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11-19-1984 CC MIN r- . REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, NOVEMBER:..l~~ 1984 Members Present: Mayor Hinkle, Councilmembers, Schuldt, Engstrom, Duitsman and Gunkel Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Councilmember Gunkel asked that consideration of minutes for the November 8, 1984 Canvassing Board be added to the Agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. November 5, 1984 City Council Meeting Minutes Councilmember Gunkel asked that Item #3 in the November 5th minutes be changed to reflect that Mayor Hinkle, not Councilmember Gunkel, asked for a correction in Item #8 of the October 15th minutes. In Item #9, discussion of the rural tax ratio, in the second paragraph, Mayor Hinkle asked that the word "insurance" be inserted as it referred to rates related to fire protection. COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE MINUTES OF THE NOVEMBER 5, 1984 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 3k 2 . November 8, 1984 Canvassing Board Minutes Mayor Hinkle questioned the fact that two of the canvassing board members were also candidates in the election results being reviewed. It was the Council consensus that the results as presented in the canvassing board minutes were accurate and that the actions of the canvassing board should be confirmed by the entire City Counc~l. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE NOVEMBER 6TH ELECTION DAY RESULTS AS INDICATED IN THE NOVEMBER 8, 1984 CANVASSING BOARD MINUTES AND TO CONFIRM THE ACTION OF THE CANVASSING BOARD. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Mr. Cliff Lundberg was present to address the City Council regarding the Heavenly Hills assessment. Lundberg asked that the City Council declare the upcoming November 26th Heavenly Hills assessment reconsideration a continuation of the Council's original public hearing on the Heavenly Hills assessment. Mayor Hinkle indicated that the original Council action had been properly concluded and that the public hearing had been closed and minutes of the meeting already approved. Mr. Lundberg indicated his concern that he would need to file two appeals in the absence of the Council action he requested. ~ . . City Council Minutes November 19, 1984 Page Two Mr. Jim Tralle was present in the audience and asked if the Council action at the upcoming Novmeber 26th consideration of the Heavenly Hills assessment would permit an additional 30-day period to prepay assessments without interest. The Administrator indicated that he thought it would but would check for sure and re- spond to Mr. Tralle's request. Councilmember Duitsman indicated his unwillingness to approve a motion which would give up any of the City's rights as requested by Lundberg. Lundberg submitted an appeal to the Heavenly Hills assessment as adopted by the City Council to Mayor Hinkle. The appeal was entered into the City's record. Lundberg asked if at or before the November 26th consideration of the Heavenly Hills assessment by the Council. new letters to preserve the right to appeal in district court would need to be submitted by individuals in the Heavenly Hills area. The City Administrator indicated that the City attorney felt that it would be necessary and recommended that Lundberg take that action. 5. Nickerson Administrative Subdivision Councilmember Gunkel reviewed the administrative subdivision request by Mrs. Vira Nickerson of 426 3rd Street in Elk River. Mrs. Nickerson is requesting an administrative subdivision to enable a property split of a parcel 15 feet by 165 feet which would be added to an adjacent parcel on 3rd Street. The staff recommendation was to approve the administrative subdivision. The City Administrator added that the property in question will be subject to City Council consideration of a rezoning in the upcoming weeks. The Administrator indicated that the zone is currently R-2. two Family Residential, and a request to change the zoning to R-3 Townhouse would be made to the Planning Commission and City Council. . Mayor Hinkle declared the public hearing open. Cliff Lundberg. representing Mr. Gene Kreuser, indicated that Mr. Kreuser intended to build a six-unit apartment building on the site in question and asked how assessments for the 15 foot by 165 foot parcel would be treated by the City. The City Administrator indicated that the parcel being split was such a very small percentage of the total 11.84 acres owned by Mrs. Nickerson, that to split an assessment for that individual parcel would be meaningless and cost more for the City to accomplish than the actual assessment. The Administrator indicated that it would be best if the b~yer and seller would simply agree that assessments on the original parcels as constituted in the area would remain and there would be no affect on those assessments as a result of the property division requested by Nickerson. The Administrator further indicated that the buyer and seller could arrange any necessary compensation for the assessment as part of the transaction for the property between themselves and therefore, not involve the City and require that a separate assessment be created for the 15 by 165 foot parcel. The Council's consensus was that the Administrator's recommendation for the treat- ment of the assessment was acceptable. r City Council Minutes November 19, 1984 Page Three . Mayor Hinkle declared the public hearing closed. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION TO ALLOW MRS. NICKERSON TO SPLIT A 15 BY 165 FOOT PARCEL AND TO ADD IT TO THAT PROPERTY WHICH SHE CURRENTLY OWNS ON THE NORTH SIDE OF 3RD STREET, BEING A PART OF AUDITOR'S SUBDIVISION #5, LOT 4. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4~0. 6. Hastings Variance Request Planning Commission Chairman, James Tralle was present at the Council meeting and introduced this item for the Councilmembers and audience. Mr. Tralle indicated that Mr. Robert Hastings of 15260 Cleveland Street, had requested a variance from the City's minimum lot size to permit the establishment of three lots of 2.3, 1.8 and 1.68 acres in size respectively, while the City's requirement was 2~ acres. Mr. Tralle indicated that the Planning Commission had reviewed Mr. Hastings' request and conducted a public.hearing, and after consideration, recom- mended denial. Mr. Tralle further indicated that during the discussion, some concern was raised regarding the propriety of 2~ acre lots on riverfront property within the City of Elk River. The Planning Commission had directed the staff to conduct research into creating new or different zoning options to deal with this problem. . The Building and Zoning Administrator, Rick Breezee, was present at the meeting and indicated Mr. Robert Hastings had contacted him to express his support for the variance and also to inform Mr. Breezee that it would not be possible for him to be present at the Council consideration of his variance request due to other commitments. Mayor Hinkle declared the public hearing open and asked for any interested parties to address the issue. There being no one present, Mayor Hinkle declared the public hearing closed. COUNCILMEMBER SCHULDT MOVED TO DENY THE HASTINGS VARIANCE REQUEST, INASMUCH AS THE NECESSARY FINDINGS PER THE CITY'S ZONING ORDINANCE COULD NOT BE MADE IN THE AFFIRMATIVE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4":'0. COUNCILMEMBER DUITSMAN. OPPOSED. 7. Cowles Administrative Subdivision Request . Councilmember Duitsman introduced the Cowles' request for an administrative sub- division for the Councilmembers. Councilmember Duitsman indicated that George Cowles of 19731 Rush Street, has requested an administrative subdivision to enable him to divide one existing parcel which presently contained two buildings into 2 one-acre parcels with one building on each resulting parcel created. Councilmember Duitsman indicated that the staff recommended approval and that it had been recommended that access to the property through easements shown on Mr. Cowles' site map be subject to a private road agreement between Mr. Cowles and the City of Elk River. Mayor Hinkle declared the public hearing open and asked for comments on the item. r- . . . City Council Minutes November 19, 1984 Page Four There being no comments and no one wishing to speak on the item, Mayor Hinkle declared the public hearing closed. Councilmember Engstrom indicated that he felt the easement recommended by the staff was a necessity and the arrangement as proposed by Mr. Cowles made sense. Councilmember Schuldt indicated that it would be appropriate for the private road agreement to reflect a responsibility on Mr. Cowles' part to provide the necessary maintenance for the easements shown on Mr. Cowles' site map. The City Administrator indicated that the City's standard private road agreement had a provision which required the owner of the property in question to maintain any easements covered under the private road agreement. COUNCILMEMBER DUITSMAN MOVED TO APPROVE MR. COWLES' ADMINISTRATIVE SUBDIVISION REQUEST AS MADE, WITH THE PROVISION THAT MR. COWLES ENTER INTO A PRIVATE ROAD AGREEMENT WITH THE CITY OF ELK RIVER TO PROVIDE LEGAL ACCESS TO PARCEL "A" WITH EASEMENTS TO THE NORTH AND SOUTH OF THE PROPERTY IN QUESTION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Barrington Place Street Light Improvement Project The City Administrator informed the members of the Council that new information had been developed regarding a proposed street light improvement project in the Barrington Place Addition. The Administrator reviewed the contents of a memoran- dum from the Utilities Superintendent, Mr. Edson Stansfield, with revised costs and materials for the improvement originally requested by the Barrington Place addition residents. The Administrator also presented a revised petition from the board of directors of the Barrington Place Addition, indicating their support of the revised materials and improvement costs. The City Administrator informed the Council that with the current cost projections and also the support of the residents in question, it would be possible for the City Council to order the completion of the improvement. COUNCILMEMBER ENGSTROM MOVED TO ORDER THE COMPLETION OF A STREET LIGHT IMPROVEMENT PROJECT IN THE BARRINGTON PLACE ADDITION, INASMUCH AS 100 PERCENT OF THE AFFECTED PROPERTY OWNERS HAVE PETITIONED THE CITY OF ELK RIVER TO COMPLETE THE PROJECT AND REQUESTED THEIR WILLINGNESS TO WAIVE THEIR RIGHT TO A PUBLIC HEARING, AND THAT THE PROJECT BE COMPLETED PURSUANT TO INFORMATION SUBMITTED BY MR. EDSON STANSFIELD, THEUTILITIES SUPERINTENDENT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE INSTALLATION OF AN ADDITIONAL LIGHT POLE TO THE NORTH OF THE PROJECT AREA UPON PROPER RECEIPT OF A PETITION FROM THE AFFECTED PROPERTY, MR. LYLE McGLOUGHLIN UNDER THE SAME TERMS AND CONDITIONS AS PROPOSED BY MR. STANSFIELD FOR THE THREE LIGHTS TO BE INSTALLED IN THE BARRINGTON PLACE ADDITION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Traffic Signing Changes The City Council reviewed a staff request to make three traffic signing changes within the City of Elk River. Tn the change requested at the intersection of Irving and 4th Street regarding removing a stop sign, Councilmember Duitsman indicated that he felt the sign wouIn City Council Minutes November 19, 1984 Page Five be necessary at the intersection in question, until the construction of Highway #10 was completed in 1985. It was the Council consensus that the sign should be left in place until after the reconstruction of Highway #10 is completed. At the intersection of Morton and 4th Street, the Street Superintendent and Police Chief have recommended the installation of a stop sign which the Council agreed was appropriate. COUNCILMEMBER ENGSTROM MOVED THAT A STOP SIGN BE INSTALLED AT THE INTERSECTION OF MORTON AND 4TH STREET, STOPPING TRAFFIC TRAVELLING NORTHBOUND ON MORTON. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. At the intersection of 194th Avenue and Lowell, the staff had recommended that the yield signs be removed from Lowell Avenue to 194th Avenue, therefore, persons approach- ing the intersection from 194th would yield to traffic travelling along Lowell Avenue. COUNCILMEMBERDUITSMAN MOVED APPROVAL OF A CHANGE IN THE TRAFFIC SIGNS AT THE INTER- SECTION OF 194TH AVENUE AND LOWELL STREET, SUCH THAT EXISTING SIGNS REQUIRING TRAFFIC TO YIELD ON LOWELL STREET BE REMOVED SO THAT TRAFFIC TRAVELLING WEST ON 194TH STREET WOULD BE REQUIRED TO YIELD. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THEMOTION PASSED 4-0. 10. Police Officer Hiring The City Council reviewed a request by the Chief of Police to hire Mr. Dennis Johnson as a police officer for the City of Elk River. The Chief of Police indicated that Mr. Johnson had been one of 162 applicants which had been thoroughly tested by the City. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE HIRING OF MR. DENNIS JOHNSON AS A POLICE OFFICER FOR THE CITY OF Elk RIVER. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Pay Estimate #1. for Watermain Construction COUNCILMEMBER DUITSMAN MOVED APPROVAL OF PAY ESTIMATE #1 TO LATOUR CONSTRUCTION IN THE AMOUNT OF $50,550.97 FOR WORK RELATED TO WATERMAIN CONSTRUCTION FROM FREEPORT AVENUE TO DODGE AVENUE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Pay Estimate #4 for.East Main. Street Improvement Project COUNCILMEMBER GUNKEL. MOVED APPROVAL OF PAY ESTIMATE #4 TO NORTHDALE CONSTRUCTION IN THE AMOUNT OF $62,829.06 FOR WORK RELATED TO THE EAST MAIN STREET IMPROVEMENT PROJECT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Mayor Hinkle asked about restoration costs in the project and where the City was responsible for restoration. The City Administrator indicated that all costs for restoration were included in the original project estimates and in the pay estimates approved by the City Council to date, and that the City had an obligation to restore all property disturbed as a result of the construction to equal or better condition, regardless of whether or not the property was within City right-of-way. C~ty Counc~l M~nutes November 19, 1984 ;l;'gge $:Lx 13. Camp Cozy 5th Addition Road Right-of-way Plat 111 Correction Mr. John Oliver was present to review the correction certificate for the City Councilts information. COUNCILMEMBER ENGSTROM MOVED APPROVAL OF THE CORRECTION CERTIFICATE RECOMMENDED ~y MR. JOHN OLIVER IN THE CAMP COZY 5TH ADDITION ROAD RIGHT-OF-WAY PLAT #1. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Administrator's Update A. Anoka County Refuse Ordinance The City Administrator distributed a copy of the refuse ordinance recently passed by Anoka County relative to landfills and landfill fees. B. Meeting with UPA Regarding Refuse Burning Facility in Elk River The Administrator informed the Council that as advertised and per mailed notice, the Council will be meeting on Tuesday, November 20th, at UPA in a special session to consider ~nformation presented by UPA regarding a pro- posed refuse-derived burning facility in the City of Elk River. C. Cable Television The Administrator indicated that at the present time, the SWC4 was attempting to identify potential users of the City's future cable system for the purpose of determining where various pieces of production equipment and where facil- ities should be lOcated. The Administrator asked that any groups which the Council was aware of that might have an interest in cable television access, be directed to the SWC4 for inclusion in the process. D. Municipal Facilities .' The Administrator questioned the City eoimciLon:wnatfarthet' acti€lns the" Council desired to take regarding the municipal facilities recently subjected to a referendum vote of the City. The Council indicated that because of the close vote and the amount of support indicated, that future actions appeared to be warranted on the facilities question. Mayor Hinkle indicated his con- cern about automatically extending the contract of the City's architect for the facilities proposal without first discussing the matter in some detail with other members of the City Council in a committee session. The Council also indicated that they wished to have the results of a public survey to be completed in the City's newsletter prior to meeting with Mr. Boarman so as to have a better feel for the public's perception on the referendum question and any changes they might deem necessary. E. Industrial Park Expansion Mr: John Oliver informed the Councilmembers that there were plans by both Tescom and Alltool, who currently are tennants in the Industrial Park, to undergo significant expansions to their facilities. Mr. Oliver indicated that the efforts to expand Alltool, in order to be successful, required r- City CQuncil Minutes November 19, 1984 Page Seven . certain information from the City regarding improvements to the Industrial Park. The Council consensus was to authorize the City Administrator and City Engineer to perform the necessary work on improvements to the undeveloped portion of the Industrial Park so as to facilitate the plans of Alltool and Tescom for expansion. There being no further business, COUNCILMEMBER GUNKEL MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 4S1~.bmi~, .. ~y;~ <f Robert C. Middaugh City Administrator .i RCM:dk