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.
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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
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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
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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.
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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.
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the arministrative subdivision is basically
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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
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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
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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
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space. I
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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
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Mr. Eugenf Scheel of 10271 213th Avenue Northwest
create a new five-acre parcel from his current
in size. I
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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.
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General discussion was carried on regarding the 213th right-of-way.
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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
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