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04-19-1982 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY APRIL 19, 1982 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom and Toth Members Absent: Councilmember Duitsman 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 15~ - Christiansen Easement Vacation, was added to the April 19, 1982 City Council Agenda. COUNCILMAN SCHULDT MOVED APPROVAL OF THE APRIL 19, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes On Page 7 of the AprilS, 1982 City Council minutes, the person's name is Mr. Joe Scribner, rather than as in the minutes, Mr. Gil Scribner. Councilman Schuldt again made comment to clarify his feelings regarding the re- development plan submitted by the Housing and Redevelopment Authority. Councilman Schuldt indicated that he felt the City needed a plan to be used as a guide as the redevelopment process happens in the downtown community. COUNCILMAN TOTH MOVED TO APPROVE THE MINUTES OF THE APRIL 5, 1982 CITY COUNCIL MEETING AS AMENDED. COUNCILMAN ENGSTROM SECONDEU_ THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike Mr. Gary Santwire questioned the Lundgren zone change, as it was not on the agenda as a public hearing. The City Administrator indicated that the owners are presently rethinking the plan and that it will be resubmitted to the Planning Commission for recommendation. 5. Downtown Parking Restrictions The City Administrator indicated that some questions have been raised regarding park- ing restrictions for employees in the downtown area of Elk River. Mr. Les Anderson of the SherCo Star News and Shopper, read an editorial from Mr. Elmer Anderson re- garding the downtown parking problem. It was Mr. Elmer Anderson's position that as much parking as possible should be allowed for the retail trade and that each employer should work out individual requirements around that basis. Mr. Les Anderson indicated that Mr. Elmer Anderson has appointed Mr. Les Anderson to look into the parking problem for SherCo Star News employees and further indicated that perhaps some park- ing could be arranged for employees behind their building. The City Administrator in- dicated that parking space could be made available at the City Hall building where the Riverside Lounge was previously located. Mr. Gerry Hagen was present, representing the Retailer's Association and indicated that there are as many opinions regarding the parking problem as there are people, and further indicated that the Retailers could not offer a solution regarding the April 19, 1982 City Council Minutes Page Two , parking problem. Mr. Les Anderson questioned the cost of parking in the Riverside Lounge parking lot. Mayor Hinkle indicated that he did not feel the cost would be very much. Councilman Toth suggested that the considerat~on ofa fee for the parking in the former Riverside Lounge parking lot should be referred to committee. The City Ad- ministrator indicated that he felt a dozen parking spaces could be available on a temporary basis immediately. Mr. Jim LaRock suggested the City Council look into the Burlington Northern Rail- road Depot parking spaces. Councilman Toth indicated that the Depot would be used as a maintenance building and that the Burlington Northern cannot at this time, indicate if there would be any additional space available for parking. It was the general consensus of the City Council that a fee for parking in the former Riverside Lounge parking lot would be referred to committee for recommendation. 6. Date for City Code Public Hearing The City Administrator indicated that a final draft of the City Code would be available at the City offices on Thursday and further recommended that the City Council establish May 3rd, 1982, as a date for the public hearing for adoption of the City Code. Mayor Hinkle indicated that copies would be available for inspection at the Library and at City Hall and further indicated that specific changes in the Code would be highlighted through news releases. COUNCILMAN TOTH MOVED TO APPROVE MAY 3RD, 1982, AT 8:00 P.M. AT THE LIBRARY AS THE DATE FOR THE PUBLIC HEARING FOR THE ADOPTION OF THE NEW 1982 CITY CODE OF ORDINANCES. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Approval of Lawcon Preliminary Application The City Administrator indicated that the Lion's Club and the City staff have. worked together to develop a preliminary concept for a park in the bog area for presenta- tion to the City Council. The City Administrator further indicated that the Lion's Club and City staff are asking the City Council for approval of the preliminary con- cept and approval to submit an application for a Lawcon grant. The City Administra- tor indicated that it has been indicated by the State of Minnesota that if the City of Elk River turns in a particularly strong application, the City stands a good change of getting funded. Mr. Harold Gramstad submitted a preliminary list of amenities proposed for the park area. The City Administrator indicated that if the concept is desirable to the City Council, City staff and the Lions Club will put cost figures together for the application of the Lawcon grant. Councilman Toth indicated that he did not have a problem with the concept but did question the theory regarding access to the park and parking facilities. General discussion was carried on regarding fencing, plantings, bushes and so forth, around the perimeter of the park area. Councilman Schuldt indicated that he felt the bog area would be an attractive setting for a city park and suggested the Lion's Club contact the VFW and the American Legion regarding a permanent part of the park for the VFW and the American Legion for their memorial services on Memorial Day. April 19, 1982 City Council Minutes Page Three Mayor Hinkle indicated that City staff Was looking for approval of the preliminary concept of the city park and approval to submit an application for a Lawcon grant. COUNCILMAN SCHULDT MOVED TO AUTHORIZE CITY STAFF TO APPLY FOR A LAWCON GRANT FOR DEVELOPMENT OF THE. PARK IN THE BOG AREA WITH THE LIONS CLUB. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Murphy Zone Change Request - Public Hearing The City Administratbr indicated that Mr. Bill Murphy of Bill Murphy Construction, St.Cloud, Minnesota, has requested that Lots 1, 2 and 3, Block 3, Auditor's Ad- dition, be rezoned from the current zone of R-1c to R-2. The City Administrator fur- ther indicated that the Planning Commission's action was to unanimously approve of the rezone request by Mr. Murphy. The City Administrator indicated that during the Planning Commission's discussion of the rezone request, the question of spot zoning was considered. The City Administrator further indicated that the criteria that make for a spot zone is that the rezoning of a particular parcel would benefit one individual, that it would conflict with the land use map, and that it would conflict with the adjoining area. The City Administrator further indicated that the Planning Commission found that Mr. Murphy's request did not represent spot zoning as it was not out of character for the area and is consistent with the City's land use map. Mr. Tom Johnson indicated that he was a neighbor to the area and expressed his oppo- sition to the rezone request. Mr. Johnson indicated that he felt it was a spot zoning and was particularly concerned about the other vacant properties in the area and should this specific area be rezoned, the other vacant properties could also be rezoned. Mr. Johnson indiCated that approximately one and one-half years ago, Dr. Jarmoluk requested a zone change for his property in that area to build an apartment complex. Councilman Toth indicated that one of the reasons the rezone request by Dr. Jarmoluk was dropped was because of the lot size. Ms. Dee Allison of Mark's Realty, representing Mr. Bill Murphy, indicated that Mr. Murphy's plan for the lots is to build split-entry double bungalows on a zero lot line concept; therefore, allowing for the sale of each unit to individual owners rather than to be used as rental units. Mr. Martin Tracy, representative from the Planning Commission, indicated that the Planning Commission unanimously approved the rezone request and recommends the City Council to approve the rezone request. Mr. Roger Page indicated that Anoka has done some spot zoning and therefore, he was recommending the City Council to not approve the rezone request. The City Administrator indicated that the rezone request from R-1c to R-2 is a minor density change and is consistent with the land use map. The City Administrator fur- ther indicated that the concept of townhouses and duplexes seems to be a desire of the future for housing. Ms. Dee Allison indicated that the proposed housing units would be single garages facing Main Street, two bedrooms, Bi-level units, designed to utilize the view of the lake. General discussion was carried on regarding rental property versus privately owned property. Councilman Schuldt indicated that he also April 19, 1982 City Council Minutes Page Four lives in the area and agreed with Mr. Johnson that he did not want an apartment building to be built on that vacant land~ but felt the suggestion of a rezone to R-2 which would allow for duplexes was not out of line and was consistent with the land use map. Councilman Schuldt indicated that he would rather see this site developed as proposed rather than at some time in the future, the rezoning for larger units be approved by a future council. Mr. Johnson indicated that six families proposed for the area is a significant change from what is now there. Councilman Schuldt indicated that the Planning Commission has recommended the zone change and it is consi~tent with the land use map and the proposed change is compatible with the surrounding area. COUNCILMAN SCHULDT MOVED TO APPROVE THE REZONE REQUEST BY MR. BILL MURPHY FOR LOTS 1, 2 AND 3, BLOCK 3, AUDITOR'S ADDITION, FROM R-IC-SINGLE FAMILY RESIDENTIAL, TO R-2 - TWO FAMILY RESIDENTIAL. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Zoning Ordinance Amendment Regarding Accessory Structures/Metal Buildings - Public Hearing The City Administrator indicated that the Planning Commission has reviewed and approved language regarding acces~ory structures for the City of Elk River and in- sertion intotheCity'~ zoning ordinance, regarding the construction of metal- skinned acces~ory buildings. The City Administrator reviewed the changes in the zoning ordinance relating to accessory structures and specifically, metal build- ings, as listed in his memo of April 15th, 1982 to the Mayor and City Council. Mayor Hinkle opened the public hearing. Mr. Gramstad asked if a proposed building did not lend itself to the situation, could it still be prohibited from being built. The City Administrator explained that if it was within the City's ordinance, the City would not have the authority to stop construction of a proposed building, and further indicated that an architectural review could be done but would be very cumbersome. Mayor Hinkle indicated that the general public seems to like less government~ rather than more. Mr. Bob Fritz questioned the City's ordinance regarding the size of accessory structures. The City's building official indicated that the State Building Code regulates the size of accessory structures. Councilman Toth questioned Section F of Section 900.20 regarding areas that are residential and yet large enough in size to allow for an accessory building to be used other than for agricultural, and according to this section, that would not be allowed. General discussion wa~ carried on between the City Council, Mr. Rick Breezee - the Building Official, Mr. Martin Tracy - Planning Commission Chairman, and the City Administrator regarding the language proposed for construction of metal buildings in Rl-a and R-lb Residential zoned areas. Mr. Breezee indicated that the building code allowed for a,l,OOO square foot building and generally, anything under 1,000 square feet, a metal skinned-building is not any cheaper than a wood or masonry building. April 19, 1982 City Council Minutes Page Five It was the general consensus of the City Council that a correction to Section 900.18 accessory use setbacks, to include an R-la zone following A-I would address the problem of construction of buildings in the residential area. COUNCILMAN TOTH MOVED TO ADOPT THE ORDINANCE CHANGE FOR ACCESSORY BUILDINGS IN SECTION 900.20 - GENERAL REGULATIONS, AND SECTION 900.18, DEALING WITH ACCES- SORY USES SETBACKS WITH THE CORRECTION IN SECTION 900.18 TO ADD Rl-AZONES TO THE SETBACK RF;;QUIREMENTS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN TOTH MOVED TO REMOVE THE MORATORIUM PLACE ON CONSTRUCTION OF METAL- SKINNED BUILDINGS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. .. 10. Custom Motors Conditional Use Permit Compliance Mr. Harold Zuppa, of Custom Motors, was present to review his landscape plan with the City Council. Mr. Zuppa indicated that it was their plan to complete the fenc- ing of the area with cyclone fence or wood fence and then to plant Engelman Ivy along the, edge of the fence. Mr. Zuppa also indicated that he did not want to fence the front of the property, and if the property was totally screened, there would be no security. Councilman Toth indicated that the City was not as concerned about the front of the property as they were about the sides and back of the property. General dis- cussion was carried on regarding the type of screening to be used. It was the general consensus of the City Council that a type of screening to be used should be the evergreen nature in order to provide that screening year-around. Council- man Toth indicated that he did want to see pine trees planted along the back as well as the Engelman Ivy. It was the general consensus of the City Council that the area on both sides of the property and the front as far back as the front of the main building could remain open and the balance of the property, that is from the front of the main building back and around, should be ,fenced and screened,with Engelman Ivy and evergreen trees to be planted ev~ry twenty feet. Councilman Toth indicated that this screening should be completed by June 30th, 1982. COUNCILMAN SCHULDT MOVED TO ACCEPT THIS SCREENING PLAN AS RECOMMENDED BY THE CITY COUNCIL TO BE COMPLETED BY JUNE 30TH, 1982. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Maue Conditional Use Permit for Temporary Trailer The City Administrator indicated that Mr. Max Maue was issued a conditional use permit for a temporary trailer at 19215 Tyler Street in October of 1980, as he was going to build a house on the property. The City Administrator further indicated that in May of 1981, Mr. Maue realized he had some title problems with the prop- erty and therefore requested a second conditional use permit. The City Administra- tor indicated that the City Council granted Mr. Maue a six-month conditional use permit on May 14th, 1981 because Mr. Maue was having a problem obtaining clear April 19, 1982 City Council Minutes Page Six title to the property. Mr. Maue explained that he has spent $1,800 in attorney fees to solve his title problem with the property. Mr. Maue indicated that there is a $28,0000 judgement against the property and further indicated that he has $25,000 tied into the property right now. Mr. Maue indicated that there are problems with the survey and the title to the property. The City Administrator indicated that Mr. Maue has been granted one extension and should Mr. Maue prove to the City Council that he has problems with obtaining clear title and is pur- suing the solution of those problems, the City Council could extend the conditional. use permit for another periOd, due to extenuating circumstances of the title prob- lem. Mr. Maue again explained the cost he has already has into the property and the solving of the title problem. COUNCILMAN ENGSTROM MOVED TO EXTEND THE CONDITIONAL USE PERMIT FOR MR. MAX MAUE FOR A TEMPORARY TRAILER AT 19215 TYLER STREET TO JUNE 30, 1982. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Peterson Addition Reassessment Procedure The City Administrator indicated that City staff was researching the costs attri- butable to the road and the crossing so that an appropriate amount can be deter- mined to be assessed to the benefited area and then to the City has a whole for the balance. The City Administrator further indicated that the next step in the process would be the notification of the County Auditor to no longer collect asses- sments from the individuals originally assessed, and then at the May 3rd City Coun- cil meeting, a proposed assessment roll and area would be presented to the City Council with the public hearing to assess the cost.associated with the rail cross- ing to be scheduled for June 7, 1982. Mayor Hinkle asked at what time would the City stop collection of the assessments. The City Administrator indicated that upon determining the appropriate amount to be assessed, the City could then notify the County Auditor to stop collection of assessments originally assessed. Mr. Bob Fritz indicated that he did not agree with the City Administrator's pro- posal for the recommended process for the Peterson Addition reassessment. Mr. Fritz indicated that in the conclusion of facts from Judge Dablo, the costs were specified; specifically, $57,870.95 for the signals and a total cost of $71,000.95. Mr. Bob Fritz indicated that the City Council can, by resolution, determine that the City will pay the $57,870.95 and the balance can be assessed. The City Administrator recommended that the City Council adopt the resolution once the exact numbers had been determined. Councilman Toth suggested that the Mayor contact the City Attorney regarding the numbers to be used in the resolution. The City Administrator indicated that Judge Dablo's order does not contain the costs for the rail signals and the cr~ssings and that the numbers are in the findings of fact. General discussion was carried on between Mr. Fritz, the City Administrator and the City Council regarding the process to follow for the reassessing procedures. Mayor Hinkle suggested that the City authorize the County Auditor to stop the April 19, 1982 City Council Minutes Page Seven collection of assessments and then to reassess the costs when the exact costs are determined. The City Administrator indicated that the public hearing for the re- assessment of the costs in the Peterson Addition is scheduled for June 7th and therefore, the timing and the determination of the exact costs was not that rele- vant between the April 19th date and the May 3rd date. COUNCILMAN TOTH MOVED TO INSTRUCT THE COUNTY AUDITOR TO STOP THE COLLECTION OF TAXES ORIGINALLY ASSESSED IN THE PETERSON ADDITION FOR THE RAILROAD CROSSING FOR THE WHOLE AMOUNT OF $71,000.95 AND TO. THEN FOLLOW THE TIME SCHEDULE AS RECOMMENDED BY THE CITY ADMINISTRATOR FOR THE REASSESSMENT OF THE COSTS IN THE PETERSON ADDI- TION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 13. Engineering Services for Final Design of Highway 11101 Bridge The City Administrator indicated that in order to be considered for funding for the #101 Bridge, the City must have a completed set of plans and specifications avail- able for the State and Federal review, and further indicated that the City's share of the cost of the final plans and specifications is~j2,500. The City Administra- tor indicated competition for the bridge replacement funds are by a new bridge in Sartel and the 10th Street bridge in St. Cloud, and further indicated that realis- tically the City's chances of being funded are probably best in the 83'-84f fiscal year. The City Administrator indicated that funds to pay for the outstanding en- gineeringexpenses of $21,000 and the future engineering expenses of approximately $32,000 can be obtained from the City's state aid funds. COUNCILMAN TOTH MOVED TO APPROVE THE SUPPLEMENTARY AGREEMENT FOR FINAL DESIGN SER- VICES WITH TKDA, WITH COSTS TO BE PAID FROM THE UNRESTRICTED STATE AID MONEY. COUN- CILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 14. Slide Presentation on Building Safety Mr. Rick Breezee gave a slide presentation regarding building safety and building codes, as April is Building Safety Month. 15. Non-intoxicating Malt Liquor Temporary On-Sale License for Henning Realty Softball Team The City Administrator indicated that Henning Realty has applied for a non-intoxi- cating malt liquor lisencefor a June 5th and 6th scheduled softball tournament The City Administrator further explained that this scheduled tournament is sepa- rate from the tournaments scheduled by Mr. Reg Powell. COUNCILMAN ENGSTROM MOVED TO APPROVE THE NON-INTOXICATING MALT LIQUOR TEMPORARY ON~SALE LICENSE FOR HENNING REALTY SOFTBALL TEAM FOR JUNE 5TH AND 6TH, 1982. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 2~1. COUNCILMAN SCHULDT OPPOSED. Councilman Schuldt questioned the scheduling of another weekend which would occupy the fields and not leave them open to the general public. It was tne general con- sensus of the City Council to not allow for the scheduling of any more tournaments April 19, 1982 City Council Minutes Page Eight on the softball fields. for the balance of the '82 season. l5~. Christiansen Easement Vacation The City Administrator indicated that the City Council had vacated an easement from George Cowles and when the easement was vacated, nothing more was done so therefore, no one owns the property. The City Administrator further indicated that Mr. Christiansen has asked the City Council for a quit claim deed for the property that was vacated. COUNCILMAN SCHULDT MOVED TO APPROVE THE AUTHORIZING OF THE QUIT CLAIM DEED OF THE EASEMENT VACATION TO MR. CHRISTIANSEN. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 16. Administrator's Update A. Aerial Map of Elk River The City Administrator indicated that the proposal from Mark Hurd to provide for aerial maps of the City of Elk River would cost approximately $16,000 and then the City would then have to buy the maps after that cost. COUNCILMAN TOTH MOVED TO NOT AUTHORIZE MARK HURD TO DEVELOP AERIAL MAPS OF THE CITY OF ELK RIVER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. B. Attendance at the Spring City Managers Association Conference COUNCILMAN ENGSTROM MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO ATTEND THE S~RING CITY MANAGER'S CONFERENCE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 17. Check Register COUNCILMAN TOTH MOVED TO APPROVE THE APRIL 15TH, 1982 CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 18. Tentative Agenda Mr. Larry Morrell is tentatively scheduled for the May 3rd City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Respectfully submitted, ~ffi~~ Phy~~~S Boedigheimef Deputy City Clerk/Treasurer PB:dkk