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10-15-1984 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, OCTOBER 15, 1984 Members Present: Mayor Hinkle, Councilmembers Engstrom, Duitsman and Gunkel Members Absent: Councilmember Schuldt 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle 2. Agenda Item 12~ - Transient Merchant License, 12-3/4 - Police Squad Cars, 18D. - The Utilities Commission, and 18E. - Planning Commission Minutes, were items added to the October 15, 1984 City Council agenda. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE OCTOBER 15, 1984 CITY COUNCIL AGENDA, AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE OCTOBER 1, 1984 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. Planning Commission Appointment Mayor Hinkle indicated that the City Council interviewed three candidates at their October 9th City Council committee meeting to be considered for appointment to the vacancy on the Planning Commission created by Marty Tracy's resignation. COUNCILMEMBER GUNKEL MOVED TO APPOINT MR. ARLON FUCHS TO MARTIN TRACY'S POSITION ON THE PLANNING COMMISSION. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Minor Administrative SubdivisibnRequest - Public Hearing Mayor Hinkle indicated that Mr. Jerry Minor is requesting an administrative sub- division for property he owns on the east side of Highway 1110 bounded by 170th Avenue and Yale Street. Mayor Hinkle indicated that Mr. Minor's request is to allow him to split two parcels of property from an existing larger parcel. Mayor Hinkle indicated that the administrative subdivision will allow Mr. Minor's recent- ly constructed building adjacent to the auto dealership to have its own lot as well as an additional lot for future development. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the administrative subdivision. Mr. Jerry Minor indicated that he proposes to build another building identical to the recently constructed building on the additional lot. . . City Council Minutes October 15, 1984 Page Two COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. JERRY MINOR FOR PROPERTY ON THE EAST SIDE OF HIGHWAY #10 AND BOUNDED BY 170TH AVENUE AND YALE STREET, WITH THE STIPULATION THAT THE ROAD EASEMENT AS SHOWN ON THE EXHIBIT MAP, BE GRANTED TO THE CITY. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Lynas Conditional Use Permit Request - Public Hearing Mayor Hinkle indicated that Mr. Walter Lynas of 724 Jackson Avenue has requested a~conditional use permit to allow him to conduct a home occupation at his address. Mayor Hinkle indicated that the Planning Commission considered Mr. Lynas' request and voted unanimously to recommend approval of the conditional use permit request with the stipulations as stated in the memorandum from the City Administrator to the Mayor and City Council dated October 12, 1984. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the conditional use request. Mr. Lynas indicated that he intended to sell military surplus items out of his garage. COUNCILMEMBER DUITSMAN MOVED TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A HOME OCCUPATION FOR MR. WALTER LYNAS OF 724 JACKSON AVENUE WITH THE CONDITIONS AS STIPU- LATED IN THE CITY ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED OCTOBER 12, 1984. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Lindenfelser Conditional Use Permit Request - Public Hearing Mayor Hinkle indicated that Mr. Don Lindenfelser has requested a conditional use permit to allow him to locate a temporary trailer on the property at 11264 202nd Avenue Northwest while he constructs a home for himself on the property. Mayor Hinkle further indicated that the Planning Commission voted unanimously to recommend approval to the City Council. Mayor Hinkle further indicated that the Planning Commission indicated in the minutes of their meeting that they felt the City Staff should handle such requests directly and therefore, handle the request much more expediently. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of. the conditional use permit request. COUNCILMEMBER GUNKEL MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR MR. DONALD LINDEN- FELSER TO LOCATE A TEMPORARY TRAILER ON HIS PROPERTY AT 11264 202ND AVENUE NORTHWEST WHILE CONSTRUCTING A HOME. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Hommes Administrative Subdivision Request - Public Hearing The City Administrator indicated that Mr. Howard Hommes of 20954 Ogden Street is requesting an administrative subdivision to allow him to split his existing parcel of approximately 9.62 acres into 2 lots of 4.62 and 5 acres. The City Administrator City Council Minutes October 15, 1984 Page Three indicated that Mr. Hommes is requesting the administrative subdivision him to build a new home on the 4.6Z acres and sell the existing home. Administrator indicated that the new home would require a private road to provide access from the newly created parcel to Zllth Avenue. to allow The City agreement Mayor Hinkle opened the public hearing. Mr. Ray Jedneak indicated that when the City Council approved the upgrading of Zllth Avenue and acceptance of Zllth Avenue, the City Council indicated that they would not approve any lot splits, as the road was not constructed to City standards. Mr. Ron Beck indicated that the improved Zllth Avenue is satisfactory for the number of homes on Zllth Avenue at the present time, and further indicated that if lot splits were allowed the road would not serye that much more traffic. Mr. Mike Dean indicated that he had a Z~ acre parcel on Zllth Avenue and had agreed to pay the same amount of money that the rest of the homewoners with ten acres were paying for the improving of Zllth Avenue, therefore, he did not feel it was fair to allow Mr. Hommes, owning 9.6 acres to split his property and therefore, split the assessment also. The City Administrator indicated that Mr. Dehn had a point and appropriately, the cost of the road should be assessed to the additional lot as well. Ms. Diane Mickelson indicated that because of the concern of the additional expense to upgrade the road to blacktop, the City Council should not authorize any lots less than five acres in size. Mayor Hinkle indicated that when the City Council was con- sidering the Z4 foot width for the gravel road, discussion was carred on regarding subdivision of lots onZll Avenue. Councilmember Engstrom indicated that at the time of the discussion of the improvement on Zllth Avenue, the Council was not in favor of allowing subdivision of the properties on Zllth Avenue. Mr. Hommes indicated that he felt the road was well-constructed and that one more home would not cause a problem with the road. Discussion was carried on regarding the City Council approving a Z4 foot gravel road for Zllth Avenue. Discussion was carried on regarding the assessment of the improvements to Zllth Avenue. Councilmember Gunkel indicated that she felt the City could not deny a request for a lot split when the lot size was within the City's Z~ acre zoning ordinance. Councilmember Gunkel further indicated that the City Council has authorized Administrative subdivisions with private road agreements in the past. Therefore, she felt the City Council could not deny the request under the present ordinance. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. HOWARD HOMMES OF Z0954 OGDEN STREET. THE MOTION FAILED FOR LACK OF A SECOND. General discussion was carried on regarding the Zllth Avenue road improvement project. The City Administrator indicated that the City Council could make a policy decision based upon private road agreements and City-owned gravel roads. Councilmember Gunkel indicated that the City Council has authorized administrative subdivisions with private road agreements in the past. Discussion was also carried on regarding the improvement to Z18th Avenue and its similarity to ZII Avenue. COUNCILMEMBER DUITSMAN MOVED TO CONTINUE THE PUBLIC HEARING OF THE HOMMES ADMINISTRA- TIVE SUBDIVISON REQUEST UNTIL THE OCTOBER Z9TH CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED Z-I. COUNCILMEMWER GUNKEL OPPOSED. . City Council Minutes October 15, 1984 Page Four 10. Rauch Administrative Subdivision Request - Public Hearing Mayor Hinkle indicated that Mr. Tom Rauch requested an administrative subdivision for property located south of County Road #32, south of 205th Avenue and west of County Road #72, at a previous City Council meeting and received approval of that administrative subdivision request. Mayor Hinkle indicated that Mr. Rauch has had a change of heart and is requesting that the property be re-subdivided in a different manner. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the administrative subdivision request. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. TOM RAUCH FOR PROPERTY LOCATED SOUTH OF COUNTY ROAD #32, SOUTH OF 205TH AVENUE AND WEST OF COUNTY ROAD #72. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Marty Administrative Subdivision Request - Public Hearing The City Administrator indicated that Mr. Hubert Marty is requesting an administra- tive subdivision for property located in the Ridgewood East subdivision to allow him to subdivide an existing parcel of property with an existing two-dwelling home into two pieces allowing for the individual ownership of each side of the two-unit dwelling. The City Administrator indicated that the administrative subdivision request by Mr. Marty is in conformance with the City's zoning and subdivision regulations. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the administrative subdivision request. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. HUBERT MARTY FOR PROPERTY ON HIGHLAND ROAD IN THE RIDGEWOOD EAST SUBDIVISION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Barrington Place Petition for Street Light Approval The City Administrator indicated that a petition has been submitted from the residents of the Barrington Place subdivision requesting that the City of Elk River install three street lights with the subdivision. The City Administrator indicated that the petition specifies that the residents agree to the improvements with the provision that the cost of the improvement shall not exceed $3,500 or $100 per lot and that the residents waive their right to a public hearing on the improvement and the right to object to the assessment cost if it does not exceed the $3,500. The City Administrator indicated that in the event the cost does exceed $3,500, the petition becomes null and void. The City Administrator indicated that if the City Council proceeds to do a feasibility study and the study indicated that the project would exceed $3,500, the City would have to pay for the cost of the feasi- bility study, therefore, it is staff's recommendation that the City Council require the residents to either post cash or a letter of credit in the amount of the feasi- bility study cost. The City Administrator indicated that the City's engineer, Mr. John Gilbertson, indicated that he estimated the cost of the feasibility to be r . . . City Council Minutes October 15, 1984 Page Five approximately $150.00 Mr. Gary Santwire indicated that the petition from the Association was submitted with approval of a particular style of street light and further questioned if the street light selected would conform with the City's standards. Mr. Gary Santwire indicated that M & S Development wants a fourth light in their develop- ment and would pay for the total cost of the fourth light. Mr. Gary Santwire indicated that inclusion of the fourth light could be an amendment to the original petition submitted by the Barrington Place Association. The City Administrator indicated that he felt the lights in the Barrington Place subdivision should be the same as the City's standards for the new street lights along Highway #10. Councilmember Duitsman indicated that he also felt the lights in the Barrington Place subdivision should be the same as the lights along Highway #10. COUNCILMEMBER ENGSTROM MOVED TO ORDER A FEASIBILITY STUDY FOR FOUR (4) STREET LIGHTS IN THE BARRINGTON PLACE SUBDIVISION AND REQUIRE THE ASSOCIATION TO POST CASH OR A LETTER OF CREDIT IN THE AMOUNT OF $150.00 TO PAY FOR THE FEASIBILITY STUDY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 12~. Transient Merchant License The City Administrator indicated that a transient merchant license is requested by A & K Railroad to allow them to sell railroad ties from their stockpiling loca- tion on County Road #1. The City Administrator indicated that the transient merchant license was for a period of one year. COUNCILMEMBER ENGSTROM MOVED TO APPROVE A TRANSIENT MERCHANT LICENSE FOR A & K TO SELL RAILROAD TIES FROM THEIR LOCATION ON COUNTY ROAD #1. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 13. Establishment of Landfill Fee The City Administrator indicated that in the last legislative session, the City was given the authority to charge up to 15~ per cubic yard for materials deposited in the Elk River Landfill. The City Administrator further indicated that the fee is to be used to compensate the City for the local risks, costs and other adverse effects on the community that may be created by a landfill. The City Administrator indicated that the legislation also authorized the County authority to charge for materials deposited at the landfill. The City Administrator indicated that the County intends to impose a fee and they want to know how much the City will levy as their intent is to have the combined total of the City and County fees to be equivalent to those fees charged in surrounding areas. Discussion was carried on regarding the City's liability and if the fees charged must be used for specific uses. Mayor Hinkle indicated that the legislation is very specific with regard to the County in how they may use their fees charged, ~ . . City Council Minutes October 15, 1984 Page Six but is less specific with regard to the City. The City Administrator suggested that the City Council consider setting aside the fees in a specific fund to then be loaned out for other purposes. Councilmember Duitsman indicated that he felt the fees should be used for capital improvements. The City Administrator indicated that in the last two years, the landfill fees at 15~ per cubic yard would have amounted to approximately $80,000 a year. General discussion was carried on regarding the monitoring of the amount of mater- ials deposited at the landfill, the number of years the landfill may be in existence and the use of the fees charged to a landfill. COUNCILMEMBER ENGSTROM MOVED TO ADOPT ORDINANCE 84-10, AN ORDINANCE IMPOSING A 15~ PER CUBIC YARD FEE ON LANDFILLS WITHIN THE CITY OF ELK RIVER PURSUANT TO STATE STATUTE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 14. Pay Estimate If3 - East Main Street Improvement COUNCILMEMBER DUITSMAN MOVED TO APPROVE PAY ESTIMATE #3 TO NORTHDALE CONSTRUCTION IN THE AMOUNT OF $73,540.02 FOR IMPROVEMENTS TO EAST MAIN STREET. COUNCILMEMBER GUNKELSECONDED THE MOTION. THE MOTION PASSED 3-0. 15. PERA Practices and Interim Director Appointment The City Administrator indicated that the League of Minnesota Cities has requested that the City Council adopt a resolution requesting that the legislature conduct an investigation into thePERA board election practices and the administration of the PERA and that the legislature consider amending the Statutes which determine the method by which the PERA board is constituted to provide that 3 members be elected by the PERA general membership and that 3 additional members be appointed by the governor from among non-PERA member citizens and that immediate action be taken to remove the interim executive director and to provide for an open process in selecting a Public Employee Retirement Association executive director. The Ctiy Administrator indicated that there are some severe irregularities in the Public Employee Retirement Association and that the resolution would authorize the legislature to investigate those irregularities. The City Administrator further indicated that the person appointed as the interim executive director does not have the qualifications necessary to be executive director of the PERA and further in- dicated that there are some irregularities in his appointment. COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 84';"27, A RESOLUTION ON THE PUBLIC EMPLOYEE RETIREMENT SYSTEM, SUPPORTING THE LEAGUE OF MINNESOTA CITIES' REQUEST FOR AN INVESTIGATION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 15~. Squad Cars The City Administrator indicated that the City has advertised for bids for squad cars for calendar year 1985. The City Administrator indicated that the City received two bids; one from Country Chrysler and one from Elk River Ford. The City Administrator indicated that the 1982 Fords would be traded and replaced by the 1985 squad cars. City Council Minutes October 15, 1984 Page Seven The City Administrator indicated that one 1983 squad would become an unmarked car and one 1983 squad would be transferred to the Building and Zoning Department. The City Administrator indicated that Elk River Ford submitted the lowest bid and a bid bond, therefore, it was recommended that the City Council authorize the purchase of two 1985 squad cars from Elk River Ford. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE PURCHASE OF TWO (2) 1985 SQUAD CARS FROM ELK RIVER FORD. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. Discussion was carried on regarding the mileage on the Bronco. It was the consensus of the City Council that the Police Department acknowledge the City Council's desire to keep the mileage down on the Bronco. 16. Police Department Complaint Procedure Policy Mayor Hinkle indicated that the State of Minnesota in recent legislation has required that the police departments adopt a procedure manual specifying what procedures and policies the department follows in a variety of circumstances. Mayor Hinkle in- dicated that a part of the procedure manual deals with investigation regarding employee misconduct or complaints against police department employees. Mayor Hinkle indicated that Police Chief Tom Zerwas has prepared an investigation and complaint procedure policy for the City of Elk River Police Department. Mayor Hinkle indicated that Chief Zerwas prepared the procedure and process portion of the manual after extensive review of other procedures and policies used by other police departments in the State of Minnesota. General discussion was carried on regarding the procedure for investigations of misconduct and allegations of major violations. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE POLICE DEPARTMENT'S COMPLAINT PROCEDURE AND POLICY AS PART OF THE PROCEDURE MANUAL FOR THE CITY OF ELK RIVER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 17. Resolution Regarding Appointment of Election Judges and Establishing Salaries COUNCILMEMBER GUNKEL MOVED TO APPROVE A RESOLUTION APPOINTI!NG ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD NOVEMBER 6, 1984 AND ESTABLISHING A RATE OF PAY. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 18. Administrator's Update A. Lions' Park The City Administrator indicated that the City's Street Department is working on the park. The City Administrator indicated that the area is rototilled and will be planted with grass seed in November, and further indicated that the Lions will be planting a number of trees in the park area. The City Administra- tor indicated that after some fine tuning, that would be the extent of the construction for the year 1984. The City Administrator further indicated that it is advised that the City hold up on the development of the pathways in the area until a grant application can be submitted for 1985. r- City Council Minutes October 15. 1984 Page Eight . B. East Main Street Improvements The City Administrator indicated that the sidewalk! is almost in place along Main Street and further indicated that the retainitg wall on the Kretsch and Pica property will be removed. The City Administr tor further indicated that two elms will have to be removed from the Kretsch roperty and will be replaced by two other trees. The City Administrator indicated that the project is essentially finished. with followup punch list type items to be completed. C. Municipal Facilities Referendum . The City Administrator indicated that a mailing was sent out under the Mayor's signature to all the residents in the City regarding the municipal facilities referendum. The City Administrator further indicated that there has been a number of articles in the local newspaper regarding the municipal facilities and Mr. Jack Boarman is working on another newsletter which is expected to go out to the citizens the last week in October. The City Administrator requested that Councilmembers contact members of the Advisory Committee in their respec- tive wards to contact voters regarding the municipal referendum. Councilmember Gunkel indicated that she felt the City Council and the Citizen's Advisory Committee could present the information to the voters without influencing their vote. It was the consensus that Councilmember Duitsman would not partici- pate in the contacting of the Citizen's Advisory Committee and Mayor Hinkle would contact those members in Ward 2. D. Utilities Commission The City Administrator requested that the City Council meet with the Utilities Commission regarding space. costs and various other issues relative to the municipal facilities referendum. It was the consensus that the City Council would meet with the Utilities Commission on October 18th at 7:30 p.m. to discuss various issues relative to the municipal facilities referendum. Councilmember Duitsman indicated that in his discussion with the Fire Chief, the Fire Chief indicated that adoption of the State Fire Code was not necessary. Councilmember Duitsman indicated that the Fire Chief has the 'authority to bring in the Fire Marshall if necessary and therefore,. was supportive of the Fire Chief's recommendation. E. Planning Commission Minutes Councilmember Gunkel indicated that the recognition of Marty Tracy has not been done and requested that that official recognition be scheduled. It was the consensus that recognition of Marty Tracy wouilld be done at the October 22nd City Council meeting. Councilmember Gunkel further indicated that she felt the City Council should have a joint meeting with the Planning Commission to discuss various issues that appear to be of concern to the Planning Com- mission. . Councilmember Duitsman indicated that he would like minutes of the City Council committee meetings, specifically, those meetings that involve action taken by the City Council. r City Council Minutes October 15, 1984 Page Nine .19. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE OCTOBER 15. 1984 CHECK REGISTER. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 20. Tentative Agenda Recognition of Marty Tracy and the Heavenly Hills assessment hearing are scheduled for the October 22nd City Council meeting. There being no further business, COUNCILMEMBER GUNKEL MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. Res.pe~tfullY sUbmitted~L (J /1 I1.VJ I . ,,;;:;_11/ co I qC-CdALJ U(/n~;) Phyllis BOedigheimerJ1 City Clerk/Treasurer PB:dk