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05-20-1985 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MAY 20, 1985 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Williams and Gunkel. Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item #13 was moved to Item 7~ - Health Insurance Recommendation, Item 11~ - Phil Hals re: Ballfield Lighting, and Item 17~ - Fire Contract with Albertville, were corrections and additions made to the May 20, 1985 City Council agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ~1AY 20, 1985 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Mayor Hinkle requested that Item #6B - Page 5 of the May 6, 1985 City Council Minutes be corrected to show that Mr. Boarman had been paid $6,600 rather than he had not been paid. COUNCILMEMBER SCHULDT MOVED APPROVAL OF THE MINUTES OF THE MAY 6, 1985 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER. GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 5. Water Tower Plans and Specifications Mr. TerryMaurer consulting engineer, was present to review with the City Council, the plans and specifications for the proposed water tower project. Mr. Maurer in- dicated that the plans and specifications were for both the hydropillar and spheroidal designed towers at both the 750,000 gallon size and 1 million gallon size. Mr. Maurer indicated that the bids would be on a lump sum basis. Discussion was carried on regarding the color of the water and the color of the logo and lettering to be placed on the tower. Mr. Maurer indicated that access to the water tower would be through the school district's property. Mr. Maurer stated that the overall height of the tower would be between 90 and 100 feet. Mr. Maurer further stated that the construction completion would be approxi- mately 1 year from the date of the approval to advertise for bids. City Council Minutes May 20, 1985 Page Two COUNCILMEMBER ENGSTROM MOVED TO ACCEPT THE PLANS AND SPECIFICATIONS FOR THE WATER TOWER PROJECT AS PRESENTED BY TERRY MAURER. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4~0. COUNCILMEMBER SCHULDT MOVED TO ADVERTISE FOR BIDS FOR THE WATER TOWER PROJECT. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Update on Tyler Street Mr. Terry Maurer, consulting engineer, indicated that in his discussions with Dave Reed of Mn/Dot, he learned that it was not possible to construct improvements on Tyler Street without acquiring additional right-of-way for a recovery or clear zone, due to the fact that in this general area, traffic speeds exceed 40 m.p.h. Mr. Terry Maurer indicated that approximately 80 feet of right..;..of-way was needed if the Tyler Street project was to be completed with funds directly from the State of Minnesota. Discussion was car red on regarding problems that may be encountered in obtaining the right-of-way needed as it would require easements, possible condemnation of property and moving of utility lines. Councilmember Engstrom questioned the possibility of future problems obtaining right- of-way in using MSA funds. Mr. Maurer indicated that in the urban setting, there is no requirement for a clear zone such as there is in this case in an agricultural zone. The Council asked for a recommendation from Terry Maurer. Mr. Maurer suggested that the City hold off on the project and that the Council earmark future MSA funds left on other projects to complete the Tyler Street project at some point in the future. Councilmember Schuldt questioned how long the City could hold off on the Tyler Street project. Mr. Maurer indicated that he felt the road would hold up for some time. Discussion was carried on regarding the speed zone on Tyler Street. It was the consensus of the City Council that no further action be taken on the Tyler Street project at this time. 7. Pat Rasmussen Mayor Hinkle introduced Pat Rasmussen to the City Council and members of the audience. Pat Rasmussen indicated that she had been recently appointed by the Chamber of Commerce as the liaison officer between the Chamber and City Council. Ms. Rasmussen stated that she will be the representative for the Chamber and pass on concerns of the local businesses. Ms. Rasmussen indicated that the intent is to have a representative of the Chamber at each of the City Council meetings. She expressed the Chambers' support for the City Council and their willingness to help them in any way necessary. 7~. Health Insurance Presentation Mr. Sam Oberstein was present to review with the City Council the health insurance City Council Minutes May 20, 1985 Page Three options which were available for employees of the City of Elk River. Mr. Oberstein reviewed the claim history and insurance carrier history with members of the City Council. He further reviewed each of the insurance carriers that had submitted a bid to the City of Elk River and the cost, benefits, . advantages and disadvantages of each plan. Mr, Oberstein indicated that in an employee survey, he found that generally, the employees preferred a "HMO" type insurance plan such as the Physicians Health Plan previously utilized by the City. Discussion was carried on by the City Council and Mr. Nussbaum regarding each of the insurance plans, benefits, costs, doctors and clinics which would be eligible for each plan, co-pay amounts, etc. COUNCILMEMBER GUNKEL MOVED TO ACCEPT THE BLUE CROSS-BLUE SHIELD AWARE GOLD INSURANCE PROPOSAL AS THE HEALTH INSURANCE PLAN FOR THE CITY OF ELK RIVER EMPLOYEES, EFFECTIVE JULY 1,1985, AT A COST OF $73.61 FOR SINGLE COVERAGE AND $200.18 FOR FAMILY COVERAGE. COUNCILMEMBER SCHULDT SECONDED THE MOTION.. THE MOTION PASSED 4-0. 8. Zone Change Request for Dr. Jarmoluk/P.H. Planning Commission representative Stewart Wilson reviewed the request by Dr. Jarmoluk to change the zoning of the property located at the corner of Main Street near Upland Avenue from R-2a to R-2b to allow him to construct one 4-unit building on three lots. Mr. Wilson stated that the present zoning only allows a 2 family structure on each of the lots. Mr. Wilson indicated that it was the Planning Commission's recommendation to deny the zone change request by reason that the R-2b zoning was not appropriate for the area. Mayor Hinkle opened the public hearing. Mr. Scott Grupa and Mr. Jarmolukpresented drawings to the City Council of the proposed 4-unit structure and stated that they wished to construct 1 4-unit building rather than 2 2-unit buildings so that they could maintain it as a condominium and would have better control over the appearance of the building. Mr. Tom Johnson, Mrs. Mary Beck, Mr. Jim Thomas and Mr. John MacGibbon, residents in the area in question, expressed their dissatisfaction with present zoning of R-2a and that they wished the property could revert back to the original single family residential zoning. They further expressed their concerns with the request for the R-2b zoning classification gnd requested that the Council not approve the change. Discussion was carried on regarding the principle uses for the R-2a and R-2b zoning districts, the impact of the request on the neighborhood, if approved, and the apparent precedent which would be set by approval of the zone change request. Mayor Hinkle closed the public hearing. CouncilmemberGunkel questioned the total size of the three lots and whether or not the lots were of adequate size to construct two family dwellings. Councilmember Schuldt indicated that he felt that if the Council were to approve the zone change request, that they would be setting a precedent and other property City Council Minutes May 20, 1985 Page Four Owners in the area may request a similar change, and cited the Piwowar property as an example. Discussion was carried on regarding the previous use of the property as a bar and grocery store between the residents and Dr. Jarmoluk. Discussion was carried on regarding the curve of Main Street and the fact that a portion of the existing street right-of-way was located on Mr. Jarmoluk's property. Mr. Cliff Lundberg indicated that the law states that if a street right-of-way is gradually moved little by little onto private property, and is maintained by the City through the years, that the portion of private property actually becomes part of the right-of-way and belongs to the City. Further discussion was carried on regarding the previous zone change from single family residential to two-family residential. COUNCILMEMBER ENGSTROM MOVED THAT THE ZONE CHANGE REQUEST BY MR. TONY JARMOLUK BE DENIED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Consider Administrative Subdivision for Berthold Moritz/P.H. This item was tabled due to lack of information regarding the location of the indi- vidual lots in the proposed subdivision. 10. Consider Conditional Use Permit for Darrel Boyd/P.H. Stewart Wilson, Planning Commission Representative, was present to review with the City Council, the request by Mr. Darrel Boyd of 14729 89th Street Northeast, Otsego Township, to have a woodworking business on property he is in the process of buying on 207th Avenue in the Heavenly Hills development. Mr. Wilson indicated that the Planning Commission unanimously approve the recommendation to allow Mr. Boyd to locate his business at his proposed home site with- certain conditions including the limitation of three outside employees, rather than the five requested by Mr. Boyd. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the conditional use request. Mayor Hinkle asked Mr. Boyd if the limitation of three employees rather than five was a problem. Mr. Boyd indicated that he would be satisfied with the approval of three. Councilmember Williams asked how close the building in which Mr. Boyd planned to locate his business was from neighboring residences. Mr. Boyd indicated that his nearest neighbor was approximately 700 feet. Councilmember Schuldt indicated that he did not feel this request was within the bounds of the home occupation standards. Mayor Hinkle closed the public hearing. -., City Council Minutes May 20, 1985 Page Five COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A HOME OCCUPA- TION REQUEST BY MR. DARREL BOYD WITH THE STIPULATION THAT THE PERMIT BE SUBJECT TO REVIEW IN TWO YEARS. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER SCHULDT OPPOSED. 11. Consider Final Plat Review for R & R Industrial Park COUNCILMEMBER GUNKEL MOVED TO TABLE APPROVAL OF THE R & R INDUSTRIAL PARK FINAL PLAT DUE TO LACK OF INFORMATION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 11~. Phil Hals - Ball Field Lighting Mr. Phil Hals indicated that he had been approached by a member of the Softball Association regarding the availability of 12 concrete poles that may be suitable for light poles for the ballfield complex at a cost of approximately $250 per pole. He further indicated that the retail price of the poles was normally between $750 and $1,000 per pole. Mr. Hals further indicated that even with the low price of the poles, the cost would be approximately $35,000 total with the lights, fixtures, switches, etc. that were also necessary. It was the consensus of the City Council not to purchase the light poles at this time and further suggested that the Softball Association possibily pursue some type of fund raising to pay for part of the cost of lighting the softball fields, if they felt it was necessary to have lighting. 12. Request for Extension of Conditional Use Permit by Larry Wolner Planning Commissioner Stewart Wilson introduced the request by Mr. Larry Wolner for an extension of his conditional use permit which will expire July 1, 1985. Mr. Wolner operates a produce market at a temporary structure located at the southeast corner of Highway #10 and 167th Avenue NW. Commissioner Wilson indicated that it was the Planning Commission's recommendation to extend the conditional use permit to December 31, 1985, provided that the plans for a new building and application for a building permit be submitted to the Building and Zoning Administrator by July 1, 1985. Discussion was carried on regarding the appearance of the temporary structure and type of construction materials being stored at the site. Discussion was also carried on regarding the fact that the original terms and conditions of the conditional use permit had not been met. Mr. Wolner expressed his intention to have the new structure completed by September and that he was requesting the extension in case any delays were encountered, so that his business would not be interrupted. COUNCILMEMBER GUNKEL MOVED TO APPROVE AN EXTENSION OF THE CONDITIONAL USE PERMIT TO MR. LARRY WOLNER TO DECEMBER 31, 1985 SUBJECT TO THE PROVISION THAT PLANS FOR THE PROPOSED PERMANENT STRUCTURE BE PRESENTED TO THE BUILDING AND ZONING ADMINISTRATOR AND A BUILDING PERMIT OBTAINED BY JULY 1, 1985. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes May 20, 1985 Page Six 13. This item was moved to Item 7~. 14. Zone Change Request for Property on.Highway 169 North of the PUD's Discussion was carried on regarding the possibility of a zone change for property to the east and west of Highway #169 north of the Barthel and Barrington Place Planned Unit Developments from the present R-IB Single Family Residential to C-3B Highway Commercial. Councilmember Gunkel indicated that she felt the zone change was worth consideration and that there was enough development with the Brentwood and Deerfield Additions north ,on Highway 11169 that it would not become a continuous strip of commercial development all the way up to Zimmerman. COUNCILMEMBER GUNKEL MOVED TO CONSIDER A ZONE CHANGE ON PROPERTY TO THE EAST AND WEST OF HIGHWAY #169 NORTH OFTHEPUD AREAS FROMR-IB TO C3-B, AND THAT A PUBLIC HEARING BE ADVERTISED AND RESIDENTS TO BE AFFECTED BE NOTIFIED OF THE PUBLIC HEARING DATE. Councilmember Williams indicated that he was in favor of consideration of the zone change, as he did not feel that the property would be developed as residential and may need to be changed so that it may be developed in the future. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Moratorium on Private Roads Mayor Hinkle indicated that Rick Breezee, Building and Zoning Administrator, indicated that the memorandum for this item was presented for informational purposes. 16. Mechanical Amusement Device License and Bowling License for Dennis Jenni COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE MECHANICAL AMUSEMENT DEVICE LICENSE REQUEST FOR NINE VIDEO GAMES, ONE PINBALL GAME AND ONE POOL TABLE, AND ALSO TO APPROVE THE BOWLING ALLEY LICENSE FOR MR. DENNIS JENNI. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Resolution for Election Judges COUNCILMEMBER ENGSTROM MOVED TO APPROVE RESOLUTION 85-16, A RESOLUTION APPOINTING THE ELECTION JUDGES FOR THE SPECIAL ELECTION TO BE HELD IN THE CITY OF ELK RIVER, JUNE 25, 1985. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 17~. Albertville Fire Contract COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE F}RE CONTRACT WITH ALBERTVILLE AS PRESENTED. COUNCILMEMBERWILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. ~ City Council Minutes May 20~ 1985 Page Seven 18. Check Register COUNCILMEMBER GUNKEL~ MOVED TO APPROVE TIlE MAY 20, 1985 CHECK REGISTER, WITH THE EXCEPTION OF CHECK NUMBER 10032 UNTIL THE PURPOSE OF THE EXPENDITURE COULD BE CLARIFIED. COUNCILMEMBER SCHULDT SECONDED THE MOTION~ THE MOTION PASSED 4~0. There being no further business, COUNCILMEMBER ENGSTROM MOVED TO ADJOURN THE MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. m::dUb~ Deborah Kleckner Administrative Assistant