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05-18-1981 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MAY 18, 1981 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Toth, and Duitsman Members Absent: None 1. The meeting was called to arder at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item 17F, the League of Cities Conference, and Item 18~, Mr. Lloyd Anderson's Rezaning Request, were added to. the May 18, 1981 City Council Agenda. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE MAY 18, 1981 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF THE MAY 4, 1981 CITY COUNCIL MEETING. COUNCILMANTOTHSECONDEDTHEMOTION. THE MOTION PASSED 4-0. 4. Open Mike A.' Mr. Peter Adolphson requested an explanation from the City Council regarding the request for resignation from his father, Herb Adolphson, as the Building Official and why a new Building Official was hired. Mayor Hinkle explained that the decision to request the resignation from Mr. Adolphson was made by a full Council committee and further explained that the City is in need of a Building Official and therefore proceeded to hire a new person for that position. Cauncilman Duitsman indicated that City Staff employees are there to serve the community and that it was his feeling that Mr. Adolphson did not. Peter Adolphson expressed the fact that his father did not receive the re- cognition for the work he had done on the Orono Dam project as the on-site engineer and inspector. The City Administrator indicated that there was no doubt Mr. Herb Adolphson had the technical competence necessary for the job but that the problem was in the manner the job was accomp~ished. Mr. Peter Adolphson questioned the qualifications of the new inspector hired for the Building Official position. The City Administrator indicated that qualifi- cations are a matter of opinion and that the new City Inspector has the qual- ifications required to do the job far which he is hired. B. Ms. Estelle Gunkel questioned the City Council regarding the Sewer Inter- ceptor line-,along the Dietz PUD property line. Ms. Gunkel indicated that 'it was her concern of the possibility that a street may be allowed along the property line of the PUD and the residential properties and proposed the possibility of the Sewer Interceptor being placed further into. the Dietz ~UD property. Councilman Toth indicated he would be meeting with Mr. Lyle Swanson of McCombs Knutson and Mr. Dietz regarding the placement of the Sewer Inter~ ceptor through the PUD property. The City Administrator indicated that the sewer line was planned to go alang the property line to allow for development in the PUD. Councilman Toth indicated that it is possible that Mr. Dietz may not always own the property in the PUD and something else could be Page Two May 18, 1981 developed which could include the possibility of a road. The City Administrator indicated that that would be a Council decision and that the City Council would not allow a road to be built between the residential area and the Planned Unit Development. 5. June Meeting Dates of the City Council Councilman Duitsman expressed his desire to change the second meeting date to June 22, as he would not be available for the regular scheduled June 15 meeting. Councilman Schuldt expressed his desire to change the regular scheduled meeting of June 1 to another date, as he would not be able to attend the June 1 meeting. It was the concensus of the City Council that the first City Council meeting in June be scheduled for June 9, which is scheduled for the Improvement Bond Sale, and the second City Council meeting to be scheduled June 22. COUNCILMAN SCHULDT MOVED TO APPROVE THE RESCHEDULING OF THE JUNE CITY COUNCIL MEETING DATES TO JUNE 9, 1981 AND JUNE 22, 1981. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Powell Concept for Liquor License Issuance Mr. Reg Powell was present to explain his organization's concept for a proposed recreation building along Highway tHO. Mr. Powell indicated that his organization owned ten acres along Highway #10 and their proposed recreation center would consist of a two-story building, approximately 20,000 square feet, both levels, with downstairs bowling and upstairs gameroom and dancing and a miniature golf course on the outside. Mr. Powell indicated that it would be on the order of the Medina Ballroom or the Blainebrook Bowl. Mr. Powell indicated that the plan was for a 24-lane bowling alley with short order type lunches and meals and further indicated that a ballroom upstairs with a lounge and a lounge and piano bar down- stairs has been proposed. Page Three May 18, 1981 Mayor Hinkle questioned the possibility of banquet facilities and meeting rooms provided. General discussion was carried on regarding parking, the size of the parking lot, and the size of the building. Mr. Powell indicated that his organization wanted some indication from the City Council as to the availability of a liquor license for their establishment. It was the concensus of the City Council that they did not have an objection to the issuance of a liquor license for the proposed establishment. 8. Schroeder Conditional Use Permit The City Administrator indicated that Mr. Harvey Schroeder of 19463 Proctor Road has requested a Conditional Use Permit to allow a home occupation involv- ing the creation of an art studio and further indicated that the Planning Commi- sion has reviewed the Conditional Use request by Mr. Sch~oeder and recommended denial of the Conditional Use request because Mr. Schroeder is unable to comply with the home occupations standards and conditions contained in the City's Zoning Ordinance. The City Administrator indicated that Mr. Schroeder planned to operate his art studio after 8:00 p.m. and also planned to have up to 15 students at a time in his home for art lessons. The City Administrator indicated that the City's Zoning Ordinance requires that home occupations run only from 8:00 a.m. to 8:00 p.m. and that only two customers at a time are allowed on a home occupation premises. The City Administrator indicated that an operation of 15 students should be considered a business and should be in a commercial area. The City Administrator also indicated that Mr. Schroeder did have the support and approval of the neighbors but that the approval of this Conditional Use could set a precedence for other neighborhoods. Mrs. Glen Titrud, Ma~IZ?,.Groegren, Victoria Plude, Lucille Badger, Mr. Steve Davis, and Mary Ann Hg~i~: all expressed their approval of Mr. Schroeder's Con- ditional Use request. General discussion was carried on regarding the type of classes Mr. Schroeder taught, the demand of his type of classes offered, the space he has proposed to hold the classes in, and the cultural refinement these classes offer to the community. Mr. Davis questioned how the approval of this Conditional Use would set a pre- cedence for the community. The City Administrator explained that the Conditional Use provides conditions for the use of the property and the ordinance states that only two customers can be in a home operation at the same time and further ex- plained that if these standards were changed, the whole complexion of the home operation has changed. Mayor Hinkle asked if it was possible to change the ordinance. The City Admin- istrator indicated that the ordinance could be changed if the Council so desired to review the ordinance and recommend a change in the ordinance. Councilman Engstrom indicated that he did not feel this type of business could afford to rent or operate as a business in a commercial area. Councilman Toth suggested that the changing of the language in the ordinance be referred to a City Council c01IlIi1ittee. Mayor Hinkle indicated that review of the ordinance could be referred to a committee of the City Council for recommendation. COUNCILMAN ENGSTROM MOVED TO REFER THE REVIEW OF THE ORDINANCE TO A COMMITTEE OF THE WHOLE OF THE CITY COUNCIL TO DISCUSS THE POSSIBILITY OF REVISING THE ORDINANCE. COUNCILMAN TOTH SECONDED THE MOTION. COUNCILMAN DUITSMAN MOVED TO AMEND THE MOTION TO INCLUDE THE CONTINUANCE OF THE PUBLIC HEARING FOR THE SCHROEDER CONDITIONAL USE REQUEST. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Page Four May 18, 1981 9. Maue Conditional Use Permit Request The City Administrator indicated that Mr. Maue's Conditional Use permit granted October 6, 1980 had expired and that Mr. Maue has reapplied for a Conditional Use permit allowing a temporary trailer home on his property on Tyler Street. The City Administrator further indicated that the Conditional Use permit was reviewed and considered by the Planning Commission and that the Planning Commission's action was to recommend denial of the Conditional Use permit. The City Administrator indicated that the Planning Commissioners were apparently not convinced of the sincerity of Mr. Maue's efforts to construct a single family home on the property. Mr. Dave Brat informed the City Council that another trailer home has been in the area for approximately seven years and has never received a Conditional Use permit. Councilman Toth explained that the City does have ordinances prohibiting trailer houses in residential areas but the City is not always able to enforce the ordinances. Mr. Maue indicated that he had not applied for an extension of the Conditional Use permit because he does not have clear title to the property and is not sure if he will receive title. Mr. Maue further indicated that it is his intention to build a single family dwelling on the property. COUNCILMAN TOTH MOVED TO ISSUE THE CONDITIONAL USE PERMIT TO MR. MAUE TO ALLOW A TRAILER HOME ON HIS PROPERTY ON TYLER STREET FOR A ~ERIOD OF SIX MONTHS BEGINNING JUNE I, 1981 FORA FEE OF $50.00. COUNCIL- MAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN TOTH MOVED TO DIRECT THE CITY ADMINISTRATOR TO GATHER INFORMATION REGARDING THE OTHER TRAILER IN THE AREA AND THE REQUIREMENT OF A CONDITIONAL USE PERMIT FOR THAT TRAILER HOME. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Swanson Variance Request The City Administrator indicated that the Planning Commission must make a recommendation to the City Council before the City Council can take action and further indicated that it was his recommendation to continue the public hearing until the Planning Commission received the information necessary to make a recommendation to the City Council. COUNCILMAN DUITSMAN MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE PLANNING COMMISSION RECOMMENDATION HAS BEEN RECEIVED BY THE CITY COUNCIL. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Midwest Asphalt Conditional Use Permit and Mineral Extraction License Request Mr. Dave Belansky, Representative from Midwest Asphalt, was present to explain the type of operation Midwest Asphalt has proposed for the property and answer any questions the public or City Council may have. Mr. Belansky indicated that Midwest Asphalt's proposed operation is on 221st Avenue, just west of Highway #169, next to other gravel operations in the area, namely C. S. McCrossan and J. L. Shiely. Mr. Belansky further explained that Midwest Asphalt would work with the other operations regarding the finishing and grading of the sites after the ex- cavation of the minerals, and the maintenance of 221st Avenue. Mr. Belansky in- dicated that Midwest Asphalt does not use water in their gravel operation other than for dust control. Mr. Belansky indicated that there were five phases to the project spread over a 20 year period and that three to five years is planned for each phase. Mr. Belansky indicated that a burm would be placed and seeded to hide the equipment from the adjoining areas and further indicated that the final grade established during the rehabilitation would not be a flat surface, but an attempt would be made to provide some variety to the topography, as well as the trans- planting of as many trees as is practical. Page Five May 18, 1981 Mr. Frank Hentges questioned how the materials would be hauled out of the area. Mr. Belansky explained that the materials would be hauled out by truck, east on 221st to Highway #169. The City Administrator explained that the Council could designate haul roads in the Conditional Use permit and also require maintenance repairs of those. roads. The City Administrator also indicated that Mr. and Mrs. Pattee wanted to express their objections to the issuance of the Conditional Use permit to Midwest Asphalt. COUNCILMAN SCHULDT MOVED TO APPROVE THE 20 YEAR CONDITIONAL USE PERMIT TO OPERATE A GRAVEL EXTRACTION FACILITY ON THE PROPERTY IN THE SOUTHEAST CORNER OF THE INTERSECTION OF 221st AVENUE AND THE BURLINGTON NORTHERN RAILROAD TRACKS TO MIDWEST ASPHALT. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN ENGSTROM MOVED TO APPROVE THE MIN- ERAL EXTRACTION LICENSE AND TO AUTHORIZE THE CITY ADMINISTRATOR AND THE CITY ATTORNEY TO SPECIFY THE REQUIREMENTS OF MIDWEST ASPHALT FOR THE LICENSE. COUNCIL- MAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Johnson Aggregate Conditional Use Permit The attorney for Mr. Julian Johnson of Johnson Aggregate, Inc., was present to explain the Johnson Aggregate Conditional Use request. The attorney for Mr. Julian Johnson indicated that the request was much the same as the Midwest Asphalt re- quest, but that their Conditional Use would also include a washing operation. The City Administrator explained the washing process; the water comes from the well, washes the rock, and settles in ponds for recirculating and washing again. Mr. Julian Johnson indicated that the project would be done in phases; that Phase 1,2, and 3 are under lease for 15 years, and that Johnson Aggregate, Inc., owns Phase 4. Miss Jackie Hipsag indicated that with the three gravel pit operations on 221st Avenue and the many many trucks traveling on 221st, provided for a very dangerous roadway. The City Administrator indicated that the City would look at the problem of the truck traffic on 221st Avenue and recommend a possible solution. General discussion was carried on regarding the signing of the property for tres- passing and the use of firearms. Councilman Toth asked that the phasing of the project be a part of the license in order that the mining be done in an orderly fasion. The City Administrator recommended that the public hearing be continued until such time as a site inspection can be arranged and final details regarding the reclamation resolved prior to the issuance of the mineral extraction license. Councilman Duitsman requested that the problem of trespassing be addressed in the license. COUNCILMAN TOTH MOVED TO CONTINUE THE PUBLIC HEARING OF THE CONDITIONAL USE PERMIT FOR JOHNSON AGGREGATE, INC. UNTIL THE QUESTION OF THE ISSUANCE OF THE MINERAL EXTRACTION.LICENSE BE.RESOLVED. COUNCILMAN. DUITSMAN. SECONDED. THE MOTION. THE MOTION PASSED 4-0. 13. School Street Improvements and Public Hearing Mr. Terry Mauer of Consulting Engineers Diversified reviewed theMSA program for the City Council. Mr. Mauer explained that Consulting Engineers Diversified had reviewed the immediate needs of the School Street area and proposed a project that would satisfy those needs consisting of a ponding area behind the school and a drainage ditch and culvert under School Street and providing for the drainage down Jackson to the highway building. Mr. Mauer indicated that a new storm sewer Page Six May 18, 1981 system would be constructed from Sixth Street down to Fourth Street. The total cost of this proposed project is $211,800. Mr. Mauer explained the boun- dary of the benefiting properties would be assessed at approximately $990 per acre. The street project would provide for the upgrading of School Street from Proctor to Highway #169 to a nine ton road, 44 feet wide, of which could be used as two lanes of traffic, or one lane with parking or left turns, depending on signing. The total cost of the street project is $352,550. Mr. Mauer explained that the area benefited would be assessed on a front foot basis along School Street. Mr. Mauer also indicated that the sidewalk project would be the place- ment of sidewalks from School Street down Irving to Fifth Street. The cost of the sidewalk project is $31,000. Mr. Mauer indicated that the cost of the side- walk would be paid completely from MSA funds and would not be assessed. Mr. Mauer reviewed the proposed cost for the storm sewer, street and sidewalk project. The storm sewer drainage project would be $148,400, assessed at a cost of approximately $990 per acre, and the street would be $113,000, assessed at an estimated cost of $12.50 per front foot. Mr. Mauer indicated that the proposed assessment roll was based on other communities assessment policies. Mayor Hinkle indicated that the assessment roll is a suggested means of cost recovery and that an assessment hearing would be held before specific costs were assessed. Mr. Doug Reisewitz, Mr. Al Schroder, Kay Elliott, and Tim Thompson all indicated their opposition to the 44 foot width proposed for School Street and questioned how the properties along School Street could be benefited by the proposed four lane highway. Councilman Engstrom indicated that there was a safety and water problem on School Street and this proposal was the best way of solving that pro- blem. Councilman Toth indicated that the project was proposed to solve the pro- blem on School Street and the street must be built to MSA standards in order to receive MSA funds for the project. Questions were also raised as to where the street would go. Mr. Terry Mauer indicated that there was an existing 66 foot right- of-way and that the property owners would be taken into consideration in the design. Mr. Tony Hipp, representing the East Side Citizens Group, indicated that infor- mation they received from the Department of Transportation indicated that traffic counts taken on School Street would allow the street to be built at less than 44 feet and still qualify for MSA funds. Mr. Hipp indicated that the East Side Citizens Group did not want a 44 foot street that would allow for parking or turn lanes and further indicated that the group's recommendation was to leave the street at approximately 32 to 33 feet in width. Mr. Hipp indicated that the East Side Citizens Group was in agreement of the storm sewer project but requested that the City Council look at the proposed project very carefully to have the best system available to satisfy the problem. Mr. Terry Mauer indicated that a less than 44 foot street would have to be approved by the Municipal State Aid System. Mr. Mauer further indicated that the sewer system design was the best possible immediate solution to the problem which would also allow for future development and growth in the area. Mr. LaRock of the East Side Citizens Group indicated that they wanted more specific details regarding the project. The City Administrator indicated that Mr. LaRock was asking for plans and specifications which would be ordered by the City Council if the project was to proceed. Mr. Lloyd Brutlag, Business Manager for the school, Page Seven May 18, 1981 expressed concerns of the School District regarding the costs that would be assessed to them for the project. General discussion was carried on regarding the sewer project, specifically benefits, purpose, and the .most economical design at this time. Mr. Lloyd Cyr, a member of the School Board, indicated that the ponding areas would not hold any more water and that at the present time, flooding in the basement of the Senior High School is possible and further indicated that he felt the design of the storm sewer should drain away from the ponding areas. Mr. Jerry Rolin questioned the design of the storm sewer as another temporary measure and the citizens would have to be assessed again when it was updated again. Mr. Mauer indicated that the design proposed would provide for the immediate needs of the School Street area and would provide for future expansion. General discussion was carried on as to future expansion, the size of the pipe, and the need of ponding areas. Mr. Mauer indicated that the proposed design is a portion of the permanent solution. Mr. Kreuser also recommended that the City Council consider the storm sewer more thoroughly and suggested the storm sewer be designed to drain from Holt down School Street rather than around to the ponding areas be- hind the school. Mr. Tim Thompson, Estelle Gunkel, Julie Hipp, Richard Lestol, Mr. Kevin Dehri, Mr. and Mrs. Elliott, and Mr. Al Baker all expressed their concerns regarding the upgrading of School Street and the design of the storm sewer system. It was the general concensus of the citizens present that the engineers proceed with the proposal for a 33 foot width street to the Municipal State Aid System for approval and funding and to review the proposed storm sewer project and proposed alternatives in its design. COUNCILMAN TOTH MOVED TO CONTINUE THE PUBLIC HEARING ON THE SCHOOL STREET IMPROVEMENTS UNTIL FURTHER INFORMATION FROM MSA AND THE CITY ENGINEERS COULD BE OBTAINED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. City Beautification Committee Report on Proposed Projects Dr. Jarmoluk was present to discuss the progress of Project 1 with the City Council and the proposals of Project 2 and 3. Dr. Jarmoluk indicated that vol- unteers have been organized to clean up the area along Highway #10 and further indicated that Aksarben is putting together a proposal to present to the City Beautification Committee for the upgrading and cleanup of the downtown Jackson Place Park. Dr. Jarmoluk indicated that the third project, the fencing of the Municipal Parking Lot, would require lumber and paint, and estimated the cost to be approximately $900. The City Administrator requested that the Council authorize the City Administrator to discuss the proposed Project 3 consisting of the fencing of the Municipal Parking Lot with the Police Chief as to traffic safety and store security. Mayor Hinkle indicated that the committee should obtain the proposal and drawings from Aksarben regarding the downtown parking lot. 15. Elk Cinema Amusement Device License Mr. Carl Brownfield was present to discuss the application for four amusement device machines in his movie theater lobby. Mayor Hinkle indicated that the purpose for licensing of such machines is for the control of the operation of these.machines. COUNCILMAN DUITSMAN MOVED TO APPROVE THE APPLICATION FOR AMUSE- MENT DEVICE LICENSE FOR FOUR MACHINES REQUESTED BY MR. CARL BROWNFIELD. COUNCIL- MAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Page Eight May 18, 1981 16. McCombs Knutson and Associates Payment The City Administrator indicated that in light of current economic conditions and the uncertainties posed by the State of Minnesota, that he recommended the City Council delay payment of the $41,000 owed to McCombs Knutson for approximately 30 days. COUNCILMAN DUITSMAN MOVED TO APPROVE THE CITY ADMINISTRATOR'S RECOM- MENDATION OF DELAYING PAYMENT TO MCCOMBS KNUTSON AND ASSOCIATES. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Administrator's Update A. 1981 Dutch Elm Program The City Administrator indicated that the State has appropriated approximately $7,000,000 to the Dutch Elm program, which is about half of last year's appropriations and recommended that the City Council wait until the City receives the budget from the State and then determine how the City will approach the Dutch Elm program in the City of Elk River. B. Anderson Conditional Use Permit Report The City Administrator indicated that information regarding the Anderson Conditional Use permit was not available at this time and that he would have this information for the next City Council meeting. C. Legislative Update The City Administrator indicated that the tax bill was in the Legislature at this point and that the main concern was a 8% levy limit the governor had placed on all cities. In other words, cities could not levy for general taxes over 8% from prior years. The City ADministrator also indicated that the tax increment bill had been defeated and that the tax increment law would remain as is. D. CSAR #42 Bridge Replacement The City Administrator indicated that on Wednesday, May 20, 1981 at 3:00 p.m., the consultants would meet with the Wright County Engineer and the City Admin- istrator to present three alternatives on the actual design of the bridge. The City Administrator indicated that the proposals ranged from 1.9 million to 1.4 million. The City Administrator further indicated that the State Historical Society ruled that the old bridge is not historical in nature and the City may do with it as it wishes. E. Report on Spring Minnesota City Manager's Conference The City Administrator indicated that he had attended the Spring Minnesota City Manager's Conference in Brainerd and further indicated that the theme of the conference was "How to Function with Shrinking Revenues and Increased Demands". The City Administrator indicated that ideas on budgeting to reduce cost and increase productivity and ideas on how to approach alternative re- venues were presented and discussed. Page Nine May 18, 1981 ---, F. League Conference The City Administrator indicated that the League of Cities Conference is scheduled for June 9 through June 13 and suggested that any of the Council interested in attending should contact the City Staff for reservations. 18. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 18~. Mr. Lloyd Anderson Mr. Lloyd Anderson requested information from the City Council as to how to pursue the reconsideration of his Zone Change request. The City Administrator indicated that the motion to reconsider must be brought up.by the prevailing side of the motion and also indicated that the Roberts Rules of Order could be suspended in order that the motion to reconsider the Zone Change could be made. COUNCILMAN ENGSTROM MOVED TO SUSPEND THE ROBERTS RULES OF ORDER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMAN SCHULDT OPPOSED. COUNCILMAN TOTH MOVED TO RECONSIDER THE ZONE CHANGE REQUEST BY MR. LLOYD ANDERSON. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMAN SCHULDT OPPOSED. COUNCILMAN DUITSMAN MOVED TO CONTINUE THE PUBLIC HEARING FOR THE REZONING REQUEST BY MR. LLOYD ANDERSON TO JUNE 22, 1981. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMAN SCHULDT AND COUNCILMAN ENGSTROM OPPOSED. There being no further business, COUNCILMAN DUITSMAN MOVED TO ADJOURN THE MEETING COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, 01iL i34~ Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:po