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12-06-1982 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY DECEMBER 6, 1982 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom and Toth Members Absent: Councilman Duitsman 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item 12b. - Minnesota Star Cities Economic Connnission is changed to the Connnittee Session of the City Council meeting. COUNCILMAN TOTH MOVED TO APPROVE THE DECEMBER 6, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes of the November 15,. 1982 City Council Meeting COUNCILMAN ENGSTROM MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 15, 1982 CITY COUNCIL. MEETING. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Minutes of the November 22, 1982 City Council Meeting COUNCILMAN TOTH MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 22, 1982 CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE.MOTION PASSED 4-0,. 4. Open Mike Mr. John Clark of 814 Proctor Avenue, appeared before the City Council to express his opposition to police officers tagging cars parked in the handicapped zone at the Ron's Country Market. Mr. Clark indicated that the handicapped markings are stenciled onto the parking lot and are very hard to see at night, and further in- dicated that a young girl, a member of his church, was tagged for parking in the handicap zone. Mr. Clark indicated that he felt the police officers should use some discretion in giving tickets and further indicated that he felt law-abiding citizens should not be given a ticket for parking in a handicap zone. Mr. Clark further indicated that he felt the young person should not receive a parking ticket as it was no fault of her own. Councilman Schuldt indicated that the law enforcement people were doing their job and were within the duty of their job. Councilman Schuldt further indicated that police officers and law enforcement does not allow for discretion and further in- dicated that it is their duty to enforce the law. Mayor Hinkle suggested that the City Administrator talk to the owner of the Ron's Country Market regarding the possibility of better marking the handicap parking area. 5. Submission Date for Barthel Industrial Revenue Bond Financial Data The City Administrator indicated that Mr. Ken Barthel has indicated that the financial projections for the Barthel Planned Unit Development project should be December 6, 1982 City Council Minutes Page Two available to the City Council for review by the end of the week of December 6th. The City Administrator indicated that these numbers are critical to the continued process of the Planned Unit Development and also these numbers and the impact they may have are presenting an obstacle to the development of the Barrington Place industrial revenue bond project. The City Administrator indicated that the City's financial consultant, Springsted, Inc., has some concerns regarding the Barrington Place industrial revenue bond proposal and that these concerns cannot be addressed by Mr. Santwire and his financial people until such time as the bond picture in Elk River regarding the Barthel Planned Unit Development industrial revenue bond is further clarified. The City Administrator indicated that Mr. Santwire has indicated that financial consultants would have a difficult time getting a lender to commit until the status of the Barthel Planned Unit Development project is clarified. The City Administrator indicated that it is recommended that the Council request the financial information from Mr. Barthel by December 17, 1982. Mayor Hinkle indicated that Councilman Duitsman has also indicated his desire to establish a date for submission of the information and further suggested that the deadline date be December 13th. COUNCILMAN ENGSTROM MOVED TO REQUEST THAT MR. KEN BARTHEL SUBMIT FINANCIAL PROJECTIONS FOR THE BARTHEL PLANNED UNIT DEVELOPMENT TO THE CITY COUNCIL BY DECEMBER 13TH. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Donahue Industrial Revenue Bond - Final Resolution The City Administrator indicated that Mr. Pat Donahue is seeking final approval for his industrial revenue bond. The City Administrator indicated that there is a variety of documents the City Council must review and approve prior to granting final approval of an industrial revenue bond. The City Administrator further indicated that the documents have been reviewed by the City's attorney and the necessary changes and amendments have been made. The City Administrator indicated that the industrial revenue bond request has not changed since the preliminary approval of the City Council at the November City Council meeting and further indicated that it is recommended that the City Council grant final approval for the Donahue industrial revenue bond. Mayor Hinkle indicated that the industrial revenue bond request for $400,000.00 and that all the necessary documents have been approved by the City Attorney. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 82-28, A RESOLUTION AUTHORIZING THE ISSUANCE OF $400,000.00 INDUSTRIAL REVENUE BONDS FOR THE ELK RIVER POST OFFICE PROJECT. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Dietz Administrative Subdivision ~ Public Hearing The City Administrator indicated that Mr. George Dietz, 351 Elk Hills Drive, has requested an administrative subdivision for property he owns east of Highway #169, north of the Barrington Place Planned Unit Development and south and west of Elk Bills Drive. The City Administrator indicated that Mr. Dietz's request is to divide his existing parcel of approximately 6.8 acres into six parcels and further indicated that Parcels B, C, D, E and F would be sold to the adjoining property owners and added December 6, 1982 City Council Minutes Page Three to their existing residential lots. The City Administrator further indicated that the remaining 2.9 acres, Parcel A, would remain in Mr. Dietz's ownership for future development. Mayor Hinkle opened the public hearing. Mr. Earl Hetrick asked what specifically was happening with the administrative subdivision submitted by Mr. George Dietz. Mr. Dick Ensted, representative for Mr. George Dietz, indicated that the administra- tive subdivision proposal was to set up a buffer zone between the residential area and the proposed Parcel A in the subdivision. Mr. Ensted indicated that Mr. Dietz would possibly request a zone change for Parcel A to a commercial zone. Mr. Ensted indicated that Mr. Dietz has proposed a fair price for the sale of the property to the adjoining property owners and the option of a long term contract. Mr. Earl Hetrick indicated that the price proposed for the property from Mr. Dietz was more than he felt was reasonable for the property. The City Administrator indicated that the administrative subdivision would have to be approved with the condition that the parcels would be added to the existing resi- dential lots. Ms. Estelle Gunkel questioned the possibility of the land being sold on contract and if the contract wasn't completed, the land would go back to the owner, Mr. Dietz, which would create a land lock for those parcels of property. General discussion was carried on regarding the type of sale that could be made to add the land to the existing lots and not create a land locked parcel of property. Mr. Gary Santwire indicated that the property could be deeded to the individual owners with a note signed by the purchaser or a second mortgage could be taken On the property. Discussion was also carried on regarding the rezoning of Parcel A. The City Administrator suggested that the City Council obtain more information.re- garding the actual sale of the other parcels to the adjoining property owners before approving the administrative subdivision as submitted. Mayor Hinkle suggested the City Council continue the public hearing until more information is provided by Mr. Dietz. Councilman Engstrom suggested that the City Council receive a letter of intent from the adjoining property owners prior to approval of the administrative subdivision. Mr. Ensted indicated that Mr. Dietz could keep all of the property and still request rezoning for parcelA. The City Administrator indicated that the Planning Commission would have to review the rezone request before the City Council would make a decision. Councilman Toth questioned the possibility of Mr. Dietz subdividing the property as proposed if he kept all of the property. The City Administrator indicated that it would have to be platted as it was more than four lots, but also indicated that it could be subdivided in another manner. December 6, 1982 City Council Minutes Page Four COUNCILMAN SCHULDT MOVED TO CONTINUE THE PUBLIC HEARING FOR THE DIETZ ADMINISTRATIVE SUBDIVISION UNTIL SUCH TIME THAT INFORMATION IS PROVIDED REGARDING THE SALE OF .THE LOTS TO THE ADJOINING PROPERTY OWNERS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth requested that he be notified as to when the continuation of the public hearing would be held. Councilman Engstrom suggested that all adjoining prop- erty owners be notified of when the continuation of the public hearing will be held. 8. Cable T.V. Franchise The City Administrator indicated that he has kept in touch with the communities of Big Lake and Monticello regarding a cable franchise for the general area and further indicated that since the last Council discussion regarding cable television, the City of Buffalo has expressed interest in participating in a joint agreement. The City Administrator indicated that the three communities of Big Lake, Monticello and Buffalo want to proceed with the process and are also in the process of securing an initial commitment from their respective city councils to proceed with the cable t.v. franchising process. The City Administrator further indicated that a bigger territory will result in better service and better rates. The City Administrator further indicated that any costs incurred by the City will be reimbursed in full, should a franchise be awarded. The City Administrator indicated that it is recom- mended that the City Council authorize the Mayor and City Administrator to act on behalf of the City of Elk River in pursuing a cable t.v. franchise involving the communities of Big Lake, Buffalo, Monticello and Elk River, and to formulate a plan regarding the process. The City Administrator indicated that the total franchise process takes approximately two years. Mayor Hinkle indicated that Councilman Duitsman had expressed his desire to author- ize the City to proceed with the investigation of the cable t.v. franchise. General discussion was carried on regarding the percent the City would get of gross revenues and how that would be divided up among the various communities. The City Administrator indicated that it would be based on the number of users in each community. Councilman Toth asked if the cable t.v. could be extended beyond the City limits. The City Administrator indicated that it was the intent to create a framework for the obtaining of cable t.v. franchise and that that framework would be available to the townships as well. Councilman Schuldt indicated that he felt the City should pursue the possibility of cable t.v. COUNCILMAN TOTH MOVED TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO ACT ON BEHALF OF THE CITY OF ELK RIVER IN PURSUING A CABLE T.V. FRANCHISE FOR THE COMMUNITY. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Assessment of Sewer Connection Fees for Existing Industrial Buildings -Public Hear- ing Mayor Hinkle indicated that three industries in the Industrial Park have requested that their sewer hookup charges be assessed to their properties. Mayor Hinkle fur- ther indicated that the three industries paid twenty percent of the total hookup December 6, 1982 City Council Minutes Page Five fee and the balance is being assessed over a four-year period. Mayor Hinkle opened the public hearing. No one appeared in favor of or in opposition to the sewer connection assessments for the Industrial Park. COUNCILMAN SCHULDT MOVED TO ADOPT THE SEWER ASSESSMENT ROLL FOR THE THREE INDUSTRIAL PROPERTIES IN THE INDUSTRIAL PARK. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Seal coat Pay Estimate The City Administrator indicated that the 1982 sealcoat project was completed for a cost of $33,161.00 and further indicated that the 1982 budget estimate was $33,264.00. The City Administrator indicated that the project had been inspected during installation by the City Street Department Superintendent, and further in~ dicated that it was recommended that the City Council authorize payment to Batzer Construction. COUNCILMAN SCHULDT MOVED TO AUTHORIZE PAYMENT TO BATZER CONSTRUCTION IN THE AMOUNT OF $33,161.00 FOR THE 1982 SEALCOAT PROJECT. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Pay Estimate #3 For School Street Improvement Project The City Administrator indicated that the pay estimate request has been approved by the City Engineer, and therefore, it is recommended that the City Council approve payment to Bauerly Brothers for Pay Estimate #3. Councilman Schuldt questioned the change order on the contract. Terry Maurer of Consulting Engineers Diversified, indicated that the change order was for the Irving Avenue sidewalk. Mr. Terry Maurer further indicated that the striping may not be completed in 1982, but that may be beneficial to the City as the contract would then be kept open until all work was done. Mr. Maurer indicated that the signing needed to be completed as well as some backfilling behind the sidewalk on Irving Avenue. Councilman Toth indicated that fill was needed on the Tony Hipp property. General discussion was carried on regarding the School Street project, specifically, water standing on the sidewalk at the corner of Jackson and School Street. Mayor Hinkle asked if $16,000 was enough to be held in retainage. Mr. Terry Maurer indicated that approximately $2,500 worth of work was left to be done and that the $16,000 was a maximum the City could hold. Further discussion was carried on regard- ing the project and what needed to be done before final approval. COUNCILMAN ENGSTROM MOVED TO APPROVE PAY ESTIMATE #3 to BAUERLY BROTHERS IN THE AMOUNT OF $128,139.70 FOR THE SCHOOL STREET IMPROVEMENT PROJECT. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Administrator's Update A. Joint Meeting with Utilities Commission on 12/16/82 To Review Water Study December 6, 1982 City Council Minutes Page Six Mayor Hinkle indicated that the City Council is aware of the meeting of the Utilities Commission on 12/16/82 at 7 :00 p.m. at the City Hall to review the Water Study. B. Contract Parking Requirements Across from Adam's Furniture The City Administrator indicated that the student intern, Ms. Edie Anderson, had contacted the businesses on the north side of the tracks regarding the need for contract parking and found that there was a request for only one con- tract space. The City Administrator indicated that the majority of the remaining businesses seemed satisfied with the 3 hour parking in the parking lot. Mayor Hinkle suggested that the City Council designate four spaces for contract parking should a need arise for more contract parking. General discussion was carried on regarding the designation of one space as requested for contract parking versus four spaces to allow for more requests. COUNCILMAN TOTH MOVED TO DESIGNATE FOUR SPACES AT THE WEST END OF THE PARKING LOT FOR CONTRACT PARKING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. C. December 8th Joint Meeting with the Planning Commission Mayor Hinkle indicated that the City Council is aware of the Planning Commission and City Council joint meeting at City Hall at 7:00 p.m. to discuss nonconform- ing uses and variances. 13. Check Register COUNCILMAN TOTH MOVED TO APPROVE THE DECEMBER 6, 1982 CHECK REGISTER. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. TentativeAgenda The City's budget, the Star Cities Program and the Barthel Financial Report are all items tentatively scheduled for the December 13th, 1982 City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, ~ :1' \ .1 /""", -I) J ~'. \ ',.I. . . . Cd;11-0 tcj(r'AlcUJ",J Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dkk