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11-15-1982 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY NOVEMBER IS, 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 4!:2 - Resolution 82-26, Recognition of the Elk River Football Team, and Item lab - Street Lights for Municipal Parking Lot, Item IOc - MN/Dot, Item IOd - Flagpole and Item IOe - Country Fairgrounds, were items added to the November IS, 1982 City Council Agenda. COUNCILMAN ENGSTROM MOVED TO APPROVE THE NOVEMBER IS, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN.DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes of October 12, October 25 and November I, 1982 City Council~eetings COUNCILMAN SCHULDT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 12, OCTOBER 25, AND NOVEMBER I, 1982 CITY COUNCIL.MEETINGS~ COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 4!" 2. Resolution 82-26, a Resolution Recognizing the Elk River Football Team Councilman Schuldt indicated that he felt the City Council should recognize the Elk River High School Football Team and their accomplishments in the High School Football Playoffs. Councilman Schuldt suggested the.Mayor present the resolution to the team captains at the football banquet. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 82-26, A RESOLUTION RECOGNIZING AND COMMENDING THE ACHIEVEMENTS OF THE ELK RIVER HIGH SCHOOL FOOTBALL TEAM. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. George Boyd Variance - Public Hearing The City Administrator indicated that Mr. George Boyd of 709 Proctor Avenue, has requested a front yard setback variance in order to allow him to construct a 24' x 16' addition to the front of his existing cabinet shop. The City Administrator further indicated that Mr. Boyd's proposal would encroach within the front yard setback requirements by ten feet. The City Administrator indicated that Mr. Boyd's request is a simple variance request for the setback requirements and has nothing to do with a conditional use. The City Administrator further indicated that per his memo dated November 12, 1982, it was his recommendation to deny the variance request by Mr. George Boyd, and further indicated that after discussion with the City Planner and the City Attorney, he has a better understanding of variance re- quests and further indicated that he recommends the City Council and the Planning City Council Minutes November 15? 1982 Page Two Commission hold a workshop session regarding variances. The City Administrator indicated that he recommended approval oLthe variance because of the following reasons: 1. It would be a hardship as it would be difficult for Mr. Boyd to expand another direction because of the layout of his operation. 2. The old City ordinance required a 35 foot setback which would allow for the expansion of the cabinet shop to the front of the business and that the new ordinance has increased that setback requirement to 50 feet. 3. The addition would not extend beyond the front of the house located on the property. 4. The setting of a precedent would not be a problem as it is a simple case and would not cause damage or problems, should a similar case be present- ed to the City Council. General discussion was carried on regarding the drainage problems in the area of the railroad track and Proctor Avenue. Councilman Duitsman indicated that he was in favor of the approval of the variance request and further questioned the City's possibility of recourse against the rail- road for the6isturbing of the water drainage in the area. The City Administrator indicated that the City may have recourse against the railroad tracks as the law says natural drainage should not be disturbed. Mr. George Boyd indicated that he has been at his present location nine years and the water has always backed up at the railroad tracks. COUNCILMAN DUITSMAN MOVED TO APPROVE THE VARIANCE REQUEST FOR A FRONT YARD SETBACK BY MR. GEORGE BOYD AT 709 PROCTOR AVENUE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 5-0. 6. Sewer Hookup Assessments - Public Hearing The City Administrator indicated that the City Council agreed to assess the $1,000 sewer hookup charge to those properties for which the owners requested the hookup charge to be placed on their taxes. The City Administrator further indicated that the public hearing is required to assess costs to property owners and further in- dicated that the property owners have been notified of the proposed assessment. The City Administrator further indicated that State Statute does not allow for in- terest charge on unpaid or amoritzed connection charges. Mayor Hinkle opened the public hearing. Discussion was carried on as to the number of years the assessment was spread. City Council Minutes November 15, 1982 Page Three Councilman Duitsman indicated that it was his understanding that the property owners would(,~i!Sof the cost at the time of hookup and the balance spread over the remaining years. The City Administrator indicated that it was the understanding of City Staff that the total $1,000 hookup charge could be assessed over a period of five years. Discussion was carried on regarding the time period the assessments were spread and the requirement of 1/5 of the cost as a downpayment. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PROPOSED ASSESSMENT ROLL FOR THE ASSESS- MENT OF SEWER INTERCEPTOR HOOKUP CHARGES. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED TO APPROVE THE REQUIREMENT OF A $200.00 DOWNPAYMENT ON ANY FUTURE $1,000 SEWER INTERCEPTOR HOOKUP CHARGES FOR RESIDENTIAL PROPERTIES, AND THE BALANCE SPREAD OVER A FOUR-YEAR PRIOD. COUNCILMAN TOTH SECONDED THE MO- TION. THE MOTION PASSED 4-0. 7. Diseased Tree Removal Assessment-Public Hearing The City Administrator indicated that two properties - 420 Quinn and 1811 Main Street, had diseased trees removed by the tree contractor in the year 1981 and after numerous attemps to collect the tree removal costs by the tree contractor, the City paid the contractor for the tree removals and has proposed to assess those costs to the respective properties. The City Administrator indicated that the cost has been amortized over a five-year period, but should the Council feel it should be less than five years, the schedule can be changed. Councilman Schuldt indicated that he felt if the residents received notification of the assessment to be spread over a five year period, the City Council should not change that time period. The City Administrator indicated that the City Coun- cil could continue the public hearing and that City staff could notify the prop- erty owners of the proposed change in the time period of the assessments. COUNCILMAN SCHULDT MOVED TO APPROVE THE PROPOSED DISEASED'TREE COST ASSESSMENT ROLL BASED ON AMORTIZATION OVER A FIVE (5) YEAR PERIOD. THE MOTION DIED FOR LACK OF A SECOND. COUNCILMAN DUITSMAN MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT SCHEDULED CITY COUNCIL MEETING WITH CONSIDERATION THAT THE DISEASED TREE COSTS BE ASSESSED OVER A THREE (3) YEAR PERIOD. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MO- TION PASSED 3-1. COUNCILMAN SCHULDT OPPOSED. 8. Youth Hockey Association Amusement Device License The City Administrator indicated that the Elk River Youth Hockey Association has requested an amusement devic.e license for three video games in the hockey arena. Councilman Toth asked if their was a provision in the ordinance for non-profit organizations. Councilman Toth further indicated that he felt non-profit organ- izations should have a reduction in fees for licensing. City Council Minutes November 15, 1982 Page FOlJr COUNCILMAN DUITSMAN MOVED TO APPROVE THE AMUSEMENT DEVICE LICENSE FOR THE ELK RIVER YOUTH HOCKEY ASSOCIATION. COUNCILMAN TOTH SECONDED THE MOTION. THE MO- TION PASSED 4-0. 9. School Street Improvement Assessment - Public Hearing The City Administrator indicated that each homeowner indicated on the assessment roll was individually notified of the appropriate street and storm sewer assessment to be levied against their property and in addition, those individuals who were assessed in 1974 for storm sewer construction on School Street would receive credit for the 1974 assessment against the storm sewer assessment proposed for the November 15, 1982 assessment hearing. The City Administrator further indi- cated that only those individuals who were assessed in 1974 and who are proposed to be assessed again in 1982 are shown to have credit against their storm sewer improvements. The City Administrator indicated that the School Street improve- ment project was constructed using a combinatillon of assessments and Municipal State Aid Highway payments to cover costs of the project. The City Administrator further indicated that the proposed benefitting properties are.assessed at a rate of $12.50 per front foot for street costs and $545.00 per acr~--f~~ storm sewer -- costs. The City Administrator indicated that it is proposed that the School Street assessment be levied for a period of 10 years at an interest rate of 11.1 per cent on the outstanding principal. Mayor Hinkle opened the public hearing. Mr. Gary Rohling questioned the credits received for the 1974 storm sewer to be paid only to those individuals who were assessed in 1974 and who are proposed to be assessed in 1982. Mr. Rohling indicated that he felt he should receive credit for the 1974 assessment even though he did not pay it directly as it was levied against his property. Mr. Rohling cited Chapter 429 with regard to reference to property and not owners in the assessment process. The City Administrator indicated that Chapter 429 does not refer to credits allowed in the assessment process. The City Administrator further indicated that it was the Council's decision to allow for credits of the storm sewer assessment paid in 1974. Mrs. Moos questioned which properties were sold and Mr. Steve Peden asked when the assessment could be paid as he did not want it to appear on his taxes. The area of assessment was discussed by the City Council and the City Administrator indicated that the payment of the assessment could be made in full up to December 31, 1982 Mr. Jim Neilson of Babock, Locher, Neilson and Manella, representing Mr. George Dietz, submitted a notice of obj ection in order to protect Mr. Dietz '~l rights if necessary as required by law. f Mr. Gary Rohling also submitted a letter of objection to protect his rights under the assessment process. City Council Minutes Novembe~ 15, 1982 Page Five Mayor Hinkle closed the public hearing. General discussion was carried on regarding the changing of the assessment, should the objection submitted be valid. The City Administrator indicated that should an objection be taken to court, the court would decide. Councilman Duitsman indicated that he felt the Nickerson property Parcel U15-00~341 207 should receive the credit of the new proposed assessment for storm sewer of $523.00. The City Administrator indicated that a credit of $167.32 should also be included for Lots 4 & 5, Block 3 of the North Terrace Addition. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PROPOSED ASSESSMENT ROLL FOR THE SCHOOL STREET IMPROVEMENT PROJECT WITH THE CORRECTION OF A CREDIT ALLOWED FOR THE NICKER- SON PROPERTY OF $523 AND A CREDIT FOR THE OLSON PROPERTY~ LOTS 4 & 5, BLOCK 3, OF THE NORTH TERRACE ADDITION OF $167.32. COUNCILMAN SCHULDT SECONDED TIlE MOTION. THE MOTION PASSED 5-0. COUNCILMAN. DUITSMAN MOVED 'f0 EXTEND THE TIME PERIOD FOR PAYMENT OF THE SCHOOL S"J*' ASS- ~SMENTS TO DECEMBER 31, 1982. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MO- TION PASSED 4-0. 10. Administrator's Update A. Public Works Department The City Administrator indicated that Mr. Darrell Mack, Wastewater Treatment Plant Supervisor, is currently supervising the street department as 'Well as the Wastewater Treatment Plant. The City Administrator indicated that Mr. Mack is operating the street department shorthand~and further indicated that he would be requesting the City Council to consider a monetary credit to Mr. Darrell Mack for a job well done. Further discussion was carried on regard- ing the operation of the street department, specifically, complaints of the snowplowing and sanding that were done after the recent storm. Councilman Toth indicated that a lot of intersections were not sanded and Mayor Hinkle indicated that he had received several calls regarding slippery intersections. Further discussion was carried on regarding County Road 1135. Councilman Eng- strom indicated that County Road 1135 was a problem due to the crown on the road but it was the County's responsibility to maintain it and to keep it in a driveable condition. Councilman Duitsman suggested that the City write a letter to the County requesting that County Road 1135 be sanded. Discussion was also carried on regarding the completion of the Irving Avenue sidewalk. Mr. Terry Maurer of Consulting Engineers Diversified indicated that Bauerly Brothers would be finishing up the project on Wednesday. Councilman Toth indicated that cars were parking on the sidewalk on Irving Avenue and also suggested that the street department replace the street signs along Irving Avenue. B. Street Lights in Municipal Parking Lot The City Administrator indicated that the Elk River Retailer's Association City Council Minutes November 15, 1982 Page Six has sent a letter to the City Council requesting additional lighting in the downtown parking lot. The City Administrator indicated that the Retailer's Association indicated that there were two vacant poles in the parking lot and that additional lighting could be placed on these poles. The City Admini- strator further indicated that he was aware of one pole in the parking lot. Councilman Schuldt suggested that two globes be placed on the one pole dir- ecti~g them in opposite directions. Councilman Toth questioned who would erect and pay for the lighting in the parking lot. The City Administrator further indicated that Mr. Larry Hennig would be erecting a lighted sign that would also provide lighting in the parking lot. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO SEND A REQUEST TO THE UTILITIES COMMISSION TO CONSIDER PLACING LIGHTS ON THE VACANT POLE IN THE MUNICIPAL PARKING LOT. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Mn/Dot The City Administrator indicated that representatives of the Minnesota Depart- ment of Transportation met with the City Administrator regarding the preliminary design for the improvements of Highway #10 from Highway #101 and Highway #169 to the Orono Bridge. The City Administrator indicated that should the City Council have specific requests or questions, they should address it to the design people now in order for them to incorporate or consider them in their final design. The City Administrator further indicated that the Highway #101 Bridge is in the final design stage. D. Downtown Flagpole Councilman Duitsman indicated that it is proposed that the flagpole will still be 100 feet but that it will not be made until next spring. Councilman Duits- man further indicated that contributed funds will pay for the balance of the cost of the flagpole, and further indicated that the Beautification Committee is looking for design suggestions for the base of the flagpole and the lighting. E. County Fairgrounds The City Administrator indicated that a letter had been sent to the County Fairboard specifying the City's intent to provide clear title to the County Fairboard for the County fair property. The City Administrator indicated that the deed restriction on the deed for the property now is in effect until 1987. Discussion was carried on regarding the request of the City to keep the County fair in the City of Elk River as part of the deed. 11. Check Register COUNCILMAN TOTH MOVED TO APPROVE THE NOVEMBER 15, 1982 CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. -.., City Council Minutes November 15, 1982 Page Seven 12. Tentative Agenda The Donahue Industrial Revenue Bond Public Hearing and the Barthel Conditional Use Request are items tentatively scheduled for the November 22, 1982 City Council meeting. There being no further business, COUNCILMAN SCHULDT MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, Q-1y1L 'i3~~ Phyll~s Boedigheimer Deputy City Clerk/Treasurer PB:dk