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09-08-1981 CC MIN REGULAR SEMI..:..MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY SEPTEMBER 8, 1981 ---, Members Present: Mayor Hinkle, Councilmembers Duitsman, Toth, Engstrom and Schuldt Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item #6~ - Street Sealcoatbid and Item #14~ - Bidding on a used typewriter were added to the September 8, 1981 City Council Agenda. Item #llb - Vassar Adminis- trative Subdivision was deleted from the Agenda. COUNCILMAN ENGSTROM MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED TO APPROVE THE MINUTES OF THE.AUGUST 17, 1981, CITY COUNCIL MEETING. COUNCILMAN TOTH SECONDED THE MOTION. . THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 5. Fire Relief Association Request Regarding Benefits The City Administrator indicated that the Fire Relief Association has requested that the City Council increase the amount of retirement benefits from $300 per year accumulation for each year of service to a $400 accumulation per year. He further indicated that the Fire Relief Association is financially sound and could continue to pay the requested level of accumulation. Councilman Duitsman questioned where the funding would come from in the future for the Fire Relief Association. Mr. Dan Green indicated that the State is re- quired to contribute an amount based on 2% of the valuation of the City to the Fire Relief Association. COUNCILMAN DUITSMAN MOVED TO APPROVE THE FIRE RELIEF ASSOCIATION'S REQUEST FOR AN INCREASE IN THE AMOUNT OF RETIREMENT BENEFITS FROM A $300 PER YEAR ACCUMULATION TO A $400 PER yEAR ACCUMULATION.. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Donahue Industrial Revenue Bond Concept The City Administrator indicated that Mr. Pat Donahue, owner of the building at the corner of Third Street and Irving, currently occupied by the United States Post Office, is proposing to double the size of the current building and would like the City of Elk River to issue Industrial Revenue Bonds to pay the cost of the addition to the building. The City Administrator further indicated that Mr. Donahue is atr this time requesting the City Council's approval of the Industrial Revenue Bondconcept of the proposed project. September 8, 1981 Page Two Mr. Pat Donahue reviewed the plans of the proposed expansion of 3,rOO square feet to the building and explained the need for the additional space required by the post office. Mr. Donahue als.oexplained the j oint driveway agreement with Mr. "Murray Mills. Mr. Donahue indicated that Mr. Mills would prefer a 30 foot driveway but felt that a 20 foot driveway was allowable and further indicated that the joint driveway could be agreed upon. Mr. Wayne Ruckle, Postmaster for the Elk River Post Office, indicated that the Post Office was in desparate need of additional space. Mr. Ruckle further indicated that the volume of mail has increased one-third since this time last year. COUNCILMAN ENGSTROM MOVED TO APPROVE TF~CONCEPT OF ISSUING INDUSTRIAL REVENUE BONDS " FOR AN ADDITION TO "THE BUILDING CURRENTLY OCCUPIED BY THE UNITED STATES POSTAL SERVICE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 6~. Seal coat Bids Mr. Terry Mauer of Consulting Engineers Diversified indicated that the bids for the sealcoat project were received and tabulated Monday, August 31, 1981, with four (4) bidders each submitting a base bid and an alternate bid. Mr. Mauer indicated that the four base bids ranged from $20,356.40 to $25,696.00 and the four alternate bids ranged from $28,038.00 to $33,942.80. Mr. }fuuer indicated that the base bid was for pea rock and the alternate bid was for a larger aggregate. The City Administrator indicated that the balance of the budgeted amount for seal- coating work in 1981 was $31,000.00 and that the low bidder, Allied Blacktop Com- pany, would add additiona~~ileage for sealcoating to bring the base bid amount to the budgeted $31,000.00.The City Administrator further indicated that the ad- ditional mileage to be included for seal coating would be approximately 1 to 1~ miles of which the Street Superintendent could designate which additional streets should be sealcoated. Councilman Duitsman questioned the difference of the base bid between the pea rock and the alternate bids of the larger aggregate. Mr. Terry Mauer of Consulting Engineers Diversified explained that the alternate bid with the larger aggregate also had more bituminous but that i(vposed a problem in low-traffic areas as the larger aggregate moved with the starting and stopping of cars. The City Administrator indicated that the Street Superintendent was in favor of the pea rock as the areas to be blacktopped were primarily residential areas; and further indicated that City staff recommends awarding the sealcoating contract to Allied Blacktop Company. COUNCILMAN"DUITSMAN MOVED TO ADOPT RESOLUTION 81,;..41, AWARDING THE 1981 SEALCOAT- ING PROJECT TO ALLIED BLACKTOP COMPANY AND TO INCLUDE AN EXTRA ONE (1) TO ONE AND A HALF (1~) MILES DESIGNATED BY THE STREET SUPERINTENDENT IN THE PROJECT. COUNCILMAN ENGSTROM SECONDED" THE MOTION. THE" MOTION PASSED 4-0. September 8, 1981 Page Three 7. John Judge Conditional Use Permit The City Administrator indicated that Mr. John Judge has requested a conditional use permit to operate a taxi service out of his home, and further indicated that Mr. Judge's request for a conditional use permit was based on the staff's interpretation of the zoning ordinance regarding the home occupation section. The City Administrator indicated that the Planning Commission determined that a conditional use permit was not required to operate a taxi service out of the home as long as only one taxi was utilized. The City Administrator further in- dicated that the City staff's interpretation of the zoning ordinance requires that a conditional use permit be issued for home occupation of which the taxi service would fall under that definition, and that the zoning ordinance therefore, allows for the regulation of the home occupation businesses. Mayor Hinkle questioned the means of control of the home occupation should Mr. Judge decide to have three or four taxi vehicles out of his home. General discussion was carried on by the City Council regarding the definition of a home occupation and the types of businesses that would fall into that definition. Councilman Toth indicated that he felt that a taxi service was a need of the community. The City Administrator indicated that should the City Council interpret the zoning ordinance as such that a conditional use permit would be required by Mr. Judge to operate the taxi service out of his home, Mr.Judge would have to request that the Planning Commission rule upon the conditional use and then make a recommendation to the City Council. COUl\lCILMAN SCHULDT MOVED TO REQUIRE THAT A CONDITIONAL USE PEronT BE REQUIRED TO OPERATE A TAXI SERVICE OUT OF THE HOME. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Extension to InterceptorCorttract Completion Date Mayor Hinkle indicated that the contractor of the sewer interceptor is request- ing an extension of the completion time of the project due to the delay in awarding the bids and further indicated that Mr. Wilson of McCombs-Knutson and Associates, Inc., recommended the extension of the completion date to November 15, 1981.. COUNCILMAN TOTH MOVED TO APPROVE THE EXTENSION OF THE COMPLETION DATE FOR THE SANITARY SEWER INTERCEPTOR PROJECT AS RECOMMENDED BY McCOMBS KNUTSON AND ASSOCIATES,INC~TONOVEMBER 15, 1981. COUNCIDMAN ENGSTROM SECONDED THE MO- TION. THE MOTION PASSED 4-0. 1 September 8, 1981 Page Four 9. Industrial Park Improvements ~ Public Hearing The City Administrator briefly reviewed for the City Council the nat- ure of the improvements to be made to the Industrial Park "and costs associated with the improvements. The Administrator indicated that on August l&hhe had met with the Elk River Investor's Association group and various tenants from the Industrial Park regarding the spe- cific improvements and potential costs of the project. Prior to that date the Administrator indicated that a set of plans and specifications and the bid tabulation regarding the improvements was sent to the Elk River Investors Association for their review and study. The City Administrator indicated that notice of the public hearing was published in the City's official newspaper 10 days prior to the public hearing and a second publication was requested by the City but not pub- lished by the newspaper. The City Administrator further indicated that notices of the public hearing were hand delivered to all parties affected by the proposed improvements and as such all parties were aware of the hearing within an adequate time. The City Administrator indicated that the City has made a sincere and good faith effort to notify all affected parties benefiting from the proposed industrialipark improvements. Mr. Skip McCombs from McCombs-Knutson and Associates, Inc., was present to answer any questions the Councilor public had regarding the proposed im- provements in the industrial park. Mr. Demorest of Modern Controls, indicated that he and Mr. John Plaisted question the design of the sanitary sewer lines along their side of the street versus the other side. General discussion was carried on between the City Council, Mr. Demorest and Mr. Skip McCombs regarding the design of the project. Mr. McCombs indicated that the project as designed was approximately $2,000 less in costs and con- struction conflicts with the underground utilities on the other side of street was avoided. Mr. McCombs also explained that the contractor is re- quired to replace the sod, sprinkler systems and rock gardens along the pro- posed route of the sewer as part of the project. Mr. McCombs indicated that the total cost of the industrial park improvements is approximately $41,000 or approximately $5,200 per parcel based upon a unit assessment with eight parcels assessed. It was the Council's consensus that the improvements to the Industrial Park were necessary and that the objections presented could be overcome and dealt with during the course of the project. The Council also agreed that the City had made a sincere and good faith effort to notify all affected parties and that in fact all parties affected had been notified and had either questions answered or were present at the hearing. COUNCILMAN DUITSMAN MOVED TO ADOPT RESOLUTION 81~39, ORDERING THE SANITARY SEWER IMPROVEMENT PROJECT FOR THE ELK RIVER INDUSTRIAL PARK AND AWARDING THE BID TO C.S. McCROSSAN IN THE AMOUNT OF $34,500. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION CARRIED 4..;..0. September 8, 1981 Page Five 10. Ridgewood East 2nd Addition Improvements Mayor Hinkle indicated that the project was initiated by a 100% petition from the owner and developer of the project; and therefore, recommended that the City Council order the completion of the Ridgewood East 2nd Addition sanitary sewer lateral improvement and award the contract to C.S. McCrossan, in the amount of $41,317.DO. COUNCILMAN ENGSTROM MOVED TO ADOPT RESOLUTION 81-40, ORDERING THE COMPLETION OF THE RIDGEWOOD 2ND ADDITION SANITARY SEWER LATERAL IMPROVEMENT AND AWARDING OF THE CONTRACT TO C. S. McCROSSAN. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Administrative Subdivisions A. Sherburne County Farm Services The City Administrator indicated that the Sherburne County Farm Services has requested an administrative subdivision to divide their current site of approximately 5 acres into 2 parcels of approximately 1 acre and 4 acres in size. The City Administrator further indicated that the request is in compliance with the City's zoning and subdivision ordinance. COUNCILMAN SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION RE- QUEST BY SHERBURNE COUNTY FARM SERVICES TO DIVIDE THEIR CURRENT SITE INTO 2 PARCELS OF APPROXIMATELY 1 ACRE.AND 4 ACRES IN SIZE. COUNCILMAN ENGSTROM SECONDED THE MOTION. B. Eugene Vassar Deleted C. Donald Lannn The City Administrator indicated that Mr. Lannn has requested an administra- tive subdivision to divide two parcels of 2~ acres in size from his 110 acre parcel, arid further indicated that the subdivision request is in com- pliance with the City's zoning and subdivision regulations. COUNCILMAN ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR.LAMMTO DIVIDE 2 PARCELS OF 2~ ACRES IN SIZE FROM HIS 110 ACRE PARCEL AT 21272 ELK.LAKE.ROAD. COUNCILMAN. TOTH. SECONDED. THE MOTION. THE MOTION PASSED 4-0. D. ReubenNorling The City Administrator lndicated that Mr. Norling has requested an admini- strative subdivision to consolidate 7 sub-standard lots in Camp Cozy 6th Addition to two larger lots and further indicated that this request requires City approval in order to make the resulting parcels legally recordable. Councilman Toth questioned if the area in question is in a flood plain area and further indicated that a building permit could not be issued under the flood plain ordinance. September 8, 1981 Page Six The City Administrator indicated that the area was in the flood plain area and further indicated that there were two dwellings on the proposed new subdivision of the two lots. COUNCILMAN ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION RE- QUEST BY MR. NORLING TO CONSOLIDATE 7 SUB-STANDARD LOTS INTO 2 LARGER LOTS IN THE CAMP COZY 6th ADDITION. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Northern Natural Gas Variance The City Administrator indicated that Northern Natural Gas has requested a var- iance so that they may construct a metering station on a parcel of property of less than 1 acre in an I-I zone. The City Administrator further indicated that in reviewing the request of Northern Natural Gas, the standards for a variance could not be met in the situation presented and that the Planning Commission has unanimously denied the variance request. The City Administrator further indica- ted that the same results desired by Northern Natural Gas can be achieved by either obtaining an ,eas.ement or a long.;...term lease for a small piece of property. Mr. John Oliver, member of the Board of Directors. of the Industrial Park, indi- cated that it was the consensus of the Board that they could agree with either of the alternatives suggested. COUNCILMAN DUITSMAN MOVED TO DENY THE VARIANCE REQUEST BY NORTHERN NATURAL GAS FOR THE PURPOSE OF BUILDING A METERING STATION ON A PARCEL OF PROPERTY LESS THAN THE REQUIRED MINIMUM OF 1 ACRE IN AN I-L ZONE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. >-..- 13. Eagles Club Rezoning Request The City Administrator indicated that the Eagles Club, located at 825 Railroad Drive, is requesting a zone change from the present zone of I-I (Light Industrial) to C-l (Central Commercial) so that they may expand their building by approximately 20 feet. The City Administrator indicated that a zone change is necessary be- cause the present use of the building is non-conforming to the I-I zone. The City Administrat<,r further indicated that the Planning Commission's recommendation was to unani~usly-- deny the rezone request as it was very similar to a request recently made by Standard Lumber, which was denied by the City Council because the request was inconsistent with the City's land use plan. Mr. Jim Nord, representative for the Eagles Club, was present to discuss the re- zone request and plan for expansion of the Eagles Club building. Mr. Nord in- dicated that the expansion was necessary to bring in more memberships to raise funds to eventually build a new building in the area, and further indicated that the Eagles Club was an organization supporting community functrr.ons and an asset to the community. Mr. Nord indicated that the expansion would include two bathrooms upstairs to better serve the elderly people and the additional space would gernerally improve the building and therefore enlarge the membership in the organization. Mr. Nord further indicated that the long-range plan was in approximately 3 to 5 years to build a new building. Councilman Toth questioned whether the Eagles Club building and expansion could conform to the handicap requirements. September 8, 1981 Page Seven ~ounci1man Schuldt indicated that he felt that the City could not and should Inot do spot rezoning and~urhter indicated that the City could not do the spot rezoning for Standard Lumber and therefore should not approve the rezone re- quest by the Eagles Club. Councilman Toth suggested that the City, the City Planner, and the Planning Commission take another look at the area and review the zoning ordinance and land use plan for that specific area. Councilman Duitsman indicated that the City Planner, Mr. Zack Johnson, along with the HRA, is looking at the area now on the fringe of the specific area in question regarding zoning and land use plan, and further indicated that possibly that area in question could be discussed also. COUNCILMAN SCHULDT MOVED. TO DEN~ THE REZONE REQUEST BY THE EAGLES CLUB FROM THE PRESENT ZONE OF I-I (LIGHT INDUSTRIAL) to C..,.l (CENTRAL. COMMERCIAL). COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN TOTHMOVED TO REQUEST THE.CITY PLANNER, THE CITY COUNCIL AND THE PLAN- NING COMMISSION TO RE-EVALUATE THE AREA IN QUESTION FOR THE POSSIBILITY OF REZONING. COUNCILMAN DUITSMAN SECONDED THE MOTION.. THE MOTION PASSED 4-0. 14. Martin Mechanical Artlllsement Device License The C~ty Administrator indicated that Mr. Chip Martin has requested a mechanical amusekent device license for approximately 10 to 15 machines to be located in an arcade at 950~ Highway 1110. Mr. Chip Martin was present to discuss the mechan- ical amusement device license request and indicated that the arcade was proposed for the west end of the building at the lower level~ and would be operating from approximately 12:00 noon to 10:00 or 11:00 p.m. in the evening. Mr. Martin further indicated that he would ~e the operator of the arcade and therefore responsible for the activities with the proposed arcade. COUNCILMAN SCHULDT MOVED TO APPROVE THE MECHANICAL. AMUSEMENT DEVICE LICENSE FOR AN ARCADE LOCATED AT 950~ HIGHWA! 1110. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Non-Con .Items A. 3.2 Percent On-Sale Beer License for Monte Club Softball Tournament on September 11-12-13. COUNCILMAN SCHULDT MOVED TO APPROVE THE 3.2 PERCENT BEER LICENSE REQUEST FOR THE MONTE CLUB SOFTBALL TOURNMENT~. COUNCILMANTOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. B. 1981 Contract with Wendy's Tree and Stump Removal Service The City Administrator indicated that Wendy's Tree Service contracted with the City for tree removal in 1980 and posed no problems, and further indica- ted that Wendy's Tree Service is insured and bonded and recommended that the City Council approve the 1981 contract. September 8, 1981 Page Eight ---, COUNCILMAN TOTH MOVED TO APPROVE THE 1981 TREE SERVICE CONTRACT WITH WENDY'S TREE' AND ' STUMP REMOVAL. COUNCILMAN' DUITSMAN' SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Administrator's Update A. Sanitary Sewer Interceptor The City Administrator indicated that the project was proceeding on sche- dule with no major problems developing. B. Mediscreen, Inc. The City Administrator indicated that the Masonic Lodge would be working with Mediscreen, Inc. developing a plan of resurfacing part of the parking lot and. doing some screening for the property, and further indicated that they would submit a plan to the City for their proposed improvements. C. Peterson Addition Road Shoulders Mr. Skip McCombs indicated that Mr. Chuck Wilson had met with the contractor to review the shoulders incomp1eted in the Peterson Addition and further in- dicated that the contractor agreed to complete the shoulders at the price in the contract of $4.95 a yard for the materials. Mr. McCombs indicated that the contractor felt that he would have been paid for the yardage had it been done at the time of the project and therefore, was still requesting payment for the yardage necessary to complete the shoulders. Mr. McCombs indicated that Mr. Chuck Wilson felt that the additional cost would be approximately $500. COUNCILMAN 'DUITSMAN MOVED TO AUTHORIZE THE CONTRACTOR TO ,COMPLETE THE SHOULDERS IN THE PETERSON ADDITION FOR A COST OF UP TO $500. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Check 'Register COUNCILMAN TOTH 'MOVED 'APPROVAL 'OF THESEPTEMBER'8~'1981,CHECK REGISTER~ COUNCIL- MAN DUITSMAN SECONDED THE MOTION~THE MOTION PASSED 4-0. 18. Tentative Agenda An update on the review of zone change is scheduled to be discussed at the September 21, 1981 City Council meeting. There being no further business~ 'COUNCILMAN'TOTH'MOVED THAT THE 'MEETING BE'ADJOURNED. COUNCILMAN SCHULDT SECONDED THE MOTION~ 'THEMOTIONPASSED'4-0. Respectfully submitted, Q I) ; i3:t . . /1, I / ~ I A1ix> /0)(; ,A" !fLvtJvU PhY~iS Boedighe"mer Deputy City Clerk/Treasurer PB:dkk