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09-03-1985 CC MIN THE REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY T!iESDA'Y, SEPTEMBER 3, 1985 Memhers Present: Mayor Hinkle, Counci1member Gunkel, Williams, Engstrom and Schuldt Members Absent: None Staff Present: Tom Bublitz, City Administrator; Terry Maurer, City Engineer; and Phil Hals, Street Superintendent 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle 2 . Agenda Items 17B - Gates Avenue and 17E on Jackson and School Street were added to the agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE SEPTEMBER 9, 1985 CITY COUNCIL AGENDA AS COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MINUTES OF THE JULY 22, 1985 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Counci1member Gunkel noted that on the August 26, 1985 minutes on the first page under item 3(2), it should state "the general public not aware". COUNCILMEMBER GUNKEL MOVED TO APPROVE THE AUGUST 26, 1985 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one was present for this item. 5. Consideration of School Street Sanitary Sewer Project Terry Maurer, the City's Consulting Engineer, stated that the City Council, at their last Council meeting, had directed him tp do further analysis of the alternatives for the proposed School Street Sanitary Sewer Project. Mr. Maurer further indicated that he had sent the Mayor and City Council a memo regarding these alternatives for the sanitary sewer project. The City Council reviewed the memo from Terry Maurer and discussed the alternatives listed in the memo. Mayor Hinkle indicated that he was in favor of alternative number three which would amount to subtracting $2,260.32 from the Creative Estates assessment because of the fact that this was the amount which was assessed for santitary sewer against the property previously. Subtracting this amount from Creative Estates would result in a small increase in the assessment against the remaining properties. City Council Minutes September 3, 1985 Page Two -.., After discussion regarding this matter, it was the consensus of the City Council to opt for alternative number three in Mr. Maurer's memo dated August 28, 1985. COUNCILMEMBER ENGSTROM MOVED TO ADOPT RESOLUTION 85-43 A RESOLUTION RECEIVING FEASIBILITY STUDY AND CALLING FOR PUBLIC HEARING ON SANITARY SEWER IMPROVEMENTS ON SCHOOL STREET, PROJECT 1985-2. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 85-44 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF SANITARY SEWER IMPROVEMENT PROJECT ON SCHOOL STREET. COUNCIL- MEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Administrator indicated that some time ago Mr. Houtton had sold the Lion's Park property to the City with the stipulation that the City put a road in to access Mr. Houlton's property which was landlocked. The City had discussed putting a road through Mrs. Roper's property to access the Houlton property sometime ago. At this time Mrs. Roper and the City had agreed on a friendly condemnation for the read but there had been nothing put in writing. Recently, Mrs. Roper has sold the property to a developer named Leonard Babinsky. The City Administrator stated he felt it was time the City fulfilled their obligation to put the road in. The City Council discussed various options regarding the road to the Houlton property. COUNCILMEMBER WILLIAMS MOVED TO DIRECT THE CITY STAFF TO PUT A ROAD IN THE AREA TO ACCESS THE HOULTON PROPERTY. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Consideration of Final Payment for East Main Street Project COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 85-45, A RESOLUTION ACCEPTING WORK PERFORMED UNDER EAST MAIN STREET IMPROVEMENT PROJECT AND AUTHORIZING PAYMENT' WTTH STIPULATION THAT THE CITY RETAIN THE RECEIPT OF THE FOLLOWING ITEMS: 1) AFFIDAVIT OF WITHHELD TAXES 2) CERTIFICATION OF CLAIMS PAID 3) EVIDENCE OF A ONE YEAR MAINTENANCE BOND COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. King Street and Main Street Tax Increment Financing Feasibility Study The City Administrator explained that at the last Council meeting, the City Council tabled approval of the preliminary feasibility study for the King and Main Tax Increment Financing Proposal for Mr. Zack Johnson until such time as he could provide a breakdown of the total estimated cost. The City Administrator further indicated that he has spoken to Mr. Johnson and that Mr. Johnson had provided him with a break- down of the cost. The City Administrator explained these costs to the City Council at this time. The City Administrator further stated that the only data Zack Johnson could use from the Kraus Anderson Study was the recommendation of the current assessed value. Councilmember Williams indicated that he would like to see documentation of the time and pay for the actual time used so the City has some idea as to who did what work and how much time was spent on the study. City Council Minutes September 3, 1985 Page Three ~ COUNCILMEMBER GUNKEL MOVED TO ACCEPT THE PROPOSAL FOR THE KING AND MAIN TAX INCREMENT FINANCING FEASIBILITY ANALYSIS AND THAT THE COST OF THE STUDY NOT EXCEED $3,800, AND FURTHER THAT THE STUDY BE BROKEN DOWN AS TO THE DOCUMENTATION OF HOURS AND RATES. COUNCILMEMBER ENGSTROM SECONDED. THE MOTION. THE MOTION PASSED 4-0. 8. Replacement of Tires for City Dump Truck The City Street Superintendent, Phil Hals, stated that the City was in need of two matched sets of tires for the two 1978 IH Tandem Dump Trucks. The Street Super- intendent indicated that the tires he is looking at are Good Year Steel Belted Radial Traction Grip and are purchased through the Hennepin County Purchasing Coop for $171.28 each totalling $2,740.28. The City Street Superintendent further indicated that he was requesting the Council to approve the addition of "Power Down" hoists for the two Tandem dump trucks which would be used for winter snow hauling. The Street Superintendent noted that the Power Down body hoists would help speed up the process in winter snow removal. The Street Superintendent further noted that the trade-in price of the hoists could be included on the 1985 Equipment Certificates. COUNCILMEMBER WILLIAMS MOVED TO AUTHORIZE THE CITY STREET SUPERINTENDENT TO PURCHASE TWO SETS OF TIRES FOR THE TWO 1978 IH TANDEM DUMP TRUCKS AND ALSO TO PURCHASE POWER DOWN BODY HOISTS FOR THE TWO TANDEM DUMP TRUCKS AND FURTHER THAT THE COST OF THIS EQUIPMENT BE PUT ON EQUIPMENT CERTIFICATES. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Park Shelters - Lion's Park The Street Superintendent addressed the Council and stated that he would like per- mission to advertise for bids for suppliers to furnish the materials to build four open shelters in the Lion's Park. He further noted that the materials would be delivered to the park and assembled by Street Department personnel. The Street Superintendent stated that the shelters would be paid for from the monies received from the MN Lawcon Grant and further indicated that the estimated cost for the shelters would be approximately $6,000 per shelter. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO ADVERTISE FOR BIDS FOR FOUR OPEN SHELTERS TO BE LOCATED IN THE LION'S PARK. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Administrative Subdivision Request by John Weicht/Public Hearing Mr. Rick Breezee, the Building and Zoning Administrator, indicated that Mr. John Weicht was requesting an administrative subdivision to move an existing property line approximately 15' feet so that a new structure, which was recently built by Mr. Weicht, would meet the City's setback requirements. The Building and Zoning Administrator indicated that the office facility being constructed on the property was for a trucking operation. The Building and Zoning Administrator further stated that in order to grant the administrative subdivision, a private road agreement would have to be entered into with the City of Elk River because there is no road at the present time to access the property, and also that the road being built into the property should be hard surfaced and dust free. Mayor Hinkle opened the public hearing. There was no one for or in opposition of the matter. ~ City Council Minutes September 3, 1985 Page Four Mayor Hinkle closed the public hearing. Mayor Hinkle stated that the park dedication fee for Mr. Weicht's Administration Subdivision would be waived. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. JOHN WEICHT WITH THE STIPULATION THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO AND THAT THE ROAD BEING BUILT INTO THE PROPERTY BE HARDSURFACED AND DUST FEE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Administrative Subdivision Request by Mr. Mike Gwynn/Public Hearing The Building and Zoning Administrator indicated that Mr. Mike Gwynn who lives at 13368 196th Ave. NW in Elk River, is requesting an administrative subdivision to eliminate lot lines between lots 1 through 4 of Island View Second Addition. The Building and Zoning Administrator indicated that Mr. Gwynn's reasons for eliminating the lot lines was for privacy and also for tax purposes. Mayor Hinkle opened the public hearing. There was no one for or in opposition of the matter. Mayor Hinkle closed the public hearing. The Building and Zoning Administrator indicated that he had informed Mr. Gwynn at the time of his application for the administrative subdivision that there would be no assurance that he would be allowed to subdivide this property back into lots in the future, if he found it were necessary to do so. The Building and Zoning Admin- istrator also stated that he had informed Mr. Gwynn that if he did request to re- create the lots in the future, and it was granted, it would be under the requirement that he construct a City road into the area which the lots are located. The Building and Zoning Administrator stated to the Council that Mr. Gwynn had indicated that he fully understood the information presented to him regarding this matter. COUNCILMEMBER ENGSTROM MOVED TO GRANT THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. MIKE GWYNN TO ELIMINATE THE LOT LINES BETWEEN LOTS ONE THROUGH FOUR OF ISLAND VIEW SECOND ADDITION AND FURTHER THAT NO PARK DEDICATION FEE BE REQUIRED. COUNCIL MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Zone Change Request and Ordinance Amendment by Fullerton Lumber/Public Hearing The Building and Zoning Administrator stated that representatives from Fullerton Lumber approached the City Staff and the Planning Commission with a concept for major remodeling and reconstruction of their existing facility located on Highway 10 near King Street. The Building and Zoning Administrator indicated that at the present time Fullerton Lumber is in an R-4 zone which does not allow lumber yards and such they are a nonconforming use. The Building and Zoning Administrator in- dicated that at the August Planning Commission Meeting the Planning Commission had unanimously recommended that the City Council approve a zone change from a R-4 to a C-3A for Standard Lumber which would include the new C-3A zone with the existing C-3A across the Highway, and further recommended an ordinance amendment to allow lumberyards as a principal use in C-3A zones. He further indicated that the Planning Commission felt because of Highway 10 going through the area, it was not the best use as multi family. ~ City Council Minutes September 3, 1985 Page Five Mayor Hinkle opened the public hearing. Joe Franks representative of Fullerton Lumber, indicated that they were requesting to improve the facility as the need dictates without having to ask for a conditional use permit every time they want to remodel or improve their site, and further that they would like to eliminate the nonconforming use. Mayor Hinkle closed the public hearing. The Building and Zoning Administrator indicated that he had talked toa resident who lives next door to Fullerton Lumber and the resident had stated he had no problem with Fullerton Lumber expanding and further he never had a problem with Fullerton Lumber being a neighbor. Councilmember Engstrom indicated that he agreed with the Planning Commission's re- commendation and further stated that he does not like to see changes in the existing zoning, but felt since Fullerton Lumber is on the highway and adjacent to other C-3A zoning it would be appropriate. Councilmember Gunkel indicated that two weeks ago the Planning Commission and the City Council had felt the City had too much commercial property and there was no need to add any more. Councilmember Engstrom noted that he felt Fullerton Lumber was existing commercial property and that they were not creating more commercial property by changing the zone to C-3A, and further indicated that he felt when this particular area was changed to an R-4 zone, it was not looked at correctly. COUNCILMEMBER SCHULDT MOVED TO GRANT A ZONE <?RANGE TO FULLERTON LUMBER FROM THE EXISTING R-4 TO A C-3A HIGHWAY COMMERCIAL ZONE. COUNDILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER ENGSTROM MOVED TO APPROVE AN ORDINANCE AMENDMENT TO ALLOW LUMBER YARDS AS A PRINCIPAL USE IN A C.....3A ZONE.COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Final Plat for River pine Addition The Building and Zoning Administrator indicated that Mr. Charles Christian ~s re- questing final plat approval for a subdivision called River pine Addition. He further indicated that the subdivision is located in an R-lb zone and that the minimum lot requirement of one acre in size with 125' of frontage on a City road. The Building and Zoning Administrator further stated that there has been a slight change from the preliminary plat; that change. being that the final plat has six lots as opposed to the seven lots previously shown on the preliminary plat. The Building and Zoning Administrator further stated that all park dedication fees have been paid, and the title opinion and final plat have been approved by the City's Attorney. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE FINAL PLAT FOR RIVER PINE ADDITION WITH THE STIPULATION THAT THE REMAINING FEES BE PAID, FOR ATTORNEY AND CITY STAFF REVIEW. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes September 3, 1985 Page Six --, 15. Site Plan Review for Barrington Square Mr. Gary Santwire, the developer of the property, addressed the Council and stated he was proposing to put an earth sheltered building on Lot 1. Mr. Santwire further indicated that the two large trees which there had been controversy over regarding the disturbing of these trees, would not be disturbed, and further stated that the proposed building would be placed in between the two trees with one tree being behind the building and the other tree being in front of the building. Mr. Santwire further stated that there will be 36 parking stalls for the building and that land- scaping will be provided around the building. He further stated that there will be no underbrush disturbed in Outlot A. Mr. Santwire indicated that Outlot B in the PUD will be eliminated because it is a City Street. Milo Hennemen questioned Mr. Santwire as to what would happen if the trees around the structure would die due to the ground being disturbed. Mr. Santwire indicated that there is over 50 feet of solid trees and further stated that in the agreement it states that they will be as careful as possible when digging up the land. He further stated that Outlot A has been designed so the trees will not be touched and the ground will not be built on. Mr. Pat Hetrick stated that they still have no guarantee that the trees will live. Mr. Arlon Fuchs stated that he would like to be assured that no equipment would cross the line during construction because of the fact that it would wipe out the under- brush. Councilmember Williams questioned whether there would be any signs on the building. Mr. Santwire stated that there would be no signs on the building except by the door and that there would be a marquee in the parking lot. Mr. Earl Hetrick stated he would be opposed to any operation in the building which would be open for 24 hours. COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE SITE PLAN FOR BARRINGTON STIPULATION THAT THE EIGHT ITEMS LISTED IN THE BUILDING AND ZONING MEMO TO THE PLANNING COMMISSION , DATED AUGUST 21 , 1985 BE FOLLOWED. SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. SQUARE WITH THE ADMINISTRATOR'S COUNCILMEMBER 14. Site Plan for Bank of Elk River in Barthel PUD The Building and Zoning Administrator indicated that the Bank of Elk River has hired Jack Boarman as their Developer. He further stated that the Bank of Elk River will be located on the corner of School Street and Freeport Avenue. Mr. Jack Boarman indicated that the structure consists of a one story facility with a portion of it having a basement under it. He further stated that the facility presently will have three drive-up teller locations and a lobby consisting of three inside tellers. Mr. Boarman further stated that there has been left on the site room for future expansion for the structure itself and also additional drive up teller locations. He further stated that the present square footage is 12000 square feet. . City Council Minutes September 3, 1985 Page Seven The Building and Zoning Administrator stated that the site will be ,furnished by all necessary sewer, water, storm sewer and power utilities as required by the PUD Deve lope r' s Agreement. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE SITE PLAN FOR THE BANK OF ELK RIVER TO BE LOCATED IN THE BARTHEL PLAZA PUD. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 5-0. 16. Larry Wolner - Apple Sales Bus iness Located on Highway 10 Mr. LarryWolner addressed the City Council regarding the status of his apple sales business located on Highway 10. Mr. Wolner stated that he would like to put off construction until next year.. He stated that they have come up with a concept for the building and have gone so far as to have plans drawn up and get financing from a local bank in the City. Mr. Wolner stated that they are planning to put a building up which would have the interior look of a barn. He further stated that they would have a sanitary kitchen in order to make carmel apples, fudge etc. He indicated he felt they were not ready to construct this year because they need to fine tune the plans. Councilmember Williams indicated that he felt the City Council has tried to be very understanding to Mr. Wolner and further indicated that he appreciated Mr. Wolner coming to the Council and letting them know what his plans were. Councilmember Gunkel indicated she felt Mr. Wolner's plans were more extensive than what he originally proposed. Mr. Wolner indicated to the Council that at the present time the Council has granted him an extension to keep up his temporary stand until December 31, 1985, and further stated that he does not want an extension on that date but just wants the council to know what he is planning to do in the area. COUNCILMEMBER WILLIAMS MOVED TO GRANT PERMISSION TO MR. LARRY WOLNER TO KEEP HIS PRESENT STRUCTURE NO LONGER THAN DECEMBER 31, 1985 AND THAT THE STRUCTURE BE RE- MOVED PRIOR TO ANY OTHER STRUCTURE BEING STARTED ON THE PROPERTY AND FURTHER THAT MR. WOLNER GO BACK TO THE CITY COUNCIL NO LATER THAN MARCH OF 1986 WITH PLANS AND SPECIFICATIONS FOR HIS NEW STRUCTURE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 18. Gambling License Application from Knights of Columbus Counci15296 The City Administrator indicated that since the law has changed, the City no longer is in charge of Gambling license, but further stated that the City does have veto power over these licenses. The City Administrator further. indicated that the Knight's of Columbus Council have put 1n an application for a Gambling License to the Charitable Gambling Control Board for a raffle. Discussion was held regarding this matter. The City Council took no action on the Gambling license application. ~ City Council Minutes September 3 , 1985 Page E igh t 19. Administrator's Update A. Finance Officer Recruitment The City Administrator indicated that he had 82 applicants for the Finance Officer position. He further stated that he had selected ten of those applicants to interview and further that eight out of the ten showed up for the interview. The City Administrator indicated that out of the eight he had interviewed, he had chosed four that he would like to set up interviews with the City Council. It was the consensus of the City Council to set the date for interviews as Thursday, September 5, 1985 at 7:00 p.m. B. Staff Report on Elk River Mall PUD The City Administrator indicated that some businessess have been approaching the City Staff indicating that they are ready to open in the Elk River Mall. He further indicated that there were stipulations in the Developer's Agreement such as landscaping and blocktop roads that had to be completed before any re- tailers occupied the building. The Building and Zoning Administrator indicated that all underground utilities were supposed to be approved by the City's Engineer. He further stated th at he had spoken to Terry Maurer, the City's Engineer, and Mr. Maurer had indicated that he had never inspected any of the underground utilities. The Building and Zoning Administrator indicated th at Gammon Brothers. had contacted Mr.Maurer and indicated that they would like Mr. Maurer to waive the inspection require- ment. These items were discussed further and it was the consensus of the City Council that the City follow the requirements in the Developer's Agreement. C. Industrial Park Feasibility Study for Utility and Street Construction The City Administrator indicated that at the reqest of the Investor's ~roup he and Mayor Hinkle met and discussed the Industrial Park feasibility question. The City Council discussed the possibility of having a work session and then meet with the lnvestor's Group to look at all the possibilities available to make the Industrial Park feasibility work. The City Administrator indicated that Tescom is looking at a large addition and wants to know when the City will extend the street. Mayor Hinkle stated that a boat firm indicated they were interested in the Elk River area, but stated that the firm was also looking at a neighboring area. Councilmember Gunkel questioned if maybe the City could somehow entice the boat manufacturer's firm and maybe also some other firm so the City could then go with IRB's. Council- member Gunkel also questioned whether they could possibly coordinate IRE's with tax increment financing. Further discussion was held on this matter. . , City Council Minutes September 3" 1985 Page Nine D. Gates Avenue Traffic - Lower Gates iliunci1memberGunke1 stated that the traffic on the South end of Gates and Third Street has become a problem since the north/south stop sign was taken down as part of the project. She further indicated that she has received calls regarding the increased speed on Gates Avenue and further indicated that the area is used quite frequently by elderly people. E. School Street and Jackson Councilmember Williams indicated that on the corner of School Street and Jackson there is not only firewood, but also a car and a woodburning stove for sale. Councilmember Williams indicated he felt the site was becoming an eyesore. It was the consensus of the City Council to direct the City Staff to have the area cleaned up. 20. Check Register COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 21. AdjQ.urnment There being no further bus iness" COUNCILMEMBER ENGSTROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. The Elk River City Council Meeting adjourned at 11 :00 p.m. Respectfully submitted, ~ Sandra Thackeray Administrative Secretary ST: sm