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