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07-06-1981 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JULY 6, 1981 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Toth and Duitsman Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item Number 9~ - $830,000 G.O. Improvement Bond Sale, Item 12~ - the intersec- tion of Proctor and County Road 1, and Item 14~ ~ Elk Hills road, were added to the July 6th, 1981 City Council agenda. COUNCILMAN ENGSTROM MOVED APPROVAL OF. THE JULY 6TH, 1981 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes The Deputy City Clerk indicated that Item 9 of the June 22nd, 1981 minutes should contain a second motion as follows: COUNCILMAN ENGSTROM MOVED TO AUTHORIZE THE CITY. ADMINISTRATOR AND THE CITY ATTORNEY.TO.ENTER.INTO AN AGREE- MENT WITH JOHNSON AGGREGATE FOR A MINERAL EXTRACTION LICENSE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. Mayor Hinkle suggested that a language change be made in the open mike portion of the June 22nd, 1981 City Gouncil minutes regarding Mr. and Mrs. Lyle Swanson. Mayor Hinkle indicated that the language change should be a building permit request rather than a variance request. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF THE JUNE 22ND, 1981 CITY COUNCIL MEETING AS AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Presentation of Awards Councilman Toth presented Jana Sweeney with an award commending her life- saving efforts. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 8h29, A RESOLUTION COMMENDING THE LIFE-SAVING EFFORTS OF.JANASWEENEY.AND HER RECEIPT. OF THE HONORABLE MENTION LIFE-SAVING AWARD. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Mayor Hinkle presented an award to Mr. Lloyd Barthel, recogn1z1ng and commend- ing his services as fire chief for the Elk.River Volunteer Fire Department from 1971 to 1981. COUNCILMAN DUITSMAN MOVED TO ADOPT RESOLUTION 81-28, A RESOLUTION. RECOGNIZING AND COMMENDING THE SERVICES.. OF LLOYD BARTHEL. COUNCIL- MAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 5 . Open Mike Mr. Ralph Garner appeared before the City Council regarding the business oper- ations of Mediscreen, located at 633 Upland Avenue. Mr. Garner indicated that July 6, 1981 Page Two Mediscreen is operating at least three businesses which involve much traffic out of the location at 633 Upland Avenue. Mr. Garner submitted to the City Council copies of two public notice publications publicizing the names of two businesses in connection with Mediscreen, Inc. Mr. Garner indicated that it was his understanding that the Masons were issued a permit to build a building in that location with the additional space to be used as rental office space. Mayor Hinkle requested that the City Administrator review the minutes from approximately three years ago, regarding the zone change for the Mediscreen building. 6. Beautification Committee Report Mr. Tony Jarmoluk of the City Beautification Committee, indicated that the Orono Dam Bridge has been cleaned and the paint ordered from Sunderman Paints to paint the bridge. Mr. Jarmoluk further indicated that it was his understand- ing that the inside of the bridge and the top would be painted and further sug- gested that the outside of the bridge be painted as well. Mr. Jarmoluk also indicated that it was his understanding that the retaining wall at the City Hall would be painted. Mr. Jarmoluk questioned the amount of money the City Council could authorize for the downtown Jackson Square park area. Councilman Duitsman indicated that the City Council could allocate $2,000 to the improvement of the downtown park area. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE $2,000 FOR THE IMPROVEMENT OF THE DOWN- TOWN PARK AREA. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. Tony Jarmoluk indicated that the City Beautification Committee is still concerned about the fencing of the municipal parking lot. Mr. Jarmoluk in- dicated that it was the concensus of the Beautification Committee that the argument of police security was not a valid argument, as the backside of the businesses of that side. of the street were no different than the backside of businesses along the river. Mr. Jarmoluk indicated that the cost of the fence would be less than $1,000 and further indicated that the Beautification Com- mittee felt it would be an improvement to the downtown area. The City Administrator indicated that the recommendation of the police depart- ment regarding security and traffic control is based on experience with the police department. Councilman Duitsman asked that the police chief be present at the next City Council meeting to discuss the problems of the proposed fencing of the munici- pal parking lot. 7. Swanson Variance Request and Building Permit Issuance The City Administrator indicated that the Swansons were asked at the June 22, 1981 City Council meeting to provide further documentation regarding the sale and use of their property to the City Council at the July 6th, 1981 City Council meeting. July 6, 1981 Page Three Mrs. Swanson presented to the City Council three additional letters indi- cating no interest in the purchase of the property and further documentation advertising the property for sale. The City Administrator indicated that the information presented by the Swansons was sufficient and recommended that the City Council direct the City Staff to issue a building permit to the Swansons for a single family residence, and to authorize the City Administrator and City Attorney to enter into two agreements with the Swansons as a condition for obtaining the building permit. The City Administrator indicated that the first agreement would relate to the road main- tenance and would specifically state that Mr. Swanson would not ask the City of Elk River to maintain the private road, and the second agreement would be a waiver of liability if the City were unable to perform essential services re- quired at the Swansons' property. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY STAFF TO ISSUE A BUILDING PER- MIT TO THE SWANSONS FOR A SINGLE FAMILY RESIDENCE AND TO AUTHORIZE THE CITY ADMINISTRATOR AND. THE. CITY ATTORNEY TO ENTER INTO TWO AGREEMENTS WITH THE SWANSONS, RELATING TO ROAD MAINTENANCE AND A WAIVER OF LIABILITY. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Fe1ska Administrative Subdivision Request Mayor Hinkle indicated that Mr. and Mrs. Brian Fe1ska of 18942 Joplin, have requested an administrative subdivision to permit the alteration of the prop- erty lines between Lot 4 and Lot 5, Block 3, of Island View 2nd Addition. Mayor Hinkle further indicated that the change in the property line results in equal property exchange between Lots 4 and 5, and simply creates a more uniform lot in both situations. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 81-31, A RESOLUTION APPROVING THE ADMINISTRATIVE REQUEST, PERMITTING THE ALTERATION OF THE PROPERTY LINE BETWEEN LOTS.4 AND.5, BLOCK. 3, . ISLAND.VIEW SECOND ADDITION. COUNCILMAN ENGSTROM SEC- ONDEDTHE MOTION~ THE MOTION PASSED 4-0. 9. Jacobs Administrative Subdivision Request Mayor Hinkle indicated that Mr..Robert Jacobs of 19450 Proctor Road, has re- quested an administrative subdivision to permit the creation of three parcels of property from one large piece. Mayor~Hlnk1e further indicated that Mr. Jacobs' request is consistent with the City's zoning and subdivision ordinances. Councilman Toth asked if there was an easement between the parcels. The City Administrator indicated that there was an easement between the properties. COUNCILMAN DUITSMAN MOVED TO ADOPT RESOLUTION 81-32, APPROVING THE ADMINISTRA- TIVE SUBDIVISION REQUEST FOR MR. ROBERT JACOBS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 91: 2. $830,000 G.O. Improvement Bonds of 1981, Series B Mr. King Forness of Springsted Incorporated was present to present the recom- mendations for the issuance of the $830,000 General Obligation Improvement Bonds July 6, 1981 Page Four of 1981, Series B and to answer any questions the City Council may have regarding the reconnnendation. Mr. Forness explained the capitalized inter- est through February 1st of 1983, as an interest payment would be required in February of 1983 and the assessment income would not be received until June, 1983. Mr. Forness further indicated that the bond schedule was struc- tured to allow for a surplus in the early years in anticipation of delinquent assessments in the later years; and further indicated that a call privilege in 1990 was included. Mr. Forness indicated that the sale date for the bonds is scheduled for August 17, 1981. Councilman Duitsman questioned the possibility of an improved bond rating for the City of Elk River. Mr. Forness indicated that Moody's Investor's Service wants to see a trend of progress with the City of Elk River prior to an upgrading of the rating and further indicated that 80 percent of the cities are rated in the Baa and A ratings and the City of Elk River is on the top end of the Baa rating. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 81-33, AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE SALE OF $830,000 OF GENERAL OBLIGATION IMPROVEMENT BONDS OF 1981 SERIES B. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Anderson Rezoning Request Mayor Hinkle indicated that the City Council voted to reconsider the rezoning request by Mr. Lloyd Anderson for the property at 907 Main Street, as at the initial time of the rezoning request, one councilmember was absent. Mayor Hinkle indicated that it is necessary for the City Council to have four votes in the affirmative to rezone the property. Mr. Clem Darkenwald, Mr. Ken Parker, Mr. Jerry Smith, and Mr. Skurdahl all expressed the need for connnercial rental space in the downtown area and rec- onnnended that the City Council rezone the property in question. Mrs. Evelyn Donais expressed her opposition to the rezoning of the property at 907 Main Street. Mr. Lloyd Anderson submitted a petition signed by many Elk River businessmen urging the City Council to acknowledge the need for commercial rental space and recommending the City Council to approve the rezoning request. Mr. Mag Johnson indicated that if the property was zoned connnercial and leased to Mr. Skurdahl as proposed, the operation would normally operate from 9 to 5, whereby, if it was to remain residential and leased to, possibly young people, it could be a 24-hour operation. Mr. Johnson further indicated that it was hisreconnnendation to rezone the whole block to allow the downtown com- mercial area to grow. Mr. Emil Nadeau indicated that as Chairman of the group studying the area for the zoning ordinance, it was determined by the group that the area would eventually become zoned commercial and therefore suggested to the City Council that the City Council consider the rezoning of the entire block. Councilman Schuldt expressed his opposition to the rezone request for the prop- erty at 907 Main Street. Councilman Schuldt indicated that the residents in the area were against the rezoning of the single lot and that the City Attorney also advised against the rezoning of the single lot. Councilman Schuldt further indicated that he understood the need for rental property and the need for the downtown to grow, but felt that rezoning of residential houses was not the proper way to allow for that needed growth. Councilman Duitsman indicated that July 6, 1981 Page Five he felt it was the logical way to allow for the growth of the commercial area in the downtown. Councilman Toth expressed his agreement with Councilman Duits- man that it was the most logical way to allow for the growth of the commercial area and further indicated that in the Comprehensive Plan for the City of Elk River this specific area was zoned commercial. Councilman Engstrom indicated that he did not want to see residential properties turned into commercial properties. The City Administrator indicated that he did realize the need for commercial rental space in the downtown area but felt that the rezoning of one lot did not meet the demand and further recommended that the City Council address the broader issue of rezoning the whole block. He further indicated that it was his recommendation that the City Council refer the recommendation of the rezoning of the entire block facing Main Street to the Planning Com- mission for their consideration. COUNCILMAN DUITSMAN MOVED TO APPROVE THE REZONE REQUEST BY MR. LLOYD ANDERSON FOR THE PROPERTY AT 907 MAIN STREET. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION FAILED 2-2. COUNCILMAN SCHULDT AND COUNCILMAN ENGSTROM OPPOSED. Mayor Hinkle suggested that the rezoning of the half block along Main Street be referred to the Planning Commission for their recommendation. COUNCILMAN TOTH MOVED TO RECOMMEND THE CONSIDERATION OF THE REZONING OF THE HALF BLOCK ALONG MAIN STREET TO THE PLANNING COMMISSION FOR THEIR RECOMMENDA- TION. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Consider Re-adoption of Resolution 81~16, Ordering the Sanitary Sewer Interceptor Project Mayor Hinkle indicated that at the adoption of Resolution 81-16 ordering the completion of the sanitary sewer interceptor project, one councilmember was absent and the resolution was passed 3-0 as the Mayor's vote was not recorded and further indicated that the bond counsel has informed the City Council that it is necessary to show an affirmative vote of 4/5 in order to legally order the project. COUNCILMAN TOTHMOVED TO ADOPT RESOLUTION 81-30, RATIFYING RESOLUTION 81-16, ORDERING. THE SANITARY. SEWER. INTERCEPTOR PROJECT.AND.ORDERING.PLANS AND SPECI- FICATIONS. COUNCILMAN ENGSTROM SECONDED.. THE MOTION. THE MOTION PASSED 4-0. 12. Zoning Ordinance Amendments Regarding Street Frontage and Access to Lots The City Administrator indicated that the ordinance change was required to allow for the individual ownership of multiple family units in the R-2, R-3 and R-4 zoning districts. The City Administrator indicated that in order to address the issue properly the definition of streets has to be changed to allow private streets under a certain set of standards which would be imposed in the ordinance by the City Council. COUNCILMAN ENGSTROM MOVED TO ADOPT ORDINANCE 81-2, AMENDING SECTIONS 900.08(66), 900.20(11), 900.34(3) and 900.16(4) OF THE ZONING ORDINANCE AND SECTIONS 1-08.06(2) (RR) (i), ..1008.14(5) (a) and 1008.14(5)(n) OF THE SUBDIVISION ORDINANCE. COUNCILMAN SCHULDT SECONDED THE MOTION.. THE MOTION PASSED 4-0. Page Six July 6, 1981 12~. The Intersection. of County. Road ..1 and. Proctor Road Councilman Toth indicated that traffic is not acknowledging the yield sign at the intersection of County Road 1 and Proctor Road and asked that the City Council make a recommendation to the County for a stop sign on Proctor Road at that intersection. Councilman Duitsman indicated that he felt a stop sign would not allow the traffic from Proctor Road to get on County Road 1 which would cause more problems at the intersection. The City Administrator indicated that he would request the County Highway Engin- eer to review the traffic problems of the intersection and make a recommenda- tion to the City Council at their next meeting. 13. Morrell Conditional Use Permit Request The City Administrator indicated that Mr. Larry Morrell has requested a con- ditional use permit to allow the construction of a mini-storage unit on the property located in an R-4 zone at the intersection of School Street and Jackson Avenue. The City Administrator further indicated that it will be necessary for the City Council to change the zoning ordinance to allow mini-storage units as a conditional use in the R-4 zone. The City Administrator further indicated that the access to the property and the screening necessary for the project have not been resolved and recommended that the City Council continue the public hearing until the next City Council meeting at which time the City Council can properly consider the necessary zoning ordinance change as well. General discussion was carried on between the City Council and Larry Morrell regarding the size of the mini storage building, the type of storage proposed, the size of the individual units, the access to the storage building, and the fencing necessary. .f'I' ! Mr. Chester Puree expressed his concern of the noise problems that now exists with the trucking firm and the possibility that the use of the mini storage building may contribute to the noise problem. COUNCILMAN TOTH MOVED TO CONTINUE THE PUBLIC HEARING FOR THE CONDITIONAL USE PERMIT REQUEST BY MR. MORRELL UNTIL THE NEXT SCHEDULED CITY COUNCIL MEETING. COUNCILMAN.DUITSMAN.SECONDED.THEMOTION. THE MOTION PASSED 4-0. 14. Formation of City Council Committee to Review Program of Industrial Revenue Bond Issuance forSingle~Family Mortgages MaycrHinkle indicated that he recommended the City Council form a committee to further investigate the program and develop criteria and recommendations rel- ative to the City's participation in the program. Mayor Hinkle further in- dicated that he felt a member of the Planning Commission and a member of the HRA should be appointed to the committee. Page Seven July 6, 1981 Councilman Duitsman indicated that he felt the City should review the program and further indicated that it was his recommendation that the City should grow from the center out and that high priority should be given to projects in the sewer interceptor area. Councilman Toth and Councilman Engstrom also expressed their recommendation that the. City should review the program. Councilman Duitsman suggested that the Mayor chair the committee. Mayor Hinkle recommended that the Mayor, the 4 Councilmembers, the Chairman of the Planning Commission and the Chairman of the HRA serve on the committee. COUNCILMAN TOTH MOVED TO APPROVE THE RECOMMENDATIONS OF THE MAYOR FOR A' SEVEN MEMBER COMMITTEE CONSISTING OF MAYOR HINKLE, 'COUNCILMEMBERS SCHULDT, DUITSMAN ENGSTROM AND TOTH, PLANNING COMMISSION'CHAIRMAN MARTIN TRACY ANDHRA CHAIRMAN DON SCHUMACHER TO STUDY THE POSSIBILITY OF ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR SINGLE-FAMILY'MORTGAGES. COUNCILMAN'DUITSMAN'SECONDED THE'MOTION. THE MOTION PASSED 4-0. 14~. Elk Rills Drive Councilman Toth indicated that the City Council has never given formal authorization to improve the dip in Elk Hills Drive just east of the intersec- tion of Elk Hills Drive and Highway 169. Councilman Toth indicated that the improvement was to be done at the time the Barrington improvements were done and that Mr. Gary Santwire had indicated he woul~ share in the cost of the improvement. The City Admininistrator indicated that the improvement could be done with a change order and could be paid for from the general fund, or assessed, or an agreement to sha,rethe costs with Mr. Santwire. Mayor Hinkle recommended that the City Administrator obtain a cost estimate for the improvement from the contractor on the Barrington Place project and discuss the possibility of the developer, Gary Santwire's, participation in the cost of the improvement to Elk Hills Drive. 15. Non-Controversial Items A. Renewal of Eagles Club Liquor License and Sunday Liquor License B. Renewal of Legion Club Liquor License and Sunday Liquor License C. Renewal of Ron's Country Foods and Ron's Star Market 3.2 percent Off-Sale Beer License D. Renewal of Sunshine Depot Liquor and Sunday Liquor License COUNCILMAN DUITSMAN MOVED TO APPROVE, THE RENEWAL OF THE NON-CON ITEMS .AS LISTED A THROUGH D. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Page Eight July 6, 1981 --, 1(.; v. Administrator's Update A. Sanitary'Sewer Interceptor The City Administrator indicated that the contractors were digging at Evans and 3rd Street, detours would be provided, and that they were dewatering the area. The City Administrator further indicated that he was obtaining easements from the property owners. B. Construction of East-West Roadway in City The City Administrator indicated that the County and J.L. Shielyare anticipating the upgrading and blacktopping of Ranch Road. The City Administrator further indicated that the straightening out of. the road would be discussed and proposed to the County and J.L. Shiely. C. Storm Sewer Drainage ~ School Street Project Councilman Duitsman asked the City Administrator to clarify the size of the storm drainage pipe at the end of the proposed project with the engineer. 17. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 18. Tentative Agenda The Mediscreen building, the City Beautification Committee, Morrell Conditional Use public hearing, the Proctor Road report, the Elk Hills Drive improvement, are all items tentatively scheduled for the July 20th, 1981 City Council meeting. There being no further business, COUNCILMAN TOTH MOVED TO ADJOURN THE MEETING. COUNCILMAN SCHULDT SECONDED THE MOTION. THE' MOTION PASSED 4-0. Respectfully Submitted, OJ Boo B crecL.;1, ~,?i p~~is BOedigheiml:~"~v Deputy City Clerk/Treasurer PB:dkk