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05-06-1985 CC MIN ~ REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MAY 6, 1985 Members Present: Mayor Hinkle, CO!Jncilmembers Williams, Schuldt, Engstrom and Gunkel. Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Mayor Hinkle added two additions to the agenda under Update Items: (F) Star City Discussion, (G) Comments by Councilmember Warren Williams. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE AMENDED AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes A. Minutes of October 29, 1984 COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE OCTOBER 29, 1984 MINUTES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Minutes of December 10, 1984 COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE DECEMBER 10, 1984 MINUTES. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Minutes of April 15, 1985 COUNCILMEMBER GUNKEL MOVED TO APPROVE THE APRIL 15, 1985 CITY COUNCIL MINUTES. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. . THE MOTION PASSED 4-0. ' D. Minutes of April 22, 1985 COUNCILMEMBER GUNKEL MOVED TO APPROVE THE APRIL 22, 1985 CITY COUNCIL MINUTES. COUNCILMEMBER ENGSTROM SECONDED. THE MOTION. THE.MOTION PASSED 4-0. 4. Open Mike Mayor Hinkle noted time for open mike for those persons who's topics are not listed on the agenda. Mr. Dave Gilgenbach asked about the City response to his purchase agreement for the Trunk Highway #169 property. Mayor Hinkle responded that the City has no plans at the present time. Mayor Hinkle noted that probably it would be proper to 1) determine the zone, 2) receive an appraisal of the property to determine its value. Mr. Dave Gilgenbach asked if the sale of the property hinged on zoning. Councilmember Gunkel indicated that the City has indicated the willingness to sell the property. Councilmember Williams noted that the property is available since the public works garage site has been established at the Utility properties location. City Council Minutes May 6, 1985 Page Two Further discussion ensued on the matter of appraisals and the possible land use for the property. Councilmember Schuldt noted that the property should not be sold before the results of the referendum are known. COUNCILMEMBER WILLIAMS MOVED THAT A PROFESSIONAL APPRAISAL BE RECEIVED ON THE PROPERTY CONSIDERING BOTH COMMERCIAL AND RESIDENTIAL USES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE .MOTION PASSED 4-0. Ms. Bobby Johnson from the Elk River VFW was present to discuss POW/MIA flags. She indicated a desire that the City Council be participants in a ceromonial flag raising ceremony at 9:30 a.m., June 8th in front of the City Hall. She noted that the flag would be similar to one now flying in Anoka. It would be a 3' by 5' flag and should be flown under the American flag at City Hall. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE PROPOSED ACTION.. AND SUPPORT THE VFW EFFORTS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Barthel Preliminary and Final Plat Approval/Public Hearing. Mr. Mel Beaudry representing Barthel was present to make a presentation on the proposed planned unit development for 45 units of housing. He noted that the development would be called Presidential Estates. He noted that the homes would be smaller than normal on small lots. Mr. Beaudry recited the several conditions imposed by the Planning. Commission. At this time Mayor Hinkle opened the meeting for public hearing. Councilmembers Williams and Engstrom questioned the space allowed for snow storage and snow removal. Mr. Rick Breezee, Building and Zoning Administrator noted that this proposal contains less lots and development than the original proposal and that there is now more room for snow storage. Councilmember Engstrom asked if the present plans reflect the changes as proposed by Engineer, Terry Maurer. Rick Breezee, Building and Zoning Administrator indicated, yes. Mr. Beaudry indicated that the builder would try to stick with nine different models. Councilmember Williamsl,asked about the prices of the houses. Mr. Beaudry indicated that they should sell for sixty-five thousand ($65,000) to ninety-five thousand ($95,000) per unit. Additional discussion ensued concerning the location of the model homes. At this point Mayor Hinkle closed the public hearing. City Council Minutes }1&y 6, 1985 Page Three COUNCILMEMBER ENGSTROM MOVED APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF THE ELK RIVER PLAZA SECOND ADDITION CONTINGENT UPON THE LIST OF RESTRICTIONS IMPOSED BY THE PLANNING COMMISSION AND THE ENGINEERING SUGGESTIONS CONTINGENT UPON THE COMPE- TIONAND ACCEPTANCE OF THE DEVELOPERS AGREEMENT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. All-Tool/Consideration for Variance/P.H. This request was presented by Building and Zoning Administrator, Rick Breezee noting that All Tool Manufacturing proposes to build an addition on the easterly side of their present building reducing the amount of front yard area and using additional space for parking. Mayor Hinkle opened the meeting up for public hearing. No one appeared for or in opposition of All-Tool Manufacturing request. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE FOR ALL-TOOL MANUFACTURING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Additional discussion ensued concerning All-Tool Manufacturing owner's comments about leaving town, and Acting City Administrator, Orvi1 Johnson stating his opinion that there would be no front yard left after expansion; that the Council should take a closer look at this type of variance in the future. Owner Ken Iaascson responded indicating that this addition had to be put on hurriedly, the Company needs the additional space very badly. 7. James Map1ethorpe - Easement Vacation & Subdivision/P.H. Counci1members read a handout prepared by Building and Zoning Administrator, Rick Breezee. Mayor Hinkle explained the history of street easements in the area north and west of the Peterson addition. Building and Zoning Administrator, Rick Breezee explained further the history on subdivision. Mayor Hinkle opened the meeting for public hearing. Greg Harriot supported the easement vacation and indicated that regardless of what happens he did not want any utilities in the area. Bruce Mills noted his concern about drainage from additional house development. Roberta Beauchaine asked about the implications of additional subdividing. Would this affect hunting and other land uses? She related details concerning previous easement vacation on the property north of the Peterson addition. Bill Beauchaine asked about the location of a new house. At this point Mayor Hinkle closed the public hearing. City Council Minutes May 6. 1985 Page Four Councilmember Engstrom reviewed the history of the development and noted that the easements should be maintained and kept in force. He expressed the thougnt that it would be foolish to give away an easement now and later have to buy it back. Councilmember Gunkel noted that the property north of the site under consideration consisting of 40 acres had perimeter easements originally. not in a good location. COUNCILMEMBER ENGSTROM MOVED TO DENY THE PREQUESTEDEASEMENT VACATION. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Bicycle Safety Grant Police Chief ~om Zerwas was present to explain the proposed grant for bicycle safety activities. COUNCILMEMBER WILLIAMS MOVED TO ACCEPT THE GRANT AND ITS OBLIGATIONS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Liquor License Approval - A. B. VFW 115518 Empress Gardens A. VFW 115518 COUNCILMEMBER GUNKEL MOVED TO APPROVE ISSUANCE OF A ONE DAY TEMPORARY ON SALE 3.2 NON-INTOXICATING MALT LIQUOR LICENSE TO VFW 115518. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Empress Gardens COUNCILMEMBER GUNKEL MOVED TO APPROVE ISSUANCE OF SUNDAY LIQUOR LICENSE. WINE LICENSE AND ON SALE 3.2 NON INTOXICATING MALT LIQUOR LICENSE TO GLORIA M. POLASCHEK-DBA-EMPRESS GARDENS. COUNCILMEMBER SCHULDT.SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. City Facilities Mayor Hinkle explained that architect Jack Boarman was present to discuss a service contract and also details for a proposed referendum. Mayor Hinkle called attention to a model of the City Hall prepared by Boarman and Associates being displayed on the side of the Council room. A. Service Contract Jack Boarman reviewed the history of a service contract. He noted that there is not a signed contract between his firm and the City of Elk River. He explained a document dated October 24. 1983 as being the agreement satisfactory to his firm. to the City's attorney and to Administrator Middaugh. For some reason or other the contract had never been signed. Mr. Boarman requested that this proposed contract be approved by the City Council. ~ City Council Minutes May 6, 1985. Page Five Mr. Jack Boarman noted that the contract involves preliminary work and preparation for the referendum and phase two is the design and the digging process for the facilities. Mr. Boarman noted that he had not been paid sixty-six hundred ($6,600) dollars for work performed in the fall of 1984. Mr. Boarman noted that he would redesign the facilities if completing cost exceeded nine-hundred & fifty-thousand dollars ($95.0,000). Some discussion ensued concerning the architectural services necessary for a pre- engineered metal building. Jack indicated that the amount of architectural services needed for such a building is very similar to other types of structures. Councilmember Gunkel suggested that the discussion revert back to service contract matters. Mr. Boarman asked that he receive four hundred dollars ($400) for the construction of the model and anadditional twenty-two hundred dollars ($2,200) for the work now needed to proceed with the referendum. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CONTRACT AS PROPOSED. COUNCILMEMBER SCHULDT SECONDED THE MOTION WITH THE ABOVE AMENDMENT~ THE MOTION PASSED 5.-0. Mr. Boarman noted that actually the contract called for hourly fees "not to exceed" the various percentages as spelled out in the contract. Mr. Boarman noted that he will earn the fees or the City will not be billed for the entire amount. B. Referendum Discussion Mr. Boarman explained the tax levy impact which had been prepared by Springsted Inc. Mr. Boarman noted that computer printouts were available on several taxing districts, both on residential structures and also the rate for commercial and industrial property. Mr. Boarman stated that the additional tax levy would amount to 2.99 mils upon issuance of $950,000 worth of bonds. Further discussion revolved around on June 25th. Mr. Boarman showed a office. Mr. Boarman noted that the Council approved them on May 13th. of the newsletters. the proposed resolution authorizing an election mock-up of a news letter as prepared by his news letter would be mailed May 16th if the Mr. Boarman indicated the method of distribution Mayor Hinkle noted that the Chamber of Commerce board was meeting on Tuesday, May 7th and would welcome City officials to explain the proposed referendum and City Hall model. It was noted that Mayor Hinkle and Councilmember Gunkel would attend the Chamber of Commerce meeting and possibly Councilmember Schuldt. Councilmember Gunkel noted that a booth had been reserved at the Community Festival for June 8th and that Councilmembers were urged to spend time at the booth promoting the proposed referendum. COUNCILMEMBER WILLIAMS MOVED TO ADOPT RESOLUTION 85-14 SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER GUNKEL City Council Minutes May 6, 1985 Page Six 11. Ridgewood Bitumanious Overlay Engineer Terry Maurer was present to explain his letter dated May 1st setting forth the cost estimates for overlay streets in Ridgewood addition. He also called attention to the chart on page two. Mayor Hinkle questioned the original proposal of the 30/70 split with the City absorbing 30% of the cost. Councilmember Schuldt asked about the assessment procedure. Supertintendent Phil Hals responded by telling about the assessment procedure and the neighborhood attitude. Acting City Administrator, Orvil Johnson and Terry Maurer suggested that the Council hold a combined feasibility/assessment hearing to be held sometime in the early summer. COUNCILMEMBER SCHULDT MOVED TO ACCEPT THE ENGINEERING REPORT, ESTABLISH $l,OOO/PER UNIT OR LOT AND PLAN ON A FEASIBILITY/ASSESSMENT HEARING SOMETIME IN JUNE. COUNCIL- MEMBER GUNKEL SECONDED THE MOTION ~ THE MOTION PASSED 4-0. 12. Tyler Street Preliminary Engineering Report Mr. Terry Maurer explained the report noting that it is considerably different than most street improvement feasibility studies. He noted that approximately two-thirds of the area is of rural type construction and one-third is urban type construction. Mr. Maurer noted that MSA requirements call for a twelve-hundred car/per day design. He noted that at least ninety feet of clear area was required which would include relocating the power poles. Mr. Maurer noted that possibly there are some standards that could be applied, allowing construction within the current sixty-six foot right of way. He is to check with Mr. Reed to find out if other construction is possible. Mr. Maurer noted that the improvement of this street should possibly be spread over two construction seasons allowing the fill in the low wet areas to settle over the winter season. Mr. Maurer noted that this would work well within a MSA financing where the advance encumbrances could be spread over two years. Further discussion on MSA allotments ensued. Councilmember Gunkel expressed concern over the total MSA commi.tments and quoted a five year plan noting that MSA pri- orities would have to be determined. Mr. Maurer is to get further MSA allotment information. No action was taken on the Tyler Street improvement project. 13. Water Tower Oral Update/Terry Maurer Mr. Terry Maurer explained the current status of work on the proposed water tower. Mr. Maurer noted that he would have plans and specifications to present to the City Council on May 20th. Mr. Maurer noted that the Utilities Commission would receive a set of plans and specifications also. City Council Minutes May 6. 1985 Page Seven 14. Community Ed Pool Support - No discussion. COUNCILMEMBER WILLIAMS MOVED TO SUPPORT THE REQUEST FOR POOL FINANCING AND NOTIFY DENNIS CARLSON OF SUCH SUPPORT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Overlay of Liquor Store Parking Lot COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE CONTRACT PROPOSAL IF THE MONEY FOR SUCH IMPROVEMENTS HAD BEEN INCLUDED IN THE 1985 BUDGET. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. City Administrator Resolution Councilmembers discussed the proposed resolution appointing Mr. Tom Bublitz as Administrator and enumerating a number of conditions. It was noted that a number twelve could be added which spelled out an expectation of three years commit~ent to the position. This was discussed and agreed upon. ~ Courtcilmember Schuldt questioned four portions of the agenda; 3) salary. 4) three weeks beginning vacation. 7) who determines what professional dues and subscriptions are to be paid for and. 10) why pay for performance? COUNCILMEMBER WILLIAMS MOVED TO STRIKE CONDITION NO. 9 WHICH REFERS TO A THIRTY DAY ADVANCE NOTICE IN AN EVENT OF DISMISSAL; COUNCILMEMBERGUNKEL SECONDED THE MOTION. THE MOTIONPASSED4~0. / Additional discussion ensued on Item #10 which involves involuntary resignation. COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION #85-13 WITHOUT THE ORIGINAL NO. 9 AND INCLUDING THE NEW NUMBER INVOLVING THREE YEAR COMMITMENT. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMEMBER SCHULDT VOTED NO. 17. Employee Resignation ~ Police Department Police Chief Tom Zerwas noted that Mr. Mike Cruce is resigning for a better position. No action taken. 18. Update Items A. 1985 League ofMN Cities Annual Conference/June II-15th After some discussion Mayor Hinkle noted that the City should send in two reservations for elected officials and check with the department heads for possible attendance. B. Letter to Cougar Owner Police Chief Tom Zerwas suggested that the City go slow on enforcing the ordinance. He noted that the Plymouth ordinance was not upheld in the latest appeals court. He noted that the nuisance ordinance could possibly be used for regulatory purposes. City Council Minutes May 6, 1985 Page Eight Councilmember Gunkel indicated that she would hate to see the City jJpend a lot of money in court fighting this matter, maybe the City acted to hastily. No action taken. C. Tot Park Maintenance Discussion Councilmember Gunkel suggested that Wally Trochlil would maintain the Tot Park fot the 1985 season for a fee of $200.00. COUNCILMEMBERWILLIAMS MOVED TO ACCEPT SUCH A SUGGESTION AND PAY $200.00 FOR THE 1985 MAINTENANCE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMEMRERENGSTROM VOTED NO. D. Community Festival Councilmember Gunkel noted that a booth had been reserved for City officials to promote the City facilities referendum. She noted that the Councilmembers should volunteer for duty at the City booth on Saturday, June 8th. E. Alliance Clean-Up Day Phil Hals noted that members of the Alliance Church had spent much time cleaning up City streets, boulevards and public areas. He noted that his crew had picked up the debris from their endeavors. Mayor Hinkle noted a' letter of thanks should be sent to the church group and suggested that Mr. Hals compose and send a letter. Mr. Phil Hals asked and received informal permission from the Council to remove fill sand from the City's Trunk Highway #169 site to cover the debris being placed in the proposed public works garage site. F. Star City Discussion Mayor Hinkle noted that a committee meeting was to be held on Wednesday, May 8th at 4:00 p.m. to plan strategy for the Star City presentation. He also noted that a state test would be conducted on May 15th. G. Councilmember Williams asked to be heard on the matter of poor zoning enforcement and land use. He noted that their was several trailers and other junk south of the Greenhead addition. Councilmember Schuldt noted many unkempt areas and dangerous conditions througllOut~ the City. CouncQlmember Gunkel noted that the enforcement of ordinances dealing with unsight- liness is difficult. No action was taken. ~ City Council Minutes May 6, 1985 Page Nine 19. Check Register Councilmember Schuldt asked about a number of voucher payments. It was suggested that he contact the office the following morning to get more detailed answers. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MAY 6, 1985 CHECK REGISTER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 20. There being no further business, COUNCILMEMBER ENGSTROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION.. THE MOTION PASSED 4-0. Respectfully submitted, q~-1::nrz 9~ Acting City Administrator sm