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12-05-1983 CC MIN REGULAR WEEKLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY DECEMBER 5, 1983 Members Present: Mayor Hinkle, Councilmembers Duitsman, Schuldt and Gunkel. Councilmember Engstrom arrived at 8:00 p.m. Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item l2d - Other Administrative updates, was added to the December 5, 1983 City Council agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE DECEMBER 5, 1983 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 21, 1983 CITY COUNCIL MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. Purchase of Four-Wheel Drive Police Vehicle Mayor Hinkle indicated that the Police Department has requested that the City Council consider the purchase of a four-wheel drive vehicle in place of one of the 1984 Crown Victoria squad cars. Mayor Hinkle indicated that this request was made based upon the recent snow storms and the limited ability of the Police Department to get around the City. The City Administrator indicated that as a result of the concerns and discussions on the mobility of the Police Department in a snowstorm, Chief Zerwas prepared a list of specifications and obtained quotes from the three local car dealers for a four-wheel drive vehicle. The City Administrator indicated that the differ- ence in cost between the lowest priced four-wheel drive, which was a Ford Bronco, and the squad car purchased is $2,000. The City Administrator indicated that Chief Zerwas indicated that a number of counties have made use of four-wheel drive vehicles and found them to be very satisfactory. for emergency use as well as patrol use. Councilmember Duitsman indicated that the City of St. Paul request people with four-wheel drive units to come in during times of snow emergency to help with the snow removal and that they pay $15.00/hr. plus gas. Councilmember Duitsman fur- then indicated that he felt the purchase of a four-wheel drive vehicle would be of more benefit to the City than contracting in a time of need. City Council Minutes December 5, 1983 Page Two Mayor Hinkle indicated that he felt the purchase of a four-wheel drive vehicle for the Police Department would be worthwhile. Discussion was carried on regarding the life use of a four-wheel drive vehicle for the Police Department and the possibility of then transferring it to the Building and Zoning Department. Discussion was also carried on regarding the engine size, six cylinder versus eight cylinder, and which would better serve the Police Department. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE PURCHASE OF A FOUR-WHEEL DRIVE VEHICLE FROM ELK RIVER FORD IN PLACE OF ONE OF THE FORD CROWN VICTORIAS ORDERED, WITH A DIFFERENCE IN COST OF $2,000. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. New Highway Commercial Zone -Public Hearing Mayor Hinkle indicated that on Tuesday, October 18, 1983, members of the City Council and Planning Commission met jointly in a workshop to discuss the creation of a new zoning district for the easterly portion of Highway #10. Mayor Hinkle indicated that the City Council may adopt a new zoning ordinance with the principal uses and conditional.uses as stated in the City Administrator's memo dated Decem- ber 2, 1983, and then designate new zoning districts, or the City Council may want to consider establishing the new zoning districts before adopting the zoning ordinance. Mayor Hinkle indicated that the reason the City Council was expediting the creation of the new zone was for a particular person's use on Highway #10, but now since that use is not necessary, the City Council may take their time in considering the creation of the new zoning district and which areas would be in the new zoning district. Mayor Hinkle indicated that he felt the City Council and Planning Commission should meet again to determine what boundaries should be established for the new zoning district. Mayor Hinkle opened the public hearing. the creation of a new Highway Commercial the public hearing. No one appeared for or in opposition of zoning district. Mayor Hinkle closed Councilmember Duitsman indicated that he did not feel the issue was considered for one person in particular. Councilmember Duitsman further indicated that he was in favor of creating the new zoning district but had no problem with waiting for the adoption of the zoning ordinance amendment, until another discussion with the Planning Commission could be held to determine the new zoning district. Councilmember Gunkel indicated that she was in agreement with Councilmember Duitsman; the issue was not considered for one person specifically, ana, 'further indicated that she felt the City Council should follow through with the creation of the zoning district and then take time to decide the boundaries of the new zoning district. Discussion was carried on regarding the need for creating the new zoning district without the establishing of zoning boundaries fori the new zoning district. Councilmember Schuldt indicated that he felt it was a mistake to create the new zoning district. Councilmember Schuldt indicated that he felt the City Council should examine the whole area, and further indicated that he felt it did not City Council Minutes December 5, 1983 Page Three make sense to create a new zoning district and then to review it and rezone it again at a later date. Councilmember Schuldt indicated that he did not feel it was necessary to consider a new Highway Commercial zoning district for the high- way frontage along Highway #10. Councilmember Schuldt indicated that he felt the City Council should look at the whole area and not create a zone for a specific area. Councilmember Engstrom indicated that he felt there are only specific uses that can be allowed in an industrial park and that the City needs a place for other types of uses that are not strictly commercial. Councilmember Engstrom further indicated that currently there are certain businesses along Highway #10 that are nonconforming and therefore, could not rebuild or expand their business. Council- member Engstrom further indicated that there are certain uses that cannot go into the downtown area either. Mayor Hinkle indicated that everyone cannot afford to be in the downtown area and therefore, the City Council should consider a new commercial zoning district for the Highway Commercial. Councilmember Gunkel indicated that she liked the concept and the flexibility that the new highway commercial zoning district would provide. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE AMENDMENT OF THE CITY'S ZONING ORDINANCE TO CREATE A ZONING DISTRICT TITLED "C-3B HIGHWAY COMMERCIAL" WITH THE OUTLINED PRINCIPAL AND CONDITIONAL USES AS SUBMITTED IN THE CITY ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED DECEMBER 2, 1983 AND TO AMEND THE CITY'S EXISTING C-3 HIGHWAY COMMERCIAL DESIGNATION TO A C-3A HIGHWAY COMMERCIAL ZONE. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMEMBER SCHULDT OPPOSED. A joint meeting between the City Council and the Planning Commission was set for January 9, 1984, at 7:30 p.m. at City Hall to discuss the boundaries for the new Highway Commercial zoning district. 7. Transient Merchant License for Leslie Haverkate - Public Hearing Mayor Hinkle indicated that Ms. Leslie Haverkate has applied for a transient merchant license to se~l women's clothing at the Elk Theater from December 16 to December 22. The City Administrator indicated that the application has been completed except for a copy of the retail license permit issued by the State. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the transient merchant license. Mayor Hinkle closed the public hearing. General discussion was carried on regarding the transient merchant license appli~ cation, the fee and the public hearing requirements. QOUNCILMEMBER GUNKEL MOVED TO APPROVE A TRANSIENT MERCHANT LICENSE FOR MS. LESLIE HAVERKATE TO SELL WOMEN'S CLOTHING AT THE ELK THEATER FROM DECEMBER 16TH THROUGH DECEMBER 22ND. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes Decembe~ 5, 1983 Page Four 8. Park Development Plan The City Administrator indicated that a few changes have been made from the orig- inal design of the park to allow for structures to be located within the park in areas that have a better soil base, and also to address some concerns expressed by Mr. Bud Houlton. The City Administrator indicated that the most notable changes are the movement of the sliding hill and the movement of the band shelter to an area that would provide a better foundation. The City Administrator further in- dicated that there are some other slight changes regarding the ballfields and the berming within the park. The City Administrator indicated that approval of the changes by the City Council is necessary inasmuch as Barbarossa plans to begin work on the pond construction in the very near future. The City Administrator indicated that Central Lutheran Church has indicated that they would provide access along their parking lot for the park parking lot with the condition that they could use it for overflow parking for the church. The City Administrator further indicated that the pond as originally designed caused some concern, as a span of a bridge over the neck of the pond may be too wide and therefore, the pond may be changed slightly to reduce that bridge span. Mayor Hinkle indicated that he felt it was a good start on the park development. The City Administrator indicated that as the contractors put the pipe into the ground in the bog area, they will backfill with sand to provide a solid footing for access to the park. The City Administrator further indicated that the gift agreement has been approved by Mr. Bud Houlton and will be presented to the City Council for formal approval. It was the consensus of the City Council to accept the revisions and changes in the park development plan. 9. Planning Commission Public Hearings The City Administrator indicated that in April and again in May of 1983 the Planning Commission requested only limited authority to conduct public hearings and indicated quite clearly that they only wished to have public hearings for preliminary plats. The City Administrator further indicated that apparently the City Council has never recognized or taken formal action regarding the Planning Commission's recommendation on public hearings. Councilmember Gunkel indicated that she felt the Planning Commission had made a mistake by their recommendation as she believed the Planning Commission should hold public hearing to obtain input from the public regarding decisions they are required to make. Councilmember Gunkel cited a recent example, the property on West Highway #10, of a decision the Planning Commission made without public input and then when it appeared before the City Council, the decision was changed based on public input. Councilmember Schuldt indicated that there is nothing to prohibit people from going to a Planning Commission meeting. Discussion was carried on regarding notification of the public in the newspaper on specific issues to appear before the Planning Commission. It was suggested that a preliminary agenda be published in the Shopper prior to Planning Commission Meetings. COUNCILMEMBER DUITSMAN MOVED TO RECOGNIZE THE PLANNING COMMISSION'S RECOMMENDATION THAT THE PLANNING COMMISSION ONLY HOLD PUBLIC HEARINGS FOR PRELIMINARY PLATS AND City Council Minutes December 5, 1983 Page Fiye THAT A TENTATIVE AGENDA OF THE PLANNING COMMISSION MEETINGS BE PUBLISHED IN THE ELK RIVER SHOPPER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER GUNKEL OPPOSED. 10. Sewer Connection Extension The City Administrator indicated that approximately one month ago, the City Council granted permission to Alltool for an extension of the sewer hookup deadline. The City Administrator further indicated that since that time, Alltool has determined that it is in their best interest to connect up to the City's sanitary sewer sys- tem now. The City Administrator further indicated that Alltool has completed negotiations with Mr. John Plaisted to purchase Mr. Plaisted's building immediately to the west of the Alltool Building in the Industrial Park and that Mr. Plaisted and Alltool are now requesting that they be granted an extension of the hookup deadline for that building. The City Administrator indicated that the new business planned by Alltool has some specific sewer requirements which will require some unique planning for the building. COUNCILMEMBER DUITSMAN MOVED TO EXTEND THE SEWER HOOKUP DEADLINE FOR THE JOHN PLAISTED BUILDING IN THE INDUSTRIAL PARK TO JUNE OF 1984. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER GUNKEL OPPOSED. 11. St. Andrew's Bingo License The City Administrator indicated that St. Andrew's Catholic Church has requested a bingo license for 1984. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE BINGO LICENSE APPLICATION FOR ST. ANDREW'S CATHOLIC CHURCH FOR FORTY-SEVEN SUNDAYS IN 1984. COUNClLMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Administrator's Update A. 211 th Avenue The City Administrator indicated that the agreements have been prepared for the 2llth road improvement project and further indicated that the City Council must decide what they are going to do, what the exact cost will be and what areas will be assessed. The City Administrator indicated that the people on 2llth believe that the Kampas should also be assessed for the road. Mayor Hinkle indicated that he felt the Kampa property should be assessed but that they should not be requested to waive their green acre rights. It was the consensus of the City Council that the City Administrator prepare exact costs for the project to be submitted to the City Council at the December 19th City Council meeting. B. Union Negotiations The City Administrator indicated that the City is progressing with the Union negotiations regarding the police contract and that at this time, they are discussing a three-year contract. The City Administrator indicated that he will discuss the police negotiations in detail at the next City Council meeting. City Council Minutes December; 5, 1983 J?q.ge Six C. Downtown Redevelopment The City Administrator indicated that Mr. Zack Johnson has completed the study for a tax increment financing proposal for the downtown area. The City Ad- ministrator indicated that it has been presented to the HRA and the Downtown Redevelopment group. The City Administrator further indicated that the HRA would like to review the study with the Ctiy Council at their December 12th meeting. The City Administrator indicated that the study shows a gap in the dollars available, the dollars needed to do the project, and further indicated that Kraus Anderson and the Downtown Redevelopment group are still interested in putting together a project. The City Administrator indicated that he and Zack Johnson will proceed with a community development block grant application. The City Administrator indicated that one of the advantages of the project in the grant application process is that the City does have a developer and plans, and further indicated that one of the problems in the grant application is that the City does not have a large population of low income and minorities. D. Other Items 1. Reggie's Pennant Bar The City Administrator indicated that Mr. Reg Powell has indicated that Reggie's Pennant Bar has been sold and that an application will be coming in for a liquor license for the new owners. 2. Ridgewood Sign The City Administrator indicated that Mr. Rick Breezee, Building and Zoning Administrator, has contacted the people in the Ridgewood Addition regarding their home occupation and that they will be coming before the Planning Commission with a conditional use request. The City Administra- tor indicated that the sign can be a condition of the conditional use requirements. 3. Capital Improvement Program Meeting The City Administrator indicated that the Capital Improvement Program meeting has been cancelled for Tuesday night and that another meeting will be scheduled in early 1984. 4. Woodland Estates The City Administrator indicated that he had met with the developers of what is tentatively called Woodland Estates, 120 acres north of Elk Hills. The City Administrator indicated that the developers have proposed one acre lots unsewered in the development. The City Administrator indicated that the property is located within the boundaries of the sanitary sewer district and further indicated that the developers do not feel it would be a feasible project if they would have to put in sanitary sewer.: City Council Minutes December 5, 1983 Page Seven General discussion was carried on regarding the installation of new street lights, the change in the utilities policy and the cost of the installation of street lights. 13. Check Register 14. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE COUNCILMEMBER DUITSMAN SECONDED THE MOTION. SCHULDT OPPOSED. Tentative Agenda DECEMBER 5, 1983 CHECK REGISTER. THE MOTION PASSED 3-1. COUNCILMEMBER The Boarman contract, the Downtown Redevelopment project and personnel items are tentatively scheduled for the December 12, 1983 City Council meeting. There being no further business, COUNCILMEMBER ENGSTROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, C2-1!!:ed~:::!:i~ Deputy City Clerk/Treasurer