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04-02-1984 CC MIN REGULAR SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, APRIL 2, 1984 Members Present: Mayor Hinkle, Councilmembers 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 4~ - The Elk River Sidewalk Program and the Bridge Plaques, Item l2H - The Recreation Board, Item 121 - 1959 Fire Truck, and Item l2J - Update on David Dahlberg Case, were added to the April 2, 1984 City Council agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE APRIL 2, 1984 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Councilmember Gunkel requested that Item 5~ - the Masonic Lodge Variance Request include a sentence indicating that there could be up to four businesses including Mediscreen, should Mediscreen require less rental space. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE MARCH 19, 1984 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 4~. The Elk River Sidewalk Program and the Bridge Plaques Councilmember Schuldt indicated that he was interested in the sidewalk repair program and what is being planned for repair of the sidewalks, especially in the main traffic areas. The City Administrator indicated that the City's Street Superintendent, Phil Hals, is in the process of identifying the areas in need of repair and will have a recommendation to the City Council at the April 16th meeting. Councilmember Schuldt indicated that someone has removed the old bridge plaques and is holding them in safe keeping. Councilmember Schuldt further indicated that the old bridge plaques are City property and should be turned over to the City. It was the consensus of the City Council to let the community know that the plaques should be returned to the City. 5. Cowles Variance Request - Public Hearing Mayor Hinkle indicated that Mr. George Cowles of 19731 Rush Street, has requested a lot size variance for property located at 15560 Cleveland Avenue. Mayor Hinkle further indicated that Mr. Cowles has requested permission to split off a lot City Council Minutes April 2, 1984 Page Two which would be .638 acres in size. The City Administrator indicated that the Planning Commission approved the variance request for the .638 acre lot split, rather than the recommended .69 acre proposal suggested by City Staff. The City Administrator further indicated that the difference between the Cowles' request and the City Staff proposal has to do with the size and location of the road easement for access to the other buildings. The City Administrator indicated that the City Staff has proposed that there be a thirty foot road easement to the westerly most buildings on Mr. Cowles' property, and that the thirty foot easement come from the remaining parcel, leaving the newly created parcel at .69 acres. Mr. Ron Black, representing Mr. Cowles, indicated that the variance request was made to allow Mr. Cowles to break off a parcel from the total tract, the new proposed parcel would contain the building behind the Cedar Log Homes. Mr. Ron Black further indicated that it is proposed to sell that parcel. Lengthly discussion was carried on regarding the peoposed road easement to the buildings on the southern portion of the property. The City Administrator in- dicated that the basic question is the variance request and further indicated that the road easement and retaining wall must also be considered. Discussion was also carried on regarding the width of the easement necessary for trucks to reach the loading dock. Discussion was also carried on regarding the design of the road easement to the loading docks. Mayor Hinkle indicated that the parcel as proposed by the City Administrator in his memo to the Mayor and City Council dated March 29th would allow for a cleaner lot split. Further discussion was carried on regarding the distance of the proposed lot line from the existing building and the distance from the proposed road easement to the existing building. Discussion was also carried on regarding the access to the doors on the westerly buildings of the proposed parcel A. Mr. Rick Breezee, the Building and Zoning Administrator, indicated that Mr. Cowles will be requesting an administrative subdivision for parcel A and the road width and road easement could be addressed at that time. It was the consensus that the necessary findings could be met in the gtanting of the variance request and that the road easement would be addressed at the time of the administrative subdivision. COUNCILMEMBER ENGSTROM MOVED TO GRANT THE LOT SIZE VARIANCE REQUEST BY MR. COWLES FOR THE PROPERTY LOCATED AT 15560 CLEVELAND AVENUE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Administrative Subdivision Requests - Public Hearings A. I I I Powell I Mayor Hinkle indicated that Mr. Jim Ppwell of 11460 205th Avenue NW has re- quested an administrative subdivisionl to split a two and one-half acre I I I City Council Minutes April 2, 1984 Page Th:ree parcel from his existing seven and onr-half acre parcel. Mayor Hinkle in- dicated that the new parcel would be ~65 feet in width and 660 feet in length I and is consistent with the minimum lo~ size requirements in the R-IA zone. Mr. Rick Breezee, Building and zoningl Administrator, indicated that Mr. Jim Powell's request is to separate the nFw house from the old existing house. 1 Councilmember Engstrom indicated thatl when the new house was built, a pur- chaser was interested in the old hous~ and ten acres. Councilmember Engstrom further indicated that the subdivision was never recorded and the sale was never made. Councilmember ~ngstromfprther indicated that Mr. Powell now has a buyer interested in the old home I and is interested in a two and <Yrre-half acre parcel. I I the arministrative subdivision is basically I I I COUNCILMEMBER ENGSTROM MOVE~ TO APPRO~E THE ADMINISTRATIVE SUBDIVISION FOR MR. JAMES. POWELL OF 11460 2~5TH AVENU NW. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. Rick Breezee indicated that to separate the two houses.: B. Roma Tool I I I Mayor Hinkle indicated that I Roma Toollof 19228 Industrial Boulevard, has re- quested permission to combiljl.e two exi1:3ting lots into one parcel in order to permit them expansion room and to notl create setback problems for their new building addition. I I Mr. Rick Breezee, Building and Zoningl Administrator indicated that Roma Tool's request is to combine two eiisting legal lots into one for additional building I space. I I COUNCILMEMBER SCHULDT MOVED I TO APPROV~ THE ADMINISTRATIVE SUBDIVISION REQUEST BY ROMA TOOL AT 19228. INDUStRIAL BOUL~VARD. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PAS$ED 4-0. I I I ! .1 Mr. Eugenf Scheel of 10271 213th Avenue Northwest create a new five-acre parcel from his current in size. I I C. Scheel Mayor Hinkle indicated that has requested permission to property which is 165 acres Councilmember Gunkel questi~ned the accessibility to the remaining property, should the lot split be apptoved. I I General discussion was carried on regarding the 213th right-of-way. I COUNCILMEMBER DUITSMAN MOVE~ TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. EUGENE SCHEEL OF 10271 213TH AVENUE NW, SUBJECT TO THE ROAD RIGHT~OF-WAY ACCESS TO THE REMAINING 165 I ACRE PARCEL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes April 2, 1984 Page Four 7. Civil Defense Warning Siren System Mayor Hinkle indicated that he wanted the City council to reconsider the budgeted amount of $15,000 for two warning sirens. Mayor Hinkle further indicated that he felt the City of Elk River should begin to implement a civil defense warning system. General discussion was carried on regarding the purchasing of two sirens versus one siren. Discussion was carried on regarding the area one siren would reach and the cost of one versus two sirens. Discussion was also carried on regarding the possibility of federal funding to help continue the siren system in the City of Elk River. Councilmember Schuldt indicated that he felt the purchase of the number of sirens should be dependent upon the total cost of the system and the amount of dollars available. Councilmember Engstrom indicated that he did not feel the money should be spent for a siren system. Councilmember Engstrom further indicated that he felt the City should be more conservative in their spending of general fund money. Council- member Engstrom indicated that he was concerned that the City was giving more to the citizens than the citizens actually wanted. Councilmember Duitsman indicated that he felt the City should continue to build a general fund balance for capital improvements. Mayor Hinkle indicated that he would like to see the City purchase two sirens to get the civil defense warning system started. Discussion was carried on regarding the placement of one siren and the second priority for the second siren. Councilmember Gunkel indicated that many citizens are surprised to know that the City does not have a civil defense warning system and further indicated that she felt the City Council's responsibility is concern for the safety of the residents of the City of Elk River. Councilmember Schuldt indicated that he felt the general public does not know what is adequate for fire, police and civil defense and that it is the City Council's responsibility to make those decisions. The City Administrator indicated that after the storm last year, many residents asked why the City did not have a civil defense warning system. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE $15,000 IN THE 1984 BUDGET FOR THE PURCHASE AND INSTALLATION OF TWO WARNING SIRENS TO GET A CIVIL DEFENSE WARNING SYSTEM STARTED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMEMBERS DUITSMAN AND ENGSTROM OPPOSED. It was the consensus of the City Council that the City Administrator should obtain proposals for the cost of one siren versus two sirens and that the City Council would ultimately decide how many should be purchased. City Council Minutes April 2, 1984 Page Five 8. Consulting Engineers Fees The City Administrator indicated that Mr. Jeff Roos of Consulting Engineers Diversified, was present to discuss the rate charged to the City for engineering fees. Mr. Jeff Roos of Consulting Engineers Diversified, indicated that in the City's engineering agreement with Consulting Engineers Diversified, there are two forms of compensation. One, a fee for project costs based on a percentage of the project cost, and two, an hourly rate for other miscellaneous engineering services. Mr. Roos indicated that the hourly rate is a multiplier effect based upon the Engineer's salary. Mr. Roos indicated that the current cap of $39.00 per hour fee has been in effect with the City of Elk River since 1979 and that Consulting Engineers Diversified is requesting the City to recognize the increase in inflation in the last five years and to increase the cap rate to $45.00 per hour. General discussion was carried on regarding the type of engineering expenses the hourly rate would cover. The City Administrator indicated that the proposed $45.00 an hour cap rate is competitive with other engineering firms. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE REQUESTED HOURLY RATE INCREASE FOR ENGINEERING FEES BY CONSULTING ENGINEERS DIVERSIFIED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4~0. 9. Planning Commission Appointment Councilmember Gunkel indicated that she is recommending the appointment of Ms. Mary Temple to the Planning Commission to fill the vacancy created by Mr. Darrell Ward. Councilmember Gunkel indicated that she explained the duties of a Plan- ning Commission Member and the requirements of that position to Ms. Temple and that Ms. Temple indicated her acceptance of the position. COUNCILMEMBER GUNKEL MOVED TO APPOINT MS. MARY TEMPLE TO THE PLANNING COMMISSION TO FINISH THE TERM OF MR. DARRELL WARD, EXPIRING DECEMBER 31, 1984. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED. 4-0. 10. Membership in the National League of Cities The City Administrator indicated that the president of the National League of Cities, St. Paul Mayor, George Latimer, is requesting that more Minnesota cities help support the efforts of the National League of Cities by becoming members and participating in the National League of Cities. The City Administrator indicated that membership for the City of Elk River in the National League of Cities is $556.00. COUNCILMEMBER SCHULDT MOVED TO DENY THE CITY OF ELK RIVER MEMBERSHIP IN THE NATIONAL LEAGUE OF CITIES. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Gambling License Request for Raffle by Robert Petermann, Sherburne County Explorers Mayor Hinkle indicated that Juvenile Officer Robert Petermann has requested a City Council Minutes April 2, 1984 Page Six gambling license on behalf of the Sherburne County Explorers to conduct a gambling license on behalf of the Sherburne County Explorers to conduct a raffle to be held on April 24, 1984, with the majority of the sales to be done at the Elk River High School. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE GAMBLING LICENSE REQUEST FOR THE SHERBURNE COUNTY EXPLORERS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilmember Duitsman indicated that the Utility Commission is concerned with the plans proposed for the Utilities needs in the proposed municipal feasibility study. Councilmember Duitsman indicated that the Commission would like to discuss their needs directly with the architect. It was the consensus that the City Administrator would discuss the Utilities' needs with the Utilities Superintendent, Mr. Edson Stansfield. 12. Administrator's Update A. Community Festival The City Administrator indicated that the Elk River Community Festival is being planned for Saturday, June 9th, 1984, with a full day of celebration, including a lOK race, an arts festival, local performing groups and food and information booths. B. Woodland Estates Plat The City Administrator indicated that the developers of Woodland Estates have withdrawn their preliminary plat and are considering the planned unit develop- ment concept. C. New Employees The City Administrator indicated that two new employees have been hired through the MEED Program. The City Administrator indicated that Michele Cunz is the new CSO Officer and Mr. Steve Rohlf is the new Building and Zoning Administrator Assistant. The City Administrator further indicated that Ms. Cunz is from Otsego and Mr. Rohlf is from Elk River. Discussion was carried on regarding the Building and Zoning Administrator's duties and responsibilities. Mayor Hinkle questioned the status of the nonconforming use of the property on Proctor Avenue. Mr. Rick Breezee, Building and Zoning Administrator in- dicated that the issue will be appearing before the Planning Commission at their April Meeting. General discussion was carried on regarding various enforcement issues in the City of Elk River. D. Water Service District Legislation The City Administrator indicated that he had discussed the possibility of City Council Minutes April 2, 1984 Page Seven passing legislation to set up a water service district with the City's Attorney Mr. Dave Sellergren, and Representative Bergstrom. The City Administrator further indicated that he also discussed the various possi~ bilities with the City's Financial Consultants, Springstead Inc. The City Administrator indicated that the more the various possibilities were looked at, the more it seemed apparent that legislation to allow a water service district was not the best way to go and the possibility of user charges seemed to make more sense. The City Administrator indicated that a water service district is a very political issue, as the means of obtaining funds is placing a tax on the City. The City Administrator indicated that businesses and industry are taxed harder than residents which would have a negative impact. The City Administrator further indicated that a user charge would hit those that use the most water. Mayor Hinkle indicated that legislation to set up a water service district is a very political issue and does take a long time. Mayor Hinkle further in- dicated that the Utilities Superintendent, Edson Stansfield has some thoughts on possibilities of raising funds and has some information regarding what other cities have done. E. Preliminary Audit Report The City Administrator indicated that the Auditors have been in and it appears everything went well with the audit. The City Administrator indicated that it appears the general fund balance has increased to $220,000, without a transfer from the liquor store. The City Administrator indicated that the net profit from the liquor store is approximately $60,000 and that the cash fund balance in the liquor store is approximately $39,000. F. Meeting Schedule The City Administrator indicated that April 3rd is scheduled for the Citizen's Advisory Board Meeting with Jack Boarman. Mike Donais' interview is scheduled for the April 9th City Council meeting, and April 23rd is the Joint City Council and Planning Commission Meeting. G. Attendance at the League of Minnesota Cities Conference - Duluth It was the consensus that the Council representatives attending the League of Cities Conference in Duluth would be Mayor Hinkle and Councilmember Gunkel, with Councilmember Schuldts' attendance tentative. H. The Rec Board The City Administrator indicated that he had met with Mr. Walt Schumacher re- garding the Rec Board Activities and further indicated that Mr. Schumacher indicated that there were a number of concerned people in the community re- garding the recreation programs planned. The City Administrator indicated that Mr. Schumacher's concerns are the first negative concerns the City has had regarding the recreation program. The City Administrator indicated that he requested Mr. Walt Schumacher to get a list of people that were concerned about the City's recreation program. The City Administrator further indicated that a Rec Board Meeting was scheduled for April 10th and that he would then invite those people and Denny Carlson to the meeting. City Council Minutes April 2, 1984 Page Eight It was the consensus that Councilmember Engstrom and Councilmember Schuldt would represent the City Council at .the Rec Board Meeting. I. 1959 Fire Truck The City Administrator indicated that the City's Street Superintendent, Phil Hals and the City's Waste Water Treatment Plant Superintendent, Darrell Mack have come up with ~ remodeling scheme for the 1959 Fire Truck to haul the jet machine. The City Administrator further indicated that the Street Department could then use the jet machine trailer for various other needs. It was the consensus of the City Council that the Waste Water Treatment Plant Superintendent use the 1959 Fire Truck for the Jet Machine. J. Dave Dahlberg Case The City Administrator indicated that the City would be appearing before the judge on Friday regarding the Dave Dahlberg case. 13. Check Register COUNCILMEMBER SCHULDT MOVED TO APPROVE THE APRIL 2ND 1984 CHECK REGISTER. COUNCIL- MEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Tentative Agenda Mike Donais' interview is tentatively scheduled for the April 9, 1984 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, O.t,,/t;. 'IJ~ Phyllis Boedigheimer City Clerk/Treasurer PB/st