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10-17-1983 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY OCTOBER 17, 1983 Members Present: Mayor Hinkle, Counci1members 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 7~ Transient Merchant Ordinance and Item 15f Menkve1d court case were added to the October 17, 1983 City Council agenda. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE OCTOBER 17, 1983 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Counci1member Duitsman requested that the motion adopting Ordinance 83~13 on page two of the October 3rd minutes be clarified to include the amendments to the proposed ordinance as discussed. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE OCTOBER 3, 1983, CITY COUNCIL MEETING AS CORRECTED.. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 5. 189th, Troy, Pascal Street Improvement Project The City Administrator indicated that several months ago the City's Street Depart- ment began improving 189th, Troy and Pascal Street which included some gravel, widening and reshaping of 189th. The City Administrator indicated that several of the residents met with the City Council expressing concern regarding the improvements being proposed. The City Administrator indicated that the Street Department was requested to stop improve- ments until some research could be done regarding the legal status of the City's right-of-way. The City Administrator indicated that in discussing the matter with the City Attorney, the City Attorney indicated that the City's position was upheld both at the District Court and the Supreme Court. The City Administrator further indicated that the survey and the township road plat showing the specific location of the road was also upheld by the court and found to be in the correct location. The City Administrator indicated that the only real problem remaining is the improvement of the westerly portion of 189th. The City Administrator further indicated that this portion affects the Pomeroy and the Brandt residences only, with the Pomeroy's against the project and the Brandt's in favor of the project. City Council Minutes October 17, 1983 Page Two Mr. Phil Hals, Street Superintendent, indicated that the work on Troy Street is completed, except for the Class 5 and the grading on l89th has been done to Troy Street. Mr. Osc~ Ballfield indicated that the road is too far to the south by 40 feet. Mr. Ballfield indicated that the plat is right but the road is not in the right place as shown on the plat. The City Administrator indicated that the issue was resolved in court and the judge said that the road was placed properly. The City Administrator further indicated that he would confirm the surveying work that had been done by John Oliver regarding the road in the City right-of-way. The City Administrator indicated that the road has to be widened and improved for the City to do the plowing and grading. Mr. Dick Pomeroy indicated that their major concern was the loss of trees that are in the road right-of-way should the road have to be widened. Mr. Phil Hals, Street Superintendent indicated that on the north side of the road was a 12 to 14 foot bank with a 3 to 1 slope, and in order to cut down that bank to make the road wider, a retaining wall would have to be built. Mr. Brandt indicated that over time the road has become narrower due to weeds and trees that have grown up and further indicated that the Pomeroys have parked a tractor in the roadway and have also planted a garden in the road right-of-way. Discussion was carried on regarding the Brandt's use of their cabin at the end of l89th and the maintenance of the road in the past. Mr. Phil Hals indicated that the Street Department needs at least 16 feet of road- way to maintain the road and that would require some trees to be removed. Mr. Hals further indicated that it would cost about $2,500 in materials only, not including labor, to construct a retaining wall. Mr. Hals further indicated that at the present time, the road is about 11 feet at the narrowest and 12 to 13 feet at the widest. Mr. Hals indicated that at least one tree would have to be removed and it was possible that maybe the other one could be trimmed to allow the truck equipment to get in. Councilmember Duitsman indicated that he believed it was the City's responsibility to maintain the roads and further indicated that the Street Department should try to save as many trees as possible in their improvement of the roadway. Mr. Phil Hals indicated that he felt they could save some of the smaller trees but that the garden and the outhouse would have to be moved in order to construct a 16 foot roadway. Mr. Pomeroy indicated that the garden has been moved and that the outhouse is not in the way. Discussion was carried on regarding both the Pomeroy's and Brandt's outhouses on the City's right-of-way property. Mr. Brandt indicated that their outhouse would be moved from the road right-of-way. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE STREET DEPARTMENT TO IMPROVE THE WESTERLY PORTION OF l89TH TO A 16 FOOT WIDTH AND TO SAVE AS MANY TREES AS POSSIBLE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Zone Change request for Wilson property West Highway #lO/Public Hearing The City Administrator indicated that at the September 19th City Council meeting, City Council Minutes October 17, 1983 Page Three the City Council considered a zone change request originated by the City's Plan- ning Commission, for property owned by Mr. Tom Wilson. The City Administrator indicated that the Planning Commission's request was to rezone the property from a C-3 Highway Commercial to a C-2 zone. The City Administrator further indicated that the City Council recommended that the Planning Commission consider a C-4 zone classification. The City Administrator further indicated that the Planning Commission at their September 27, 1983 meeting, considered the City Council's request and unanimously agreed to recommend that the Wilson property be rezoned to a C-4 zoning classification. Mayor Hinkle opened the public hearing. No one appeared in opposition of the zone change request. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE A ZONE CHANGE FOR THE WILSON PROPERTY ON WEST HIGHWAY 10 FROM A C-3 HIGHWAY COMMERCIAL TO A C-4 ZONING CLASSIFICATION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Zone change request for the Johnson property West Highway #10/Pub1ic Hearing The City Administrator indicated that at the September 19th meeting of the City Council, the City Council considered a zone change request initiated by the Planning Commission for property owned by Mr. Don Johnson. The City Administrator indicated that the property is currently zoned C-3 Highway Commercial, and the Planning Com- mission has recommended that the property be changed to an R-1b Single Family Res- idential. The City Administrator indicated that the City Council requested that the issue be referred back to the Planning Commission for their consideration of a C-4 zone for this specific property. The City Administrator indicated that at the Planning Commission meeting of September 27th, the Planning Commission unan- imously voted to recommend that the City Council change the zoning classification from a C-3 Highway Commercial zone to a C-4 zone. Mayor Hinkle opened the public hearing. No one appeared in opposition of the zone change request. COUNCILMEMBER ENGSTROM MOVED TO AUTHORIZE A ZONE CHANGE FOR THE PROPERTY OWNED IN PART BY MR. DOUG JOHNSON LOCATED WEST OF WACO STREET AND SOUTH OF WEST HIGHWAY 10 FROM A C-3 ZONE TO A C-4 ZONE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 7~. Transient Merchant Ordinance The City Administrator indicated that the Transient Merchant Ordinance does have the exclusions of fresh vegetable and produce sold on a seasonal basis, personal household items sold at a garage or estate sale, and prepared foods sold for immediate consumption. The City Administrator indicated that the Retailers Association were supportive of the Ordinance. Discussion was carried on regarding the Ordinance, the fee, and who would have to be licensed. Counci1member Duitsman indicated that he felt it wa~ an ordinance the City should adopt and that it would be a way of beginning to control that type of activity within the City. The City Administrator indicated that the Ordinance would apply to door-to-door type sales, and further indicated that sales like tupperware or Mary Kay would not require a license as they were not door-to-door sales. Further discussion City Council Minutes October 17, 1983 Page Four was carried on regarding the types of sales that would be allowed and not allowed. The Girl Scouts, the County Fair, the Teachers Craft Show, and so forth were discussed. Further discussion was carried on regarding established route sales such as bread sales, Swans Ice Cream, and Cloverleaf Milk. It was the consensus that these types of sales would be excluded as they were appoint- ment-type sales. Councilmember Schuldt indicated that the intent of the Ordinance was to eliminate the nondesirables. Further discussion was carried on regarding licensing a place of business such as the County Fair or the Teachers Craft Show as one license holder. COUNCILMEMBER DUITSMAN MOVED TO ADOPT ORDINANCE 83-15 A TRANSIENT MERCHANT ORDIN- ANCE WITH A LANGUAGE AMENDMENT TO AtLOW AN ORGANIZATION SUCH AS THE COUNTY FAIR TO OBTAIN ONE LICENSE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO ESTABLISH THE TRANSIENT MERCHANT LICENSE FEE AT $50.00. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Ordinance 83-14 Establishing a minimum septic system requirement The City Administrator indicated that when the City Code was revised and adopted the provision in the previous ordinance that required a minimum of 600 sq. feet of drainfield and a lt200 gallon tank for any individual septic system was in- advertantly dropped from the code and only the reference to the WPC 40 standard was retained. The City Administrator indicated that in some cases the WPC 40 standard is inadequate given the type of soils in the City of Elk River. The City Administrator indicated that both the Sewer Superintendent and the Building Inspector have recommended that the City reinstitute the minimum provision of 600 square feet of drainfield and the 1,200 gallon tank. The City Administrator in- dicated that Ordinance 83-14 would make those changes as recommended by the City's Building Inspector and the Waste Water Treatment Plant Superintendent. Councilmember Engstrom questioned if a trench was considered the same as a pit for the minimum square footage. Mr. Rick Breezee, the City's Building Inspector in- dicated that the square footage would be the same but generally pits are not recommended and the trench type of drainfield is recommended. Councilmember Gunkel questioned the possibility of amending the Subdivision Ordinance Section 1008.14 to include the minimum square footage of drainfield and size of tank. The City Administrator indicated that an amendment to the Subdivision Ordinance would require a public hearing and the amendment to the proposed Sewer Ordinance would serve as a blanket over all of the City's ordinances regarding sewage systems. Councilmember Gunkel indicated that she felt it was a lack of consistency and further indicated that she felt there should be some reference in the Subdivision Ordinance as well. Discussion was carried on regarding various areas in the City that would require the minimum square footage of drainfield and the inspections required for septic systems. COUNCILMEMBER GUNKEL MOVED TO APPROVE ORDINANCE 83-14 AN ORDINANCE AMENDING THE CITY'S SEWER ORDINANCE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes October 17, 1983 Page Five 9. Building Fees and Policies Mr. Rick Breezee, Building and Zoning Administrator, explained the fee schedule that the City uses for Building Permit fees. Mr. Breezee indicated that the schedule is based on dollar valuation of improvement or construction. Mr. Breezee further indicated that he does use some judgement when determining what type of improvements would require a fee, especially when it comes to remodeling. Mr. Breezee further indicated that if an inspection is required, a minimum fee of $10.00 is collected with a .50 surcharge. Mr. Breezee indicated that there are times when an inspection is not needed, and further indicated that he does pro- vide as much information as possible to the homeowner. Councilmember Duitsman indicated that he was under the impression that a f~e would not be charged for a dollar valuation up to $1,000. Councilmember Duitsman further indicated that a local resident had a problem with a fee charged for a reroofing project. Mr. Rick Breezee indicated that a reroofing project is an important consideration because it is necessary to know how many layers of roof have been placed and whether any have been torn off, whether the rafters had begun to rot, and what the stress load would be. Mr. Breezee indicated that it was important to have this information for future homeowners. Councilmember Duitsman indicated that he felt it was the feeling of the City Council to allow people to maintain their homes without paying building permit fees. Mr. Breezee indicated that he felt the City should be compensated for the inspections that are being done. General discussion was carried on regarding the various types of remodeling that does require inspections and other types that can be done by a homeowner with the information provided from the City office. It was the general consensus of the City Council that the fee schedule should remain as is, and Mr. Breezee the Building and Zoning Administrator, should use his own discretion in determining the need of inspections, and what the fee should be for various remodeling types of jobs. 10. Alltool request for a sewer hook-up extension The City Administrator indicated that Mr. Brian Moran, president of Alltool Manufacturing has requested an extension of the deadline to hook up to the City's Sanitary Sewer system for his building located in the Industrial Park. The City Administrator indicated that Mr. Moran is making this request due to an expansion of his business through an addition to the building and additional equipment. The City Administrator indicated that inasmuch as the extension would enable Mr. Moran to expand his building and his business, it is recommended that the City Council grant an extension of the sewer hook-up to July 1, 1984. Mayor Hinkle indicated that he can appreciate what Mr. Moran is doing with his business and that it would be an added benefit to the City of Elk River, and further indicated that he felt the City Council should be very careful in the consideration of this type of an extension. Councilmember Gunkel indicated that she had some questions regarding the granting of an extension of the deadline for a sewer hook up to a business. The City Administrator indicated that in the State of Minnesota, businesses to not get any corporate benefits and it was his feeling that the City should do what it can to help a business within the City's tax base. City Council Minutes October 17, 1983 Page Six COUNCILMEMBER SCHULDT MOVED TO APPROVE AN EXTENSION OF THE DEADLINE FOR A SANITARY SEWER HOOKUP FOR ALLTOOL MANUFACTURING TO JUNE 1, 1984. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Guardi~n Angels Home Request for a Bingo License The City Administrator indicated that the Guardian Angels Home has requested a Bingo license for the first and third Tuesdays of each month, and further indicated that the Police Department and City Staff have reviewed the request and therefore recom- mended approval of the license. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE BINGO LICENSE FOR THE GUARDIAN ANGELS HOME. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Pay Estimate #2 for Gates Avenue Improvement Project Mr. Terry Maurer of Consulting Engineers Diversified indicated that the jacking under Jackson Street had been completed and that the contractors are beginning to build the pipe to the bog area for the storm sewer. Mr. Maurer further indicated that Class 5 shall be placed on Gates Avenue in the next few days, and that paving should be done in the next couple of weeks. COUNCILMEMBER DUITSMAN MOVED TO APPROVE PAY ESTIMATE /12 FOR THE GATES AVENUE IMPROVE- MENT PROJECT IN THE AMOUNT OF $266,240.35. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Flagpole Construction Expense The City Administrator indicated that Mr. Tony Jarmoluk of the City's Beautification Committee has indicated that he feels it is appropriate for the City of Elk River to pay the cost associated with the erection of the flagpole in the downtown park. The City Administrator indicated that according to the City's Beautification Committee, the erection of the flagpole in the downtown park was to be at no expense to the City. Mayor Hinkle indicated that he had a problem with the Beautification Committee sub- mitting a bill after the fact. Councilmember Engstrom indicated that he was discouraged, as it was his impression that all of the work of the erection of the flagpole was at no cost to the City. Council- member Engstrom indicated that he felt the City should know ahead of time of the expenses that might be incurred. Councilmember Schuldt indicated that if the City is to pay for a portion of the erection of the flagpole, the City Council must approve the design of the base before any construction is done. Further discussion was carried on regarding the cost of the flagpole erection. It was the consensus of the City Council that the Beautification Committee be informed of the City Council's concern over the expense of the flagpole erection to the City and that the Beautification Committee must make request in advance of any further expenditures. COUNCILMEMBER ENGSTROM MOVED TO AUTHORIZE PAYMENT TO B & S CRANE SERVICE FOR THE ERECTION OF THE FLAGPOLE. MAYOR HINKLE SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMEMBER SCHULDT AND COUNCILMEMBER GUNKEL OPPOSED. City Council Minutes October 17, 1983 Page Seven 14. Heavenly Hills Improvement Project Easement The City Administrator indicated that he has been negotiating with Mr. Joel Nystrom and his attorney for the past two weeks, for the easement required in the Heavenly Hills Addition. The City Administrator indicated that Mr. Nystrom had indicated that the previous owner of the property, Mr. Jake Jacobson, had told Mr. Nystrom that he had a deal with the City for $4,000 for the easement. The City Administrator further indicated that Mr. Nystrom did not like the City's offer of approximately $1,500 for the easement, and further indicated that he felt he should have $4,500. The City Administrator indicated that through the negotiations, it was indicated that perhaps Mr. Nystrom would settle for $2,750. The City Administrator further indicated that Mr. Nystrom's attorney came back with the figure of $2,875 for the easement. Mr. Terry Maurer, Engineer from Consulting Engineers Diversified, indicated that the contractors have moved out and are working in Zimmerman, and that there is a possibility that they will not get back to the project before next year. Mr. Maurer indicated that if the easement problem is settled, he would try to get the contractors back in to finish the dirt work and Class 5. Councilmember Engstrom indicated that he felt if the work could not be done before winter, the City might as well wait with the easement as well. Discussion was carried on regarding the condemnation process and the value of the land. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO PROCEED WITH CONDEMNATION FOR THE EASEMENT IN THE HEAVENLY HILLS ADDITION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER GUNKEL OPPOSED. 15. Administrator's Update A. Custom Motors The City Administrator indicated that the question of Custom Motors was raised and how the site should be treated in any rezoning being considered for the area. The City Administrator further indicated that a legal opinion from the City's attorney is'on file regarding the Custom Motor's situation, and the options the City may have. Councilmember Schuldt indicated that the City Council should consider what they want to see eventually happen in the area and should make some decisions based on that fact. Councilmember Duitsman suggested the City Council consider the Custom Motors area along with the rest of the area at their joint meeting with the Planning Commission. The City Administrator indicated that the City's ordinance allows five years for a junkyard non-conforming use. It was the con- sensus of the City Council to consider the Custom Motors situation at the joint meeting with the Planning Commission. B. Gates Avenue Improvement Project The City Administrator indicated that Mr. Gary Santwire has approached the City regarding the improvement of Third Street along with the Gates Avenue Improvement City Council Minutes October 17, 1983 Page Eight project. The City Administrator indicated that in the placement of the sanitary sewer line down Third Street, the plans show a cut in Third Street rather than the full replacement of Third Street, and Mr. Santwire has requested that the City Council consider the full replacement of Third Street. Mr. Terry Maurer of Consulting Engineers Diversified, indicated that to take out Third Street and replace the full width and. a bituminous berm, the additional work would be approximately $3,100. The City Administrator indicated that Mr. Santwire would pay $1,000 toward the cost and Mr. Lloyd Anderson would pay $1,000 toward the cost. Discussion was carried on regarding the width of Third Street. It was the consensus of the City Council that the width of Third Street should remain the same from Holt to Gates Avenue. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE CHANGE ORDER OF $3,100 TO IMPROVE THE FULL WIDTH OF THIRD STREET FROM HOLT TO GATES AVENUE, WITH $2,000 TO BE PAID BY MR. LLOYD ANDERSON AND MR. GARY SANTWIRE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. Terry Maurer indicated that in the replacement of the sanitary sewer lines along 6th Street between Irving and Jackson, it was suggested that he get a price for the replacement of the sewer line west to the alley and down the alley. Mr. Maurer indicated that the price received for that replacement of that sanitary sewer line was $33,400. Mr. Maurer indicated that the price was that high because the alley was only 12 feet wide and also that there would be a number of waivers of trespass needed to do the construction. Mr. Terry Maurer indicated that the problems in the sanitary sewer line are further upstream and that the problem could probably be solved by replacing the sanitary sewer line to the alley with stubs into the alley. Mr. Maurer indicated that this would in- volve approximately 200 feet and the price he received was $20.00 a foot. Councilmember Gunkel indicated that she felt it would make sense to replace that sanitary sewer line while the streets are being torn up for storm sewer line. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE A CHANGE ORDER NOT TO EXCEED $5,000 FOR THE PLACEMENT OF A SANITARY SEWER LINE IN THE STREET ON 6TH AVENUE TO THE ALLEY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. C. 101 Bridge Replacement The City Administrator indicated that the plans are at the State of Minnesota and all that is needed is the right-of-way certificate. The City Administrator further indicated that the 101 Bridge replacement is ranked #2 on the State's bridge construction list, and it is expected to be funded in the next fiscal cycle. The City Administrator indicated that the engineers do not expect any problems with the funding of the bridge replacement. The City Administrator further indicated that the alldcation of the funds have been delayed until January, and at that time they will give the go ahead for the project. The City Administrator further indicated that this delay will actually delay the completion of the bridge until 1985. D. Cable Television The City Administrator indicated that all of the cities have approved the RFP except Delano, and that Delano would be approving it at their council meeting City Council Minutes October 17, 1983 Page Nine scheduled October 17th. The City Administrator indicated that along with the RFP is a cover letter addressing the needs of the schools and that everyone seems to be happy with the request for proposal. E. Meeting Schedule The City Administrator reviewed the following meeting schedule with the City Council. October 18th, 7:30, City Hall - Joint Planning Commission and City Council Meeting. October 20th, 7:30, First National Bank- Capital Improvement Project Meeting. October 24th, 7:30, City Hall - Regular Monday City Council Meeting. October 27th, 7:00, City Hall - Budget Meeting. F. Menkveld Court Case The City Administrator indicated that Mr. Menkveld was found guilty and sentencing would take place October 31st. 16. Check Register COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE OCTOBER 17, 1983, CHECK REGISTER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Tentative Agenda The 1984 City budget is scheduled for the October 24th City Council meeting. There being no further business, COUNCILMEMBER ENGSTROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. oi;fE ~mitted: ~ Phyllis Boedighe~ Deputy City Clerk/Treasurer PB:dkk