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05-04-1981 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MAY 4, 1981 1 Members Present: Mayor Hinkle, Councilmembers Schuldt, Toth and Duitsman Members Absent: CO'lJucilman Engstrom 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Itemll-C, League of Cities information, was added to the May 4, 1981 City Council Agenda. COUNCILMAN TOTHMOVED APPROVAL OF THE MAY 4, 1981 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes Mayor Hinkle requested the minutes be amended as follows: Number 11, Gopher Bounty - The township paid 25~ for the gopher bounty and that the County could reimburse the City 25~ for gopher bounty. COUNCILMAN SCHULDT MOVED APPROVAL OF THE MINUTES OF THE APRIL 20, 1981 CITY COUNCIL MEETING AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. Bid for the 1958 Fire Truck Mayor Hinkle indicated that bids had been received on the fire truck, the highest bid submitted at $3,500. and further indicated that he felt the fire truck was of more value to the City than the bid submitted of $3,500. Mayor Hinkle questioned the City's attorney, Dave Sellergren, as to the possibility of rejecting the bids received. Mr. Sellergren explained that the advertisement for the bids for the fire truck did not include a right for rejection in the publication but further indicated that, according to court law, the City has a right to reject all bids as the request for bids is a solicitation. Mr. Sellergren further indicated that the Supreme Court, in 1934, ruled that a municipality has the right to reject bids. Councilman Toth indicated that the Council was not satisfied with the bids received for the 1958 fire truck. COUNCILMAN TOTH MOVED TO REJECT ALL BIDS RECEIVED FOR THE 1958 FIRE TRUCK. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Gene Kreuser Request for Zone Change Mayor Hinkle indicated that Mr. Kreuser 'had requested a zone change for approximate- ly five lots currently zoned R-2 in the southwest corner of the intersection of 3rd Street and Evans Avenue, to a R-3 zoning. Lola Driessen, Mrs. Sederberg, Mr. Ernie Slanga, Sandra Ray, Peggy Bode and Mr. Tony Hipp were present to express their favoritism or'opp~ition to the zone request and to ask questions of the de- veloper concerning the project. Mrs. Driessen expressed her concern of the water runoff and drainage problem in the area if the townhouse project was developed. Mrs. Sederberg questioned whether her property would be included in the rezoning May 4, 1981 Page Two what the cost of the homes would be, and what type of people would most likely purchase the townhouses. Mrs. Sederberg expressed her concern of her area being rezoned and the concern that the immediate area involved remain a family oriented community. Mr. Ernie Slanga and Sandra Ray also expressed their concern over the drainage problem. Mrs. Bode questioned the developer regarding the landscaping of the property. Mr. Tony Hipp expressed his support of the rezoning to allow the townhouse pro- ject Mr. Kreuser has proposed. Mr. Hipp indicated that Mr. Kreuser had contacted most of the residents in the area to explain his project and ask for their opin- ions and cooperation. Mr. Hipp indicated that the majority of the citizens were either in favor or had no opinion of the project. Mr. Hipp further indicated that Mr. Kreuser was a quality builder and that the development would contribute to the community. Mr. Kreuser explained that the elevations would be cut to allow for proper drain- age toward 3rd Street. Mr. Kreuser described his proposed townhouse project in- cluding approximate costs, design and landscaping. Mr. Ernie Slanga indicated that Mr. Kreuser could build duplexes which are rental units on the property as it is presently zoned, and further indicated that he sup- ported the zone change to allow for individually owned townhouses. Councilman Duitsman indicated that it was the Council's plan to rezone some of the area de- pendent upon whether a street could join the downtown with the planned unit develop- ment area. Councilman Toth indicateg that he had discussed the proposed project with citizens in the area and that ~theiI:") primary concern was whether that project would be a buf- fer to the planned unit development zoning. Councilman Toth also expressed his awareness of Mr. Kreuser's reputation as a quality builder, but did express his concern if the project didn't go. Mr. Kreuser indicated that he did have the fi- nancing for the project and was prepared to start with the construction as soon as possible. Mr. D<=1-ve Sellergren, attorney for the City, indicated that the area would have to be replatted to allow for the townhouse project. COUNC]LMAN.DUITSMAN MOVED TO. APPROVE. THE REQUEST BY MR. KREUSER FOR A ZONE CHANGE FROM~R-2 TOANR~3 ZONING FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF THIRD STREET AND EVANS AVENUE. COUNCILMAN SCHULDT SECONDED THE MOTION~ THE MOTION PASSED 4-0. 7. Mr. L!oyd Anderson Request for Zone Change Mayor iHinkle indicated that Mr. Lloyd Anderson has requested that a parcel of property at 907 Main Street be rezoned from its current zoning of R-1C, Single- family Residential, to C~2, General Commercial. Mr. Lloyd Anderson indicated that he requested the zone change to accomodate the offices of Skurdal Title in the present building. Mr. Skurdal was present to May 4, 1981 Page Tl)ree express his need and desire for the specific property and requested the Council to support the zone change. Mr. Don Norris and Mr. Jerry Smith also expressed their support of the zone change, indicating that the City was in need of this type of commercial area adjoining the presently commercial zoned area. Mrs. Evelyn Donais expre$sed her concerns as to what the area would and could be used for and expresf:ed her opposition to the zone change request. Mrs. Donais questioned how the tax base would affect her residential property and what aS$urance she had that the use proposed would remain. Dr. Sommer. indicated that if the zone change request was granted, all of the adjoining residental properties would be forced to realize that additional zone changes could happen. Mr. Dave Sellergren, attorney for the City, indicated that the Council would be hard-pressed to deny other zone changes requested for other properties in the area and further indicated that this zone change would set a precident for the area. Councilman Schuldt expressed his opposition to the zone change request and fur- ther indicated that he could not support the rezoning in a piece meal fashion. Councilman Toth indicated that he felt the downtown development area needed room for growth and the pattern for growth would be the expansion of the area adjoin- ing the commercial area. Councilman Duitsman indicated his support of Council- man Toth and further expressed his opinion that the growth of the downtown should be in an orderly manner. Dr. Sommer, questioned the possibility of streets providing boundaries to zoning districts. Mr. Dave Sellergren indicated that streets can be and are generally considered natural boundaries in zoning districts. COUNCILMAN SCHULDT MOVED TO DENY THE ZONE CHANGE REQUEST BY MR. LLOYD ANDERSON FOR A PARCEL OF PROPERTY LOCATED AT 907 MAIN STREET FROM AN R1-C ZONING TO A C-2 ZONING. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION FAILED 1-3. MAYOR HINKLE, COUNCILMAN DUITSMAN AND COUNCILMAN TOTH OPPOSED. COUNCILMAN DUITS- MAN MOVED TO GRANT THE REZONE REQUEST BY MR. LLOYD ANDERSON FOR A PARCEL OF PROPERTY AT 907 MAIN STREET FROM AN R1-C ZONING TO A C-2 ZONING. COUNCILMAN MAN TOTH SECONDED THE MOTION. THE MOTION FAILED 3-1. COUNCILMAN SCHULDT OPPOSED. 8. Richard Wagner's.Request for a 3.2 Malt Liquor License-Women's Softball Tournament The Deputy City Clerk indicated that the application for a 3.2 malt liquor license was requested for May 30th and 31st at the location of the softball field for a softball tournament. Councilman Schuldt questioned the issuance of the license for both softball fields. The City Attorney, Mr. Dave Sellergren, indicated that one temporary license could be issued to one operator and that the issue of two locations need not be considered. May 4, 1981 P age Four COUNCILMA DUITSMAN MOVED TO APPROVE THE REQUEST OF RICHARD WAGNER FOR A TEMPORARY 3.2 MALT LIQUOR LICENSE. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. City Beautification Committee Report Dr. Jarmoluk, Mr. Dan Anderson and Mag Johnson were present to present three proposed projects for city beautification to the City Council. The first project suggested was the clean up and removal of dead wood, brush, glass, paper and debris from the state land along Highway #10, and to repair and paint the Elk River sign. Mayor Hinkle indicated that the Minnesota Department of Transportation had been contacted regarding the approval and authorization to clean up the state land along 'Highway #10. Dr. Jarmoluk indicated that they had a group of volunteers organized to go into the area to clean up and pick up the debris, dead wood and brush. COUNCILMAN TOTHMOVED TO APPROVE PROJECT NUMBER ONE, SUGGESTED BY THE CITY BEAUTIFICATION.CO'MMITTEE. COUNCILMAN. DUITSMAN SECONDED. THE MOTION. THE MOTION PASSED.3-0. Mr. Dan Anderson indicated that project number 2 consisted of repair and clean up of the City Park downtown bounded by Jackson, Main and Highway #10. Mr. Dan Anderson indicated the third project suggested by the City Beautification Com- mittee was the clean up and repair of the downtown parking lot located between the Henning building and King Avenue south of Highway 1110. It was the concensus of the City Council that the City Beautification Committee prepare cost estimates on the second and third projects and present them to the City Council at their next scheduled meeting. 10. Appointment. of Building.. an Zoning Administrator Mayor Hinkle indicated that a letter of acceptance to the position of building and zoning administrator has been received from Rick Breezee. COUNCILMAN SCHULDT MOVED TO APPOINT RICK BREEZEE TO THE POSITION OF BUILDING AND. ZONING ADMINISTRATOR. COUNCILMAN TOTH. SECONDED. THE MOTION. THE MOTION PASSED. 3-0. Mr. Tony Hipp questioned the duties of the building and zoning administrator. Mayor Hinkle indicated that the duties would consist of the enforcement of the state building code, inspection of construction and buildings, and working with the Planning Commission. 11. AdministrativeUpdate A. Consider Meeting Date for Review of Financial Consultanrs Recommendations A special City Council. meeting was set for Wednesday, May 6th, 1981 at 7:30 p.m. at the City Hall to review the financial consultant's recommendations for the bond sale. May 4, 1981 Page Five Councilman Duitsman requested that representatives from McCombs-Knutson and Assoc. be present to discuss their engineering fees. B. Meeting place for May 18th, 1981 City Council meeting .,1 The Deputy City~Clerk indicated that seven public hearings were scheduled for the May 18th, 1981 City Council meeting and further indicated that the school facilities were not available for the May 18th date. It was the concensus of the City Council that the meeting be held at the library as published and scheduled. C. League of Cities Inf6tmation Mayor Hinkle indicated that according to information from the League of Cities, a bill regulating tax increment financing had passed the state Senate Tax Committee and would be on the Senate floor. Mayor Hinkle further indicated that the League of Cities requested elected officials to contact their state senator to verbalize their opposition to the tax bill. 12. Check Register COUNCILMAN TOTHMOVED'TOAPPROVETHE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE 'MOTION~' THE MOTION 'PASSED' 3-0. 13. TentativeAgenda The City Beautification Committee report, the Dutch Elm Program and Dan Anderson's conditional use permit are all items tentatively scheduled for the May 18th, 1981 City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN SCHUDLT SECONDED THE MOTION ~ THE MOTION PASSED 3-0. Respectfully Submitted, O~B;, {]~~ Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dkk