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01-22-1982 CC MIN REGULAR SEMI':'MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 18, 1982 Members Present: Mayor Hinkle, CouncilmembersSchuldt, 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 5 - the Dickenson Rezone Request, Highway #169, was postponed and replaced with the Stop Signs on Dodge Avenue at 5th Street and Elk Hills Drive. COUNCIL- MAN DUITSMAN MOVED. TO APPROVE THE JANUARY 18, 1982 CITY COUNCIL AGENDA. AS AMENDED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4.....0. 3. Minutes COUNCILMAN ENGSTROM MOVED TO APPROVE THE JANUARY 4, 1982 CITY COUNCIL MINUTES. COUNCILMAN DUITSMAN SECONDED. THE. MOTION~ THE MOTION PASSED 4-0. 4. Open Mike Mr. Cliff Lundberg appeared before the City Council requesting that the re-assess- ment of the Peterson Addition be completed by May 1st, 1982. Mr. Lundberg indicated that the new assessment could be certified to the auditor's office and the prop- erty owners involved could get an abatement from the auditor's office rather than paying for the assessment and then receiving a refund at the time of re-assessment. The City Administrator indicated that the re-assessment could possibly be done by May 1st if the auditor's office would agree with the abatement process, but further indicated that the bond fund must be analyzed to be assured of enough funds to pay the principal and interest, or the City may possibly have to collect the assessments and then refund them at a later date. Mr. Cliff Lundberg asked if interest was to be paid on the overpayments. The City Administrator indicated that it was his understanding that interest was to be paid on the overpayments as a part of the settlement. 5. Stop Signs on Dodge Avenue at 5th Street and Elk Hills Drive Mayor Hinkle indicated that the City Council must authorize the placement of stop signs at each end of Dodge Avenue and that it came to the City Council's attention at the opening of the McDonald's Restaurant. COUNCILMAN SCHULDT MOVED TO AUTHORIZE STOP SIGNS TO BE PLACED ON DODGE AVENUE; ONE AT 5TH STREET AND ONE. AT. ELK HILLS DRIVE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. It was the general concensus of the City Council to authorize the City Ad- ministrator to require the street department to place the signs prohibiting the crossing of the solid yellow line in the downtown area. January-18, 1982 Page Two ~ 6. Assembly of God Church Conditional Use Permit Request for Temporary Mobile Trailer - Public Hearing The City Administrator indicated that the Assembly of God Chruch has requested a conditional use permit for a temporary mobile trailer to be placed on their present location for classroom facilities. The City Administrator further in- dicated that the Planning Connnission voted unanimously to grant a conditional use permit for a period of six months for a temporary mobile trailer, if the Assembly of God Church either removes the existing temporary trailer. or makes application fora second conditional use permit for that .said trailer. The City Administrator further indicated that Mr. Map son , representing the Assembly of God Churcq, has indicated that the church is now considering an addition rather than an additional trailer. Mr. Mapson indicated that the church has outgrQwn their present facilities and is considering the addition onto the building rather than a second trailer and would be deciding in the next week. Mayor Hinkle opened the pulbic hearing to the public. No one from the public questioned the conditional use permit. General discussion was carried on re- garding a conditional use for a specific mobile trailer or a conditional use to place a mobile trailer on the property of the Assembly of God Church. It was the general concensus of the City Council that a conditional use permit would be for a trailer on the property of the Assembly of God Church and should they choose to place another mobile trailer, they would have to apply for another conditional use permit. COUNCILMAN TOTH MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY THE ASSEMBLY OF GOD CHURCH FORA TEMPORARY MOBILE TRAILER TO BE LOCATED ON THEIR PROPERTY FOR A PERIOD OF SIX MONTHS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Zoning Ordinance Amendment Creating a C-4 Service Connnercial District - Public Hearing The City Administrator indicated that the Housing and Redevelopment Authority has completed their downtown redevelopment plan and has submitted it to the Planning Connnission. The City Administrator further indicated that in order to address the problems experienced by the Food and Fuel gas station and convenience store, and to be consistent with the Housing and Redevelopment Authority plan for the redevelopment of the area, the Planning Connnission and City Council have agreed that an ordinance change creating a new zone composed of the majority of the existing uses in the C-1 and C-2 districts, and some additional conditional uses that would allow the City Council to address such concerns, has been reconnnended. The City Administrator indicated that the Planning Connnission unanimously approved language creating a C-4 Service Connnercial district, a list of principal uses, accessory and conditional uses, as well as the appropriate setbacks for the zone in question. Mayor Hinkle opened the public hearing to the public. Mr. Jim LaRock questioned how far the C-4 zOne would go. The City Administrator indicated that the C-4 January 18, 1982 Page Three zone would be comprised of the present C-1 and C-2 zones in the 3rd Street, 4th Street, Jackson Avenue and Gates Avenue area. Councilman Schuldt questioned whether the City Council could regulate commercial businesses along the border streets; that is, the streets that would be C-4 on one side and residential on the other. The City Administrator indicated that the City Council could regulate those types of businesses that would be requiring conditional uses and could require that the conditional use-type businesses would be compatible with the area. The City Administrator further indicated that if a principal use was proposed it would not require a conditional use and could be built with only a building permit. General discussion was carried on regarding the language of tavern and liquor uses under the principal use rather than the conditional use. It was the general concensus of the City Council to place taverns and liquor stores under the con- ditional use in the C-4 Service Commercial district zoning. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ORDINANCE CHANGE CREATING A C-4 SERVICE COMMERCIAL DISTRICT ZONE, WITH TAVERNS AND LIQUOR USES TO BE CONDITIONAL USES RATHER THAN PRINCIPAL USES. COUNCILMAN TOTH SECONDED THE. MOTION. THE MOTION PASSED 4-0. COUNCILMAN ENGSTROM MOVED. TO APPROVE THE ZONE ORDINANCE CHANGE FROM. TH.E PRESENT C-1 AND C-2 ZONING TO A C-4 ZONE FOR THE AREA NORTH OF THE RAILROAD TRACKS ALONG JACKSON BETWEEN 4TH AND 3RD AND GATES AVENUE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Orono Dam Re-Assessment - Public Hearing Mayor Hinkle indicated that two parcels of property, the Gospidar property which abuts Lake Orono, and property owned by Mrs. Blaine Jansen adjacent to Lake Orono, had been missed on the original assessment. The City Administrator in- dicated that the property owners have been notified of the assessment and as of this date, the City has not received an objection from either the Gospidars or the Jansens regarding the proposed assessment and therefore, recommends that the City Council approve the re-assessment of benefits for the Lake Orono Dam Rehabilitation to the Gospidar property and the Jansen property. Mayor Hinkle opened the public hearing to the public. No one questioned the assess- ment of the property. COUNCILMAN .SCHULDT MOVED TO APPROVE THE RE-ASSESSMENT OF BENEFITS FOR THE LAKE ORONO DAM RE~ILITATION TO THE GOSPIDAR PROPERTY AND THE JANSEN PROPERTY. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Planning Commission Appointment Mayor Hinkle indicated that Millie Busch has submitted her resignation from the Planning Commission and that the vacancy is from Ward I, represented by Council- man Engstrom. Councilman Engstrom indicated th~t he would like to appoint Dorothy January 18, 1982 Page Four -, Fredricksen, a resident in the City for the past 25 years. Councilman Engstrom indicated that Dorothy Fredricksen's husband, George Fredricksen, served on the County Planning Conunission, and further indicated that Dorothy Fredricksen ex- pressed her interest in serving on the City Planning Conunission. COUNCILMAN ENGSTROM MOVED TO APPOINT DOROTHY FREDRICKSEN TO THE PLANNING COM- MISSION TO FILL OUT.THE REMAINDER OF MILLIE BUSCH'S TERM,. WHICH EXPIRES DECEMBER 31, 1983. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. HRA Appointment Mayor Hinkle indicated that Millie Busch has submitted her resignation from the Housing and Redevelopment Authority, effective inunediately, and further indicated that appointments to the HRA are made by the Mayor with the City Council's con- firmation. Mayor Hinkle further indicated that in the past, someone from the Planning Conunission has served on the HRA and therefore, is suggesting the appointment of Martin Tracy to the Housing and Redevelopment Authority. MAYOR.HINKLE MOVED TO APPOINT MARTIN TRACY TO THE HOUSING AND REDEVELOPMENT AUTHORITY TO FULFILL THE UNEXPIRED TERM OF MILLIE BUSCH, WHICH EXPIRES AUGUST 31, 1982. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Burlington Northern Petition to Reduce Services in Elk River Mayor Hinkle indicated that the Burlington Northern has requested a public hear- ing to close the depot for freight operations and to move that agent and the freight service to the Coon Creek facilities in Coon Rapids, and further indicated that the City has aright to object at the public hearing should the City Council see fit. The City Administrator indicated that the only concern the City may have regarding the closing of the depot would be the negative impact on the future development of rail passenger service, and further reconunended that the City Council conununicateby letter, the City's concern that the closing of the depot would not be opposed if there would not be any future negative impact on any rail service which may develop; specifically, between St. Cloud and Minneapolis.. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO COMMUNICATE. BY LETTER TO THE HEARING EXAMINER, THE CITY'S CONCERNS THAT THE CLOSING OF THE DEPOT WOULD. NOT HAVE ANY FUTURE NEGATIVE IMPACT ON ANY FUTURE RAIL SERVICE WHICH MAY DE- VELOP. COUNCILMAN. ENGSTROM.. SECONDED. THE MOTION. THE MOTION PASSED 4-0. 12. Consider Pay Estimates A. Sanitary Sewer Interceptor - Northdale Construction Councilman Duitsman expressed his concern of Northdale's payment of specific bills to the Elk River Utilities and asked that the City Administrator re- quest Northdale to pay those bills. COUNCILMAN DUITSMAN MOVED TO APPROVE PAY ESTIMATE NUMBER 5 FOR THE SANITARY SEWER INTERCEPTOR. TO NORTHDALE CONSTRUCTION.IN.THE AMOUNT OF $176,516.14. COUNCILMAN SCHULDT SECONDED.THE MOTION. THE MOTION PASSED 4-0. January 18, 1982 Page Five ~ B. Industrial Park and Ridgewood 2nd Addition Sewer Laterals - C.S. McCrossan COUNCILMAN TOTH MOVED TO APPROVE PAY ESTIMATE NUMBER 1 TO C.S. McCROSSAN FOR THE INDUSTRIAL PARK AND RIDGEWOOD 2ND ADDITION SEWER LATERALS. IN THE AMOUNT OF $57,233.51. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Barrington Place - H.B.H., Inc. General.discussion was carried on regarding the pay estimate request totaling 104 percent of the project completion amount. Councilman Toth indicated that there was a lot of finishing work to be completed in the spring on the pro- ject. Mayor Hinkle indicated that he felt the City should keep enough re- tainage to cover the completion of the project. COUNCILMAN DUTISMAN MOVED TO APPROVE PAY ESTIMATE REQUEST BY 1l.B.H. CONSTRUC- TION, INC., .FOR THEBARRINGTON.PLACE PROJECT IN THE.AMOUNT OF $45,000.10, ON THE CONDITION THAT MAYOR HINKLE AND COUNCILMAN TOTH APPROVE PAYMENT AFTER THE CITY ADMINISTRATOR LOOKS INTO THE TOTAL PROJECT COMPLETION AMOUNT. COUNCIL- MAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Administrator's Update A. Municipal Liquor Conference The City Administrator indicated that Mr. Dave Dahlberg has requested permission to attend the Minnesota Municipal Liquor Manager's annual conference scheduled for February 16th, 17th and 18th, at the Hotel Leamington, and further indicated that cost of the conference is $25.00. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ATTENDANCE OF MR. DAVE DAHLBERG AT THE ANNUAL.. MINNESOTA MUNICIPAL LIQUOR MANAGER'S CONFERENCE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Tescom Corporation Development The City Administrator indicated that Tescom is now in operation in the Salk Junior High School and has requested that the City proceed with the issuance of industrial revenue bonds. The City Administrator further indicated that it is Tescom's desire to start construction in a couple of weeks and further in- dicated that they would be bringing their building plans in for approval and building permit. C. McCombs-Knutson Associates Outstanding Note Interest Payment The City Administrator has indicated that city staff was able to locate a reference in the 1977 minutes of the City Council which indicated very specifically that interest on the note. for work on the wastewater treatment plant was to be paid at 7 percent on an annual basis, and further indicated that the City would process the invoices payable. January 18, 1982 Page Six --, D. Highway #169 Park and Ride Lot Security Light The City Administrator indicated that the park and ride lot is in the Anoka Electric Cooperative serv:i.ce area, and that the cost to install a light would be $106 for the first year of operation with subsequent years at $72.00, unless tha flat rate were to be raised. Councilman Schuldt indicated that he felt the light would be of benefit to the people as well as property that used the Highway #169 park and ride site. COUNCILMAN SCHULDT 110VED TO APPROVE THE ESTABLTSHl1ENT AND OPERATION OF A SECURITY LIGHT IN THE HIGHWAY 11169 PARK AND RIDE SITE. COUNCILMAN ENGSTROl1 SECONDED THE 110TION. THE MOTION PASSED 4-0. E. Legislative Update Regarding 1982 Budget The City Administrator indicated that the cuts made by the State amount to 11 percent in state aids and 2 percent in homestead credit, and further in- dicated that it is less than expected and anticipates that the City can cope with those cuts without much concern, but further indicated that the state has also approved the 8 percent levy limit for 1982. The City Administrator indicated that this 8 percent levy limit will cause problems for the City of Elk River. The City Administrator suggested that the City staff develop a pro- posed 1983 budget and 1984 budget to determine the impact of the state budget cuts and the 8 percent levy limits proposed for 1982. General discussion was carried on by the City Council regarding a meeting time of the finance committee to review the impact of the state budget cuts and also a meeting date for the adoption of the City Code. It was the general concensus of the City Council that the City Council meet on January 25, 1982, to review the draft of the City Code. General discussion was carried on regarding the second City Council meeting date as presently is scheduled for the holiday, President's Day. It was the concensus of the Ci~'Council that the second meeting date.in February be held on l1onday, President's Day, if allowable, or else to be re-scheduled for Thursday, February 18th, 1982. 14. Check Register COUNCILMAN SCHULDT MOVED TO APPROVE THE JANUARY 18TH, 1982 CHECK REGISTER. COUNCIL- MAN DUITSMAN SECONDED THE MOTION. THE 110TIONPASSED 4-0. 15. Tentative Agenda The scheduling of the re-assessment process for the Peterson Addition is tenta- tively scheduled for the next City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, D--4a; :tJ~~ Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dkk