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04-18-1983 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY APRIL 18, 1983 Members Present: Mayor Hinkle, Councilmembers Engstrom, Duitsman, Schuldt, and Gunkel. Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda ceUNCILMEMBER SCHULDT MOVED TO APPROVE THE APRIL 18, 1983 CITY COUNCIL AGENDA. COUNCILMEMBER ENGSTROM SECONDED THE MOTLON. THE MOTION PASSED 4-0. 3. Minutes COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF APRIL 4, 1983 CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Councilmember Gunkel indicated that she has contacted Mr. Ken Stueve, President 0:E the Jaycees regarding the placement of some play equipment, tires or culverts, in Tot Park. Councilmember Gunkel indicated that Mr. Stueve indicated that the Jaycees would be interested in working with the neighbors to fix up Tot Park. Discussion was carried on regarding the location of an easement to get to the Park. 5. Recognition of Officer Robert Petermann Mayor Hinkle indicated that Police Officer Robert Petermann was recently recognized by the Minnesota Chiefs of Police Association as Officer of the Year, Honorable Mention. Mayor Hinkle indicated that Resolution 83-5 is a resolution recognizing Officer Petermann. COUNCILMEMBER ENGSTROM MOVED TO ADOPT RESOLUTION 83-5, A RESOLUTION RECOGNIZING OFFICER PETERMANN AS OFFICER OF THE YEAR, 1983,HONORABLE MENTION. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 5-0. Officer Petermann thanked the City Council and indicated his appreciation of working for the City of Elk River, and Police Chief Tom Zerwas 6. Quit Claim Deed for Fairground Deed Restriction Mayor Hinkle indicated that at a recent meeting of the County Board, the Board members adopted a resolution authorizing the county to enter into a purchase agreement for 42 acres owned by the Gospidar family, and requiring that the City remove the existing deed restrictions on the 14 acres currently owned by the Fairboard. Mayor Hinkle indicated that in a joint meeting of members of the City Council, the Fairboard and the County Board, the necessity of a zone change to accomodate the County's Fairground expansion was discussed. Mayor Hinkle further indicated that information developed by the Fairboard will be used by the City of Elk River to consider amending the City's Zoning Ordinance, and to provide a conditional use for fairgrounds in R-1b Zones. City Council Minutes April 18, 1983 :rage Two Council~ember Duitsman indicated that County Commissioner Frank Madsen had indicated that the Quit Claim Deed could be given to the County contingent upon purchase of the Gospidar property. Discussion was carried on regarding the deed restriction and the need of a Quit Claim Deed to the County Board. Further discussion was carried on regarding the effect of the purchase of the property on the 1983 County Fair and subsequent years, as well as the trading of the ball fields between the County and the City of Elk River. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE SIGNING OF A QUIT CLAIM DEED FOR THE COUNTY FAIR PROPERTY TO THE COUNTY FAIRBOARD UPON THE SUCCESSFUL PURCHASE OF THE GOSPIDARPROPE~TY BY THE COUNTY. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Lion's Park Rezoning Public Hearing The City Administrator indicated that the Elk River Lion's Club has requested that their parcel of property in Ridgewood East Second addition be rezoned from its existing classification of R-1b Single Family to R-3 Multiple Familyl Townhouse. The City Administrator indicated that the Elk River Lion's Club acquired the property during the planning of Ridgewood East Second Addition and further indicated that the parel of property was donated to the Lion's Club in fulfillment of the Park De ication requirements. Councilmember Duitsman indicated t Club in fulfillment of Park Dedica the City should have some assuranc would go to park development. at if the land was donated to the Lion's ion Requirements of the City, he felt that that the money from the sale of the property The City Administrator indicated t at the property is in the name of the Lion's Club and that they are not ound by the City Council to dedicate the funds to park development, but that it is the Lion's Club's intent to sell the property and use the money fro the sale of the property to help with the acquisition and construction 0 a park in what has been referred to as the peat bog. The City Administrator indicated that the request for rezoning, made by the Lion's Club, is in pre aration to sell the parcel of property, as the R-3 zone would make it a more marketable piece of property than the single family zone. Mayor Hinkle opened the public hearing. Mr. Doug Hodkins of 19lst Street questioned what the property would be used for and the possibility of a road built through the property. The City Administrator indicated allow for a development like the indicated that in an R-3 zone it 15 units. The City Administrator have plans for the property or a would depend on the developer. Mr. Dick Yaeger questioned why th as originally proposed. hat should the area be rezoned, it would arrington Place development, and further llows for a multiple dwelling of up to indicated that the Lion's Club does not eveloper, and that the extension of a road Lion's didn't develop the area as a park, City Council Minutes April 18, 1983 Page Three The City Administrator indicated that the Lion's tried to develop the area as a park and had applied to the State for a grant, but were turned down, basically because of location. General discussion was carried on regarding the area and the various zones in the area adjoining the proposed parcel of property for rezoning. The City Administrator indicated that there was an R-4 zone and an R-3 zone in the immediate area of the Lion's property. Mayor Hinkle indicated that according to the Planning Commission minutes, residents in the area were concerned that should this area be rezoned, other vacant lots in the Ridgewood East development would also be rezoned for multiple dwellings. Mayor Hinkle indicated that he could not see this happening as that would be spot zoning, and that the City Council is very much against spot zoning. Discussion was carried on regarding the size of the area and how many units could potentialtY be proposed for the total area. The City Administrator indicated that a developer would have to have a plat approved by the Planning Commission and 1ity Council, and therefore, the City Council can basically dictate how the!plat should be developed. Discussion was ~arried on regarding the type of multiple dwellings that could be built in thelarea, and .whether or not there would be low income homes. The City Admini$trator indicated that it would be up to the developer as to the type of fin~ncing available for a project. I Mr. Wally Fox, 1 representative of the Lion's Cluh, indicated that the whole purpose of the rezoning request was to make the property more marketable, and therefore, mse the proceeds for development of another park. ! ! Councilmember D*itsman indicated that a multiple family zone for that area would provide more income. for the Interceptor Sewer Lines which therefore, would benefit the whole City. Mayor Hinkle indicated that there is a need for multiple dwelling zones within the City of Elk River. Mr. Rick Breezee, Building and Zoning Administrator indicated that the Planning Commission had expressed their concern of looking beyond this specific zone request with regard to zoning and the zoning of additional property for multiple family. Mr. Breezee further indicated that the Planning Commission moved to deny the zone request in favor of looking at a larger area for rezoning. Discussion was carried on regarding the inconvenience of the residents in the area by more people walking through the shortest route to the sChool. The City Administrator indicated that the City could deal with those type of problems by requiring buffer zones or sidewalks in the development, by the developer. Councilmember Schuldt asked if there was a definite commitment from the Lion's regarding the development of another park in the peat bog. Mr. Wally Fox indicated that the Lion's Club currently had approximately $20,000 for park development, and that it was the intent of the Lion's Club to use the proceeds of the sale of the proposed property for rezoning to be used for City Council Minutes April 18, 1983 Page Four development of a park in the peat bog. Mr. Fox indicated that the proposed park in the peat bog would be for "people", without ball fields, and further indicated that the ultimate dream is an open air swimming pool. Mr. Fox indicated that the Lion's Club could send a letter to the City stating the intent of the Lion's Club to use the proceeds of the sale of the property in the Ridgewood East Second Addition, for the development of a park in the Peat bog. Further discussion was carried on regarding the compatibility of the rezone re- quest to the rest of the area. Councilmember Schuldt indicated that there was a shortage of multiple housing zoning within the City of Elk River, and felt that a rezone request could be a benefit to the City. Councilmember Schuldt further indicated that as there is not a thru street, the traffic would be re- stricted in the area, and further indicated that the parcel of property in the south could be used as a buffer zone from the Schoolview Addition. Council- member Schuldt further indicated that he felt the rezone request was a better solution than any other for this specific parcel of property. Councilmember Gunkel indicated that she agreed with Councilmember Schuldt, but further indicated that she had never heard of a request for rezoning in order to make a piece of property more marketable. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE REZONE REQUEST BY THE ELK RIVER LION'S CLUB FOR A PARCEL OF PROPERTY IN THE RIDGEWOOD EAST SECOND ADDITION FROM THE EX- ISTING CLASSIFICATION OF AN R-lB TO AN R-3 CLASSIFICATION. COUNCILMEMBER GUNKEL SECONDED THE MOTION~ THE MOTION PASSED 5-0. 8. Brutger Variance Request - Public Hearing Mayor Hinkle indicated that the Brutger Companies have requested a setback var- iance for five of their existing buildings in the Ridgewood East Second Addition. Mayor Hinkle further indicated that the reason for the variance request appears to be that in several incidences the eaves on one or more of the garages en- croaches into a front or sideyard setback and some foundations encroach from.l to .8 inches beyond the requirement. Mayor Hinkle indicated that it was basically a clean up of a small problem that is virtually meaningless in terms of any impact on the City Zoning or Subdivision Ordinance. Rick Breezee, the Building and Zoning Administrator, indicated that the Brutger Companies have been most cooperative to work with during the construction of their project in the City of Elk River. Mr. Breezee indicated that he has been in the building profession for the past five years and has not worked with another company that had done as good a job and has been as cooperative to work with. Mr. Breezee indicated that when measuring over mounds of dirt, an inch up to six inches is not unlikely to happen. Mayor Hinkle opened the public hearing. No one appeared for or opposed to the variance request. COUNCILMEMBER ENGSTORM MOVED TO GRANT A VARIANCE REQUEST TO THE BRUTGER COMPANIES FOR A SETBACK VARIANCE FOR FIVE BUILDINGS IN THE RIDGEWOOD EAST SECOND ADDITION. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes April 18, 1983 Page Five 9. Amendment to Subdivision Ordinance Section 1008.22 - Public Hearing Mayor Hinkle indicated that Ordinance 83-4 is an amendment to Section 1008.22 of the City Subdivision Ordinance dealing with the paving requirements of the City of Elk River. Mayor Hinkle indicated that the Ordinance requires what the City has already done. Mayor Hinkle opened the public hearing. No one appeared for, or in opposition, of the amendment to the Subdivision Ordinance. COUNCILMEMBER SCHULDT MOVED ORDINANCE SECtION 100a.22. MpTION PASSED 4~0. TO ADOPT ORDINANCE 83-4 AN AMENDMENT TO SUBDIVISION COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE 10. G~tes Avenue Road Improvement and Ordering Bids. Mayor Hinkle indicated that the City has received notification that the State has completed its review of the MSA Road Project for Gates Avenue, and that the City is in the position of being able to receive bids for the project. Mr. Terry Mauer of Consulting Engineers Diversified, indicated that the State approved the Gates Avenue project plans, and that it was his recommendation that the City Council advertise for bids as it is necessary to advertise 21 days. Mr. Terry Mauer suggested that the City take bids May 12 and stipulate in the specifications that the City Council may have 60 days to award the bid. Councilmember Duitsman indicated that he felt the City Council should advertise for bids as soon as possible. Councilmember Gunkel questioned the sequence of the Gates Construction Project with regard to the ordering of the project and the taking of bids. The City Administrator indicated that as long-as all of the steps are taken, it is not critical as to how they are done, and further indicated that there is a typical sequence of holding a public hearing, ordering plans and spec- ifications, receiving bids, and ordering the project. Councilmember Gunkel questioned the point of no return, that is, could bids be taken and yet the project not be awarded. Discussion was carried on re- garding the way the specifications are written and the fact that a portion of the contract could be awarded, or all of the project. Mr. Terry Mauer indicated that the specifications are written such that the street will be bid separately with regard to the north half and the south half, as will the storm sewer and the water, and that any part of, or all of the projects could be awarded. Discussion was carried on regarding the placement of water pipe in the street improvement of Gates Avenue and water pipe on 5~ Street and 5th Street. Further discussion was carried on regarding the funding of the project and what portions will be covered by MSA funds. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE GATES AVENUE CONSTRUCTION PROJECT AND TO INCLUDE A PERIOD OF 60 DAYS FOR AWARD OF THE BIDS IN THE SPECIFICATIONS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes April 18. 1983 Page Six 11. Ordinance Requiring.LiquorLiability Insurance for 3.2% Beer License The City Administrator indicated that at a recent City Council meeting. the City Council expressed its desire to adopt an ordinance which would require that all holders of liquor licenses, including non-intoxicating malt liquor licenses, be required to have liquor liability insurance. The City Admin- istrator further indicated that new legislation has raised the limits for liquor liability insurance, and further indicated that the two proposed ordinance amendments addressed the new limits issue, and the requirement of liquor liability for non-intoxicating malt liquor license holders. COUNCILMEMBER DUITSMAN MOVED TO APPROVE ORDINANCE 83-6. AN ORDINANCE AMENDING SECTION 802.04 AN APPLICATION FOR LICENSE OF THE CITY CODE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER ENGSTROM MOVED TO APPROVE ORDINANCE 83-7, AN ORDINANCE AMENDING SECTION 800.04 LICENSE APPLICATION OF CITY CODE. COUNCILMEMBERDUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4~0. 12. A 3.2% Beer License for Entertainment Concepts. Inc.. at City Ball Fields. The City Administrator indicated that at the time of his memo to the City Council, Mr. Reg Powell was the only person that had come into the City and applied fora 3.2% Beer License for the City ball fields. The City Administrator indicated that since that time. someone else has also applied for a 3.2% beer license for the City ball fields. The City Admin- istrator further indicated that in talking to the City's Attorney regarding the issuance of a 3.2% beer license to a private individual, the City Attorney indicated that the City could not issue a license to a private individual or corporation on City owned property. The City Administrator suggested that the City Council table the license request by Entertainment Concepts. COUNCILMEMBER DUITSMAN MOVED TO TABLE THE 3.2% REGULAR ON SALE BEER LICENSE REQUEST BY ENTERTAINMENT CONCEPTS. COUNCILMEMBERSCHULDT SECONDEDTHEMOTIO~. THE MOTION PASSED 4-0. City Council Minutes April 18, 1983 Page Seyen 13. Administrator's Update A. Cable Television. The City Administrator indicated that a draft of the Joint Powers Agreement for the proposed Sherburne/Wright County Cable Communications Commission has been sent to all cities involved in the cable process. The City Administrator further indicated that at this time he has received an agreement from the City of Cokatot and the City of Big Lake. The City Administrator indicated that an Advisory Commission will be set up to do the leg work for the cable TV process which would involve the soliciting of bids and recommended franchise. The City Administrator indicated that each Council will award the contract. The City Administrator further indicated that Mr. Tom Creighton will discuss the Joint Powers Agreement with the City Council. B. City Administrator's Conference The City Administrator indicated that the City Manager's Conference is scheduled for May 11, 12 and 13 at Cragun's Lodge in Brainerd. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ATTENDANCE OF THE CITY ADMINISTRATOR AT THE CITY MANAGER'S CONFERENCE IN BRAINERD. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED. 4-0. C. Deputy City Clerk's Conference. The City Administrator indicated that the International Institute of Municipal Clerks will be holding their annual national conference in Minneapolis, May 22-26. The City Administrator indicated that the conference could be an opportunity for the Deputy City Clerk to attend a national conference and receive the benefits at a very modest cost, which were anticipated in the 1983 budget. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ATTENDANCE OF THE DEPUTY CITY CLERK AT THE INTERNATIONAL INSTITUTE OF MUNICIPAL CLERK'S NATIONAL CONFER- ENCE, MAY 22-26. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 5-0. D. Old #101 Bridge Replacement Review. The City Administrator indicated that a cost estimate of the project has been received, and further indicated that the Bridge plans are at the State for their approval. The City Administrator further indicated that the next step in the process is funding approval. E. Board of Review. The City Administrator indicated that the Board of Review is scheduled for April 27, at 7:00 p.m. F. Heavenly Hills Feasibility Study The City Administrator indicated that the Feasibility Study for the Heavenly Hills Project has been completed and the next step is to schedule a public hearing. City Council Minutes April 18. 1983 Page Eagiht COUNCILMEMBER DUITSMAN MOVED TO ACCEPT THE FEASIBILITY STUDY FOR THE HEAVENLY HILLS PROJECT AND TO ORDER A PUBLIC HEARING FOR MAY 16. 1983. at 8:00 P.M. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. G. School Street. Mr. Terry Mauer presented a copy of a letter to Mr. Bauerly regarding the School Street Project. Mr. Mauer indicated that the letter was with regard to the completion of the project and the problems that need to be solved. H. Notice from the PCA to amend the landfill permit in Elk River. The City Administrator indicated that the City received notice of request for a public hearing regarding the amendment to a landfill permit for the landfill in Elk River. The City Administrator indicated that the City would request a Public Hearing to find out what can be done regarding the problems with the Elk River Landfill. 1. Gravel Tax. The City Administrator indicated that he had been in attendance at the State Legislative Tax Committee regarding the Gravel Tax. The City Administrator indicated that there was a lot of sentiment statewide against the Gravel Tax and that the proposed bill would eliminate the Gravel Tax. The City Adminis- trator indicated that the hearing would be continued the following Wednesday. General discussion was carried on regarding the Gravel Tax Bill, and the option of anotherbii1 which would allow counties to opt for or against the Gravel Tax. Further discussion was carried on regarding the pros and cons of this Gravel Tax. 14. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE APRIL 18, 1983 CHECK REGISTER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION.' THE MOTION PASSED 4-0. 15. Tentative Agenda The water study is tentatively scheduled for the next City Council meeting. THERE BEING NO FURTHER BUSINESS COUNCILMEMBER SCHULDT MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, C:;~!':ed~~/L Deputy City Clerk Treasurer