make a $20,000. contribution to the reduction of the bonds. Mayor Hinkle opened the public hearing. Mr. Larry Toth questioned the economic benefit of the water tower to the total community. Discussion was carried on regarding total community benefit of the water tower with regard to jobs, and tax base. Discussion was also carried on regarding the economic development district as proposed at the tax increment financing district within that economic development district. General discussion was carried on regarding the impact of the bonds on the total City. ~ City Council Minutes April 1, 1985 Page Four 1 COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 85-10 A RESOLUTION DESIGNATING DEVELOPMENT DISTRICT NO. 1 AS A MUNICIPAL DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 472A OF MINNESOTA STATUES APPROVING THE DEVELOPING PROGRAM FOR DEVELOPMENT DISTRICT NO.1 AND DESIGNATING THE CITY ADMINISTRATOR AS THE ADMINISTRATOR OF DEVELOPMENT DISTRICT NO.1. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 85-11 A RESOLUTION APPROVING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1 AND DIRECTING CITY STAFF TO IMPLEMENT TAX INCREMENT FIN~CINGDISTRICT NO.1. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Scheibel Easement Vacation Public Hearing - 7:30 p.m. Mayor Hinkle indicated that Mr. Daniel Scheibel of 12948 Orono Road is request- ing an easement vacation of a utility easement across his property located at Lot 1, Block 1, Orono Lake Second Addition. Mr. Scheibel indicated that the easement vacation was requested because the title company indicated that the title of the property could not be cleared until the easement had been vacated. General discussion was carried on regarding the easement vacation request. It was the consensus that the easement through the property was not necessary as there was an easement along the east property line. COUNCILMEMBER WILLIAMS MOVED TO APPROVE RESOLUTION 85-12 GRANTING A DRAINAGE AND UTILITY EASEMENT VACATION TO MR. DANIEL SCHEIBEL OF 12948 ORONO ROAD. COUNCIL- MEMBER GUNKEL SECONDED.THE MOTION. THE MOTION PASSED 4-0. 10. Maki Conditional Use Permit Request - Public Hearing Mr. Rick Breezee Building and Zoning Administrator indicated that Mr. Richard Maki has requested a conditional use permit to operate a used car sales lot, located at 17119 Highway 10. Mr. Rick Breezee indicated that the property previously conducted as Holl Mart Motors is located next to the Elk River Ford property. Mr. Breezee indicated that Mr. Maki has submitted a site plan and a specification sheet outlining his business intentions for the property located on Highway 10. Mr. Breezee indicated that the planning commission approved the conditional use permit with the conditions as stated in his memorandum dated March 20, 1985 to the Planning Commission members. Mayor Hinkle opened the Public Hearing. No one appeared for or in oppostion of the conditional use permit request. COUNCILMEMBER GUNKEL MOVED TO APPROVE A CONDITIONAL USE PERMIT TO MR. RICHARD MAKI TO OPERATE A USED CAR SALES LOT AT 17119 HIGHWAY 10 WITH THE FOLLOWING CONDITIONS THAT A MINIMUM OF 24 FEET BE LEFT OPEN FOR PROPER INGRESS AND EGRESS TO THE PROPERTY, THAT A MINIMUM OF 20 FEET BE LEFT OPEN BETWEEN ANY BUILDINGS AND THE CARS TO THE.NORTH FOR PROPER FIRE LANES, THAT ALL ON-SITE DRAINAGE BE DIRECTED TO THE FRONT OF THE PROPERTIES AS TO UTILIZE THE HIGHWAY 10 DRAINAGE SYSTEM. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes April 1, 1985 Page Five 11. Dietz Request for Zone Change,... Public Hearing Mayor Hinkle indicated that George Dietz owner of the property directly to the North of McDona1ds on Dodge Avenue has requested a zone change from a R-1C single-family zone toa R~4 service commercial zone. Mr. Rick Breezee, Building and Zoning Administrator indicated that the zone change was requested by Mr. Gary Santwire representing Mr. George Dietz. Mr. Breezee further indicated that a workshop was conducted by the Planning Commission, City Staff, and a member of residents in the Elk Hills subdivision at which no conclusion was made regarding the use of the property in question. Mr. Breezee indicated that the Planning Commission denied the C-4 zone change request and recommended that the property be placed as a part of planned unit development to the South of property in question. Mr. Breezee indicated that the residents indicated that they would prefer a type of professional office use or personal service use on the property. Mr. Rick Breezee further indicated that the formal request before the City Council is a zone change to a R-4 zone, and further indicated that a public hearing has been advertised for the April 15th Council Meeting to consider a planned unit development zone for the specific property. Mayor Hinkle opened the public hearing. Mr. Gary Santwire indicated that Mr. George Dietz has not requested any particular use for the property, but specifically has requested a zone change. Mr. Santwire indicated that he asked the Planning Commission to make specific recommendations for uses of the property and further indicated that he would like some indication from the City Council regarding those suggested uses by the Planning Commission. Mr. Milo Hennemen indicated that the was opposed to a zone change, and further indicated that he felt the property should be used as an outlot to, therefore, provide a buffer zone to the residents in Elk Hills. Counci1member Schuldt indicated that he was not in favor of a C-4 zone. Mr. Rick Breezee indicated that Mr. Santwire was looking for some direction from the Elk Hills Residents and the City Council regarding a use of the property. It was the consensus that the City Council was not ready to give direction to the owner of the property regarding a use. COUNCILMEMBER GUNKEL MOVED TO DENY A ZONE CHANGE REQUEST BY MR. GARY SANTWIRE REPRESENTING GEORGE DIETZ FOR THE PROPERTY DIRECTLY TO THE NORTH OF THE MCDONALDS RESTURANT ON DODGE AVENUE FROM R1C SINGLE FAMILY ZONING TO C4 SERVICE COMMERCIAL ZONE. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes April 1, 1985 Page Six It was the consensus that Mr. Gary Santwire representing Mr. George Dietz would present a concept drawing of the property to the City Council. 12. Wapiti Park Mechanical Amusement Device License Renewal COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MECHANICAL AMUSEMENT DEVICE LICENSE FOR WAPITI PARK CAMP GROUNDS. COUNCIL}1EMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Planning Commission Appointment Mayor Hinkle indicated that the City Council interviewed three candidates for the Planning Commission last fall and further indicated that one position was filled with the anticipation of another vacancy in the Spring of 1985. Mayor Hinkle indicated that Mr. Steve Merrick was contacted by the City Council for the Planning Commission vacancy and further indicated that Mr. Merrick is still interested in serving on the Planning Commission. COUNCILMEMBER SCHULDT MOVED TO APPOINT MR. STEVE MERRICK TO COMPLETE THE TERM OF MR. JOHN PEARCE ON THE PLANNING COMMISSION. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Update Items A. Building and Zoning Administrator Conference Attenda.nce Mr.Rick Breezee requested attendance at a Building and Zoning Conference at the University of Wisconsin, Madison. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ATTENDANCE OF THE BUILDING AND ZONING ADMINISTRATOR AT THE UNIVERSITY OF WISCONSIN, MADISON, MAY lSTTHRU THE 3RD. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. B. City Clerk Applications Mayor Hinkle indicated that the City has received two applications that appear to have the qualifications for the City Clerk position and, therefore, have suggested that City Council terminate acceptance of applications and consider interviewing the two possible candidates. A discussion was carried on regarding a time schedule for the interviewing of the two candidates for the City Clerk/Treasurer position. It was the consensus of the City Council that the City Council would interview the two oandidates as suggested by Mr. Orvil Johnson and the Mayor at the April 8, 1985 City Council Meeting. C. City Administrator Applications General discussion was carried on regarding the scoring of the second questionaires sent out to the approximate fifteen top applications for the City Administrator position. It was the consensus that the City Council would interview three of the applicants beginning at 5:00 p.m. on April 11th. Discussion was carried on regarding the possibility of the candidates meeting the department heads and touring the City. It was the consensus that the candidates would tour the City with the department heads earlier in the day on April 11th with dinner to be hosted by the department heads. City Council Minutes April 1. 1985 Page Seven D. The Public Works Garage Location and City Hall Facilities Mayor Hinkle indicated that he felt the City Council should determine where the Public Works Garage should be located and determine what route the City Council was to take regarding the City Hall Facility. Mayor Hinkle indicated that he felt the City Council should wait until the County Commissioners make a decision at their April 2nd County Commissioners meeting regarding the County Administration Building. Mr. Rick Breezee indicated that the Planning Commission considered the possibility of establishing a commercial strip along Highway 169 to the North to include the Mn-Dot garage and the possibility of a public works garage. Mr. Breezee further indicated that it was a unanimous decision by the Planning Commission to leave the property along Highway 169 zoned as is. therefore. not allowing for a Public Works Garage on the 5 acre site. E. Complaints of Cougar in the City Mayor Hinkle indicated that he had received complaints of a cougar in the City and further indicated that the Police Chief has also received complaints. Mayor Hinkle indicated that other communities have ordinances addressing nondomesticated animals. It was the consensus that the City Council would consider an ordinance addressing nondomesticated animals at their April 15th City Council Meeting. It was also the consensus of the City Council that the owner of the cougar would be notified of the City Council Meeting, April 15th as well as neigh- bors in the area of the owner of the cougar. F. Staff Accounting Clerk Salary and Additional Compensations for Part Time Workers General discussion was carried on regarding the memo submitted to the Mayor and City Council from the City Clerk/Treasurer. Councilmember Gunkle indicated that she felt that all departments have had to take on extra work during the absence of the City Administrator and the pending absence of the City Clerk/Treasurer and Administrative Secretary. Councilmember Gunkel further indicated that she felt the part time people were in a different position than department heads and yet were expected to take on even department head duties. Discussion was carried on regarding the proposed salary increase for the Accounting Clerk, the three month probationary period and the proposed salary increase for the Accounting Clerk and Building and Zoning Secretary during the interim absence of the City Administrator. City Clerk/Treasurer and Administrative Secretary. COUNCILMEMBER GUNKEL MOVED TO APPROVE A SALARY ADJUSTMENT TO $5.85/HR. FOR THE ACCOUNTING CLERK SALARY. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER SCHULDT OPPOSED. ~ City Council Minutes April 1, 1985 Page Eight After a lengthly discussion regarding the proposed salary increase for the interim of the absence of the City Administrator, City Clerk/Treasurer, and Administrative Secretary which included the discussion of holiday pay, it was the consensus that the City Council would table the discussion until the April 8th City Council Meeting. COUNCILMEMBER WILLIAMS MOVED TO TABLE THE DISCUSSION ON THE SALARY ADJUSTMENTS FOR THE ACCOUNTING CLERK, AND PART TIME BUILDING AND ZONING SECRETARY. COUNCIL- MEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE APRIL 1, 1985 CHECK REGISTER. COUNCIL- MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Tentative Agenda City Clerk/Treasurer Interviews and Salary Adjustments are attentively scheduled for the April 8th City Council Meeting. There being no further business, COUNCILMEMBER WILLIAMS MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, !~ Phyllis Boedigheimer City Clerk/Treasurer