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11-07-1983 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY NOVEMBER 7, 1983 Members Present: Mayor Hinkle, Councilmembers Engstrom, Schuldt and Gunkel. Members Absent: None Councilmember Duitsman arrived at 8:00 p.m. 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 9~ - the Old 101 Bridge, and Item 12~ - Request of Beautification Committee were added to the November 7, 1983 Council agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE NOVEMBER 7, 1983 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 3 . Minu tes COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE MINUTES OF THE OCTOBER 17, 1983 CITY COUNCIL MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE OCTOBER 24, 1983 CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. Issuance and Sale of 1983 G.O. Equipment Certificates The City Administrator indicated that Resolution 83-21 is a resolution authorizing the issuance awarding the sale and levying the taxes for payment of $132,500 general obligation equipment certificates. The City Administrator indicated that the sale was negotiated with the Bank of Elk River at an 8\ percent interest rate with the sale actually consisting of two certificates: one in the denomination of $20,000 providing for payment of the entire principal and interest on December 15th and one in the amount of $112,500 providing for installments of principal and interest payable semi-annually, commencing June 15, 1984. COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 83-21, A RESOLUTION AUTHORIZINQ THE ISSUANCE, AWARDING I!'HE SALE AND THE LEVYING OF TAXES FOR PAYMENT OF.<$132,SOO GENERAL OBLIGATION EQUIPMENT CERTIFICATES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Resolution 83-19 and Resolution 83-20, regarding the 1983 Water Improvement Project The City Administrator indicated that Resolution 83-19 is a resolution calling for an improvement and assessment hearing .on the water improvement project and that Resolution 83-20 is a resolution authorizing the sale of $165,000 in general obligation improvement bonds to finance the water improvement and also to authorize the sale to be negotiated, rather than bid on the open market. The City Administrator City Council Minutes Novembe~ 7, 1983 :Page Two indicated that the water improvements are in conjunction with the Gates Avenue storm sewer and street improvement project and that portion in the Planned Unit Development is the only portion that will be assessed. The City Administrator further indicated that State Statute limits the negotiated sale of improvement bonds to $300,000 and further indicated that a negotiated sale costs less in bond sale costs. COUNCILMEMBER ENGSTROM MOVED TO ADOPT RESOLUTION 83-19., A RESOLUTION CALLING FOR AN IMPROVEMENT HEARING AND ASSESSMENT HEARING ON NOVEMBER 28, 1983, FOR THE GATES AVENUE WATER IMPROVEMENT PROJECT FOR 1983. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 83-20, A RESOLUTION AUTHORIZING THE NEGOTIATION OF $165,000 GENERAL OBLIGATION IMPROVEMENT BONDS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Krocak Request for Street Easement Vacation - Public Hearing The City AdminJstrator indicated that Mr. and Mrs. David Krocak of 18273 Denver Street, have rJquested that a portion of Denver Street easement in the Orono Lake 3rd Addition b~ vacated. The City Administrator indicated that the Krocak request is based upon ~he fact that the road easement is not now used and they do not wish to see it used lin the near future. Mayor Hinkle opened the public hearing. No one appeared for or against the street vacation request. I Councilmember ~chuldt indicated that he could understand the Krocak's request for an easemen~ vacation but further indicated that he felt the need for that street may be ~esirable in the future, due to the shortage of cross streets in the City at th present time, and the indefinite plans for the Gospodar property. Councilmember ,chuldt indicated that even though there are no current plans for the use of the Istreet he was not in favor of the street vacation. Councilmember Gunkel indicated that as the plans 'for the Gospodarproperty are incomplete, it Imay be necessary to have the continuation of Denver Street and therefore, she Iwas not in favor of the street vacation. The City Admin~strator indicated that the Krocak~hare concerned of a through- street next to I their property. Discussion was carried on regarding the Orono I Lake 3rd Addit~on Plat and the lots adjoining the street easement. Councilmember Schuldt indicatted that Fresno Street also has a street easement and further I indicated that Ihe felt thocthe easement would be vacated sooner than the Denver easement, as the extension of Fresno Street would run directly into the Fair- ground property. Councilmember Engstrom indicated that he felt the street ease- ment should remain until such time as the Gospodar property is developed and then the City Council could determine the need of a through'i:::stteetr.;:., COUNCILMEMBER SCHULDT MOVED TO DENY THE DElNER STREET VACATION REQUEST BY MR. AND MRS. DAVID 'KROCAK IN THE ORONO LAKE 3RD ADDITION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Mixer Request for Street Easement Vacation - Public Hearing The City Administrator indicated that Mr. and Mrs. Todd Mixer of 2383 Long Ave. City Council Minutes November 7, 1983 Page rhree St. Paul, have requested that the City vacate all street easements in a 40 acre parcel of property formerly owned by Christian Realty and known as Davis Woods. The City Administrator further indicated that the planning activities of Davis Woods proceeded to the point that street right-of-ways were dedicated to the City. The City Administrator indicated that the right-of-ways dedicated were not satisfactory to the City and that the developer was notified of the changes as requested by the City. The City Administrator indicated that as a result there remains on the 40 acre parcel a significant amount of dedicated right-of- way that is not in the appropriate place, as far as the City is concerned, and therefore serves no practical purpose for the City. The City Administrator indicated that the City staff is suggesting that the City Council retain a small portion of right-of-way in the extreme northeasterly corner of the plat so that access to the 40 acre parcel adjacent to the Mixer property can be guaranteed in the event future subdivision of the adjoining parcel is pursued. The City Administrator further indicated that it is recom- mended that the City Council request that the Mixer's enter into a private road agreement with the City of Elk River so that the road maintenance and access from the Hobbitt Hills Subdivision to their property is provided for. Mayor Hinkle opened the public hearing. Mr. Todd Mixer indicated that he believed it was in the best interest of the City to vacate the right-of-way easements in the 40 acre parcel and further indicated that he would enter into a private road agreement with the City. Roberta Beauchaine, resident in what is known as the Peterson Addition, indicated that the right-of-way through the 40 acre Mixer property is the only access to the north from the Peterson Addition. Mr. Bill Beauchaine indicated that the only way the residents in the Peterson Addition can get out of their Subdivision is across the railroad tracks, and should there be a derailment or an emergency, the people in the Peterson addition would have no other way out of the area. The City Administrator indicated that he understood Mr. and Mrs. Beauchaine's concern and further indicated that the Mixer's would not maintain their right- of-way and therefore, within a short time the road would be impassable anyway. Discussion was carried on regarding alternate routes along the railroad tracks should an emergency occur. Mayor Hinkel closed the public hearing. Councilmember Gunkel expressed her concern of a private road agreement. Further discussion was carried on regarding the maintenance of the 100 foot easement, the private road agreement, and the plowing of 200th Avenue. ADOPT RESOLUTION 83-25, A RESOLUTION COUNCILMEMBER DUITSMAN MOVED ToAAUTHORrzING~THEVACATION OF ALL STREET EASEMENTS INA40 ACRE PARCEL OF PROPERTY NORTH OF THE PETERSON ADDITION OWNED BY MR. AND MRS. TODD MIXER; EXCEPT FOR 100 FEET IN THE EXTREME NORTHEASTERLY CORNER OF THE PLAT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Dietz Administrative Subdivision Request/Public Hearing The City Administrator indicated that Mr. George Dietz has requested an Admin- istrative Subdivision for an approximate 7 acre parcel of property south and City CQuncil Minutes November 7~ 1983 Page Four west of Elk Hills, north of the Barrington Place and east of Highway 169. The City Administrator indicated that Mr~ Dietz has requested to divide the approximate 7 acres into three parcels and further indicated that Mr. Dietz's request was prompted by the sale of his residence on Elk Hills Drive. The City Administrator indicated that Mr. Dietz has committed to the home buyer that the approximate 3.5 acres, known as parcel C would be included with the purchase of the residence property. The City Administnator indicated that Mr. Dietz'a request for the subdivision of his property does satisfy the City's needs and ordinances and therefore, it is recommended that the City Council grant the Administrative Subdivision. Mayor Hinkle opened the public hearing. Mr. Jim Nielson, attorney for Mr., Dietz, gave the history of Mr. Dietz's ownership of this specific 7 acres of property and of his residence. Mr. Nielson indicated that Mr. Dietz's residential home is built 15 feet from the rear yard setback and that the septic system is actually on track C of the Administrative Subdivision. Mr. Earl Hetrick expressed his concerns of the splitting of the westerly portion of the total parcel. Mr. Hetrick indicated that he felt the split was made to allow commercial to move into the area. Councilmember Gunkel indicated that the use of the property would be another issue and that if commercial would be pro- posed, it would require a zone change. General discussion was.carried on regarding the proposed division of the property. Mr. Nielson indicated that the Subdivision of the property is necessary to pro- vide for a backyard for the residential property as the prospective buyer wants to build a swimming pool and actually wants more yard space. Councilmember Schuldt indicated that a zone change request is possible, but the City Council must deal with the issue at hand, that is that of a subdivision request. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. GEORGE DIETZ FOR AN APPROXIMATE 7 ACRES OF PROPERTY SOUTH AND WEST OF ELK HILLS, NORTH OF BARRINGTON PLACE AND EAST OF HIGHWAY 169. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 9~ The old 101 Bridge The City Administrator indicated that he had met with the Wright County Engineer and the State Bridge Inspector regarding the 101 bridge. The City Administrator indicated that it is recommended that the City Council authorize the closing of the 101 bridge immediately as the State has determined it to be unsafe. The City Administrator indicated that major sUR~ort beams have rusted away and many other support beams have actually rusted off. The City Administrator indicated that the Wright County Engineer arid the bridge Inspector indicated that the approach spans have deteriorated to the extent that a car coming ~p the approach span could cause the approach to drop and consequently throw a car into the river. Discussion was carried on regarding the City's Liability. The City Administrator indicated that it eould be a very serious liability as the City has been advised to close the bridge. The City Administrator further indicated thaL.the bridge closing is approximatley 2 months early, as January 17th has been set for the contract bid letting for the bridge replacement. City Council Minutes )-~Qv~mb~J;'" 7, 1.983 l'ageFive Councilmember Schuldt indicated that he could see no reason to wait for the closing of the bridge. COU~CILMEMBER SCHULDT MOVED TO AUTHORIZE THE CITY TO CLOSE THE CITY'S END OF THE BRIDGE AS SOON AS l'OSSIBLE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION l'ASSED 4-0. 10. l'urchase of squad cars for calendar year 1984 The City Administr~tor indicated that on October 24th, the City received bids for squad cars budgeted for calendar year 1984. The City Administrator further indicated that the City received bids from all the local automobile dealers, and the apparent low bidder is Elk River Ford at $10,674.09 per vehicle. The City Administrator indicated that the bidders also quoted prices for trade-in of the 1981 LeBaron and the 1982 Ford Crown Victoria. The City Administrator further indicated that in comparing the bids with the Hennepin CountYf.,COOp~ erative purchasing squad car bid, there is a difference of approximatley$100 between the Elk River Ford bid for the City and the low bidder on the Hennepin County Contract. The City Administrator indicated that City staff is suggesting that the City trade one vehicle, the 1981 LeBaron, and retain the 1982 Ford for use by the City's Building and Zoning Administrator. The City Administrator further indicated that the City Staff suggests that the Building and Zoning AdministratoJ;"s pick-up truck be used for animal control and that the trade be made between the Police Department and the Building and Zoning Department. Further discussion was carried on regarding the trade of vehicles between the Building and Zoning Department and the Police Department, and the City budget regarding payment of the squad cars. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE THE AWARDING OF THE POLICE SQUAD CAR BID FOR TWO SQUAD CARS TO ELK RIVER FORD IN THE AMOU~T OF $10,674.09 EACH WITH A TRADE I~ OF THE 1981 LEBARON. COU~CILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION l'ASSED 4-0. 11. Easement Agreement for Old Highway 101 Bridge Replacement The City Administrator indicated that the City Staff and City Engineer have been negotiating an acquistion of an easement with Mr. Al Nadeau for reconstruction of the old Highway #101 Bridge. The City Administrator indicated that the easement is necessary so that the City may trespass on Mr. Nadeau's property during construction, and also provide for some sloping and rip-rap at the projects completion. The City Administrator further indicated that Mr. Nadeau has ex- pressed some concern that in return for the easement Mr. Nadeau receive some assurance, that upon completion of the project he would be able to obtain access right-of-way, which covers most of his parking lot and a ,small corner of his existing building. The City Administrator indicated that the agreement between the City of Elk River and Mr. Nadeau addresses Mr. Nadeau's concerns regarding the right-of-way that his parking lot is on, and that a small corner of his exist- ing building is on in return for the easement required by the City. The City Administrator indicated that the agreement is not specific as to how much right- of-way will be released as the City does not know at this time exactly how much can be released. The City Administrator indicated that Mr. Al ~adeau has reviewed the agreement and has agreed to the proposed agreement. City CQuncil Minutes Novem.ber 7, 1983 Pa.ge. Six COUNCILMEMBER GUNKEL MOVED TO APPROVE THE AGREEMENT AND AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ELK RIVER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Public Works Association Conference The City Administrator indicated that Mr. Phil Hals, Street Superintendent, has requested permission to attend the 1983 Minnesota Public Works Assciation Fall Conference at the Sheraton Inn Northwest, Brooklyn Park. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE ATTENDANCE OF MR. PHIL HALS AT THE MINNESOTA PUBLIC WORKS ASSOCIATION FALL CONFERENCE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12~ Beautification Committee Councilmember Gunkel indicated that she had been approached by one of the Beauti- fication Committee members regarding some old junk cars and a bus on property at the corner of 7th and Jackson. The City Administrator indicated that Mr. Rick Breezee, Building and Zoning Administrator, is aware of the problem at the corner of 7th and Jackson, and has contacted{ the owners to get rid of themvehioles immediately. 13. Administrator's Update A. Gates Avenue Improvement Project The City Administrator indicated that approximately 360 public hearing notices have been mailed out for the assessment hearing scheduled for November 21st. The City Administrator indicated that the City has had some problems with private wells drying up and that two homes that he is aware of have obtained water service from their next door neighbors during the time the water table has dropped. The City Administrator indicated that it is projected that the water table will again rise when the dewattering wells has been turned off. The City Administrator indicated that the storm sewer pipe is in and that Gates Ave. and 5th Avenue are being prepared for blacktop. The City Administrator indicated that one layer of blacktop will be down in every area before winter and that the contractors would then be back in the spring to complete the project. Discussion was carried on regarding the public hearing scheduled for the watermain project. The City Administrator indicated that the Planned Unit Development is ~he only area assessed for the watermain. Further Discussion was carried on regarding the number of acres assessed in the storm sewer project. The City Administrator indicated that it is hoped that most of the problems regarding acreage can be corrected before the public hearing. B. Old Highway 101 Bridge Replacement The City Administrator indicated that he has discussed the concerns of the Wright County Engineers regarding the intersection of #101 and County Road 39 during the bridge replacement. The City Administrator indicated that the State is considering a three way stop, and also the possibility of a temp~ orary signal. The City Administrator indicated that the signal light is City Council Minutes Novern,ber 7, 1983 rage Seven warra.nted at the intersection of and therefore, Wright County has orary light. 01 and 39 but it is not a high priority, sked the City's help in paying for a temp- It was the consensus of the City ouncil that the City should not go beyond their own boundaries in the fundi g of a temporary stop light, and further expressed their feeling that it w s Wright County and the State's problem to work out. 14. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE NOVEMBER7, 1983 CHECK REGISTER. COUNCILMEMBER SCHULDT SECONDED THE MO ION. THE MOTION PASSED 4-0. 15. Tentative Agenda The City's 1984 budget, the revenue s aring public hearing, and the sewer hook-up assessment puplic hearing are items tentatively scheduled for the November 14th City Council meeting. THERE BEING NO FURTHER BUSINESS, COUN ILMEMBER DUITSMAN MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER SCHULDT ECONDED THE MOTION. THE MOTION PASSED 4-0. o2:tLSu;ated' .~ Phyllis Boedigheime~ Deputy City Clerk/Treasurer PB:vc