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12-20-1982 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY DECEMBER 20, 1982 Members Present: Mayor Hinkle, Councilmembers Schuldt, Toth and Duitsman Members Absent: Councilmember Engstrom 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 5~ - Utilities Commission Appointment, Item 6~ - Water Feasibility Report, Item 13d - Star Cities Program, and Item 13e - Downtown Parking, were added to the December 20, 1982 City Council agenda. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE DECEMBER 20, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes Councilman Schuldt indicated that he wanted to include the statement that he agreed with Mr. John Clark regarding the need for vertical handicapped signs in the Ron's Country Foods parking lot to the Open Mike section of the December 6, 1982 City Council meeting. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MINUTES OF THE DECEMBER 6, 1982 CITY COUN- CIL MEETING. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. Mayor Hinkle presented Councilmember Larry Toth with a resolution recognizing and commending him for his services to the City of Elk River. COUNCILMEMBER DUITSMAN MOVED TO APPROVE RESOLUTION 82-29, A RESOLUTION RECOGNIZING AND COMMENDING THE SERVICES OF LARRY TOTH TO THE CITY OF ELK RIVER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 5. Planning Commission Job Description Approval The City Administrator indicated that the Planning Commission has recommended that capital improvements be added to Section J, - Purposes for Public Hearings, in the in the Planning Commission job description. The City Administrator indicated that the suggested change is consistent with the remainder of the job description and simply lists another public hearing the Planning Commission would have within their jurisdiction. The City Administrator further indicated that it is recommended that the City Council formalize the job description by a motion and that at a subsequent City Council meeting, the necessary language changes in the City's zoning ordinance will be completed to accomplish the items listed within the job description. City Council Minutes December 20, 1982 Page Two Councilmember Duitsman indicated that he was in favor of the Planning Commission holding public hearings but also wanted the City Council to hold public hearings as well. Mayor Hinkle indicated that he was in agreement with Councilman Duitsman, regarding .the City Council - Planning Commission holding public hearings. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE PLANNING COMMISSION JOB DESCRIPTION AS PRESENTED. COUNCILMAN SCHULDT.SECONDED.THE.MOTION. THE MOTION PASSED 3-0. 51,: 2. Utilities Commission Appointment Mayor Hinkle indicated that Werner Banke's appointment to the Utilities Commission will expire December 31, 1982, and further indicated that Mr. Werner Banke has expressed interest in serving onfue Utilities Commission for another term. COUNCILMEMBER TOTH MOVED TO APPOINT WERNER BANKE TO THE UTILITIES COMMISSION FOR A THREE (3). YEAR TERM. COUNCILMEMBERDUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Membership of Planning Commission Mayor Hinkle indicated that it has been suggested that the City Council consider increasing the number of Planning Commission members from five to seven. Mayor Hinkle further indicated that he felt a larger membership would allow for the workload of the Planning Commission to be spread among more individuals and there- fore, not place too much responsibility on anyone person. Mayor Hinkle indicated that it was the consensus of Commissioners Tralle, Gunkel and Kreuser that the Planning Commission remain as five members rather than seven. Mayor Hinkle further indicated that the Planning Commission members are concerned that increasing the size of the Planning Commission would create a better opportunity for individuals to miss meetings or to be unprepared for a specific item. Mayor Hinkle indicated that he felt the expansion of the Planning Commission will provide the City with a greater input on some of the Planning Commission decisions that must be faced along with a larger membership to actually perform some of the tasks and duties necessary of the Planning Commission. Councilmember Schuldt asked if the City Council had received any names of volunteers interested in serving on the Planning Commission. Councilmember Duitsman indicated that Keith Holme has been suggested as a potential Planning Commission member. Ms. Estelle Gunkel indicated that if the Planning Commission membership should be expanded to seven members, it would involve a lot of new members on the Planning Commission at one time and therefore, she suggested that the City Council conduct an interview and training session for all new members. Ms. Gunkel indicated that when she was appointed to the Planning Commission, she received a copy of the Zoning Ordinance and was asked if she had any questions. Ms. Gunkle suggested that that approach was not a good way to introduce someone to the role of Planning Commission member. Ms. Gunkel also indicated that she would like to COmment on the derogatory tone of the comments presented to the City Council by the City Administrator regarding the Planning Commission and their process and recommendations. Ms. Gunkel indicated that she felt the City Administrator's comments on the determination of hardship regarding the variance request by Mr. Morton for the swimming pool and the variance request for the sign by Larry Hennig was taken out of context and a real putdown to the Planning Commission. City Council Minutes December 20. 1982 Page Three The City Administrator indicated that the information upon which he based his memo to the Mayor and City Council was obtained from Mr. Rick Breezee. the Building and Zoning Administrator. Ms. Gunkel indicated that the tone the memo was presented in was derogatory to the Planning Commission. Ms. Gunkel further indicated that in the Planning Commission's review Of the five criteria necessary for a variance, the Planning Commission's in- terpretation was different from the City Administrator's, and she specifically felt the City Administrator had taken her to task in her evaluation of the five criteria necessary for approval of a variance. Councilman Duitsman indicated that he felt a newly appointed Planning Commission mem- ber should meet with the City Council to get a feel of the appointment and that the communication between the City CouncIl and the Planning Commission members can be improved with regular joint meetings. Councilman Duitsman further indicated that he felt a seven member Planning Commission could better serve the City of Elk River. Councilman Duitsman further indicated that he would like to appoint Mr.. Tom Hartman to the Planning Commission and further indicated that he would like someone else from the City Councilor City staff to review the position with Mr. Tom Hartman. Mayor Hinkle indicated that Councilmember Engstrom had indicated his support of a seven member Planning Commission. Councilmember Schuldt indicated that he felt the assurance of enough members at a Planning Commission mmeting was not enough reason to expand the membership from five to seven members. General members the job ments. mission discussion was carried on regarding the attendance of Planning Commission to Planning Commission meetings. The City Administrator suggested that description could include some guidelines addressing attendance require- Mayor Hinkle indicated that he felt members serving on the Planning Com- were volunteers and that attendance requirements should not be considered. Councilmember Schuldt indicated that he felt five diligent members could do the job as well as seven and that five members would provide a good cross section of the community. Councilmember Schuldt further indicated that he was not convinced seven members could do a better job than five members. COUNCILMEMBER DUITSMAN MOVED TO APPROVE ORDINANCE SECTION 214 ENTITLED "PLANNING COMMISSION" OF THE INANCES. COUNCILMEMBER TOTH SECONDED THE MOTION. MEMBER SCHULDT OPPOSED. 82-12, AN ORDINANCE AMENDING CITY OF ELK RIVER CODE OF ORD- THE MOTION PASSED 3-1. COUNCIL- 6~ 2. Water Study Feasibility Report Mayor Hinkle indicated that the City Council had met with the Utilities Commission regarding the water report presented to the City Council by Consulting Engineers Diversified. Councilmember Duitsman indicated that the Utilities Commission felt that the City should move ahead and further indicated that the Utilities Commission should order the feasibility study. City Council Minutes December 20, 1982 Page Four Councilmember Schuldt questioneclwhether it was required that the City Council order the feasibility study. The City Administrator indicated that the bond people will look to the City as the governing body when the feasibility study is ordered. Mayor Hinkle indicated that if the Utilities Commission wanted to order the feasibil- ity study, the City Council could also order the study. COUNCILMEMBER TOTH MOVED TO ORDER A WATER STUDY FEASIBILITY REPORT FOR THE CITY OF ELK RIVER. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Sherburne County Farm Service Cooperative Rezoning and Conditional Use Permit - Public Hearing Mayor Hinkle indicated that the Sherburne County Farm Cooperative on Highway #10 has requested a zone change and a conditional use permit for a portion of their prop- erty. Mayor Hinkle indicated that the Co-op has requested that the portion of their property which contains their former bulk storage tank operation, be rezoned from the current zoning classification of C-3/Highway Commercial to I-l/Light Indus- trial, and further indicated that the Co-op has requested that the City Council also issue a conditional use permit for the bulk storage tank operation so that it is in conformance with the City Zoning Ordinance. Mayor Hinkle indicated that the Planning Commission unanimously recommended approval of the zone change and the con- ditional use permit. The City Administrator indicated that the request for a zone change is consistent with the City's land use plan and further indicated that part of the Co-opts prop- erty is located in the adjacent I-I zone while part of it is located in the C-3/ Highway Commercial. The City Administrator indicated that the use of the property is industrial and that rezoning of the entire property to I-I is recommended. Mayor Hinkle opened the public hearing. General discussion was carried on regarding the Sherburne County Farm Cooperative property and that fact that part of if was in the C-3 zone and part in the I-I zone. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE ZONE CHANGE FOR THE SHERBURNE COUNTY FARM COOPERATIVE PROPERTY FROM C~3/HIGHWAY COMMERCIAL TO I-l/LIGHT INDUSTRIAL ZONE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER SCHULDT MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR THE SHERBURNE COUNTY FARM CO-OP FOR THE BULK STORAGE TANK OPERATION WITH THE CONDITION THAT THE FACILITY IS INSPECTED AND APPROVED BY THE FIRE CHIEF AND THE STATE FIRE MARSHALL. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Morton Variance Request - Public Hearing The City Administrator indicated that Mr. Robert Morton of 1107 Main Street, has requested a variance from the City's front yard setback requirement. The City Administrator indicated that the request is to allow Mr. Morton to construct a swimming pool on his property which would encroach 17 feet upon the required set- back. The City Administrator further indicated that Mr.Morton is on a corner lot City Council Minutes December 20, 1982 Page Five and corner lots within the City of Elk River are required to have the equivalent of two front yard setbacks; one on each side of the bordering streets. The City Administrator indicated that the Planning Commission considered Mr. Morton's request and voted 2-1, Commissioner Gunkel opposed. The City Administrator in- dicated that part of the opposition to Mr. Morton's request for a variance stemmed from the fact that the use was not considered to be an object which would be eli- g~ble to be considered a hardship. The City Administrator indicated that the City staff finds that Mr. Morton's request does meet the five variance standards re- quired for the granting of a variance, and further indicated that Mr. Morton's situation is unique in that there are a number of obstacles and difficulties pre- sented on his property to have the swimming pool located in a different location. The City Administrator indicated that it is recommended that the City Council grant a front yard setback variance for Mr. Robert Morton at 1107 Main Street. Mayor Hink~indicated that the swimming pool was already in place in Mr. Morton's property. Councilmember Duitsman indicated that he had received complaints from neighbors regarding the car parked in front of the property and that the yard is caving into the sidewalk. Mr. Morton indicated that the lower level of the pool is four feet above the side- walk and that because of the fact that he had three cars, one is parked in the yard rather than on the street. The City Administrator indicated that Mr. Morton does not have another choice in the placement of the pool in his yard other than where it has been placed. Ms. Estelle Gunkel indicated that had the variance been applied for before the pool was placed it may have been looked at differently and further indicated that the hardship is the fact that the pool is already there. Councilmember Schuldt indicated that he did not have any objections or had not heard of any objections to the approval of the variance request. COUNCILMEMBER SCHULDT MOVED TO APPROVE A VARIANCE REQUEST FOR A FRONT YARD SETBACK FOR MR. ROBERT MORTON AT 1107 MAIN STREET. MAYOR HINKLE SECONDED THE MOTION. THE MOTION PASSED 2-l,COUNCILMEMBER TOTH OPPOSED, COUNCILMAN DUITSMAN ABSTAINED. 9. Hennig Variance Request - Public Hearing The City Administrator indicated that Mr. Larry Hennig has requested a variance from the sign ordinance for his business located at 707 Highway #10. The City Admini- strator further indicated that Mr.Hennig has asked to exceed his allowable square footage of signs by approximately 68 square feet over the permitted 140 square feet of signs. The City Administrator indicated that Mr.Hennig informed the Planning Commission that he would scale down his proposal such that the sign would only ex- ceed the allowable square footage by a total of 8 square feet. The City Administra- tor further indicated that the Planning Commission accepted this number and therefore recommended approval of the variance request. The City Administrator indicated that the approval of the variance request would set a precedent for the City of Elk River and could potentially cause some problems as, at the present time, the City's City Council Minutes December 20, 1982 Page Six sign ordinance is rather liberal and does allow merchants an extremely free hand in signing their buildings and advertising their particular business. Councilmember Duitsman questioned the difference between the Morton variance re- quest and the Hennig variance request~ as the pool was already purchased and the sign has already been purchased. The City Administrator indicated that the Morton request did fit within the five criteria and the sign request by Mr. Hennig did not fit within the criteria. Councilmembers Schuldt indicated that he was familar with the sign ordinance and felt that the overall effect of the granting of the variance would create a prec- edent and therefore cause future problems with the sign ordinance within the City. Councilmember Toth asked for other comments from'the Planning Commission. Ms. Estelle Gunkel, representative from the Planning Commission, indicated that the Planning Commission felt the scaled down size of the sign could be approved through the variance. COUNCILMEMBER SCHULDT MOVED.TO.DENY THE VARIANCE REQUEST FROM THE SIGN ORDINANCE BY LARRY HENNIG FOR HIS BUSINESS LOCATED AT 707 HIGHWAY 10. MAYOR HINKLE SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Construction Project Schedule The City Administrator indicated that Consulting Engineers Diversified has presented the City Council with the estimated project schedules for the three projects anti- cipated by the City; namely, the storm sewer interceptor running from School Street to the river, the water improvement project running from north of Elk Hills through the proposed Barthel planned unit development to one of the City's existing wells and the MSA street project which would involve constructing a road from School Street through the Barthel planned unit development to link with Main Street. The City Administrator indicated that the third project is perhaps the longest project and yet the least sure to happen; but further indicated that there could be a great cost advantage if all three projects could be coordinated. Mayor Hinkle suggested that the City Council consider the projects one at a time. Councilmember Duitsman suggested that the City Council order a public hearing for the proposed MSA street for January 3rd, 1983. It was the consensus of the City Council to use the schedules as presented by Con- sulting Engineers Diversified and proceed with the proposed projects and to also order a public hearing for the proposed MSA street project for January 3rd, 1983. II. Change Order #2 ~ School Street Improvement Project The City Administrator indicated that Change Order #2 for the School Street Improve- ment Project is for work related to the water system. The City Administrator further indicated that the changes were made during construction of the School Street im- provement so that at a later date the street would not have to be torn up in order City Council Minutes December 20, 1982 Page Seven 1 to repair or add to the water system. The City Administrator indicated that some problems were forcasted, as there were shallow surfaces; therefore, insulation was provided, and some services and gate valves were provided where necessary to provide for future service. Mr. Terry Maurer of Consulting Engineers Diversified indicated that all the work had been completed. The City Administrator indicated that the cost of the change orders for the water could be assessed to the property owners through a supplementary assessment process. Mayor Hinkle indicated that he felt that the owners of the properties should have been notified as to the additional cost. COUNCILMEMBER DUITSMAN MOVED TO APPROVE CHANGE ORDER 112 FOR. THE SCHOOL STREET CON- STRUCTION PROJECT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Counci1memberToth indicated that the City Council should direct the City at this time as to how the cost for the water system should be allocated. COUNCILMEMBER TOTH MOVED TO AMEND THE MOTION TO INCLUDE ITEMt12 AND ITEM It? OF THE CHANGE ORDER TO BE CONSIDERED AS PROPERTY OWNER COSTS AND INCLUDED WITH THE HOOK UP CHARGES. COUNCILMEMBERDUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Municipal State Aid Five Year Construction Plan The City Administrator indicated that the Municipal State Aid Street program has required that each municipality submit a five year plan and projection for expenses, and further indicated that the proposed plan is only a plan and .not a guarantee that the projects will be constructed in the order indicated. Counci1member Duitsman indicated that he wanted the replacement of the bridge adjac- ent to the Orono Dam to be included in the five-year program. Counci1member Toth indicated that he felt Main Street improvements from the rail- road tracks to Highway 11169 should also be included in the five-year plan. Mr. Terry Maurer of Consulting Engineers Diversified, indicated that the State had re- quested the submission of a five-year plan and that the costs should be within the State Aid allotment and therefore, the proposed plan only included the four pro- jects. Mr. Maurer further indicated that the State will ask for a revision or up- date on the plan every three years. Counci1member Duitsman indicated that he felt both projects should also be included in the plan to be submitted to the State. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE PROPOSED FIVE-YEAR MUNICIPAL STATE AID STREET CONSTRUCTION PROGRAM WITH THE ADDITION OF THE MAIN STREET IMPROVEMENTS FROM THE RAILROAD TRACKS TO HIGHWAY 11169 AND THE REPLACEMENT OF THE BRIDGE ADJACENT TO THE ORONO DAM. COUNCILMEMBER TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes December 20, 1982 Page Eight ~ 13. Administrator's Update A. Street Superintendent Position The City Administrator indicated that Mr. Phil Hals has accepted the posi- tion of Street Superintendent and will begin working for the City on Janu~ry 3, 1983. B. Cable T.V. Franchise Progress The City Administrator indicated that he has met with the administrators of the other communities and that they are looking at joint powers agreement and legal costs, and further indicated that the administrators of the communities will be meeting again January 25th in Monticello. Councilmember Duitsman sug- gested that the City Administrator contact the Anoka area to obtain information from them regarding their cable t.v. franchise and to also explore the idea of the City of Elk River joining that community with their cable t.v. franchise. The City Administrator indicated that he would talk with the City of Anoka and the City of Ramsey regarding their cable t.v. franchise. C. Local. Government Aid C~ts The City Administrator indicated that it appears the City of Elk River will lose approximately $6,000 - $7,000 in local government aid cut for calendar year 1982. D. Star Cities Program The City Administrator indicated that he had contacted the ministry for sugges- tions of volunteers for the economic development committee and also indicated that the Mayor's Column has asked for volunteers. Councilmember Duitsman indicated that he wanted the City to proceed with the selection of a committee for eco~ nomic development. The City Administrator suggested that the City Council wait to see if any response is received from the Mayor's Coluwn or from the ministry. E. Downtown Parking Councilmember Schuldt indicated that the municipal lot downtown has no prov1s1ons for handicapped parking and suggested that handicapped parking be provided along the side of the Coast to Coast store. Councilmember Schuldt indicated that three parking spaces along the side of the Coast to Coast store could be made into two handicapped parking spaces and that the handicapped signs could be placed up against the building. Discussion was carried on regarding the accessibility to the parking spaces suggested by Councilmember Schuldt. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE THE CITY TO DESIGNATE TWO HANDICAPPED PARKING SPACES AT THE NORTHEAST CORNER OF THE COAST TO COAST STORE AND TO PLACE VERTICAL HANDICAPPED PARKING SIGNS FOR THOSE TWO SPACES. COUNCILMEMBER TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. --, City Council Minutes December 20, 1982 Page Nine 14. Check Register COUNCILMEMBER SCHULDT MOVED TO APPROVE THE DECEMBER 20, 1982 CHECK REGISTER. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 15. Tentative Agenda The Ordering of a Public Hearing for the MSA Street Project and the Normal First Meeting of the Year Business are tentatively scheduled for the January 3, 1983 City Council meeting. There being no further business, COUNCILMEMBER TOTHMOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER SCHULDT SECONDED THE MOTION . THE MOTION PASSED 3-0. Respectfully submitted, ~'1tLt~ v5x~gA-u~ Phyllis Boedigheimer Deputy City Clerk/Treasure PB:dk