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04-20-1981 CC MIN ~ REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY APRIL 20, 1981 Members Present: Mayor Hinkle, Counci1members Schuldt, Engstrbm, Toth and Duitsman Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 5~, the Soil Conservation Service Agreement, Item 10~, the Softball Asso- ciation Application for a 3.2 Beer License, and 11~, Scheduling of a Finance Committee Meeting,.were added to the April 20, 1981 City Council Agenda. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE RIL 20, 1981 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE COUNCIL MEETING. COUNCILMAN ENGSTROM SECO INUTES OF THE APRIL 6, 1981 CITY ED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike A. Mr. Don Schumacher, Chairman of the H , was present to request the City Council to authorize funding for a stu y by Zack Johnson for the HRA regarding a downtown redevelopment plan. Mr. Sc umacher indicated that the study would cost approximately $10,000 to $15, 00. Mr. Schumacher suggested that the funding come from 1981 revenues or by he issuance of a tax anticipation certificate, of which would be paid wi h 1982 general revenues or a ~ mil special levy tax. Discussion was carr.ed on as to whether the ~ mil special levy tax would be for the whole city 0 certain districts affected by the redevelopment project. It was the con ens us of the City Council that the City's attorney give an opinion regard.ng the ~ mil special tax levy. Councilman Duitsman indicated that he ou1d recommend the City Council provide funding up to $10,000 for a study of t e downtown redevelopment area and that the funding needed come from gene a1 revenues in 1982, or a special levy for a specific area, with the issuance of tax anticipation certificates in 1981. Wally Fox questioned the two previous value they could be to this proposed s the proposed study by Zack Johnson wou off and develop a specific plan, block regard to traffic flows and the overa1 indicated that the previous studies we included other developments for the Ci study would focus in on the specific a tudies that have been done and what udy. Don Schumacher indicated that d pick up where the the studies left by block, for the downtown area, with downtown. Mr. Schumacher further e done with a much broader scope and y of Elk River and that this proposed ea of the downtown. Councilman Duitsman indicated that the redevelopment of the downtown and unti developer can not come in and get star specific area to be included in the p1 west, both sides of the tracks, east t Duitsman asked that the study also con HRA does not have a master plan for the a master plan has been accepted, a ed. Mr. Schumacher indicated that the n would be from Lowell Avenue on the Highway #10 and Main Street. Councilman ider a corridor to the PUD on Highway #169 Page Two April 20, 1981 Councilman Engstrom asked that the pro osal from Zack Johnson specifically explain what information the study wil provide. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY TO ISSUE TAX ANT CIPATION CERTIFICATES FOR A DOWNTOWN REDEVELOPMENT STUDY. COUNCILMAN TOTH ECONDED THE MOTION. THE MOTION PASSED 4-0 B. Mr. VandenBerge appeared before the Ci y Council to request that the City Council adopt an ordinance regulating raffic in the downtown area. Mr. Van- denBerge indicated that the City, at t e present time, does not have an ordi- nance prohibiting U-turns, backing out from a parking space crossing the street and proceeding in the opposite irection, or, coming into a parking space from the wrong direction. The C.ty Administrator indicated that the State has traffic laws of which the Ci y enforces and further indicated that the City could adopt an ordinance that would address the problem Mr. Vanden- Berge stated. Councilman Toth asked i there was a State law prohibiting an ordinance addressing the problems disc ssed. The City Administrator indicated that the State laws have not addressed this particular problem and further suggested that the City Council consid r these situations at the time of the review and adoption of the City Code. Councilman Schuldt suggested that the City Administrator review the State St tutes and determine what type of ord- inance the City needs to address the d wntown traffic problems. 5. Feasibilit Report for School Street and Related Storm Draina e Mr. Terry Mauer; of Consulting Engineers iversified, Inc. was present to review and discuss the feasibility report for the storm drainage, street and sidewalk improvements for the School Street area. r. Mauer reviewed the project and costs for the proposed street improvement or School Street, the sidewalk improve- ment along Irving Avenue and the proposed torm drainage improvements for the area. General discussion was carried on regard in the costs, area benefited and how the costs would be assessed. The requirem nts for the use of Municipal State Aid funds for the street and sidewalk improvem nts were also discussed. COUNCILMAN ENGSTROM MOVED TO ADOPT RESOLUTION 81-14, CCEPTING THE FEASIBILITY REPORT FOR THE STORM DRAINAGE, STREET AND SIDEWALK I ROVEMENTS FOR THE SCHOOL STREET AREA, AND ORDERING A PUBLIC HEARING. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 5~. Soil Conservation Service Agreement Mr. Bill Harju, of the Soil Conservation S rvice, was present to request the City to enter into a cost-sharing agreement wit the Sherburne County Soil and Water Conservation District to repair a soil ero ion ditch on a City drainage easement on the southside of Riverview Drive. Mr. arju indicated that the Soil Conservation office had been contacted by the adjoining property owners requesting repair of the washout and further indicated that the estimated cost of the repair work could be up to $8,000. Mr. Harju indicated that the Sherburne County Soil and Water Conservation District would pay 75% of the cost or up to $4,000. Mr. Harju in- dicated that the engineers recommended tha a drop pipe and sod be placed down the drainage easement. It was suggested t at the cost of concrete pipe be com- pared to the cost of corrigated pipe. CO CILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO A COST-SH RING AGREEMENT WITH THE SHERBURNE COUNTY SOIL AND WATER CONSERVATION DISTRIC FOR THE REPAIR OF THE WASHOUT IN THE CITY DRAINAGE EASEMENT. COUNCILMAN SCHULD SECONDED THE MOTION. THE MOTION PASSED 4-0. Page Three April 20, 1981 6. Plans and Specifications for Barrington Place Planned Unit Development Mr. Terry Mauer, of Consulting Engineers Diversified, was present to review. discuss and answer any questions the Council may have regarding the plans and specifications for the Barrington Place improvements. Mr. Gary Santwire, developer of the Barrington Place Planned Unit Development, questioned the possibility of requesting an alternate bid for the commercial area only. General discussion was carried on regarding the phasing of the project and the influence phasing of the project may have on the total cost. Including the improvement of the dip in Elk Hills Drive was also discussed. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 81-15. APPROVING THE PLANS AND SPECIFICATIONS FOR THE BARRINGTON PLACE PLANNED UNIT DE- VELOPMENT AND ORDERING THE ADVERTISEMENT FOR BIDS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Developer's Agreement for Tamarack The City Administrator indicated that the developer's agreement was the standard agreement between the developer and the City. Discussion was carried on regarding the security required of the developer, the completion date of December 1, 1983 for the improvements, and the park improvements to be installed. Councilman Duitsman indicated that the well discussed at a previous meeting was not included in the agreement. The City Administrator indicated that the inclusion of the installation of the well for drinking water was an oversight and would be added to the developer's agreement. Councilman Schuldt questioned the maintenance of the ball fields. The City Administrator explained that the City would own and maintain the fields. COUNCILMAN DUITSMAN APPROVAL OF THE DEVELOPER'S AGREEMENT FOR THE TA.MARACK SUBDIVISION BETWEEN THE CITY OF ELK RIVER AND NDH, INC. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Greenhead Acres Second Addition Lot Line Alteration The City Administrator indicated that Mr. Lloyd Anderson has requested that the lot lines between lots 10 and 11 be redefined to allow for a larger buildable site on lot 11. The City Administrator further indicated that the proposed change added and subtract.ed equal amounts of property from lot 10 and lot 11 and that the new parcels would be identical in size to what is currently platted. COUNCILMAN DUITSMAN MOVED TO APPROVE THE RE-DEFINING OF THE LOT LINE BETWEEN LOTS 10 AND 11 IN GREENHEAD ACRES SECOND ADDITION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Bunker Conditional Use Permit The City Administrator indicated that Laverne and Barbara Bunker had requested a conditional use permit for 360 Holt Avenue to permit the use of the existing residential dwelling as a single-family home in a district currently C2. The City Administrator further indicated that the Planning Commission unanimously approved the conditional use permit and recommended that the City Council grant the conditional use permit to Barbara and Laverne Bunker. COUNCILMAN TOTH MOVED TO GRANT THE CONDITIONAL USE PERMIT TO LAVERNE AND BARBARA BUNKER TO LIVE IN A SINGLE-FAMILY DWELLING LOCATED IN THE C2 ZONE AT 360 HOLT AVENUE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Page Four April 20, 1981 10. LAWCON Grant Application The City Administrator indicated that the City is requesting Council approval for a LAWCON Grant pre-application that would deal with park improvements to the area known as the peat bog. The City Administrator indicated that the Lion's Club would acquire the approximate 20 acres of the peat bog and then donate it to the City, which then would be the City's match to the State's funds for the park development. The City Administrator indicated that the property owner, Mr. Bud Houlton, has been contacted regarding the City's intentions and that Mr. Houlton has agreed with the concept as long as it doesn't conflict with his ultimate goal of developing his property. Mr. Wally Fox, member of the Lion's Club, indicated that the Lion's Club was in favor of an open space park land in the middle of the City and felt that the specific area of the peat bog was a very favorable location. General discussion was carried on as to the type of park proposed. It was the concensus that the area would contain pathways, activity areas, roads, parking, open space, equipment for little children, grills and shelters; basically, a family park area. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY TO SUBMIT A PRE-APPLICATION. FOR A LAWCON GRANT. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10~. Softball Association 3.2 Beer License The City Administrator indicated that the Softball Association has requested a 3.2 beer license to be used Monday through Friday at the softball fields during the summer months only. COUNCILMAN TOTH MOVED TO APPROVE THE 3.2 BEER LICENSE FOR THE SOFTBALL ASSOCIATION. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Gopher Bounty Councilman Engstrom indicated that prior to the consolidation, the Township paid 509 for the gopher bounty, and now after consolidation, the City is paying 259 for the gopher bounty. Councilman Engstrom further indicated that Big Lake pays 509 and Ramsey pays 359 with an anticipated raise. Councilman Engstrom further indicated that he had discussed a subsidy from the County to the City for the gopher bounty with the County Attorney, Mr. MacGibbon, and Mr. MacGibbon indicated that the County could reimburse the City up to 509 for a gopher bounty. COUNCILMAN ENGSTROM MOVED TO AUTHORIZE THE CITY TO PAY 759 PER GOPHER FOR THE GOPHER BOUNTY, WITH THE COUNTY REIMBURSING THE CITY 259 PER GOPHER. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 11~. Finance Committee Meeting Councilman Duitsman suggested the Finance Committee meet Wednesday, April 22 at 8:00 p.m. to discuss the Liquor Store Inventory and the final audit for 1980. 12. Appointment of Building and Zoning Administrator The City Administrator requested the appointment of the Building and Zoning Administrator be postponed until the next City Council meeting. Page Five April 20, 1981 1 13. Administtator's Update A.AdministtatorConference Request The City Administrator requested the City Council authorize his attendance at the Minnesota City Management Association's Spring Conference at Cragun's Resort in Brainerd. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE ATTENDANCE OF THE CITY ADMINISTRATOR AT THE MINNESOTA CITY MANAGEMENT ASSOCIATION'S SPRING CONFERENCE. COUNCILMAN TOTHSECONDED THE MOTION. THE MOTION PASSED 4-0. B. Legislative Activities artdOther Output The City Administrator indicated that he had attended a ,House Committee meeting regarding proposed legislation for the issuartce of Industrial Revenue Bonds and further indicated that the proposed legislation would limit the issuance of Industrial Revenue Bonds to cities of 2500 or less and the cities of Minn- eapolis and St. Paul. The City Administrator indicated that he had discussed the legislation with House Representative Bob McEchearn and expressed the City's opposition to the proposed legislation. The City Administrator indicated that the bill was not brought before the House Committee because the Chairman did not have the votes to support the bill. C. Environmental Quality Board The City Administrator indicated that a new draft of rules and regulations for the Environmental Quality Board has been proposed which would generate a sig- nificant amount of work and additional cost. The City Administrator indicated that the City's Attorney, Dick Nowlen, testified before the EQB requesting that the board review the rules and regulations and to postpone a decision until a later date. 14. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Tentative Agenda The Appointment of a Building and Zoning Administrator and a Report from the City Beautification Committee are items tentatively scheduled for the May 4, 1981 City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, (?0:t1Jp 'f]~L~ Phyllis BOedigheimer- J1 Deputy City Clerk/Treasurer PB:po