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03-21-1983 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MARCH 21, 1983 Members Present: Mayor Hinkle, Councilmembers Engstrom, Schuldt and Gunkel Members Absent: Councilmember Duitsman 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE MARCH 21, 1983 CITY COUNCIL AGENDA. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MINUTES OF THE MARCH 7, 1983 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 4 . Open Mike Councilmember Engstrom requested that the Street Department restripe the pedestrian walkway at the intersection of Main Street and Jackson as soon as the restriping work is done in the Street Department. Councilmember Gunkel questioned the speed zone on Jackson between Highway #10 and School Street. Councilmember Gunkel indicated that going toward School Street, the speed zone is 20 miles per hour; leaving School Street the speed zone is 30 miles per hour. General discussion was carried on regarding the speed zoning of that particular section of Jackson Avenue. Councilmember Schuldt indicated that Jackson Avenue is a State road. 5. Library Board Appointment Mayor Hinkle indicated that Library Boardmember Deloris Collins' term has expired and that she has expressed an interest in being reappointed to the Library Board for another three year term. COUNCILMEMBER GUNKEL MOVED TO APPOINT DELORIS COLLINS TO THE LIBRARY BOARD FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 1983. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Beautification Committee Appointments Mayor Hinkle indicated that Mr. Alberto Sanudo, Mr. Dan Anderson and Mr. Carl Nevils' terms have expired on the City Beautification Committee. Mayor Hinkle indicated that Mr. Sanudo and Mr. Anderson have expressed their interest in re- appointment to the Beautification Committee. Mayor Hinkle indicated that Mr. Nevils did not want to be reappointed to the Beautification Committee and suggested that the Council make an appointment to Mr. Nevils' position. Councilmember Schuldt suggested that the Council and City staff ask the current City Beautifica- tion Committee for suggestions or recommendations of someone to be appointed to City Council Minutes March 21, 1983 Page Two Mr. Nevils' position. COUNCILMEMBER ENGSTROM MOVED TO APPOINT MR. ALBERTO SANUDO AND MR. DAN ANDERSON TO THE CITY's BEAUTIFICATION COMMITTEE FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 1983. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Street Easement Vacation - Public Hearing Mayor Hinkle indicated that Mr. John Oliver and Mr. John Nord have requested a vacation of a road easement for a portion of 193rd Avenue Northwest, lying along County Road #1 between the railroad tracks and County Road #1. Mayor Hinkle in- dicated that the portion of 193rd Avenue Northwest serves no useful purpose at this time, nor in the foreseeable future and it is therefore recommended that the ease- ment be vacated. Mayor Hinkle opened the public hearing. No one appeared in favor of or in opposition to the easement vacation request. COUNCILMEMBER ENGSTROM MOVED TO VACATE THAT PORTION OF t93RDAVENUE NORTHWEST BETWEEN COUNTY ROAD ill AND THE RAILROAD TRACKS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Daniel Karst Conditional Use Permit - Public Hearing Mayor Hinkle indicated that on June 3, 1980, the City of Elk River granted Mr. Daniel Karst of 22878 Elk Lake Road, a conditional use permit for the purpose of placing a mobile home on his property for a period of two years. The Mayor in- dicated that the permit did stipulate that after a two-year period, his permit would be reviewed for renewal. Mayor Hinkle further indicated that Mr. Karst has requested that the City consider reissuance of the permit. Mayor Hinkle further indicated that Mr. Karst's request for a conditional use permit is inconsistent with the current adopted amendments .to the City's Zoning Ordinance. Mayor Hinkle indicated that the City's Planning Commission has recommended the reissuance of Mr. Karst's conditional use permit for a two-year period. Mayor Hinkle indicated that he had discussed the conditional use permit with Mr. Karst and Mr. Karst informed him that he may not need a conditional use after April 1st of 1983. Mr. Rick Breezee, the City's Building and Zoning Administrator, indicated that Mr. Karst does understand the two-year extension would be the last extension to the conditional use permit. Mayor Hinkle opened the public hearing. No one appeared in favor of or opposed to the conditional use permit. General discussion was carried on regarding the possibility of setting a prece- dent by the reissuance of Mr. Karst's conditional use permit, and if there were any other conditions specifically like the Mr. Karst conditions. Further dis- cussion was carried on regarding Mr. Karst's understanding of the two-year limit on the conditional use permit. City Council Minutes March 21, 1983 Page Three COUNCILMEMBER ENGSTROM MOVED TO GRANT MR. KARST A CONDITIONAL USE PERM~T FOR THE PURPOSE OF. HAVING A MOBILE HOME ON HIS PROPERTY. TO BE TERMINATED AT THE END OF TWO YEARS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Zoning Ordinance Amendment Regarding Accessory Use Setbacks - Public Hearing Mayor Hinkle indicated that in late 1982, the City Council asked that the Planning Commission consider amending the City's Zoning Ordinance to permit a setback of less than 600 feet for accessory buildings in the agricultural zone. Mayor Hinkle further indicated that the Planning Commission has recom- mended that the City Council reduce the accessory structure setback in the agricultural zone to 300 feet from any neighboring residence and to maintain the 600 feet from any residence in platted areas. Mayor Hinkle opened the public hearing. No one appeared in favor of or opposed to the amendment to the Zoning Ordinance. Mayor Hinkle indicated that he was in favor of keeping the setback requirements at 600 feet for accessory buildings in agricultural zones. Mayor Hinkle further indicated that in extreme cases, a variance or conditional use could be con- sidered. Discussion was carried on regarding the use of accessory buildings in agricultural zones with regard to noise or odor. Councilmember Gunkle indicated that she felt the setback should remain at 600 feet for animal use and that it could be less for other agricultural uses such as storage of crops or machinery. Councilmember Schuldt indicated that a variance could be granted in extreme cases or hardships. Mr. Rick Breezee, the City's Building and Zoning Administrator, discussed the Planning Commission recommendation regarding the altering of the setback require- ments from 600 feet to 300 feet. Mr. Breezee indicated that the Planning Com- mission vote was 4-3 in favor of the amendment to 300 feet based on the fact that the A-I zoning principal use is agricultural. Mayor Hinkle indicated that if the land is used for agricultural purposes, there would generally be enough space to have a 600 foot setback without causing a problem. Councilmember Gunkle indicated that she felt the 600 foot setback was too restrictive. Councilmember Engstrom indicated that he could understand the argument on both sides, but felt the 600 foot setback was a reasonable number for a setback in an agricultural zone. Councilmember Schuldt indicated that it would be impossible to adopt an ordinance to suit everyone's needs and that the City Council must decide what is best for the general public. COUNCILMEMBER SCHULDT MOVED TO DENY THE NEW PROPOSED ZONING ORDINANCE AMENDMENT REGARDING ACCESSORY US'~ETj3A.cKS. COWCILMEMB'ER ';E:N~STROW SECON:EJEDTHE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER GUNKEL OPPOSED. City Council Minutes March 21, 1983 Page Four 10. Subdivision Ordinance Regarding Filing and Recording of Conveyances - Public Hearing Mayor Hinkle indicated that the proposed ordinance amending the existing section of the City's Subdivision Ordinance, Section 1008.26, is largely a housekeeping matter as there were some blank spaces left for dates and that the attached ordinance amendment fills in those dates, thereby completing that Section of the Subdivision Ordinance. Mayor Hinkle indicated that the various dates in Section 1008.26 have been researched by the City's Attorney and were found to be consistent with the various occurences within the City which affect the filing and recording of conveyances. Discussion was carried on regarding the dates and the consensus of the City Council was to again confirm the dates. COUNCILMEMBER GUNKEL MOVED TO ADOPT THE AMENDMENT TO THE SUBDIVISION ORDINANCE, SECTION 1008.26 REGARDING RESTRICTIONS ON FILING AND RECORDING OF CONVEYANCES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Gopher Bounty. Mayor Hinkle indicated that at a previous Council meeting the question of paying a $35.00 bill for gopher bounty arose and concern was raised as there were no funds budgeted in the 1983 budget to pay for gopher bounty. Mayor Hinkle indicated that a gopher bounty has been paid since the consolidation of the City and the Township and that previous to the consolidation the County had paid a gopher bounty as well as the Township. Mayor Hinkle further indicated that in checking with surrounding communities he discovered that neither Otsego Township, or Anok?, have a gopher bounty, but Sherburne County does. Mayor Hinkle further indicated that there are quicker ways of getting rid of the gophers than trapping. Mary Lou Thompson submitted a petition with 81 signatures requesting that the City continue its gopher bounty. Miss Amy Engstrom requested that the City Council consider the continuance ofa gopher bounty as it does provide extra money for young people who are not old enough to have a job. Ruth Cook indicated that she has three sons who have had diffucu1ty in finding jobs over the summer and further indicated that trapping of gophers has provided them with extra spending money. Mr. Gene Thompson indicated that if the City would discontinue its gopher bounty, the young people would then take the gophers they have trapped to Big Lake or other townships, and further indicated that he felt this City should pay for its own share of the gopher bounty. Mr. Thompson indicated that gophers are trapped in road ditches and all around, and further indicated that he felt the City sou1d pay its own way, so to speak, for gopher bounty. Counci1member Engstrom indicated that he was in favor of the City continuing its gopher bounty. Counci1member Engstrom indicated that it is not a big issue but that he felt it was a means for young people to have a responsibility and to earn some extra spending money. Counci1member Engstrom indicated that if the City would discontinue its gopher bounty it would be the only government within the County not to have a gopher bounty program. Mayor Hinkle indicated that he felt if the County did not continue to provide a gopher bounty, it would be difficult for the City to continue. City Council Minutes March 21, 1983 Page Five . Councilmember Gunkel indicated that the City Council will authorize thousands of dollars on one issue and haggle over a small issue. Councilmember Gunkel further indicated that sometimes the City Council misses the importance of the small items, and further indicated that she felt the possible $500 expenditues was not a big controversey. Mayor Hinkle indicated that he understood what Councilmember Gunkel said, and felt that he could support the gopher bounty for another year and further indicated that he felt it should be reviewed on a year to year basis. The Deputy City Clerk read two letters from local citizens regarding the gopher bounty issue. Councilmember Schuldt indicated that he understood the other Councilmembers feelings but the City Council must trim $30,000 out of the 1983 budget, and further indicated that the City Council must, therefore, even look at the nickle and dime issues. Councilmember Schuldt mentioned other areas that the City Council must look at regarding the trimming of the 1983 budget, specifically the liquor store ads placed in the local.paper as well as a donation to a local non-profit organization. Further discussion was carried on regarding the 1983 budget for the City of Elk River. COUNCILMEMBER ENGSTROM MOVED TO AUTHORIZE THE CONTINUANCE OF A GOPHER BOUNTY FOR 1983. COUNCILMEMBERGUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER SCHULDT OPPOSED. . 12. Noncontroversial items A. Softball Association - Nonintoxicating Malt Liquor License. The Deputy City Clerk indicated that the Elk River Softball Association has requested a nonintoxicating malt liquor license in order to sell con- cessions at the City's two ball fields during the softball season. The Deputy City Clerk indicated that the license requested has been issued by the City Council to the Softball Association in previous years. General discussion was carried on regarding the clean up of the ball fields after the softball games. Councilmember Gunkel indicated that if the sale of nonintoxi- cating malt liquor was not approved, it still could be brought in by individuals, and there would be no discrimination as to who would be able to consume the beer. Further discussion was carried on regarding possible legislation requiring that beer kegs be registered with the State, as well as discussion regarding the cost ,of cleaning up the ball fields. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE NONINTOXICATING MALT LIQUOR LICENSE FOR THE SOFTBALL ASSOCIATION FOR 1983. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 2-1. COUNCILMEMBER ENGSTROM OPPOSED. B. Request for a Nonintoxicating Malt Liquor License by ilK Touch of Class" Men's Softball Team .. The Deputy City Clerk indicated the "Touch of Class" Men's Softball Team has requested a 3.2 percent nonintoxicating malt liquor temporary on-sale license City Council Meeting Minutes March 21, 1983 Page Six for April 23 and 24 as a softball tournament is schepuled. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE NONINTOXlbATING MALT LIQUOR LICENSE FOR "A TOUCH OF CLASS" MEN'S SOFTBALL TEAM. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 13. Administrator's Update A. Old Highway #101 Bridge The Deputy City Clerk indicated that the City was in the process of obtaining a construction easement from the Nadeau Cleaners for the construction of the #101 Bridge. B. Gravel Tax The Deputy City Clerk indicated that there was a bill before the Senate re- garding the elimination of the gravel tax and that City staff would stay in- formed with regard to scheduled committee hearings on the proposed legislation. C. Specifications for a Truck and a Loader for the Street Department The City Street Superintendent, Mr. Phil Hals, reviewed the general specifica- tions for a loader and a truck with the City Council. Discussion was carried on regarding types and kinds of loaders, horsepower, resale value of specific types of equipment and lifetime of specific types of equipment. Mr. Hals indicated that the specifications were written in order to obtain bids for both diesel fuel and L.P. gas. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO ADVERTISE FOR BIDS FOR A LOADER AND A DUMP TRUCK. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. D. Advertisement for the American Legion Sixth District Convention The Deputy City Clerk indicated that the American Legion has requested the City to place an ad in their publications for the Sixth District Convention to be held in the City of Elk River, June 3rd through the 5th. It was the consensus of the City Council to consider the advertisement in the Legion's publication at the next scheduled City Council meeting. E. Building and Zoning Department Update Mr. Rick Breezee, Building and Zoning Administrator, reviewed the situation with W & W Motors. Mr. Breezee indicated that W &W Motors was given one week to clean up and get rid of the junk at their location on Highway #10, and further indicated that the clean up has been accomplished. Mr. Breezee further reviewed the situation with the Menkveldt property on Highway #10. Mr. Breezee indicated that Mr. Menkveldt did not appear at the hearing and that the County is in the process of issuing a warrant. City Council Meeting Minutes March 21, 1983 Page Seven Mr. Breezee indicated that the PCA was contacted bya private citizen re- garding some barrels that appeared to contain toxic waste. Mr. Breezee indicated that he, the City Administrator and the Police Chief met with the PCA to investi- gate the barrels. Mr. Breezee indicated that the PCA has indicated to the City that they do not believe the barrels contained a chemical hazard. 14. Check Register COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MARCH 21, 1983 CHECK REGISTER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 15. Tentative Agenda The Economic Development Commission meeting is scheduled for the March 28 City Coun- cil meeting. There being no further business, COUNCILMEMBER GUNKEL MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Respectfully submit~ed, {);~ ~eg/~ Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dk