09-20-1982 CC MIN
REGULAR WEEKLY MEETING OF THE
ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
SEPTEMBER 20, 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 8~ - Ogden Road in the Peterson Addition, Item 9~ ~ Publishing of Information
regarding the Gun Ordinance, and Item 10~ - 3.2 Percent Non-Intoxicating Malt Liquor
On-Sale License for Tom Noon, were all items added to the September 20, 1982 City
Council Agenda.
COUNCILMAN ENGSTROM MOVED TO APPROVE THE SEPTEMBER20TH~1982CITY COUNCIL AGENDA
AS AMENDED. COUNCILMAN .. SCHULDT. SECONDED THE. MOTION: . . THE. MOTION. PASSED 3-0.
3. Minutes
COUNCILMAN SCHULDT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER.7, 1982 CITY COUNCIL
MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE. MOTION PASSED 3-0.
4. Open. Mike
Mr. Gary Rohling, a resident of the City of Elk River on Gates Avenue, indicated that
on September 7th he observed the pipeline being placed in School Street and further
indicated that there was no compacting being done; that the hole was just back filled.
Mr. Rohling indicated that he had talked to the City Administrator, Councilman Toth
and the City's engineer regarding his concerns, and further indicated that the City's
engineer indicated that compaction tests were taken and that an inspector was on the
job. Mr. Rohling also indicated that as the watermain line was placed, no compac.,,-
tion was done and again, only backfilled with a loader. Mr. Rohling indicated that
generally, specifications call for compaction and further indicated that he would
not pay for the assessment of the storm sewer and School Street project if the work
was not done properly}
Mr. Terry Mauer, consulting engineer for the School Street project, indicated that
there was an inspector on the job and. that compaction tests wer$ taken. l1t. Maulfer in-
cated that six tests were taken and all passed except' one with 89% and the specifi-
cations call for 90%. Mr. Mauer indicated that this is the first time he has heard
about the possibility of a problem with the watermain and further indicated that he
would have tests taken to determine if there would be a problem with the watermain.
The City Administrator indicated that the City Engineer would investigate the possi-
bility of a problem with compaction areund the watermainand report back to the City
Council.
City Council Minutes
September 20, 1982
Page Two
Resolution 82-20, A Resolution Acknowledging and Commending the Employment of
Kenneth Nelson
Mayor Hinkle indicated that the City Council has accepted a letter of resignation
from the Street Superintendent, Mr. Ken Nelson, and furthet recommended that the
City Council adopt Resolution 82-20, a resolution acknowleding and commending the
employment of Mr. Nelson.
COUNCILMAN TOTH.MOVED.TOADOPTRESOLUTION 82-20, A.RESOLUTION. ACKNOWLEDGING AND
COMMENDINGTHEEMPLOYMENT.OFKENNETH.NELSON. COUNCILMAN. ENGSTROM SECONDED THE
MOTION. THE MOTION PASSED 4-0.
5. Conversion of City Vehicles to LP Gas
The City Administrator indicated that the Street and Sewer Department have inves-
tigated the possibility of converting the vehicles in each department to LP gas.
The City Administrator further indicated that one vehicle, a dump truck, was con-
verted to LP gas at no cost to the City as a demonstrator. The City Administrator
indicated that the Street Department used the vehicle during a thirty-day period
which included some heavy hauling operations and determined that there was no loss
of power or efficiency in that truck. The City Administrator indicated that the
Street Superintendent, Mr. Ken Nelson, indicated that the truck ran better than
before, on the LP gas. The Ci.ty Administrator indicated that the biggest advant-
age to LP gas is the cost of the fuel itself, as LP fuel is approximately one:"hcidf
the cost of regular gasoline. The City Administrator further indicated that other
advantages of running LP gas result in cleaner operation, fewer oil changes, in-
creased spark plug life, and other reduced maintenance expenses. The City Ad-
ministrator indicated that the City has received quotes from North Central Public
Service, Texgas and Nor-Gas on converting a total of seven vehicles, with the low-
est price for conversion from North Central Public Services in the amount of
$6,020.00. The City Administrator indicated that the conversion could be done over
the period of the next six toeigbt weeks and tbat payment would be made in calendar
year 1983. The City Administrator indicated tbat it is recommended that the City
Council authorize conversion of seven vehicles to LP fuel by North Central Public
Services.
Councilman Schuldt questioned whether other cities were converting their vehicles
to LP gas. Mr. Ken Nelson indicated that many towns are experimenting with con-
version to LP gas. Mr. Nelson further indicated that it is recommended that the
vehicles be converted to straight LP gas and not half and half, that is, a vehicle
can operate on either LP gas or regular gas.
Councilman Engstrom indicated that St. Louis Park converted vehicles to propane
gas approximately twelve. years ago. The City Administrator indicated that UPA is
now in the process of converting .some of their vehicles to LP gas.
COUNCILMAN ENGSTROM MOVED TO APPROVE THE CONVERSION OF SEVEN (7) VEHICLES TO LP
GAS BY NORTH. CENTRAL PUBLIC.SERVICE.IN.THEAMOUNT OF$6,020.00~. COUNCILMAN SCHULDT
SECONDED THE MOTION. . THE MOTION . PASSED. 3-0.
City Council Minutes
September 20, 1982
Page Three
6. Resolution 82-16, RegardingCity Consultimt Policy
The City Administrator indicated that Resolution 82-16 is a resolution establish-
ingthe City of Elk River's policy regarding consultants and possible conflicts
of interest within the City of Elk River. The City Administrator indicated that
a phrase, "at the discretion of the City Council" would be added to Section 20f
the resolution. Mayor Hinkle indicated that the City has received criticism re-
garding consultants working within the City of Elk River which has therefore, left
the City in a precarious situation which Resolution. 82-16 would alleviate.
The City Administrator indicated that the private sector could retain the City's
consultants for work that does not take action by the City Councilor the Planning
Commission. .Mr. Tom Noon questioned his work with Mr. Zack Johnson regarding his
Pinewoodproject. The City Administrator indicated that Mr. Noon has retained Mr.
Zack Johnson as an architect and therefore, would not be requiring any action by
the City Counc.il or Planning Commission and therefore, would not cause a problem
or be a conflict of interest.
COUNCILMAN SCHULDT MOVED TO ADOPT RESOLUTION 82-16, A RESOLUTION EXPRESSING THE
CITY OF ELK RIVER'S POLICY REGARDING CONSULTANTS. AND POSSIBLE CONFLICTS OF INTEREST
WITH THE ADDITION OF THE PHRASE,"AT THE. DISCRETION. OF THE CITY COUNCIL"TO BE IN-
CLUDED. IN.. SECTION. 2 OF THE . RESOLUTION . COUNCILMAN TOTH . SECONDED THE MOTION. THE
MOTION PASSED 3-0.
7. Donahue Variance Request . "-.Public.. Hearing
The City Administrator indicated that Mr. Pat Donahue has requested a variance from
the City's setback requirements for a proposed addition to the post office located
at 301 Irving. The City Administrator indicated that the request is to allow an
addition to the existing post office facility that matches the existing setback from
3rd Street. The City Administrator further indicated that the front yard setback in
a C-4 zone is 15 feet and that the existing building is setback only 9 feet; there-
fore, requiring a variance to allow for the addition to match the existing build-
ing. The City Administrator indicated that the Planning Commission has reviewed
Mr. Donahue's request for a variance and has determined that the five variance stand-
ards can be met and therefore, unanimously recommended that the variance request be
granted.
Mayor Hinkle opened the Public Hearing. No one appeared for or against the variance
request.
Councilman Schuldt asked if the exterior of the addition would be the same as the
existing facility. Mr. Pat Donahue indicated>that the addition would be brick like
the existing facility, and further indicated that the current post office facility
serves approximately 18,000 people and the new addition will allow for approximately
40,000 people to be served. Mr. Donahue further indicated that the United States
Post Office Department. has approved the addition to the existing facility.
COUNCILMAN TOTH MOVED TO GRANT A VARIANCE REQUEST BY MR. PAT DONAHUE FOR A PROPOSED
ADDITION TO THE POST OFFICE FACILITY AT 301 IRVING. COUNCILMAN ENGSTROM SECONDED
THE MOTION. THE MOTION PASSED 3-0.
City Council Minutes
September 20, 1982
Page Four
8. Reick Administrative Subdivision - Public Hearing
The City Administrator indicated that Kathryn Reick, 10205 20lst Avenue NW, has
requested an administrative subdivision to subdivide an existing five-acre parcel
of property on20lst Avenue NW into two-2~ acre lots. The City Administrator
further indicated that the proposed subdivision resulting in the two-2~ acre
parcels are of appropriate size for the zoning district and therefore,'itisreconnnended
that the City Council grant the administrative subdivision.
Mayor Hinkle opened the Public Hearing. No one appeared for or against the ad-
ministrative subdivision.
General discussion was carried on regarding the conditions of the gravel roads
in the area of the administraive subdivision.
COUNCILMAN ENGSTROM MOVED TO APPROVE AN ADMINISTRATIVE SUBDIVISION REQUEST FROM
KATHRYN REICK AT 10205 20lST AVENUE NW. COUNCILMAN SCHULDT SECONDED THE MOTION.
THE MOTION PASSED 3-0.
8!-,;
2.
Ogden Road ~ Peterson Addition
Councilman Engstrom indicated that the plans and specifications for the Peterson
Addition called for the shoulders along Ogden Road which were never completed at
the time of the project. Councilman Engstrom indicated that the edge of the tar
is deteriorating due to the lack of a built-up shoulder in that area. Councilman
Engstrom indicated that the residents in that area want something done before the
road deteriorates further. The City Administrator indicated approximately one
year ago, the City's engineer for the project, McCombs-Knutson, was contacted re-
garding the completion of the shoulders on Ogden Avenue and further indicated that
McCombs-Knutson contacted H & SAsphalt to complete the project. The City Admini-
strator indicated that H & SAsphalt indicated they would. complete the project and
charge the City for the materials used which would cost approximately $500.00.
The City Administrator further indicated that H & S was contacted this year'directly
by the City regarding completion of the shoulders on Ogden Avenue, and further indi-
cated that H& S indicated they would get the work done.
General discussion was carried on.regarding the work to be completed <:lnd the reason
why it has. not been done. It was the consensus of the City Council that the City
Administrator contact the owner of H & S Ashphalt, Mr. Norm Holm, directly regard-
ing the completion of the work.
9. Ordering Plans and Specifications and. a Public Hearing for Storm Sewer Improvement
Project
The City Administrator indicated that at a City Council work session on September
13, 1982, the City Council determined that the storm sewer improvement project should
proceed. The City Administrator further indicated that the next step in the process
is for the City Council to authorize the completion of plans and specifications for
the appropriate segmentsofctheproposed storm sewer project. The City Administrat-
or further indicated that the City Council will need to establish a public hearing
date for a small portion of the storm sewer improvement project area which was omitted
City Council Minutes
September 20, 1982
Page Five
in the original public hearing notice. The City Administrator indicated that it
was recommended that the City Council order the completion of plans and speci-
fications fox the proposedstortn sewer improvement project and set Tuesday, October
12th, at 7: 00 p.m. as the ..public hearing date for that section of the improvement
area omitted in the original public hearing notice.
General discussion was carried on regarding costs of the improvement project with
relation to. the cost per acre figure tbbe considered by each homeowner. The City
Administrator indicated that costs were given in the feasibility study. Councilman
Toth indicated that the City has committed to. the improvement of School Street and
the water must go somewhere from that area; therefore, the City should proceed with
the storm sewer improvement project.
COUNCILMAN. TOTH. MOVE)) TO ADOPT. RESOLUTION 82..,..23.. A. RESOLUTION ..ORPERING THE. COMPLETION
OF PLANS AND .. SPECIFICATIONS. FOR THE . PROPOSED . STORM. SEWER. IMPROVEMENT. PROJECT AND
SETTING. A PUBLIC.. HEARING DATE. COUNCILMAN. ENGSTROWSECONDED THE. MOTION. THE MO-
TION.PASSED 3-0.
9~. Publication.of Information on the Gun Ordinance
The City~Adlhinistrator indicated that a feature article should appear in the local
newspaper regarding the gun ordinance.. The City Administrator further indicated
that the article should explain the City's gun ordinance and contain a map showing
areas that are prohibited from hunting.
10. Pay Estimates
A. Pay Estimate 111 - School Street Construction to Bauerly Brothers
COUNCILMAN SCHULDT: MOVED TO : APPROVE >PAY . ESTIMATE #IFOR THE. SCHOOL. STREET IMPROVE-
MENT PROJECT TOBAUERLYBROTHERS, INC., IN THEAMOUNT.OF $74,351.65. COUNCILMAN
ENGSTROM SECONDED THE.MOTION~. THE MOTION PASSED 3-0.
B. Pay Estimate #6 - Sanitary Sewer Interceptor, to Northdale Construction
The City Administrator indicated that pay Estimate #6 for Northdale Construction
is final payment.including retainage to Northdale Constration for the sanitary
sewer interceptor project. The City Administrator further indicated that the
City's engineers for the project, McCombs-Knutson and Associates. has recommended
that the project be finalized and final payment be.made to Northdale Construction.
General discussion was carried on regarding the completion of the project. Council-
man Engstrom asked that the City Administrator make sure that the project is com-
plete before payment is made.
COUNCILMAN ENGSTROM MOVED TO . APPROVE PAY ESTIMATE 116 FOR THE SANITARY SEWER INTER-
CEPTOR PROJECT.. TO. NORTHDALE CONSTRUCTION IN THE . AMOUNT. OF. $56 ~ 73.5; 81. COUNCILMAN
SCHULDT SECONDEDTHE.MOTION. THE.MOTION.PASSED.3....0.
City Council Minutes
September 20, 1982
Page Six
10~. 3.2 Non-Intoxicating Malt Liquor on Sale License for Tom Noon- Pinewood Estates
The City Administrator indicated that Mr. Tom Noon has requested a 3.2 non-intox-
icating malt liquor license for his golf course, and further indicated that the
Police Chief has investigated the request and recommends approval of the license.
Mr. Tom Noon indicated that the golf course has just opened and that he would be
remodeling the club house facility in the spring.
COUNCILMAN ENGSTROM MOVED TO ApPROVE THE 3.2 NON-INTOXICATING MALT LIQUOR ON SALE
LICENSE FOR TOMNOONATPINEWOOD ESTATES GOLF COURSE. COUNCILMAN SCHULDT SECONDED
THE MOTION. THE MOTION PASSED 3-0.
11. Administrator's Update
A. Angle Parking Adjacent to Adams Furniture
The City Administrator indicated that the City Council approved the assigning
of spaces on the east side of the parking lot across from Adam's Furniture and
also asked that the City staff review the possibility of angle parking on the
north side of the street. The City Administrator indicated that City staff has
determined that there is not enough room to allow for angle parking on the north
side of the street and further indicated that in consideration of the fact that
there is not a curb on the north side of the street, angle parking would not be
recommended.
COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 82-15, A RESOLUTION ASSIGNING SIX (6)
SPACES ON THE EAST SIDE OF TH~ PARKING LOT FOR TIME LIMITED PARKING. COUNCILMAN
ENGSTROM SECONDED THE MOTION; THE MOTION PASSED 3-0.
B. Danceland Amusement Device License
The City Administrator indicated that the City of Elk River has received payment
from Danceland for 30 amusement devices which include video games, pinball
machines and pool tables. The City Administrator further indicated that Dance-
land has also paid for the bowling license fee.
C. School Str~et
The City Administrator indicated that Mr. Terry Maurer of Consulting Engineer
Diversified,was present to give an update on the progress of the School Street
improvement project to the City Council. Mr. Terry Maurer indicated that the
Class 5 base has been hauled in and that it appears the project should be ready
for curb and gutter on Wednesday. Mr. Maurer further indicated that providing
good weather, the street should be done in two to three weeks.
Councilman Toth asked if a fence was to be placed around the pond in the PUD
area. Mr. Maurer indicated that the specifications call for a 4 to 1 slope
which should not cause a dangerous situation. General discussion was carried
.
,
City Council Minutes
September 20, 1982
Page Seven
on regarding the proposed pond in the PUD and reasonable precautions that
could be taken for that ponding area. It was the suggestion of the Mayor
that the City Council determine whether a fence is needed once the pond
is completed.
Mr. Jim LaRock requested that the stop signs be. replaced on Holt and School
Street and Proctor and School Street.
The City Administrator indicated that the contractors have approached the
residents.along School Street for their driveway curb cut requirements and
all has gone very smoothly except for a.problem with two vacant lots owned
by Larry Morrell. The City Administrator indicated that Mr. Morrell has
asked for two. driveways into each property. The City Administrator indicated
that a curb and gutter serves two basic functions and that curb cuts should
not be made unnecessarily. The City Administrator further indicated that Mr.
Morrell thinks this is unreasonable and wants to have two curb cuts for each
of his properties along School Street. The City Administrator further in-
dicated that it is easier to put in one continuous strip of curb and gutter
and when the need arises, a curb cut can be made.
Mayor Hinkle indicated that Mr. Morrell had a problem with traffic coming
through his property at Jackson and School Street and further indicated that
he felt a curb cut on School Street at the corner of Jackson and School Street
would present a problem, as it would exit into the right turn land on School
Street. The City Administrator indicated that those specific properties may
be sold and that the curb cut shouldbemade.at the time the use of the prop-
erty is determined. Mayor Hinkle indicated that he did not feel the City was
unreasonable in not wanting to give curb cuts into vacant property. Councilman
Schuldt indicated that he was in agreement. with Mayor Hinkle.
.......
Councilman Engstrom indicated that he had talked to Mr. Morrell regarding.his
request for curb cuts into his vacant properties along School Street. Council-
man Engstrom further indicated that Mr. Morrell would like curb cuts into the"
middle of each property and that he would design development around the curb
cuts.
The City Administrator indicated that the cost of the curb cut is insignificant
to the total cost of a development prbject and therefore, could not understand
why a project would be designed around a specific curb cut. Councilman Engstrom
indicated that he felt Mr. Morrell should have the curb cut if he wants it.
Councilman Toth indicated that he Was in agreement with Councilman Engstrom
and further indicated that he did not feel the curb cut at the property on .the
corner of Jackson and School Street was necessary, but that he should be able
to have the curb cut for the property between the two churches on School Street.
COUNCILMAN ENGSTROM MOVED TO APPROVE ONE CURB. CUT. FOR. LARRY.. MORRELL IN THE CENTER
OF HIS PROPERTY LOCATED BETWEEN . THE TWO . CHURCHES. ON . SCHOOL ..STREET... COUNCILMAN
TOTH SECONDED THE MOTION. . THE MOTION PASSED 2,;..1. COUNCILMAN. SCHULDT OPPOSED.
City Council Minutes
September 20, 1982
Page Eight
12. Check Register
COUNCILMAN ENGSTROM MOVED TO APPROVE TRE SEPTEMBER 20, 1982 CHECK REGISTER.
COUNCILMAN SCHULDT' SECONDED THE MOTION. THE MOTION PAS SED 3-0.
13. Tentative Agenda for September 27, .1982 City Council Meeting
Consideration of the Police. and Public Works Labor Agreements, and Discussion
of the Beautification Committee are items tentatively scheduled for the September
27th, 1982 City Council meeting.
There being no further business, COUNCILMAN ENGSTROM MOVED THAT THE MEETING BE ADJOURNED.
COUNCILMAN TOTH SECONDED' TRE . MOTION. ,.. THE' MOTION PASSED 3-0.
Respectfully submitted,
r' /J ',/) ,,/
(-c:/~JLI ~G1!u:_\ IO~ (}-I~1k(//'/U/J
Phyllis Boedigheimer i
Deputy City Clerk/Treasurer
PB:dk