08-06-1984 CC MIN
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REGULAR WEEKLY SCHEDULED MEETING
OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
MONDAY, AUGUST 6, 1984
Members Present:
Mayor Hinkle, Councilmembers Schuldt, Duitsman and Engstrom.
Members Absent:
Councilmember Gunkel.
1. The Meeting was called to order at 7:30 p.m. by Mayor Hinkle.
2. Agenda
Item 4~ - diseased trees; l2~ - a paper shreduer; and l3f - PUD update; were
items added to the August 6,1984 City Council Agenda.
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE AUGUST 6, 1984 CITY COUNCIL AGENDA AS
AMENDED. COUNCILMEMBER DUITSMAN. SECONDED. THE MOTION . . THE MOTION PASSED 3-0.
3. Minu tes
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MINUTES OF THE JULY 16, 1984 CITY
COUNCIL MEETING. COUNCILMEMBERDUITSMAN SECONDED THE MOTION. THE MOTION PASSED
3-0.
4.
Open Mike
Councilmember Schuldt indicated that he has received more phone calls in favor of
eliminating or severely restricting billboards along Highway #10 into the City
of Elk River. Councilmember Schuldt further indicated that he has received one
phone call in favor of the billboards.
4~. Diseased Trees
Mayor Hinkle indicated that on behalf of the Beautification Committee, he is re-
questing that the City Council consider implementing the diseased tree program
again, as there are many dead tlrees and the City does have an ordinance that
addresses the removal of diseased trees. Mayor Hinkle indicated that he felt
the City Council should at least take a serious look at implementing a program
for the main thoroughfares of the City.
Councilmember Duitsman indicated that he was in favor of implementing a diseased
tree program, but would like to include in the program a subsidy for senior
citizens, specifically those that need help.
The City Administrator indicated that the City does have a policy setting forth
a criteria for help for senior citizens regarding special assessments. The City
Administrator indicated that that same criteria could be used regarding a diseased
tree program.
General discussion was carried on regarding various areas of the City that should be
considered. The City Administrator indicated that the City could start.. the pro-
gram this year by marking the most visible trees in the main thoroughfares and
then consider a more specific program in the budget process for 1985.
City Council Minutes
August 6, 1984
Page Two
General discussion was carried on regarding who would do the tree removal and
stump removal.
COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE A DISEASED TREE PROGRAM FOR THE MAIN
THOROUGHFARE OF THE CITY OF ELK RIVER IN 1984 AND TO ALLOW A 60% REFUND OF THE
COST FOR SENIOR CITIZENS THAT ARE WITHIN THE CRITERIA OF THE SENIOR CITIZEN
ASSESSMENT POLICY. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION
PASSED 4-0.
5. Improvement Bond Sale
The City Administrator indicated that at the July 9, 1984 City Council Meeting
the City Council authorized the sale of $310,000 in general obligation improv-
ment bonds to finance the East Main Street Improvements, and the Highway #169
water trunk crossing. The City Administrator indicated that in the original
consideration of the Improvement Bond sale, approximately $49,200 was included
to finance water lateral costs in the East Main Street Improvement Project,
which has been determined that is not necessary for replacement. The City
Administrator indicated that there will be some dollars necessary for work and
improvements associated with the East Main Street Water Systems but not the
full $49,200. The City Administrator indicated that there would be a surplus
of approximately $18,200 of the $49,200 that could be used for financing of the
water project involved in the Highway #10 improvement project.
Mr. John Gilbertson, Engineer, from Consulting Engineers Diversified, indicated
that approximately $4,000 to $5,000 of costs for water improvement would be funded
by MSA funds as the projects involves some relocation of water hydIlants and
insulation of water lines because of the lower elevation of the roads.
Discussion was carried on regarding the approximately $9,900 of assessable costs
to the property at the corner of Main Street and 169th.
Mr. Gerard Shannon of Springsted Incorporated indicated that ten bids had been
received for the $310,000 General Obligation Bond Sale. Mr. Shannon read the
following bids:
BIDDER
NET INTEREST
DOLLAR COST
J'
NET INTEREST
RATE
Cronin & Marcotte
American National Bank & Trust
Juran - Moody
First Bank of Mpls.
Allison Williams
Piper, Jaffry, Hopwood
Dain Bosworth
M.H. Novick
First bank of St. Paul
172,836.25
181,686.25
174,876.25
177,635.00
189,455.00
180,098.25
183,035.00
175,682.50
180,312,50
8.7957
9.2461
8.8995
9.0399
9.1834
9.1653
9.3147
8.9405
9.1762
Mr. Shannon indicated that the net interest rate is lower than anticipated.
City Council Minutes
August 6, 1984
Page Three
Mr. Shannon further indicated that due to the high deficit, it is projected that
interest rates will still remain higher than usual. Mr. Shannon indicated
that based upon the bids received, it is recommended that the City Council award
the bid to Cronin & Marcotte for a net interest dollar cost of $172,836.25 with
a net interest rate of 8.7957.
COUNCILMEMBER DUITSMAN MOVED TO ADOPT RESOLUTION 84-22 A RESOLUTUON ACCEPTING
THEBIDS ON THE. SALE OF. $310,000 GENERAL OBLIGATION IMPROVEMENT BOND SERIES 1984
PROVIDING FOR THEIR ISSUANCE AND LETTING A TAX FOR THE PAYMENT THEREOF, AND
TO AWARD THE BID TO CRONIN & MARCOTTE. COUNCILMEMBER SCHULDT SECONDED THE
MOTION. THE MOTION PASSED 4-0.
6. Nickerson Property Zone Change - Public Hearing
The City Administrator indicated that a parcel of property located north of
3rd Street between Gates and Evans consisting of approximately ten acres in size
is currently zoned Planned Unit Development. The City Administrator further
indicated that it was originally thought that the parcel of property would be a
part of the Barthel PUD. The City Administrator further indicated that the
property in its present classification is unusable as it is not large enough to
qualify as a planned unit developement, therefore it is recommended that the
PUD classification be changed to an R-3classification. The City Administrator
indicated that the Planning Commission reviewed the Staff's suggestion of a R-3
zone, and voted five to one to recommend to the City Council that the zone change
be made to an R-3 classification.
Mayo~ Hinkle opened the public hearing
No one appeared for or in opposition of the zone change. General discussion
was carried on regarding the R-3 classification and what was allowable in
an R-3 zone.
COUNCILMEMBER DUITSMAN MOVED TO CHANGE THE NICKERSON PROPERTY LYING NORTH OF
~RD STREET BETWEEN GATES AND EVANB AVENUE FROM A PUD CLASSIFICATION TO AN R-3/
TOWNHOUSE MULTIPLE FAMILY ZONING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION.
~HE MOTION PASSED 4-0.
7. Kuhn Easement Vacation - Public Hearing
Mayor Hinkle indicated that the Kuhn easement vacation request has been considered
by the City Council at a previous meeting and further indicated that because of
an absence of information the City Council denied the easement vacation request.
Mayor Hinkle indicated that at a subsequent meeting City Council was provided
sufficient information regarding the easement vacation, and therefore is
considering the request again.
Mayo~Hinkle Opened the Public Hearing - No one appeared for or 1n opposition of
the easement vacation request,
Councilmember Schuldt indicated that based upon the Wastewater Treatment Plant
Superintendent's information regarding soils for sanitary sewer purposes, it appears
that there are no problems or difficulties and the easement vacation can be granted.
City Council Minutes
August 6, 1984
Page Four
COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE EASEMENT VACATION REQUESTED BY
MR. RON KUHN ~ COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED
4-0.
8. Kruse Administrative Subdivision~Public Hearin&-
The City Administrator indicated that Mr. Floyd Kruse has requested an administrative
subdivision to permit him to split two parcels of property; one 1.605 acres, and
one 1.849 acres in size from a larger parcel of approximately 20 acres. The
City Administrator indicated that the property is located north of 173rd Avenue
and east of HighwayfflO. The City Administrator further indicated that parcel 1
is sufficient in size and can stand by itself as an independent parcel of property
because it has access as long as parcel 2 would be combined with the Dehn's Four
Seasons pr~perty.
General discussion was carried on regarding the administrative subdivision request
and the total property S1ze.
Mayor Hinkle opened the public hearing. No one appeared for or 1n opposition
of the Administrative subdivision request.
COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST
BY MR. FLOYD KRUSE AND TO INCLUDE PARCEL 2 AS A PART OF DEHN'S FOUR SEASONS
PROPERTY. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0.
. 9. Zoning Ordinance Amendment regarding Swimming Pool Setbacks - Public Hearing
The City Administrator indicated that at the June 26, 1984 Planning Commission
meeting an ordinance amendment dealing with setbacks associated with accessory
uses specifically swimming pools was reviewed. The City Administrator further
indicated that the ordinance amendment would require that swimming pools be set
back a minimum of eight (8) feet from the rear and side yard lot line and that the
pool comply with front yard setbacks as currently exists. The City Administrator
further indicated that in the discussion regarding setbacks, the Planning Commission
also determined that a 5 foot high fence was more reasonable that the current 4
foot high requirement.
Mayor Hinkle opened the public hearing. No one appeared for or 1n opposition of
the zoning ordinance amendment.
Councilmember Duitsman questioned the implications of the five foot high fence
requirement on present four foot high fences. Councilmember Engstrom indicated
that when the zoning ordinance was approved, it was the feeling that if a child
could climb a four foot fence, that child could also climb a five foot fence,
therefore the four foot requirement was approved.
Mayor Hinkle indicated that a five foot fence may spoil the aesthetics of a pool
area. Councilmember Schuldt indicated that he felt the extra foot was an additional
safety factor.
General Discussion was carried on regarding the setback requirements.
COUNCILMEMBER DUITSMAN MOVED TO ADOPT ORDINANCE AMENDMENT 84-7 AN AMENDMENT
MODIFYING THE CITY'S ACCESSORY USE SETBACK REGULATIONS TO REQUIRE THAT SWIMMING
City Council Minutes
August 6, 1984
Page Five
POOLS BE SETBACK A MIMI~ OF EIGHT 8 FEET FROM THE REAR AND SIDE YARD LOT
LINE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE ORDINANCE AMENDMENT FAILED
3-1. COUNCILMEMBER SCHULDT OPPOSED.
COUNCILMEMBER DUITSMAN MOVED. TO RECONSIDER THE ZONING ORDINANCE AMEMDMENT REGARDING
SETBACKS FOR SWIMMING POOLS AT A FUTURE COUNCIL MEETING WHEN ALL COUNCILMEMBERS
WERE PRESENT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-l.
COUNCILMEMBER SCHULDT OPPOSED.
10. .Zoning Ordinance Amendment reCUJiring the Planning Commission to Conduct Public Hearing
Mayor Hinkle indicated that there have been several discussions between the City
Council and the Planning Commission regarding whether or not the Planning Commission
should conduct public hearing. General discussion was carried on regarding the
process of the Planning Commission holding public hearings.
Councilmember Schuldt indicated that he felt the public should be able to express
their view point to the fullest extent, and that would mean that they could state
theircase at both the Planning Commission level and the City Council level.
Councilmember Schuldt indicated that he felt overall, the requirement of the Planning
Commission to hold public hearings would speed up the process.
Discussion was carried on regarding the reasons the Planning Commission was against
the ordinance amendment requiring the Planning Commission to conduct public hearing.
COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE AMENDMENT 84-8, AN AME.NDMENT
REQUIRING THE PLANNING COMMISSION TO HOLD PUBLIC HEARINGS ON VARIANCE ISSUES,
CONDITIONAL USE PERMITS, ZONE CHANGES, AND ZONING AND SUBDIVISION ORDINANCE AMENDMENTS.
COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE ORDINANCE AME MDME NT FAILED 3-1.
COUNCILMEMBER DUITSMAN OPPOSED. .
COUNCILMEMBER SCHULDT MOVED TO RECONSIDER THE ORDINANCE AMENDMENT REQUIRING THE
PLANNING COMMISSION TO HOLD PUBLIC HEARINGS AT A TIME WHEN THE FULL COUNCIL WAS
PRESENT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3~0.
11. Mechanical Amusement Device Licenses
A. Broadway Bar and Pizza
B. SneakyPetes
C. Main Tap
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MECHANICAL AMUSEMENT DEVICE LICENSES FOR
BROADWAY BAR ANDBIZZA. SNEAKY PETES, AND THE MAIN TAP. COUNCILMEMBER DUITSMAN
SECONDED THE MOTION. THE MOTION PASSED 3-0.
12. Sewer Bypass Feasibility Study
COUNCILMEMBER ENGSTROM MOVED TO ACOEPT THE SEWER BY-PASS FEASIBILITY STUDY. COUNCIL-
MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0.
12~. Paper Shredder
The City Administrator indicated that the Police Chief has requested approval to
purchase a paper shredder. The City Administrator further indicated that the Police
Department has various documents that must be destroyed by shredding or burning.
The City Administrator indicated that in the past the Police Department has saved
City Council Minutes
August 6, 1984
Page six
the documents that are required to be destroy~d until the time that they can be
burned at United Power. The City Administrator indicated that the Police Chief
estimated approximately 400 copies of various documents are required to be destroyed
in a week. The City Administrator indicated that the cost of the paper shredder,
$626.50 could be obtained from the Police Department furniture and equipment budget
as $1,300 was allocated for a radar unit and a unit could be purchased for less.
The City Administrator indicated that the combination of the radar unit and the paper
shredder would be approximately $100 over bddget which could be made up in other
areas of the .Police Department budget.
COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE PURCHASE OF THE PAPER SHREDDER FOR1HE
POLICE DEPARTMENT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED
3-0.
13; 0 Administrator's Update
A. Newsletter
The City Administrator indicated that there are various articles cover1ng
trees, sidewalks, signs, sirens, and an article by Councilmember Gunkle
drafted for the summer issue of the City Newsletter.
B. LAWCON Grant - Lion's Park
The City Adminstrator indicated that the State of Minnesota has indicated
that the City of Elk River's grant request has placed number one in Region
7W. The City Administrator further indicated that the point total will make
the grant application eligible for fdnding. The City Administrator indicated
that the City may get from $105,000 to $150,000 for construction of parking lots,
pathways, a shelter and lighting in the Lion's Park.
C. Zoning Signs
The City Administrator indicated that the City Staff is following up on the
City Cbuncil's request of zoning signs to be placed on propertie~{:considered
for Zone Changes, variances, and conditional uses.
D. Ball Field Lighting
The City Administrator indicated that the City has received a cost estimate of
approximately $105,000 from Musco Lighting for a complete system of lighting
for the four ballfields. The City Administrator further indicated that if the
Elk River Utilities would do the work involving the placement of the poles,
electricity and so forth, the price for the actual clusters of lighting would
range from 35,000 to 40,000. Discussion was carried on regarding the cost of
the lighting and the possibility that the softball association could have various
fund raising projects to raise the money for the lighting of the Ball Fields .
E. Downtown Redevelopment
The City Administrator indicated that a meeting of the Downtown Redevelopment
Corporation would be held Tuesday, August 7, 1984 at 3,:00 p.m. to consider
the last piece of information from Zack Johnson for a downtown redevelopment
project. The City Administrator indicated that the Downtown Redevelopment
City Council Minutes
August 6, 1984
Page Seven
Group has received the feasibility study of the redevelopment of the Crossroads
area and now another study reviewing the feasibility of a redevelopment project
involving the Coast to Coast Store and Marty's Auto. The City Administrator
indicated that the Downtown Redevelopment Group should select a best option
and pursue a developer to develop the project.
F. PUD Update
The city Administrator indicated that Mr. Ken Barthel has approached the City
regarding the possibility of an amendment to the Developer's Agreement and
Phasing Plan to allow for a free-standing building at the south end of the
proposed commercial development. The City Administrator indicated that the
present developer's agreement does not permit that commercial expansion should
be done beyond the 55,000 square foot building until some housing has been
developed.
Discussion was carried on regarding the possibility of an amendment to the
developer's agreement and the public hearing requirements. It was the consensus
that the City Council would hold a public hearing to consider amendments to the
Barthel PUD Developer's Agreement.
14. Check Register
A check register was not submitted for approval.
5. Tentative Agenda
Planning Commission public hearings is tentatively scheduled for the August 13th
City Council Meeting.
There being no further business, COUNCILMEMBER ENGSTROM MOVED THAT THE MEETING BE
ADJOURNED. COUNCILMEMBER SCHULDT SEDOND D THE MOTION. THE MOTION PASSED 3-0.
Pli
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llis Boedigheimer
y Clerk/Treasurer
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