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12-19-1983 CC MIN REGULAR WEEKLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY DECEMBER 19, 1983 Members Present: Mayor Hinkle, Councilmembers Schuldt and Gunkel. Councilmember Engstrom arrived at 8:15 p.m. Members Absent: Councilmember Duitsman 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 9~ - Utility Commission Appointment, was added to the December 19, 1983 City Council Agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE DECEMBER 19, 1983 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes Councilmember Schuldt requested that his "no vote" to the December 5th Check Register be recorded in the December 5, 1983 City Council minutes. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MINUTES OF THE DECEMBER 5, 1983, CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. 2llth Avenue Road Improvements The City Administrator indicated that the City Council had requested the City staff to prepare the necessary paperwork for the 2llth Avenue road improvement project. The City Administrator indicated that the necessary paperwork consisted of a petition for the project and an agreement that waives the owner's rights to claim green acre status. The City Administrator indicated that until the City Council determines what is going to be constructed, by whom, and at what cost, the residents would find it very difficult to sign the petition asking for the project. The City Administrator indicated that the cost estimates developed by the City's Street Superintendent are $10,790 for the grading, class five, trucking and blading, for the construction of the private portion of the road. The City Administrator indicated that residents are also interested in the method of assessment of those costs. The City Administrator further indicated that at the City Council's last discussion of the 2llth Avenue project, it was proposed that five property owners would be assessed which would exempt Mr. Kampa and his property. The City City Council Minutes December 19, 1983 Page Two Administrator further indicated that the exemption of Mr. Kampa and his property has caused some concern among the residents on 2llth, as the Kampa's property does border a significant portion of the proposed roadway. The City Administrator indicated that Mr. Kampa's property could easily be subdivided into two or more residential lots at some point in the future. The City Administrator indicated that the City Council may wish to consider the option of assessing the Kampa property and yet allowing Mr. Kampa to defer his assessment until such time as the property is divided into more residential lots. Discussion was carried on regarding the proposed width of the private portion of the gravel road and the width of the public portion of the gravel road. Mr. Phil Hals indicated that the public portion of the gravel road is 24 feet and that it is proposed that the private portion be upgraded to a 24 foot road bed. Discussion was also carried on regarding the Kampa property and the deferring of the assessments until the property is subdivided. The question was raised regarding the possibility of the Kampa's selling the whole parcel of property and when the assessments would be due. The City Administrator indicated that the Kampas could defer their assessment until the lot split, or they could use their green acre rights to defer the assessment. Further discussion was carried on regarding the cost of the assessment per unit, should seven units be used instead of five, and how the cost of the project would be paid, should the Kampas defer their assessment. The City Administrator indicated that the project was a small project and that it would be paid out of the general fund and as the assessments were paid, the funds would be put back into the general fund. It was the consensus of the City Council that the cost should be divided among seven units of property. Discussion was also carried on regarding the 100 percent participation of the residents. COUNCILMEMBER GUNKEL MOVED TO AMEND THE 2llTH AVENUE FEASIBILITY STUDY TO A CONSTRUCTION COST OF $10,800 AND TO ASSESS THE PROJECT ON A UNIT BASIS WITH THE COST TO BE DIVIDED AMONG SEVEN UNITS; AND TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE PROPERTY OWNERS FOR A 100 PERCENT PETITION FOR THE IMPROVEMENT PROJECT AND TO WAIVE THEIR GREEN ACRE RIGHTS FOR THE ASSESS- MENT, WITH THE EXCEPTION OF THE KAMPA PROPERTY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Zimmerman Request for Conditional Use Permit - Public Hearing Mayor Hinkle indicated that Mr. Steve Zimmerman of 21628 Vernon Street, located in the Greenhead Acres 3rd Addition, has requested a conditional use permit to construct a 30 foot by 40 foot metal-skinned building for agricultural purposes. The City Administrator indicated that the Planning Commission reviewed Mr. Zimmer- man's request and unanimously approved the conditional use permit with the con- dition of a maximum of five horses to be housed on the subject property. The City Administrator further indicated that the City staff has determined that the necessary findings can be made for granting a conditional use permit to Mr. Zimmerman, and therefore, recommends that the City Council grant a conditional City Council Minutes December 19, 1983 Page Three use permit to Steve Zimmerman for construction of a metal-skinned building at 21628 Vernon Street with the limitation of five horses only. Mayor Hinkle opened the public hearing. of the conditional use permit request. No one appeared for or in opposition Mayor Hinkle closed the public hearing. Councilmember Gunkel indicated that as she reviewed the City's zoning ordinance, she could not find a problem with conditional use permit request. Discussion was carried on regarding the construction of the building and the fact that new potential owners would be aware of the location of the building, should they consider purchasing an adjacent lot or the Zimmerman property. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY MR. STEVE ZIMMERMAN OF 21268 VERNON STREET TO CONSTRUCT A METAL-SKINNED BUILDING ON HIS PROPERTY FOR THE HOUSING OF FIVE HORSES AND NO OTHER LIVESTOCK. COUNCIL- MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Amendment to Zoning Ordinance regarding conditional uses in R-l and R-2 Districts - Public Hearing The City Administrator indicated that over the past several months, the City's Building and Zoning Administrator has had discussions with the owners of Wapiti Park regarding the appropriate uses and activities within the area that they own. The City Administrator further indicated that as a result of those discussions, it has been determined that an amendment to the City's zoning ordinance is most appropriate to deal with the Wapiti Park situation. The City Administrator fur- ther indicated that the Wapiti Park area is currently zoned both floodplain and single family residential, and therefore, because of that situation, the camp- ground use is a very reasonable and logical land use and should be permitted to continue in the area. The City Administrator indicated that a conditional use permit to allow campgrounds in an R,...lb zoned district is suggested, as it would provide sufficient control to the City Council over the campground facilities and its impact on an adjacent residential area. Councilmember Gunkel questioned the possibility of rezoning the area to an A-I zone to allow the campgrounds. The City Administrator indicated that a conditional use was a better way of dealing with the campground possibilities, because if it were zoned A-I, any kind of an agricultural facility could come into the area. The City Administrator indicated that a conditional use could provide more control to the City Council. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the amendment to the City's Zoning Ordinance. Mayor Hinkle closed the public hearing. Discussion was carried on regarding a definition in the City's Zoning Ordinance explaining campgrounds and campground facilities. Mr. White, owner of Wapiti Park, indicated that they do have a business outline of Wapiti Park, and the activities of the campground. Councilmember Gunkel indicated that the outline could provide a guideline to the City in the develop- ment of a definition for campgrounds to be included in the City's zoning ordinance. City Council Minutes December 19, 1983 Page Four Mr. Rick Breezee, the City's Building and Zoning Administrator, indicated that the City's definition in the Zoning Ordinance is a broad definition but would provide the control the City needed. The City's Building and Zoning Administrator further indicated that the six standards of a conditional use would have to be considered in every instance of a conditional use request and that the granting of the request in the review of the standards would be dependent on each individual circumstances. Further discussion was carried on regarding the definition of a campground and the time limit of units in a campground. COUNCILMEMBER SCHULDT MOVED TO APPROVE ORDINANCE 83-16 AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING ORDINANCE, SECTION 900.16 RELATING TO CONDITIONAL USES FOR R-l AND R-2 DISTRICTS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Street Light at Intersection of Meadowvale Road and Islandview Drive Mayor Hinkle indicated that the City Council had previously authorized the place- ment of a stop light at the intersection of Meadowvale Road and Islandview Drive but had not authorized the expenditure. The City Administrator indicated that Edson Stansfield of the Elk River Municipal Utilities, has recommended that a 250 watt high pressure sodium fixture be used. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE EXPENDITURE OF $181.00 FOR THE IN- STALLATION OF A HIGH PRESSURE SODIUM STREET LIGHT AT THE CORNER OF MEADOWVALE ROAD AND ISLANDVIEW DRIVE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Municipal Facilities Feasibility Study The City Administrator indicated that Boarman Architects has submitted a proposal for a feasibility study for municipal facilities. The City Administrator in- dicated that the cost for the feasibility study is $6,600 and further indicated that if the City Council is comfortable with working with Boarman Architects, the City Attorney and the City Administrator could draft a contract for those services. Discussion was carried on regarding the Boarman Architects proposal and the cost of the feasibility study. Councilmember Schuldt indicated that he felt it was necessary to do a feasibility study to allow the City Council to consider the options for a municipal facility. Councilmember Gunkel indicated that she felt the feasibility study would be useful to the City whether a municipal facility was constructed in the near future or not. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE BOARMAN ARCHITECTS TO PERFORM A MUNICIPAL FACILITY FEASIBILITY STUDY FOR A FEE NOT TO EXCEED $6,600. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes December 19, 1983 Page Five COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE CITY ADMINISTRATOR AND THE CITY ATTORNEY TO DRAW A CONTRACT FOR THE FEASIBILITY STUDY. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9~. Utility Commission Appointment The City Administrator indicated that Mr. Don Kettner's term as Utility Com- missioner will expire December 31, 1983. Mayor Hinkle indicated that Mr. Don Kettner was interested in a reappointment to the Utility Commission. COUNCILMEMBER GUNKEL MOVED TO REAPPOINT MR. DON KETTNER TO THE UTILITY COMMISSION FOR A TERM BEGINNING JANUARY 1, 1984 THROUGH DECEMBER 31, 1986. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Administrator1s Update A. Gospodor Property Plat :: The City Administrator indicated that since the City Council's original review of the Gospodor Plat, changes have been made in the proposed plat. The City Administrator indicated that Mr. Gospodor now wishes to subdivide a number of additional lots north of Main Street as well as relocate Main Street to provide for the additional property on the lake side. The City Administrator indicated that the plat also shows a resubdivision provision so that the lots indicated as 1, 2, 3 and 4 could be subdivided at the time sewer and water service is available to the area. The City Administrator indicated that if the City Council feels the proposed plat makes sense and is the best use of the property, the City Council could authorize the City's Attorney and the City Administrator to develop a developer's agreement that would deal with the road relocation and the resubdivision and sewer and water extensions. Councilmember Gunkel indicated that she felt the proposed plat makes sense and would be of benefit to the City of Elk River. Councilmember Engstrom indicated that he felt the proposed plat was a good proposed use of the property along the lake. Discussion was carried on regarding the projected schedule of the upgrading of Main Street. Mr. Phil Hals, Street Superintendent, indicated that it was proposed to improve Main Street to the "Y" within the next five years and from the "Y" out to Highway fl10 within the next eight years. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE CONCEPT OF THE GOSPODOR ORONO LAKE PRELIMINARY PLAT AND AUTHORIZE THE CITY'S ATTORNEY AND MR. GOSPODOR'S ATTORNEY TO DEVELOP A DEVELOPER'S AGREEMENT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Administrator indicated that the City Council has requested $33,500 for the seven and one-half acres of property proposed to be sold to the County. The City Administrator indicated that the County wants to pay $30,000 for the City Council Minutes December 19, 1983 Page Six seven and one-half acre~ as the so-called improvements-on the seven and one- half acres would not be of benefit to the County. The City Administrator indicated that the County has indicated that there is nothing of value with regard to improvements on the seven and one-half acres and further indicated that the County is willing to pay the same price to the City as to the Gospodors. The City Administrator indicated that he felt $30,000 was a fair price for the seven and one-half acres. Mayor Hinkle indicated that he felt it was important to cooperate with the County in the land transactions, as it could provide for a good working relationship between the County and the City with regard to the fairgrounds and the ball fields and parking areas. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE SALE OF SEVEN AND ONE-HALF ACRES OF PROPERTY TO THE COUNTY FOR A PRICE OF $30,000. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Lion's Park Construction The City Administrator indicated that he had met with Mr. Bud Houlton, and his group regarding the design of the park. The City Administrator then reviewed the latest concept of the park design submitted by Sharon Roe of of Zack Johnson and Associates for the City Council. General discussion was carried on regarding the location of the open fields, the shelter, the bandshell and the berms. It was the consensus of the City Council that some changes be made to the most recent plan submitted by Sharon Roe of Zack Johnson's office. The City Administrator indicated that he would review those changes as suggested by the City Council with City staff and Zack Johnson's office. C. January Meeting Date The City Administrator indicated that the first meeting in January would be scheduled for Tuesday, January 3, 1984. D. Librarian Resignation The City Administrator indicated that Mary Bender has submitted her resignation as librarian, effective January 6, 1984. The City Administrator indicated that the Great River Regional Library Association has indicated that they want a full-time librarian with a library degree and will fill the librarian position with an interim librarian until they fill the librarian position permanently. E. Library Carpet Replacement Discussion was carried on regarding the replacement of the carpeting in the lobby of the library and in front of the check out desk. Mary Bender sub- mitted two quotations for the carpeting. Discussion was carried on regarding the quotations and the type of carpeting that should be used to replace the carpeting in the library lobby and in front of the check out desk. City Council Minutes December 19, 1983 Page Seven COUNCILMEMBERGUNKEL MOVED TO AUTHORIZE THE PURCHASE OF MISSION X24 FROM THE LOCAL DEALER FOR THE CARPETING TO REPLACE THE CARPETING IN THE LIBRARY LOBBY AND IN FRONT OF THE CHECK OUT DESK. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. F. Letter of Support for Barthel Development The City Administrator indicated that the developers of the Planned Unit Development have requested a letter of support for 32 units of housing to be submitted to the Farmer's Home Administration, as the developers are applying for financing from that source. The City Administrator indicated that financing through the Farmer's Home Administration would provide for low interest loans and the developers would be obligated to rent at predetermined rental rates. The City Admin- istrator indicated that the income guidelines would be for moderate incomes with an annual income of $23,500 as a maximum. Councilmember Gunkel indicated that she felt the City should not send a letter of support, when the developers have not signed a developer's agree- ment. Councilmember Gunkel indicated that it was her understanding that the commercial development was to come first. Councilmember Gunkel further indicated that she believed the phasing plan was designed for a purpose and if it was not used, she was not in favor of the letter of support. General discussion was carried on regarding the phasing plan and the type of project proposed. Councilmember Engstrom indicated that he has heard good comments on the Brutger project and if this project were com- parable, he did not have a problem with that type of project. The City Administrator indicated that the proposed project by the Barthel developers would be for moderate income families. Councilmember Gunkel indicated that the City does not have a developer's agreement with the developers and therefore, felt the developers would use the letter as one more means of leverage with the City. Councilmember Gunkel further indicated that she would not support a letter to the Farmer's Home Administration. Mayor Hinkle indicated that he did have some concerns about the letter of support, as it appears the developers are always asking the City for their support and yet are not willing to take any risks by signing a developer's agreement or making any other commitments. It was the consensus of the City Council to not send a letter of support to the Farmer's Home Administration for the Barthel proposed housing project. F. Morrell Purchase of City Property The City Administrator indicated that Mr. Larry Morrell has proposed pur- chase of the City's five acres of property on Highway #169 for $18,000. Mayor Hinkle indicated that he felt it was out of the question, as the City in the past has not considered rezoning that property and has rejected a larger offer. City Council Minutes December 19, 1983 Page Eight Councilmember Gunkel indicated that she felt the City should wait until the feasibility study is completed by Boarman Architects, regarding a municipal facility before making a decision on the sale of City property. 11. Check Register COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE DECEMBER 19, 1983 CHECK REGISTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Tentative Agenda The standard first-of-the-year appointments are scheduled for the January 3, 1983 City Council meeting. There being no further business, COUNCILMEMBER GUNKEL MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Respectfully Submitted, ~~gh~~~ Deputy City Clerk/Treasurer