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09-19-1983 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY SEPTEMBER 19, 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 Item 17-E, Rental of Downstairs, City Hall, was added to the September 19, 1983 City Council Agenda. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE SEPTEMBER 19, 1983 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 6, 1983 CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Mr. Robert Schwabeck requested the City Council to authorize a street light at the corner of Meadowvale Road and Islandview Drive. Mr. Schwabeck indicated that the school bus is not even visible at that intersection in the late afternoon during the winter. Mr. Schwabeck further indicated that a pole was placed there recent- ly by the Utility Company and a light could be placed on the pole. Mr. Schwabeck indicated that the neighbors do not have a problem with a light at that corner. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE THE INSTALLATION OF A STREET LIGHT AT THE CORNER OF MEADOWVALE ROAD AND ISLANDVIEW DRIVE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMEMBER DUITSMAN ABSTAINED. Discussion was carried on regarding the Utilities' position regarding installation and paying for street lighting in the future. Mayor Hinkle publically thanked the Beautification Committee for the flag and flag pole, and the work done on the flag-raising ceremony. 5. Piwowar Zone Change Request - Public Hearing The City Administrator indicated that Mr. Walter Piwowar is requesting a zone change for property located at 527 Tipton from the current zoning classification of R-1c Single Family Residential, to R-2 Two Family Residential. The City Ad- ministrator further indicated that the Planning Commission unanimously recommended approval of the R-2 zone change. The City Administrator indicated that in the City Council's last discussion of the zone change request made by Mr. Piwowar from R-1c Single Family, to R-3 City Council Minutes September 19, 1983 Page Two several concerns were raised regarding the change from the current classification of R-1c to any multiple classification and whether it would be compatible for the neighborhood. The City Administrator further indicated that there also were concerns regarding traffic in and around the subject property area. The City Administrator indicated that roadways on either side of the property are narrow and poorly designed, and further indicated that if a zone change were granted, Mr. Piwowarwould be able to place up to eight density units per acre on the property, as opposed to five density units in the current R-1c zoning classification. The City Administrator indicated that the City Council must determine whether the re- zoning would be compatible with the neighborhood. The City Administrator further indicated that residents tn the area have expressed their opposition to any zone change. Councilmember Schuldt read the following statement expressing his views on the zone change: "First of all, I owe an apology to Mr. Piwowar. When his R-3 zone request came before the Council previously, I virtually assured him that an R-2 zoning would be acceptable. Mr. investigation into this matter tells me those comments were pre- mature and I was wrong in making them. Rezoning an area is a difficult question in most cases. Rarely is it a cut-and- dried matter. With a rezoning request there are two aspects to consider: 1) what is best for the City of Elk River, and 2) what is best for the affected area. The area in this matter has been thru the rezoning process twice before in recent times. It is tough for these people to accept a departure from what has been an acceptable status quo. To their credit, they have been vocal, but they have also been patient. In two previous cases, vacant lots were rezoned from R-1 to R-2. I feel they were appropriate changes in that there was not sufficient arguement to deny them. Neither of the two previous changes were in the heart of the neighborhood, both were on the fringe and located on a main thoroughfare - Main Street. Any possi- ble increase of vehicle and pedestrian traffic or population density should not adversely affect the neighborhood. Although the site of this present rezone re- request is within a block and a half distance from the previous two, there are some very great differences to consider. Most of the land is vacant and there is a burned out, older, two-story house near the northern edge. My first reaction to an R-2 zone was favorable. A two-family dwelling is far more acceptable than apartment houses, town houses or condominiums. In this location I foresaw perhaps four double dwellings, two on each side street, and I did not see any great drawbacks. Now I have doubts. My first doubt came after a conversation with our Building Inspector. He told me the land area could conceivable hold eight double dwellings, which would mean sixteen families. As an R-le; the area could conceivable hold eleven single family dwellings. Even with the totals reduced because of setback requirements, the double homes would still increase the neighborhood population a third more than sipgle homes. This would be an incompatible land use, considering the general character of the neighborhood. City Council Minutes September 19, 1983 Page Three My second doubt came after the Council had to consider the density of a differ- ent area. My arguement against permitting what the developer requested was the increased traffic such a density increase would have on the side streets, which are wider and straighter than what we have in the present situation. These streets are narrow, curved, and without sidewalks. These two side streets are already used as a short-cut between Highway 10 and Main Street. Both vehicle and pedistrian traffic has to be a factor. Increasing them through multiple housing would dramatically increase the hazard to public safety. It is my understanding that Mr. Piwowar told the Planning Commission his intent was to remodel the existing burnt-out house into a dpulex. He would live upstairs and rent out the downstairs. He also reportedly told the Planning Com- mission there was not any intent to develop the rest of the property. If such were true, then I could see no reason for rezoning the entire area. The Council has the perrogative to ,reZone only a portion of what is asked. My thought then was to suggest rezoning only the portion of land that the house and garage sits upon and set a restriction on the rezoning which would include remodeling the present structure. My third doubt came from a conversation with our City Administrator. He said my suggested restriction on the zone change was not permissible, that rezoning left it open for the owner to do as he wished. Following that conversation I looked at the property again. It occurred to me that if only the area upon which the buildings sit were rezoned, and if the owner changed his mind to build anew, there might possibly be enough area to build two double dwellings. Or, if he decided to sell, the next owner would be free to do th~ same. My fourth doubt came in considering the possible impact on other areas of Elk River. Suppose only a small portion of the area is rezoned and remodeling of the existing house does occur. What we will have done is simply make it possible for an existing family home to be rezoned and turned into a duplex. This city is full of similiar, older houses. It is conceivable that many of these homes could be readily turned into duplexes. The result could be devastating. It leads to absentee ownership, deteriorating property and neighborhoods. Lastly, this particular neighborhood has already been subjected to an inappro- priate spot zoning which has put commercial business in their residential setting. The Council is often reminded in zoning matters that each request must stand on its own merits. In this instance there are few, if any, merits in granting the request. Rezoning would be far more detrimental than it would be beneficial. I feel that this zone change should be denied." Mayor Hinkle opened the public hearing. Mr.. Tom Johnson, 508 Tipton, thanked Councilmember Schuldt for spending time in researching the questions of the zone change request in his neighborhood. Councilmember Gunkel indicated that at first she felt the zone change would be good for the City of Elk River, but after research- ing the area, Councilmember Gunkel indicated that she felt the traffic could cause a problem and therefore, it was her feeling that the zoning should remain R-lc. Councilmember Engstrom indicated that he felt the traffic situation could disrupt a single family residential area and therefore, recommended the zone would remain R-lc. COUNCILMEMBER SCHULDT MOVED TO DENY THE ZONE CHANGE REQUEST BY MR. WALTER PIWOWAR FOR PROPERTY LCOATED AT 527 TIPTON. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTIN PASSED 4-0. City Council Minutes September 19, 1983 Page Four 6. Heavenly Hills Road Improvement The City Administrator indicated that at the August 1, 1983 City Council meeting, the City Council authorized the City's engineer to prepare plans and specifications and obtain bids for the Heavenly Hills road improvement project. The City Admini- strator further indicated that Thursday, September 8th, the City received bids rang- ing from $112,916 to $130,580, with the low bidder being S & LExcavating. The City Administrator indicated that in the S & L Excavating bid for the Heavenly Hills project, there is $16,000 for hauling excess dirt from the site. The City Admini- strator further indicated that it is recommended by the engineer and the City staff that the $16,000 dirt-hauling item be deleted from the project and that the excess dirt be wasted on the site or stockpiled for hauling by the City's crews. The City Administrator indicated that with the dirt-hauling item deleted from the construc- tion bid, the low bid would be $97,000. The City Administrator then reviewed addi- tional costs to the project as stated in his memo to the Mayor and City Council dated September 15, 1983. The City Administrator inddlcated that if the assessment method used is as proposed at the public hearing, the resu~g cost on a per lot or per unit assessment would be $4,573.00. The City Administrator further indicated that this cost is based upon several assumptions: if the project is completed in the fall of 1983, engineering fees would be reduced by several thousand dollars, as additional staking would not be necessary in the spring of 1984. The City Admini- strator further indicated that there may be additional costs, should there be problems in obtaining easements or if there would be legal challenges and further indicated that these costs could range anywhere from $5,000 to $10,000, depending on the nature of the challenge and the amount of legal time required. The City Administrator indicated that these additional costs could increase the assessment approximately $400 per lot. Councilmember Duitsman questioned the time of the assessment of the project. The City Administrator indicated that the project would be assessed in 1984 for 1985 collection. Ms. Kitty Omitt questioned the possibility of deleting the $16,000 for dirt removal. Ms. Omitt further indicated that it was her understanding that the acceptance of a bid as submitted was required by law. The City Administrator indicated that the $16,000 could be deleted by a change order. Mr. Terry Maurer of Consulting Engineers, presented to the City Council various asses- sment'options. Discussion was carried on regarding the various options, the amount of proposed annual payments, and the fact that the assessment could be paid off at any time. Mr. Jim Tralle requested that the City Council address the issue of obtaining easements necessary for the project. Mr. Terry Maurer indicated that there were five properties from which easements had to be obtained. Mr. Maurer reviewed those easements on a map for the City Council. Mr. Ron Wurm, one of the property owners from which an easement is needed, indicated that he felt his property was already too close to the road and further indicated that he felt an easement should be worth something in compensation and therefore, he would not give the easement. City Cauncil Minutes Septmeber 19, 1983 Page Five The City Administratar indicated that the easement would make canstructian af the praject easier but the cantractars can wark araund the prablem if an easement was nat abtained. I Mr. Mike Gaulet indicated that he had purchased praperty in the Heavenly Hills Addi- tian and further indicated that he was appased to. the praject. Mr. Gaulet indi- cated that accarding to. his abstract, his praperty had access onto. Highway 169 and therefare, he did nat need the raad in the Heavenly Hills praject. Mayar Hinkle questianed Mr. Gaulet regarding his knawledge af the passibility af an assessmenta his property . Mayar Hinkle further indicated tha t Mr. Goulet's prap- erty has been a part af the praject since the cansideratian af the raad impravements has been made. Further discussian was carried an regarding Mr. Gaulet's praperty and the passible access to. Highway 169. Mr. Terry Maurer af cansulting Engineers Diversified, Inc., indicated that their survey crews have determined that there are deeds an recard cavering easements that the streets are built an with access to. Highway 169. Further discussian was carried an regarding the recarded easements and the passibility af a private access to. Highway 169 far the Gaulet praperty. Cauncilmember Schuldt indicated that he felt the City Cauncil has been cansidering the raad impravements in the Heavenly Hills Additian far a lang time and furtherindi- cated that he felt the canstructian bids were reasanable and therefare, he recamended that the praject be autharized at this time. Cauncilmember Gunkel indicated that she had spent a lat af time warking with the peaple trying to. find ways to. get the casts dawn and further indicated that the peaple in the Heavenly Hills Additian felt that if they cauld get the praject to. within $4,500 per lat, they wauld accept the praject. Cauncilmember Engstrom indicated that he nas also. warked with the peaple in the Heavenly Hills Additian and further indicated that he felt the bids far canstructian af thepraject were very fair and that autharizatian af the praject was the best salu- tian to. the prablem. COUNCILMEMBER DUITSMAN MOVED TO ADOPT RESOLUTION 83~17, A RESOLUTION ORDERING THE HEAVENLY HILLS STREET AND STORM SEWER IMPROVEMENT PROJECT AND AWARDING THE BID TO S & L EXCAVATING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4~0. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE A CHANGE ORDER FOR A $16, 000 REDUCTION TN THE CONTRACT FOR THE REMOVAL OF THE EXCESS DIRT ON THE PROJECT TO BE DONE BY THE CITY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. Ran Wurm requested that the City Cauncil give the citizens a guarantee af the cast af the praject. The City Administratar indicated that if Mr. Wurm cauld guarantee that there wauld be no. additianal legal casts ar easement casts, it wauld be easier far the City to. give a guarantee. Cauncilmember Gunkel indicated that the variables wauld depend an the residents in the area as the cost af the canstructian is a cantract amaunt. City Council Minutes September 19, 1983 Page~Sjix Further discussion was carried on regarding additional costs to the project. Mr Ron Wurm indicated that he would not give an easement to the City. COUNCILMEMBERSCHULDT MOVED TO DELET THE PORTION OF THE PROJECT REQUIRING AN EASE- MENT FROM MR. RON WURM. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Thompson Administrative Subdivision - Public Hearing The City Administrator indicated that Mr. Matt Thompson at 22248 Elk Lake Road, has requested an administrative subdivision to split a 2.9 acre parcel from his property. The City Administrator indicated that the only problem associated with the Thompson Administrative Subdivision is the fact that the parcel does not have a public or approved private access, the City's Zoning Ordinance prohibits the issuance of a building permit. The City Administrator indicated that the Thompson Administrative Subdivision request is the type of situation the City Council addressed in their road maintenance and standards policy resolution. The City Administrator indicated that it is recommended that the City Council approve the Administrative Subdivision re- quest by Mr. Thompson subject to Mr. Thompson entering into a private road agreement with the City of Elk River which stipulates that the easement is in fact dedicated for public use and that the responsibility for maintenance is Mr. Thompson's; that the easement be a minimum of 24 feet in width and that the City of Elk River assumes no liability for future maintenance of the roadway or liabilities in the event emer- gency vehicles cannot use the easement. Mayor Hinkle opened the public hearing. Discussion was carried on regarding the private road agreement. Councilmember Gunkel requested that the City staff monitor any further development on the private road. The City Administrator indicated that further development could not be done without the City Council's approval. Mayor Hinkle closed the public hearing. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE THOMPSON ADMINISTRATIVE SUBDIVISION FOR THE PROPERTY LOCATED AT 22248 ELK LAKE ROAD SUBJECT TO THE CITY AND MR. THOMPSON ENTERING INTO A PRIVATE ROAD AGREEMENT.COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Zoning Ordinance Amendment Regarding Lot Area - Public Hearing The City Administrator indicated that in the recent review of the Deerfield Prelim- inary Plat, questions were raised regarding the application of the definition of lot area. The City Administrator indicated that the questions were raised because of the wetlands and low land in the Deerfield 1st Addition. The City Administrator-indi- cated that the Planning Commission considered the definition of lot area and recomend- ed that the definition be amended[to eliminate the language Jlbelow the natural ordinary high water level of any public water or any area which serves as a surface water drainage course or holding area and is frequently under water". The City Administrator further indicated that since the Planning Commission's review, the City staff met with Mr.cBiJl Harju of the 'Soil Conservation Service.regarding his tho ught: e op lot a['ea;-and the impact of changing the definition~ The City Admini- sTr-ator indicated that Mr. Harju is concerned and does not suggest that any area City Council Minutes September 19, 1983 pa,geSeven which frequently holds water be considered in the definition of lot area. City Administrator further indicated that Mr. Harju has indicated that he be willing to review platted areas to determine the adequacy of soils for site septic systems and to help judge the buildable nature of the plat. The would on- Mr. Rick Breezee, Building and Zoning Administrator, indicated that in the dis- cussion of the Deerfield Plat and the lot area size, Mr. Harju expressed his con- cern for soil conservation, soil erosion, contamination and the percolation rate of soils in a particular plat. Mr. Harju indicated that objectives of the Soil Conservation Service are the preservation of agricultural land and to control ero- sion, both rural and urban. Mr. Harju indicated that Sherburne County has coarse soil and therefore, it is a pool filtering system. Mr. Harju indicated that Sher- burne County also has a high ground water level and it is a concern of the Soil Con- servation Service as to'where the contamination goes. Mr. Harju reviewed various soil maps with the City Council and the methods by which the Soil Conservation Ser- vice can determine conditions of soil and the peroclation rate of various soils. Mr. Harju indicated that some communities require soil borings and percolation tests for plat development. Mr. Harju further indicated that the Soil Conservation Service would be willing to work with the City of Elk River in the review of plats and will provide any information they can to the City of Elk River regarding soil conditions. Mr. Harju indicated that he and the Soil Conservation Service are very concerned about the future. The City Administrator indicated that based on the staff's discussion with Mr. Harju, it is recommended that the City Council consider the lot area~defini- tion as recommended by City staff in his memo daced September 15, 1983. General discussion was carried on regarding the Planning Commission's recommendation on the lot area definition. Mr. Rick Breezee, Building and Zoning Administrator, indicated that Planning Commission members Mr. John Pearce and Mr. Jim Tralle felt that if a purchaser should buy two and one-half acres of marshland, it was a situ- ation of "let the buyer beware". Mr. Rick Breezee indicated that the concern is how much area is needed for building and a septic system on a particular lot. Mr. Breezee further indicated that he felt theCity Council should require percolation tests for development. Mr. John Oliver suggested that the definition should define minimum area for a building site rather than exclude areas occupied by water. Further discussion was carried on regarding the Planning Commission's recommendation versus City staff's recommendation of lot area definition. Mayor Hinkle suggested that the City ,Council continue the public hearing until the Planning Commission can r~Qn~~gerthe lot area definition issue. The City Administrator indicated that Mr. John Oliver has a client that is waiting for a specific definition in order to finish the final plat. Mr. John Oliver indicated that they have been working based on the Planning Commission's recommendation and the fact that the City Council is considering something different than the Planning Commission's recommendation, has caused him some difficulty. Councilmember Duitsman suggested that the lot area definition be again referred to the Planning Commission for a recommendation. Mr. Harju suggested that the Soil Con- servation provide the City of Elk River Planning Commission with a wetland definition. City CQuncil Minutes SeptembeJ:" 19, 1983 Page Eight Councilmember Gunkel indicated that the ordinance change would require a four-fifths vote and it was a~parent that the City Council was not in agreement on the proposed lot area definition; therefore, it should be referred back to the Planning Com- mission for reconsideration. Mr. Rick Breezee, Building and Zoning Administrator, indicated that Mr. John Oliver's client, the developer of Deerfield Acres, has been aware of the City's ordinance and lot area size definition. Mr. Breezee indicated that the developer has sold lots that are actually not lots at this time because the final plat has not been accepted. COUNCILMEMBER DUITSMAN MOVED TO CONTINUE THE PUBLIC HEARING FOR A ZONING ORDINANCE AMENDMENT REGARDING LOT AREA DEFINITION AND TO REFER THE ISSUE BACK TO THE PLANNING COMMISS ION FOR THEIR RECONSIDERATION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 9a. Zone Change Recommendation for Property South of Highway #10 and East of Waco Street - Public Heating The City Administrator indicated that'the Plannang Commission was requested to give consideration to rezoning a portion of an existing R-lb zone on the north side of west Highway #10 to a C-3 zone and based upon this review, the Planning Commission is recommending that the City.Council rezone two other parcels of property, both of which are Gurrently zoned C-3/Highway Commercial. The City Administrator indicated that the p~rcels the Planning Commission is recommending for rezoning are located on the south side of west Highway #10 and immediately east and west of Waco Street. The I City Administrator indicated that:the Planning Commission is recommending that the propeJ:"ty o~ the east side of Waco Street be rezoned from C~3/Highway Commercial to the classiEication of C-2/General Business. The City Administrator indicated that the Planni~g Commission's recommendation is based on the fact that this area should be reserved specifically for professional offices, restaurants and other support services associated with the County Courthouse complex. The City Administrator in- dicated that the Planning Commissioners did not feel the area was appropriate for truck terminals, gas stations or new or used car' lots. Mayor Hinkle opened the public hearing. Mr. Tom Wilson indicated that:he did not have a problem with the recommended change. Mr. Wilson further indicated that he did feel a convenience store in the area could provide a service to the people and the recommended zone change would not allow for a convenience store. Councilmember Schuldt suggested that the area east of the Courthouse zoned PUD could potentially contain a convenience store. Mr. Darrell Ward, Planning Commissioner, indicated that the Planning Commission ex- pressed their concern of the possibility of a used car lot in the area. Mr. Ward fUJ:"ther indicated that the Planning Commission felt that there was enough C-3 zoning within the City. City Council Minutes September 19, 1983 Page Nine Mr. Rich Kincannon questioned the possibility of spot zoning in the reverse for the recommended zone change. Mr. Kincannon further expressed his concern of being re- zoned right out of farming. Councilmember Gunkel indicated that she felt a function of the Planning Commission was to consider future planning which she believed the Planning Commission is doing in their recommendation for the zone change. Councilmember Duitsman indicated that he had some concern with the recommended zone change as it would eliminate convenience stores and he felt the zone change should include the possibility of a convenience store. Councilmember Duitsman further sug- gested that the Planning Commission consider the zone change to a C-4 zone which would allow convenience stores. COUNCILMEMBER ENGSTROM MOVED TO DENY THE ZONE CHANGE RECOMMENDATION FOR THE PROPERTY SOUTH OF HIGHWAY #10, EAST OF WACO STREET, FROM A C j ZONE ~u A C 2 ~UN~. cuuNCIL MEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4 O. COUNCILMEMBER DUITSMAN MOVED TO REFER TO THE PLANNING COMMISSION A ZONE CHANGE RECOM- MENDATION FOR THE PROPERTY SOUTH OF HIGHWAY #10 AND EAST OF WACO STREET FROM A C-3 ZONE TO A C-4 ZONE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9b. Zone Change Recommendation for Property South of Highway #10 and West of Waco Street - Public Hearing The City Administrator indicated that the Planning Commission felt that the commercial zone in this particular location was inappropriate and should be returned to its or- iginal designation of R~lb/Single Family Residential. The City Administrator indi- cated that the Planning Commission felt that the property was initially changed to C-3 for a specific business interest which never materialized and therefore, should be returned to its original designation of R-lb. The City Administrator indicated that the staff and City Planner agree with the Planning Commission's recommendation and therefore, recommend that the City Council change the zone classification. Mr. Lloyd Anderson indicated that at the time of his request for the zone change to C-3, he had a customer interested in the property and because it took so long for the City Council to make the zone change, the customer became discouraged and bought property elsewhere. Mr. Lloyd Anderson indicated that he believed that there were a number of reasons why the property should remain C-3. Mr. Anderson indicated that the property is on a dead-end street and that it is a corner lot with 600 feet of highway exposure. Mr. Lloyd Anderson indicated that if the City should rezone it to residential, the value of the property would be greatly reduced. Mayor Hinkle indicated that he questioned the ~!'\zoning in the first place. Mr. Ander... son indicated that he has sold a portion of the property to Mr. Don Johnson and Rich Kincannon as commercial property. Mr. Anderson indicated that they have been approached by a truck terminal business and a used car lot business, but turned them down as they did not feel it was a good use of the property. Further discussion was carried on regarding the total area and the recommended zone change. Mayor Hinkle suggested the City Council request the Planning Commission to consider aC-4 zone for the specific area. COUNCILMEMBER DUITSMAN MOVED TO DENY THE ZONE CHANGE RECOMMENDATION FOR THE PROPERTY SOUTH OF HIGHWAY 1110 AND WEST OF WACO STREET FROM A C-3 ZONE TO AN R-1B ZONE. COUN- CILMEMBER GUNKEL SECONDED. THE MOTION. THE MOTION PASSED 4-0. City Council Minutes September 19, 1983 Page Ten COUNCILMEMBER ENGSTROM MOVED TO REQUEST THE PLANNING COMMISSION TO REVIEW AND CON- SIDER A C-4 ZONE FOR THE PROPERTY SOUTH OF HIGHWAY fIlO AND WEST OF WACO STREET. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Planning Commission's Recommendation Regarding Commercial Foning on the North Side ~ of Westerly Highway #10 The City Administrator indicated that the City Council recently considered a zone change request for property owned by Mr. Britt in the western portion of the City adjacent to Highway #10 on the north side. The City Administrator indicated that the zone change requested is from its current residential classification to a C-3/Highway Commercial classification. The City Administrator indicated that the City Council denied the zone change request by Mr. Baumgartner and Mr. Britt, but did at that time, ask the Planning Commission to review the possibility of a larger commercial area on the north side of Highway fIlO. The City iAdministrator indicated that the Planning Commission considered the recommendation lof the City Council to review a larger area and it was the consensus of the Planning ICommission that no zone change be recommended. Mr. Don Britt expressed his opposition to the Planning Commission's recommendation. Mr. Britt indicated that the City of Elk River gave Custom Motor's a conditional use per'" mit to operate his junkyard business, a commercial business. Mr. Britt indicated that he purchased the property when it was zoned commercial and by the City rezoning it to residential he has lost $30,000 in value. Mr. Britt indicated that there are many people in his area that are ~doing commercial business. Discussion was carried on regarding the neighboring property owner$ and the fact that they may be operating com- mercial busines es. Councilmember S huldt indicated that the City would create more nonconforming uses in the area should the property be rezoned from residential to C-3/Highway Commercial. Discussion was tial to C-3. T of Mr. Britt's R-lb zone. Dis side of Highway efit R"'-lb/Singl arried on regarding a defined area that could be rezoned from residen- e City Administrator indicated that the Planning Commission was aware roperty and still made the recommendation to leave the zoning as a' ussion was also carried on regarding the service drive along the north #10. Councilmember Schuldt indicated that a service drive would ben- Family zoning as well as Commercial zoning. COUNCILMEMBER DUITSMAN MOVED TO REQUEST THAT THE ZONE CHANGE ISSUE FOR THE BRITT PROPERTY BE PLACED ON THE CITY COUNCIL AGENDA FOR CONSIDERATION TO BE REFERRED TO THE PLANNING COMMISSION. COUNCILMEMBERENGSTROM SECONDED THE MOTION. THE MOTION FAILED 2-3. COUNCILMEMBER GUNKEL, COUNCILMEMBER SCHULDT AND MAYOR HINKLE OPPOSED. 11. Zoning Ordinance Amendment Regarding R-2 Principal Uses - Public Hearing The City Administrator indicated that in the City's zoning ordinance, there is a wide discrepancy in the number of units permitted between an R-2 and an R-3 zone, and that the City staff felt that it would be appropriate to allow some additional type of structure beyond a two-family dwelling in an R-2 zone and also to create a limit of density units for the R-2 zone that provides for a gradual transition from the R-l zone to the R-3 zone. The City Administrator indicated that the Planning Commission considered a set of changes to the City's zoning ordinance that would create an R-2a and R-2b zone. The City Administrator indicated that the R-2a zone would essentially be the same as the City's existing R-2 zone and the R-2b zone would permit not only two family dwellings, but also townhous.es that would not contain more City Council Minutes Septemoer 19, 1983 Page Eleven than four units per structure and four p~exes. The City Administrator indicated that the R-2b zone would permit up to eight density units per acre. The City Ad- ministrator further indicated that the City Council must then consider the City's zoning map and which areas of the R-2 zone would be reclassified to R-2a and R~2b zones. Discussion was carried on regarding the land use map in connection' with the City's zoning map and the recommended R-2 zone qhanges. COUNCILMEMBER DUITSMAN MOVED TO APPROVE ZONING ORDINANCE AMENDMENT 83-11, AN AMEND- MENT REGARDING THE R-2 PRINCIPAL USES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER DUITSMAN MOVED TO DESIGNATE ALL R~2 ZONES IN THE CITY OF ELK RIVER AS R-2A ZONES. COUNCILMEMBER SCHULDT SECON:QED THE MOTU.;lN. THE MOTION PASSED 4-0. I 12. 2l1th Avenue Road Improvements The City Administrator indicated that at the public hearing on the 2llth road improve- ments feasibility report, an option was discussed which would involve the City of Elk River using its own personnel and equip~ent to construct the private portion of 21lth Avenue and assessing those costs to the benefitted proper~y. The City Administrator indicated that the City's Street Superintendent has determined that the costs for equipment, labor and materials would be approximately $10,800 to construct a 24-foot wide gravel surface which, assessed against the five benefitted properties,woialdre-' suIt in an assessment of approximately $2,160. The City Administrator indicated that the Street Superintendent's construction estimate presumes that it is not necessary to haul in additional dirt to create the 24-foot width road surface. The City Admin- istrator indicated that one of the residents of 2llth Avenue indicated that he would be willing to donate one or more trucks and drivers for the City's use in construct- ing the roadway portion. The City Administrator indicated that the City Council must specifically approve a gravel surface and the 24-foot width, as brith the width and the surface are not in the City's prevailing standards for new roads within the City of Elk River. The City Administrator further indicated that the City Council must also resolve the method of assessment and the length of term of assessment, should the project proceed. The City Administrator indicated that it is recommended that the City Council, prior to proceeding with the project, obtain 100 percent petition from the affected property owners, as well as an agreement with each of the owners that they will waive any green acre rights, insofar as the special assessment improvement is concerned. The City Administrator further indicated that the City Council must decide if City personnel should do the construction work. Mr. Ron Beck, a resident on 211th Avenue, indicated that he was very much in favor of the construction of the road, as it is badly needed. COUNCILMEMBER ENGSTROM MOVED TO ACCEPT A 24-FOOT GRAVEL SURFACE FOR THE CONSTRUCTION OF 211TH AVENUE. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-1- COUNCILMEMBER GUNKEL OPPOSED. City Council Minutes September 19~ 1983 Page Twelve Discussion was carried on regarding the use oe City personnel for the construction of 2llth. Councilmember Gunkel indicated that she felt the Street Department personnel was busy with maintainng other streets within the City of Elk River and that the people on 2llth would receive preferential treatment. The City Administrator indicated that the City crews would not normally do this type of work, but because it is a relatively short distance, the City could fill in with the project along with the other street maintenance work. Further discussion was carried on regarding the use of the City's equipment for construction of a street. Mr. Phil Hals, Street Superintendent, indicated that the rates he used in the esti- mate did take into consideration use of equipment and depreciation costs. COUNCILMEMBER ENGSTROM MOVED TO AUTHORIZE THE STAFF TO GATHER INFORMATION REGARDING THE WAIVING OF THE GREEN ACRE RIGHTS, EASEMENTS, AND THE 100 PERCENT PETITION FOR THE CONSTRUCTION OF 211TH AVENUE. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER GUNKEL OPPOSED. COUNCILMEMBER SCHULDT ABSTAINED. Councilmember Schuldt indicated that he did have a problem with the work being done by the City staff. Further discussion was carried on regarding the upgrading of sub- standa~d roads within the City of Elk River. 13. Gospodar Preliminary Plat The City Administrator indicated that Mr. Gospodar is requesting preliminary plat approval for a plat titled "Gospodar Orono Lake Addition". The City Administrator indicated that originally Mr. Gospodar had proposed to subdivide the approximately 43.37 acres into five lots for sale or ultimate development as residential property, with each of the five lots having an outlot access to Orono Lake and providing for a 4.4 acre park dedication to the City and an approximately 14 acre parcel of prop- erty for sale to the County. The City Administrator indicated that the City staff had informed Mr. Gospodar that the City would very much like to acquire Outlot A as part of the City's park dedication for expansion of Orono Park in addition toapprox- imately 11 acres of property for creation of a softball field complex. The City Ad- ministrator indicated that the new proposed plat incorporated the above-mentioned requested land purchases. The City Administrator indicated that at this point, Mr. Gospodar is willing to negotiate with the City so that the City can acquire its 4.4 acres of required park dedication. The City Administrator further indicated that Mr. Frank Madsen, Chairman of the Sherburne County Board of Commissioners, has indicated that the County would consider acquisition of approximately 7.5 acres of property owned by the City and now currently uses as a ballfield to be added to the existing fairground site. The City Administrator indicated that it is proposed that the money generated by the sale of the 7.5 acres to the County would be used to acquire the additional acreage needed by the City to complete the four-ballfield complex. The City Administrator indicated that in reviewing the remainder of the preliminary plat, the staff finds that the lots are of adequate size and the site proposes no partic- ular problem for development. Councilmember Gunkel questioned the preliminary plat with regard to the ordinance re- quirements. Councilmember Gunkel indicated that it appeared that the exchange of property was an important partof the preliminary plat. The City Administrator in- dicated that it would make sense to know what was happening with the land transfer before preliminary plat approval. City Council Minutes September 19, 1983 Page Thirteen Mr. Grady Boeck, representing the Gospodar's, indicated that the plat was a very simple plat without any roads and that the parcels were divided into five-acre parcels rather than one-acre parcels. The City Administrator indicated that the proposed preliminary plat is not the final plat but is presented within the City's guidelines. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE CONCEPT OF THE GOSPODAR PRELIMINARY PLAT. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Councilmembe Minnesota wa with an IBM weakness in Councilmembe strator from very happpy Discussion w and hardware cated that h better sup po further indi for the City isition and Bid Award Duitsman indicated that Wright County had indicated that the State of doing development work to make the law enforcement system compatible ardware system. Councilmember Duitsman indicated that he did see a CSI with regard to the fact that they did not have a complte system. Duitsman further indicated that he had talked with the City Admini- Fairbault, Mr. Robert Yocum, and Mr. Yocum indicated that they were with their IBM system and the software provided by Owatonna. s carried on regarding Computoservice, Inc., and Texas Instrument software versus CCSI and IBM hardware and software. Councilmember Duitsman indi- was impressed with IBM and felt that IBM would be able to provide t for the long-term than Texas Instruments. Councilmember Duitsman ated that he felt that CCSI and IBM have system applications available of Elk River's needs for the next three years. Councilmembe Gunkel indicated that she felt CSI had a more integrated system as all of the a plication software had been designed by CSI. Councilmember Gunkel in- dicated that the City Council should also consider the human element in the decision of a compute hardware and software system. Councilmember Gunkel further indicated that there m st be communication between the people working with the system from the City of lk River and the people designing the system. Councilmember Gunkel in- dicated that she felt CSI could better meet the human element requirements. Discus- sion was carried on regarding the implimentatiLon of the software system as proposed by CSI and Texas Instruments. Mayor Hinkle complimented Councilmembers Duitsman and Gunkel on their participation on the computer acquisition committee and their research into the system that would best serve the City of Elk River. Councilmember Duitsman indicated that he felt that down the road, IBM is the hardware system to have, and further indicated that he did not see a commitment problem with CCSI. Councilmember Schuldt indicated that computer acquisition was not his expertise and therefore, he felt he would have to rely on the consultants recommendation. Council- member Schuldt indicated that Curry and Associates had recommended CSI and Texas In- struments for the City of Elk River in their analysis of the City of Elk River's needs. COUNCILMEMBER GUNKEL MOVED TO AWARD THE COMPUTER HARDWARE AND SOFTWARE CONTRACT TO COMPUTOSERVICE, INC. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMEMBER DUITSMAN AND COUNCILMEMBER ENGSTROM OPPOSED. City Council Minutes September 19~ 1983 Page Fourteen Discussion was carried on regarding the various applications and scheduling for the computer installation. Councilmember Gunkel questioned the possibility of getting application systems with the latest enhancements or would the City of Elk River receive the current system even though installation would not be completed until 1984. Councilmember Duitsman indicated that he felt the City should not consider doing the Utility Billing for the Elk River Utilities at this time. Councilmember Gunkel indicated that she felt that the City of Elk River should purchase the applications as proposed in the bid from CSI - that is~ the financial applications consisting of general ledger~ accounts payable and accounts receivable and special assessments. Further discussion was carried on regarding the implimentation of the word proces- sing systems as well. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE PURCHASE OF THE FINANCIAL SYSTEMS AP- PLICATION INCLUDING BUDGET~ ACCOUNTS PAYABLE~ AND ACCOUNTS RECEIVABLE SCHEDULED FOR JANUARY AND FEBRUARY 1984 IMPLIMENTATION, THE WORD PROCESSING SYSTEM SCHEDULED FOR IMPLIMENTATION MARCH 1984 AND THE SPECIAL ASSESSMENT/ADDRESS FILE SCHEDULED FOR IM- PLIMENTATIONAPRIL 1984. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. " 15. School Street Project - Final Payment and Project Acceptance The City Administrator indicated that Mr. Terry Maurer of Consulting Engineers Di- versified has recommended final payment and acceptance of the School Street Improve- ment Project. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE FINAL PAYMENT TO BAURELY BROTHERS FOR THE SCHOOL STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $50,857.11. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. \ 16. Pay Estimate #1 for Gates Avenue Improvement Project The City Administrator indicated that the City's engineers have reviewed the pay estimate and found the work. to be in order and recommended the City to authorize pay estimate #1 to Barbarossa and Sons for the Gates Avenue Improvement Project. COUNCILMEMBER GUNKEL. MOVED TO AUTHORIZE THE PAYMENT OF PAY ESTIMATE III TO BARBAROSSA AND SONS FOR THE GATES AVENUE IMPROVEMENT PROJECT IN THE AMOUNT OF $54,661.10. COUNCILMEMB~R SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Administrator's Update A. Gates Avenue Improvement Project The City Administrator indicated that all of the easements and petitions have been obtained from the developers in the planned unit development. The City Administrator further indicated that once the decision has been made regarding the ponding area, the contractor's will get in there to start digging the pond. The City Council Minutes September 19, 1983 Page Fifteen The City Administrator indicated that an elm tree in the City's right-of-way in front of Mrs. Pipenhagen's home, has been taken down. The City Administrator in- dicated that Mrs. Pipenhagen wants the tree replaced. Discussion was carried on regarding the replacement of the tree and the cost for replacing the tree. It was the consensus of the City Council that the City of Elk River would pay Mrs. Pipenhagen $50 for the replacement of the tree. B. Lion's Park The City Administrator indicated that considerable amount of information has been gathered regarding the soils in the peat bog area and based upon: that in- formation gathered from Braun Engineering and Phil Ha1s' soil investigation, in order to fully utilize the park, the City would have to do some significant de- velopment work. The City Administrator indicated that the soils engineer has recommended that the City place a two-foot cap of granular materials over all of the existing peat bog area. The City Administrator indicated that the two- foot layer is necessary to support any type of structure such as pathways, park- ing, play area, or any other facilities. The City Administrator indicated that approximately 20 acres would have to be covered with a two-foot layer and this cost would range from $100,000 to $200,000 or even greater. The City Admini- strator indicated that with the high cost of development, the acquisition price originally discussed for the park of $140,000 is not feasible at this time for park development. The City Administrator indicated that Mr. Clem Darkenwa1d and Mr. Bud Houlton are disturbed with the information the City has provided them regarding soil tests and development costs, and have suggested that they meet with Counci1member DUitsman, Mayor Hinkle, and members of the Lions Club to discuss some changes in he proposed park. The City Administrator indicated that he felt the deve10p- men costs, with the acquisition price proposed for the property, is just not fea ib1e. Mr. Harold Gramstad, representative of the Elk River Lion's Club, indicated that the Lions's Club would consider a different configuration of the park, as the Lion's Club is very interested in the peat bog area as a park. Mr. Gramstad further indicated that if the development costs would be as high as proposed, the Lion's Club would realize that a park in the bog area may not be feasible and would consider locating a park elsewhere within the City of Elk River. Discussion was carried on regarding the two-foot cap recommendation from the soils engineer and the cost of placing that two-foot cap. Councilmember Gunkel indi- cated that the City would have to evaluate the merits of a park in that specific area. Discussion was also carried on regarding the Lawcon Grant, as the applic- cation was submitted for the peat bog site as a park. The City Administrator indicated that he would have to see iithe grant was speci- fically for the purchase of that particular site or if the grant could be used for the purchase of another site. The City Administrator indicated that the contract- or's are anxious to start digging the pond area; therefore, some decisions should be made very soon. C. Ordinance Regulating Discharge of Firearms on the Mississippi River This item was postponed to the next City Council Agenda. City Council September 19, 1983 Page Sixteen D. Consider Replacement of Street Department Pickup Truck The City Administrator indicated that Phil Hals, the Street Superintendent, has found a '79 Ford F150 Four-Wheel Drive pickup truck for sale with approximately 49,000 miles. The City Administrator indicated that the truck is in excellent running condition and that the owner is asking $4,600 which isappJ:lttximately $1 ;ZOOlessthanQn at1sed cat lot. ! I COUNICLMEMBER DUITSMAN MOVED to APPROVE THE PURCHASE OF THE 1979 FORD F150 FOUR- WHEEL DRIVE FORD PICKUP TRUCK IN THE AMOUNT OF $4,600. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. E. Rental of Downstairs City Hall The City Administrator indicated that Northern Natural Gas has approached the City to rent the downstairs area for approximately two months to be used as a construction office. COUNCILMEMBER SCHULDT MOVED T0 AUTHORIZE THE RENTAL OF THE DOWNSTAIRS CITY HALL TO NORTHERN NATURAL GAS FOR APPR0XIMATELY TWO MONTHS. COUNCILMEMBER DUITSMAN SEC- ONDED THE MOTION. THE MOTIONiPASSED 4-0. 18. Check Regi,ster: COUNCILMEMBER GUNKEL MOVED TO APRROVE THE SEPTEMBER 19, 1983 CHECK REGISTER. COUNCIL- MEMBER SCHULDT SECONDED THE MOTIO~. THE MOTION PASSED 4-0. 19. Adjourn There being no further business, €OUNCILMEMBER SCHULDT MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, ~:=h~~~ Deputy City Clerk/Treasurer PB:dk/cl