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07-12-1982 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE <ELK RIVER PUBLIC LIBRARY JULY 12, 1982 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 l3~ - The stop signals at Highway 169 and Main Street, Item l4~ - Noxious weeds, Item 19E - The downtown park, and Item 19F - Purchases from Region 7W, were added to the July 12th, 1982 City Council Agenda. COUNCILMAN TOTH MOVED TO APPROVE THE JUlY 12th, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED.THE.MOTION. THE MOTION.PASSED.4-0. 3. Minutes A correction to the motion for Item l5F - Authorization was made to the City Admini- strator and Mayor. COUNCILMAN ENGSTROM MOVED TO APPROVE THE MINUTES OF THE JUNE 21st, 1982 CITY COUNCIL MEETING AS AMENDED. COUNCILMAN.DUITSMAN SECONDED.THE.MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 5. Storm Sewer Project Feasibility Report Mr. Terry Mauer ofCGftsulUi:@.Engineers Diversified reviewed the feasibility study on the storm sewer and the street improvements project for the School Street drainage area. Mr. Mauer indicated that the report analyzes the feasibility of providing storm drainage improvements to approximately half of the School Street drainage area and the feasibility of constructing a municipal state aid street improvement from School Street through the pr~posed PUD to 5th Street and then along Gates Avenue to Main Street. Mr. Mauer indicated that the storm drainage system has been divided into four segments. The first segment is the proposed storm sewer line from the river under Highway 10 and the Burlington Northern Railroad north on Gates Avenue to 5th Street and then north through the proposed PUD to School Street. The second seg- ment runs from the intersection of Gates Avenue and 5th Street to the existing ditch to the proposed pond in the bog area and includes the construction of the pond. The fourth. segment runs from School Street at the north line of the proposed .PUD around the north side of the elementary schools and into the existing wetland just north of the Elk River Senior High. Mr. Mauer further indicated that segments one and two are both required as a minimum to provide an outlet to the river for the proposed School Street improvements. Mr. Mauer reviewed the estimated.construction costs for the individual proposed segments of the storm drainage project as follows: Segment One - $432,700, Segment Two - $115,600, Segment Three - $79,500, Segment Four - $86,200, for a total estimated construction cost of $714,000, with engineering and administration at $182,800 for a total estimated project cost of $896,800. Mr. Mauer indicated that of City Council Minutes July 12, 1982 Page Two the estimated $896,800, approximately $200,000 are directly attributable to the MSA street construction and are proposed to be financed by MSA funds with the remaining $696,800 proposed to be assessed to the benefitting properties. Mr. Maurer indicated that a portion of trunk costs was done on a weighted acres basis using the following ratio of assessment rate: Single family and multiples 1 and Industrial/Commercial, planned unit development - 1.5. Mr. Maurer then reviewed the distribution of trunk and lateral costs by subdistrict. Mayor Hinkle indicated that he and the City Administrator have met with the Minnesota Department of Transportation and the MnDOT indicated that Highway #10 may be open cut for the storm sewer system if the project would coincide with the Minnesota Department of Transportation's Highway fnO improvement project scheduled for 1984. Mr. Maurer indicated that it is estimated that an approximate $50,000 savings could be accomplished by the open cutting of Highway 10 rather than the jacking for the storm sewer. Mr. Maurer further indicated that should the municipal state aid designation for Evans be switched to Gates, it may take some time at the Minnesota Department of Transportation for approval. Mr. Nick Olson requested that the City Council review the possibility of a credit for the storm sewer cost incurred approximately 6 years ago for the construction of some dry wells in the School Street area. General discussion was carried on regarding the construction of a temporary ponding area in the PUD if the School Street project is completed this year. Further discussion was carried on regarding the administration and engineering costs estimated in the total costs of the project. Mr. Terry Maurer reviewed the proposed project schedule. Mr. Maurer indicated that should a public hearing be held in August, plans and specifications would be prepared within approximately two months following the accepting of the bids would be scheduled for approximately November, with construction beginning the early part of 1983 with completion late 1983. Further discussion was carried on regarding scheduling of the storm sewer pro- ject in conjunction with the State of Minnesota's Highway 10 project improve- ment to be done in 1984. The City Administrator indicated that it is recom- mended the City Council consider segments one and two at a minimum because of the School Street improvement project and the planned unit development. Councilman Duitsman indicated that he also felt segments three and four were important and should also be considered in the current project. Ms. Julie Hipp questioned whether the cost for the construction of a temporary ponding area in the PUD would be assessed to the individual owners along with School Street improvement assessments. Councilman Duitsman questioned the amount of MSA funds available. The City Administrator indicated that there is approximately $700,000 in MSAfunds available. The City Administrator asked the City Council to specify the segments they felt necessary to be included in this storm sewer project for public hearing notices. Councilman Duitsman indicated that he was interested in the public input regarding the storm sewer project for all four segments. Mayor Hinkle indicated that he felt the total storm sewer project should be addressed all at once. City Council Minutes July 12, 1982 Page Three COUNCILMAN TOTH MOVED TO INCLUDE ALL FOUR PROPOSED SEGMENTS FOR THE STORM SEWER PROJECT FOR CONSIDERATION AT A PUBLIC HEARING. COUNCILMAN DUITSMAN SECONDED THE MOTION~ THE MOTION PASSED 4-0. General discussion was carried on regarding the suggested method of assessments for the storm sewer project. Councilman Duitsman suggested the City Council meet in committee with the consulting engineering firm to review other standards of assessments. General discussion was carried on regarding the establishing of a public hearing date and a committee meeting date. It was the general con- sensus of the City Council that Tuesday, August 24th be. established as a public hearing date for the storm sewer project. COUNCILMEMBER DUITSMAN MOVED TO ADOPT RESOLUTION 82-30 ACCEPTING THE FEASIBILITY STUDY FOR THE STORM SEWER AND STREET IMPROVEMENTS FOR THE SCHOOL STREET DRAINAGE AREA, AND ALSO ESTABLISHING THE PUBLIC HEARING DATE FOR THE IMPROVEMENT PROJECT AS TUESDAY, AUGUST 24, 1982, AT 7:30 P.M. AT THE VANDENBERG JUNIOR HIGH SCHOOL. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN ENGSTROM MOVED TO APPROVE THE ORDERING OF A DETAILED FEASIBILITY STUDY FOR THE .. ROAD IMPROVEMENTS ASSOCIATED WITH THE STORM SEWER PROJECT AND THE PUD IMPROVEMENTS. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. It was the general consensus of the City Council that the engineers present the most advantageous proposal for a road from Main Street through the PUD area. Barthel Planned Unit Development ~ Conditional Use Permit and Preliminary Plat/ Public Hearing The City Administrator indicated that at the last City Council meeting, the site plan for the planned unit development involved a 75,000 square foot commercial building and since that time the developer has revised the plan to 55,000 square feet for Parcel A which is the major shopping facility in the planned unit develop- ment. The City Administrator further indicated that the original concept and site plan proposed for Parcel E was a multi-story office and professional building which now has been changed to a three-story apartment building containing 60 units. The City Administrator indicated that the Planning Commission has reviewed the current proposal by the Barthel Developers for the planned unit development, and further indicated that the Planning Commission approved a detailed motion approving the proposed size of 55,000 square feet for the major shopping facility and the phasing plan and included specifying the other improvement questions that are unanswered. The City Administrator further indicated that the City Staff supports the new size proposed in the new site plan and the current phasing plan proposed. The City Administrator indicated that the phasing plan involves commercial develop- ment, then housing development, and then further commercial development, and further indicated that no exact dates for each phase have been established as it is the feeling that the market will dictate the progress of the development of each phase. The City Administrator indicated that the unanswered questions involve the public improvements of storm sewer, water systems, and road improvements necessary for the planned unit development. The City Administrator indicated that until these questions are answered, the findings of the conditional use cannot be satisfied. City Council Minutes July 12. 1982 Page Four Mayor Hinkle indicated that he felt the City Council should give the Barthel de- velopers some indication of their intent of approval of their proposed site plan and a conditional use permit. The City Administrator indicated that the City Council could give a conditional ap- proval of the proposed site plan and an indication of approval of the conditional use permit when all of the documents necessary are submitted and the public improve, ments are addressed. The City Administrator further indicated that he has been in contact with the Minnesota Highway Department regarding access on to Highway 169 from the PUD and further indicated that a request for access must come from the property owners. Mr. Jim LaRock indicated that if the City cannot obtain access on to Highway 169, the City Council should consider a service road along Highway 169 for the flow of traffic from School Street through the planned unit development to Main Street. Councilman Toth indicated that the nursing home is planning construction and that a service road would not be able to be completed from School Street to Main Street. General discus- sion was carried on regarding a major street improvement through the planned unit development unit. Mr. Nick Olson, representative of the East Side Citizens, indicated that the East Side Citizens were in favor of the commercial development and approved of the pro- posed buffer zone between the planned unit development and the residential area. Mr. Gary Santwire indicated that twelve conditions must be met for approval of the conditional use permit and the planned unit development preliminary plat and further questioned how many of those conditions have been met by the Barthel planned unit development. The City Administrator indicated that of the six conditions for a conditional use permit, approximately three have been satisfied, and further indicated that more documents must be submitted in order to satisfy all of the conditions. The City Ad- ministrator reviewed the six standards required for a conditional use permit. Mr. Joe Flaherty indicated that he was in favor of the proposed development along Highway 169. Mr. Flaherty indicated that in the past 63 years, there have not been any new buildings constructed in the downtown area and that all new development has been done on the other side of the tracks. Mr. Flaherty indicacted that it is his feelings that that is the only direction the City can grow. Mr. Flaherty further indicated that it is his understanding that the issuance of industrial revenue bonds does not cost the City and does. not take away from the integrity of the City. Mr. Flaherty indicated that it is his information that most of the progressive City's are using industrial revenue bonds to promote development and labor development as well. ~ Mr.Les Anderson questioned the proposed parcels F and G as part of the long range plan with regard to their proposed detachment from the main shopping facility. It was explained that parcel F is proposed for a free~standing building of atennant type that would require their business to be located away from the main shopping facility and it was further explained that parcel G could possibly be linked to the main shopping facility. City Council Minutes July 12, 1982 Page Five Mayor Hinkle closed the public hearing and asked the members of the City Council for their comments. The City Administrator indicated that the questions of the water system, road im- provements and storm water drainage systems must be answered prior to approval of a conditional use permit. Councilman Toth indicated that those questions cannot be answered by Barthel individually. The City Administrator suggested that the City Council take action similar to the Planning Commission, giving tentative approval and specifying the questions that need to be addressed prior to approval of the preliminary plat and the conditional use permit. The City Administrator further indicated that the approval of the pre- liminary plat and conditional use permit should be done in a resolution form drawn up by the City's attorney. Councilman Duitsman indicated that he felt the City's attorney should draw up a resolution and that the City Council could give preliminary approval to the Barthel development people at this time. Councilman Duitsman further indicated that he was in favor of a shopping center with a mall and approved of the. 75,OOOLsquare foot proposal rather than the 55,000 square foot strip center currently proposed. Councilman Toth indicated that he was in agreement with Councilman Duitsman and further indicated that it was his feeling that the City must move ahead and that the City needs to progress and therefore was in favor of a 75,000 square foot major shopping facility for the Barthel planned unit development. Councilman Engstrom indicated that he was in agreement with Councilman Toth and Councilman Duitsman regarding the progress of the City but that he felt the center could be built to allow for added growth. Councilman Engstrom further indicated that he felt the development of the major shopping facility could be done in stages and that it could be made with a corridor so that commercial additions could be made. Councilman Engstrom indicated that he did not want to hurt the present com- munity by approving a larger sized facility in the planned unit development and further indicated that he felt the commercial development should be a benefit to the whole community. Councilman Schuldt indicated that he felt there was a need for a commercial facility, but how much and when was the major question. Councilman Schuldt further indicated that he felt the public improvements must be addressed first; specifically the need for more water. Councilman Duitsman questioned Mr. Terry Mauer of Consulting Engineers Diversified as to the progress of the water study report. Mr. Mauer indicated that the techni- cal work should be done within a week and the the report should be completed within two weeks. Mr. Mauer indicated that the City has water pressure problems and water storage problems currently and therefore, not enough fire protection. Councilman Duitsman indicated that he felt the City Council could make the same recommendation as the PlannIng Commission. City Council Minutes July 12, 1982 Page Six COUNCILMAN DUITSMAN MOVED TO ADOPT THE MOTION AS PRESENTED BY THE PLANNING COMMIS- S ION . WITH THE EXCEPTION. THAT PHASE ONE, . PARCEL "AI' REMAIN. AT . THE PROPOSED 75,000 SQUARE FEET. COUNCILMAN TOTH SECONDED THE MOTION. The City Administrator indicated that the 75,000 square feet was not the intent of the Planning Commission. Councilman Schuldt indicated that the present plan as presented with the 55,000 square feet for Parcel A, Phase 1, is acceptable for the City of Elk River and further indicated that he could not support approval of 75,000 square feet for Parcel A, Phase 1. Councilman Toth indicated that the downtown area, the proposed Barthel planned unit development, and the Barrington Place planned unit development were all in his ward and in his conversations with citizens of the community, it is his impression that the people want more shopping facilities and more commercial to be provided to the community. Mayor Hinkle questioned Mr. Ken Barthel regarding the proposal of a 55,000 square foot strip center that would include a mall. Mr. Barthel indicated that his pro- posal is basically the same as the strip center in Rogers and further indicated that with the proposed 55,000 square feet, a mall could not be included. Commissioner Pearce indicated that the Planning.. Commission's recommendation is based on the City Planner, Mr. Zack Johnson's report and further indicated that he felt Mr. Johnson's report should be considered in the decision making of the size of the major shopping facility proposed. Councilman Schuldt indicated that it was his feeling that if industrial revenue bonds were used for the shopping facility to bring in new business~ he could approve of an industrial revenue bond issue. But if it was to relocate businesses from the downtown community, he was not. in favor QD industrial revenue bonds. COUNCILMAN DUITSMAN'S MOTION FAILED 2-:-3. COUNCILMAN SCHULDT, COUNCILMAN ENGSTROM AND MAYOR HINKLE OPPOSED. Councilman Engstrom indicated that he felt a major shopping center was needed for the City and that it was his feeling that the facility should be designed to allow for expansion in the future. COUNCILMAN ENGSTROM MOVED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATION REGARDING THE BARTHEL PLANNED UNIT.DEVELOPMENT.CONDITIONAL.USE PERMIT AS SUBMITTED BY.THE PLAN- NING COMMISSION. COUNCI~MANDUITSMAN SECONDED THE MOTION. Estelle Gunkel, Commissioner for the Planning Commission, questioned the possibility of a mall to be designed within 55,000 square feet. Commissioner Gunkel asked if it was a matter of economics, as she is aware of the fact that there are malls of smal- ler size constructed in the area; Sl'ec.ifical1;r! the Monticello Mall. City Council Minutes July 12, 1982 Page Seven Mr. Marlin Hutchinson of the Barthel development group, indicated that the numbers just will not work due to the cost of streets and improvements to include a mall in the shopping facility. Commissioner Gunkel indicated that she supported the motion>recommended.by thelllan- ning Commission. Commissioner Pearce indicated that he could not accept the fact that a 55,000 square foot shopping facility could not be constructed without a mall. Ms. Laura Manske indicated that the difference between the 55,000 square feet and the 75,000 square feet would involve the Ben Franklin store as they would be in- terested in leasing 13,000 square feet of the proposed difference of the 20,000 square feet. COUNCILMAN ENGSTROM'S MOTION AS PROPOSED FAILED 1-3. COUNCILMAN DUITSMAN. COUNCILMAN TOTH. COUNCILMAN ENGSTROM OPPOSED. COUNCILMAN TOTH MOVED TO ADOPT THE MOTION AS PRESENTED BY THE PLANNING COMMISSION WITH THE AMENDMENT THAT PARCEL "A", PHASE 1, CONSISTS OF 75,000 SQUARE FEET. COUNCIL- MAN ENGSTROM SECONDED THE MOTION . THE MOTION PASSED 3-1. COUNCILMAN SCHULDT OPPOSED. 7. Barrington Place Industrial Revenue Bond Mayor Hinkle indicated that Mr. Gary Santwire. developer for the Barrington Place planned unitdeve1bpment. has requested confirmation of the City Council's prelimi- nary approval for the issuance of industrial revenue bonds for an approximately 47.000 square foot shopping center in his planned unit development. Mr. Gary Santwire indicated that he was requesting re-assurance from the City Council of their preliminary approval in October for industrial revenue bbnds. Mr. Santwire indicated that he was disappointed that the City Council had not acknowledged the fact that his approximate 47,000 square foot shopping center did contain. a mall. Councilman Schuldt indicated that he could not approve the issuance of industrial revenue bonds for the transfer of downtown commercial businesses to the new proposed shopping center and the Barrington Place PUD. Mr. Santwire indicated that at the present time, it appears that approximately 70% of the tennants would come from outside the existing business area and further indi- cated that as soon as he receives confirmation from the City Council for industrial revenue bonds, he will proceed with the project. Councilman Schuldt questioned the effect of the water problem on the Barrington Place proposed shopping center. Mr. Terry Mauer of Consulting Engineers Diversified, in- dicated that the Barrington Place PUD is confronted with the same problem as the Barthel PUD. Mr. Mauer indicated that shopping centers generally do not have a large daily usage of water but there wbu1d not be the fire protection necessary. Councilman Duitsman indicated that he was in support of development for the City of Elk River and therefore in favor of the issuance of industrial revenue bonds. City Council Minutes July 12, 1982 Page Eight The City Administrator indicated that it was his opinion that approval of 75,000 square feet for the Barthel. planned unit development and approval of the Barrington Place shopping center, would exceed the recommended square footage of commercial space for the City of Elk River. The City Administrator further indicated that he did not feel the City Council could issue industrial revenue bonds for both proposed planned unit developments. Mr. Santwire indicated that the City Council should be reviewing his request and not both developments and further reminded the City Council that the public improve- ments are in his PUD. Councilman Schuldt indicated that Mr. Gary Santwire's planned unit development was not considered in the discussion of the Barthel planned unit development and further indicated that he felt the same consideration should be given to Mr. Santwire and his Barrington Place planned unit development. COUNCILMAN ENGSTROM MOVED TO GRANT PRELIMINARY APPROVAL TO MR. GARY SANTWIRE'S REQUEST FOR INDUSTRIAL REVENUE BONDS FOR HIS APPROXIMATE 47;000 SQUARE FOOT COMMERCIAL CENTER IN THE BARRINGTON PLACE PLANNED UNIT. DEVELOPMENT. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. School Street Improvement Project - Public Hearing The City Administrator indicated that the City Council has reviewed and approved the plans and specifications for the School Street improvement project and also ordered the taking of bids. The City Administrator further indicated that in order to comply with the requirements of Minnesota Statute, the City Council must hold a p1.1blichearing within 6 months from the date the project is to be awarded. The City Administrator indicated that prior to awarding the contract and ordering the improve- ment, the City Council "should address the bonding and financing for the project and the assessment policy and rate for the project. The City Administrator reviewed the cost for the project, the source of funds for the project through MSA funds, and assessments, and the surplus of funds that would be used for the Irving Avenue sidewalk and the up front costs for the engineering of the Highway 101 bridge. The City Administrator indicated that at the present time, it has been proposed to assess the School District and the homeowners along School Street for the cost of repairing a normal residential street on a front foot basis and further indicated that in the preliminary report, the estimated front foot cost would be $12.50. The City Admini- strator indicated that the City Council should address the level to which people are assessed along the project route and what amount should be assessed. Mayor Hinkle opened the public hearing. Mr. Nick Olson asked the City Council to consider a credit to the citizens that were assessed for the storm sewer which involved dry wells along School Street. Gen- eral discussion was carried on regarding the cost of the dry wells that were placed approximately six years ago, if they were assessed, and how much the total costs of the project was. City Council Minutes July 12, 1982 Page Nine Mr. Jim LaRock questioned the amount of the surplus to be used for the Irving sidewalk and the 101 bridge and asked that the City Council consider reducing the amount to be assessed. The City Administrator indicated that the $12.50 per front foot cost is a fair cost for the School Street improvement project. Councilman Duitsman indicated that he felt the reserve could be reduced to $75,000 and the $10,000 could be used as a credit for the dry well storm sewer project along School Street. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PROPOSED CONCEPT OF BONDING AND FINANC- ING FOR THE PROJECT AND THE ASSESSMENT POLICY AND RATE FOR THE PROJECT AS SUGGESTED IN THE CITY ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED JULY 8,1982, WITH AN ADJUSTMENT OF UP.TO $10,000 FOR A CREDIT AGAINST THE PREVIOUSLY ASSESSED STORM SEWER DRY WELL PROJECT. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 82-11, A RESOLUTION ORDERING THE SCHOOL STREET IMPROVEMENT PROJECT AND AWARDING THE BID TO THE LOW BIDDER, BAUERLY BROTHER's, INC., IN THE AMOUNT OF $343,501.32. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Goodman Administrative Subdivision - Public Hearing The City Administrator indicated that Mr. Sam Goodman has requested that the City approve an.administrative subdivision for his property bordered by Gary Street on the east, the service road south of Highway 10 to the north, Hudson Street to the west, and Main Street to the south. The City Administrator further indicated that Mr. Goodman would like to divide his property into three parcels and further indi- cated that it is recommended that the City Council approve the administrative sub- division. Councilman Schuldt questioned the purpose of the subdivision and whether it was for the sale of the property. Discussion was carried on regarding the ease- ment for Parcel A proposed as Parcel C. COUNCILMAN SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR MR. SAM GOOD- MAN FOR HIS PROPERTY LOCATED SOUTH OF HIGHWAY 10, WEST OF LAKE ORONO AND ORONO PARK. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Irving Avenue Sidewalk Plans and Specifications The City Administrator indicated that Mr. Terry Mauer was present to review the plans and specifications for the Irving Avenue sidewalk for the City Council. Councilman Toth indicated that he felt there should be no more than a two-foot boulevard at any point along the proposed sidewalk. General discussion was carried on regarding the source of funding for the sidewalk project should the City Council approve a $10,000 credit for the School Street pro- ject. The City Administrator indicated that it is estimated that the sidewalk pro- ject will cost approximately $25,000. City Council Minutes July 12, 1982 Page Ten .. COUNCILMAN TOTH MOVED TO APPROVE THE PLANS AND SPECIFICATIONS FOR THE IRVING AVENUE SIDEWALK PROJECT WITH THE CORRECTION THAT THERE SHOULD BE NO MORE THAN A TWO FOOT BOULEVARD ALONG THE SIDEWALK AND TO AUTHORIZE THE CITY ENGINEER TO OBTAIN A PRICE FROM THE SCHOOL STREET CONTRACTOR FOR THE IRVING AVENUE PROJECT. COUNCI'LMANDUITSMANSECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Maue Conditional Use Permit The City Administrator indicated that Mr. Maue's conditional use permit was ex- tended for the second time to June 30th, 1982, and that as of this date, Mr. Maue has done nothing to comply with the conditions of the conditional use permit. Mr. Max Maue indicated to >the City Council that as of June 27th, 1982, he.re- ceived clear title to his property and was trying to obtain financing for the construction of anew home. Mr. Maue asked the City Council for an extension of his conditional use permit until he could obtain financing for his home. COUNCILMAN SCHULDT MOVED TO GRANT AN EXTENSION OF 30 DAYS TO MR. MAX MAUE'S CON- DITIONAL USE PERMIT~ COUNCILMAN.ENGSTROMSECONDED'THE.MOTION. THE MOTION PASSED 4-0. 12. Building Permit Fee Schedule The City Administrator indicated that during the adoption of the City Code, it waS the general consensus of the City Council that building permits would be required for a wide variety of activities in the City but that it would be the City's policy to eliminate any fee for a building permit issued for a construction or repair valu- ation of up to $1,000. The City Administrator indicated that is is recommended that the City Council take formal action regarding the waiving of building permit fees for valuations up to $1,000. COUNCILMAN DUITSMAN MOVED TO WAIVE THE BUILDING PERMIT FEE FOR UNDER $1,000 VALUA- TION. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Zoning Ordinance Amendment Regarding Mobile Homes in Agricultual Areas Mayor Hinkle indicated that a young man has requested the City to allow a mobile home to be placed on his parent's farm as it is his intent to continue farming with his family. Mayor Hinkle further indicated that it was his feeling that mobile homes should be allowed inagriculturala:reas"an41..in part:i.cular for.fE:ttmap.- plication. Councilman Schuldt questioned the use of mobile homes in agricultural areas. Coun- cilman Toth indicated that generally farms have a lot of acreage and therefore a mobile home would not be placed right next door to a residential home. Mayor Hinkle indicated that he felt that a zoning ordinance amendment should be adopted that would allow for a two-year conditional use for the placement of a mobile home in an agricultural area. r . City Council Minutes July 12, 1982 Page Eleven COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO PREPARE AN ORDINANCE AMENDMENT THAT WOULD ALLOW FOR MOBILE HOMES IN AGRICULTURAL AREAS AND . . IN . PARTICULAR. FOR FARM. APPLICATION AND TO. REFER. THE. ORDINANCE AMENDMENT . TO THE PLANNING. COMMISSION FOR THEIR. RECOMMENDATION. . COUNCILMAN . ENGSTROM .. SECONDED THE. MOTION. THE MOTION PASSED. 3.:..1. . COUNCILMAN. SCHULDT OPPOSED. l3~. Stop Signal at the Intersection of Highway 169 and Main Street COUNCILMAN DUITSMAN MOVED TO ADOPT RESOLUTION 82':"12, A RESOLUTION REQUESTING A STOP SIGNAL AT. THE. INTERSECTION OF. HIGHWAY. 169. . AND . MAIN .. STREET ~ COUNCILMAN TOTH SECONDEDTHEMOTION~. THE MOTION. PASSED 4-0. 14. Fire Mutual Aid Association Agreement The City Administrator indicated that the City is currently under an agreement with the North Suburban Region and that this new agreement is merely a revised, updated version of the existing agreement. The City Administrator further indicated that the Fire Department is recommending.that the mutual aid agreement be eaecut;.eclt by the City of Elk River. COUNCILMAN. TOTH MOVED. APPROVAL OF THE NORTH SUBURBAN MUTUAL.AID AGREEMENT. COUNCIL- MAN DUITSMAN. SECONDED. THE. MOTION.. THE. MOTION PASSED 4-0. Noxious Weeds Councilman Toth requested that the City Administrator prepare a memo to the Mayor and City Council regarding the Mayor's and City Council's responsibility as weed inspectors and the elimination of noxious weeds in the City of Elk River. 15. Off-sale Non-intoxicating Malt Liquor License for Food-n-Fuel COUNCILMAN SCHULDT MOVED TO APPROVE THE NON-INTOXICATING MALT LIQUOR OFF-SALE LICENSE FOR FOOD':"N-FUEL.. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMAN TOTHOPPOSED. 16. Non-Con Items A. Elk River Softball Association Non-Intoxicating Malt Liquor License B. St. Andrew's Church Non-Intoxicating Malt Liquor License C. St. Andrew's Church Gambling License COUNCILMAN ENGSTROM MOVED TO APPROVE THE NON-INTOXICATING MALT LIQUOR LICENSE FOR THE ELK RIVER SOFTBALL ASSOCIATION ANDST~ ANDREW'S CHURCH AND TO APPROVE THE GAMBLING LICENSE · FOR. ST. .. ANDREW'S . CHURCH~. COUNCIUfAN. TOTH SECONDED. THE . MOTION. THE MOTION PASSED 4-0. 17. Pay Estimate for Greenhead Acres Third Addition COUNCILMAN DUITSMAN MOVED TO APPROVE PAY ESTIMATE 113 FOR GREENHEAD ACRES THIRD AD- .DITION IN THE AMOUNT OF.$80,835~71. COUNCILMAN.SCHULDT.SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes July 12, 1982 Page Twelve 18. Planning Commission Resignation COUNCILMAN TOTH MOVED TO ACCEPT. THE RESIGNATION OF COMMISSIONER DOROTHY FREDERICKSEN FROM THE PLANNING COMMISSION AND TO POSTPONE APPOINTMENT TO FILL THE VACANCY UNTIL THE NEXT SCHEDULED CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 19. Administrator's Update A. MnDot Meeting Regarding Highway Improvements in the City The City Administrator indicated that he and the Mayor have met with the Minnesota Department of Transportation regarding the Highway 10 and Main Street intersection, Highway 10 and Upland, Xenia and Simonent. The City Administra- tor further indicated that the Minnesota Department of Transportation has scheduled in 1984 an upgrading of Highway 10 from the 101 intersection to Proctor Avenue a.nd Htheir Highway 10 project~~des with the sto~wer project, it would be possible for the contractor's to open cut Highway 10 rather than jack under Highway 10. B. Fire Code Meeting Date Tentatively Scheduled for July 19th The City Administrator indicated that the review of the Fire Code is tenta- tively scheduled for July 19th, which is a City Council meeting date. The City Administrator further indicated that the Fire Chief, Russ Anderson, has reviewed and approved the Fire Code and has indicated that it would take approximately a half an hour to review with the City Council. C. Custom Motors Conditional Use Permit The City Administrator indicated that Mr. Rick Breezee, Building and Zoning Administrator, has inspected the conditions of the conditional use permit for Custom Motors and has informed the City Administrator that all of the plantings are in and the fencing is being done as Custom Motors is able to afford. Councilman Toth suggested the Building and Zoning Administrator make periodic inspections to insure that they are progressing with the completion of the fencing. D. Post Office Addition The City Administrator indicated that Mr. Pat Donohue has presented a plan for the addition on the post office. E. Downtown Park The City Administrator indicated that Ak~sar-ben is working on the downtown park and should have it completed by the end of the week. The City Administrator further indicated that Ak-sar-ben is placing a sprinkler system in the park area to be hooked up to the City hydrant at no cost to the City. City Council Minutes July 12, 1982 Page Thirteen F. Region 7W Bids on Office Equipment The City Administrator indicated that the City placed bids on various office equipment from the 7W Offices totalling approximately $500. .and that the City received awards on bids totalling $256. The City Administrator indicated that the City purchased two secretarial chairs, two book cases, a stack tube file, and a rolling plan stand. 20. Check Register COUNCILMAN SCHULDT MOVED TO APPROVE THE JULY 12, 1982, CHECK REGISTER. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. It was the general consensus of the City Council that the first City Council meet- ing in August be scheduled for August 9th, 1982. 21. Tentative Agenda The review of the Fire Code, Planning Commission appointment, zoning ordinance amend- ment regarding mobile homes, are all items tentatively scheduled for the July 19, 1982 City Council meeting. 22. Adjournment There being no further business, COUNCILMAN TOTHMOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, C;:1!:ed!~L~ Deputy City Clerk/Treasurer PB:cml