Loading...
07-07-1980 CC MIN ~ REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY JULY 7, 1980 Members Present: Mayor Madsen, Councilmembers Otto, Engstrom, Toth and Duitsman Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda COUNCILMAN TOTH MOVED APPROVAL OF THE JULY 7, 1980 CITY COUNCIL AGENDA. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 3. Minutes COUNCILMAN TOTH MOVED APPROVAL OF THE MINUTES OF THE JUNE 16, 1980 CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 4. Open Mike Mr. Harlan Brindamour appeared before the City Council questioning the liquor license issued to the new restaurant to be built in the downtown area. Mayor Madsen indicated the City of Elk River is allowed to issue eight liquor licenses, and that tentative approval of a liquor license has been given to Rob Vanvaulken- berg for the family restaurant to be opened in the downtown area. 5. Consideration of the Zoning Ordinance The City Administrator informed the City Council that the zoning ordinance could not be adopted until the Planning Commission had taken formal action and made a recommendation on the adoption of the zoning ordinance to the City Council. The City Administrator indicated that Mr. Nowlin from the City Attorney's office and Mr. Zack Johnson were present to discuss their memorandum regarding recommended changes in the zoning ordinance amendment. The recommended changes were largely of a housekeeping nature, providing for language clarification, definitions, and wording changes. The City Administrator indicated that in response to comments from the Council and at the recent public hearing, the minimum lot size require- ment for A-I, Agricultural/Conservation districts was changed from a 5 acre mini- mum to a 2~ buildable acre minimum lot, with a minimum of 200' width. A defini- tion for buildable area was also proposed by the staff. It was also recommended that buildable lots of greater than 12 percent grade require a grading plan be submitted prior to building permit issuance. The City Administrator further in- dicated it was recommended by Mr. Nowlin, the City Planner, and the City Staff, that a density requirement be imposed on the A-I district of 8 to 10 lots per quarter, quarter section. Mayor Madsen indicated that he felt an 18 percent grade, rather than a 12 percent grade should be the guideline for submission of a grade plan, and further indicated that he did not feel the density requirements were necessary. Mr. Lyle Swanson of McCombs-Knutson Associates indicated the State Board of Health does not allow drain fields over 12 percent grade and recommended the City review such language and include the requirement of a grading plan for lots with grade greater than 12 percent. July 7, 1980 Page Two Councilman Toth indicated his concern of placing too many restrictions on resi- dents. Councilman Otto indicated that he felt these restrictions were to pro- vide guidance and to eliminate problems from happening. Councilman Engstrom indicated his agreement with Councilman Otto. Councilman Duitsman indicated his support of less restrictive grading requirements. It was the concensus of the City Council to require a grading plan for lots with slopes of greater than 18% grade. The City Administrator indicated that it was recommended by City Staff that a site plan shall be required with all building permit applications. The City Administrator further indicated that a site plan is necessary for the City to assign an address, to check the setbacks, and to determine whether an ease- ment is involved in the building placement on the lot. The concensus of the City Council was to require a site plan to accompany the building permit appli- cation. The City Administrator indicated that it was the( 'recorlmrendatHjn'bf the/City Staff that the dollar amount of the valuation to determine the necessity of a building permit be $1,000.00, that is, any amount of work, labor and materials, totaling $1,000 or more would require a building permit and that any work, less than $1,000 would not require a fee) but an application would be filed. Mayor Madsen indicated that he did not agree with the recommendation of the Staff regarding the $1,000 valuation guidelines for building permit fees and requested the City Administrator to seek legal advice regarding the requirements of the Minnesota State Building Code. ~ The City Administrator reviewed the proposed zoning map changes referenced in his memo to the City Council, dated July 3, 1980. 1. General discussion was carried on regarding the proposed zone change of a 3 acre parcel in the southwest corner of the intersection of Highway 10 and Waco Street, from a R-IB to a commercial zone. The City Council recom- mended the zone change to Commercial for the 3 acre parcel along Highway 10. 2. It was the consensus of the City Council to disagree with the Planning Commission's recommendation for an I-2 zoning rather than the proposed R-IB zoning for a parcel of property located north of County State Aid Highway #1, east of the Burlington Northern Railroad branch line and south of 193rd Avenue. 3. General discussion was held regarding the request that a 30 acre parcel south of Elk Hills, east of Highway 169, and north of Faith Fellowship Church to be rezoned a PUD, rather than the proposed R-IC zoning. Mayor Madsen discussed and explained the PUD concept to representatives of the West Side Citizen's Group. It was the recommendation of the City Council to approve the zone change. 4. It was the City Council's recommendation that the Ridgewood East 4th Ad- dition remain the proposed R-IB zoning rather than be rezoned a PUD. The City Administrator indicated that the Planning Commission will consider the zoning ordinance, the City Council's comments and recommendations, and make a formal recommendation to the City Council for the meeting of July 21, 1980. 6. Proposed Sewer Interceptor The City Administrator reviewed his memo to the Mayor and City Council regarding the proposed sewer interceptor, stating that the PCA staff had recommended that July 7, 1980 Page Three the City of Elk River not be placed on the project list for 1980 to the PCA Board, and that the PCA Board voted to confirm the PCA Staff's recommendation. The City Administrator indicated that he felt the chief objective was that the City did not intend to build the line all the way to the Fairgrounds immediately. General discussion was carried on regarding construction of the, interceptor in three sections, each costing approximately$iBOO', OOO~ The first section being the line from the Evans Street lift station to lift station #2. The second section from the lift station #2 to the Industrial Park. The third section from the Industrial Park to the end of the line. Mr. Lyle Swanson of McCombs-Knutson indicated that their theory was that there was only so much money available for funding in the year 1980, and that it was recommended for wastewater treatment plant use rather that sewer interceptor lines. Mr. Jeff Roos,of Consulting Engineers Diversified, indicated that the PCA had indicated to him that the requirements by the EPA have changed a great deal over the five year project. The City Administrator indicated that the PCA Staff did indicate that they would support a step one facilities plannin& grant for the proposed sewer interceptor line. The step #1 process would be a 3 to 5 year process from the beginning to the construction of the sewer line. Mr. Lyle Swanson of McCombs-Knutson indicated he was not optimistic that the City would receive funding for the sewer interceptor and recommended that the City proceed with a public hearing for construction of the sewer line. The City Ad- ministrator suggested that the City proceed with plans for building the sewer interceptor line to the Industrial Park and apply to the PCA for funding for a study for the balance of the proj ect. COUNCILMAN DUITSMAN MOVED APPROVAL TO AUTHORIZE COMPLETION OF THE PRELIMINARY REPORT ON A SEWER INTERCEPTOR TERMINATING AfJ!. 'irE1!'kJtNDUSTRIAL;1l?ARK'TO ,.INGLUDE PROV'rSIONS~FOR.~PROVID[NG sEiRvmCETQi')RIT:DGEWOOD 2ND ~r\'4TH.MDDTTTON$.\, COWCIID.MANENQSTRGlYLSECONDED THE MOTION. MOTION PASSED 4-0. 7. Creation of the Housirig and Redevelopment Authorit;v COUNCILMAN DUITSMAN MOVED APPROVAL OF THE ADOPTION OF RESOLUTION 80-15, DECLARING A NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 8. PinewoodSubdivision Feasibility Report Mr. Tom Noon, developer of the Pinewood Subdivision, has petitioned the City of Elk River to install street and storm sewers in the Pinewood Subdivisio~ Council- man Tothasked if Mr. Tom Noon had purchased the property at the end of storm sewer. The City Administrator indicated thatMr. Noon has an option to purchase the property and also has an easement on the property at the end of the storm sewer. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE ADOPTION OF RESOLUTION 80-12, DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR IMPROVEMENT PROJECT 80-1 PINEWOOD, AND THE ADOPTION OF RESOLUTION 80-13, RECEIVING THE FEASIBILITY REPORT, WAIVING THE PUBLIC HEARING, AND ORDERING OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT 80-1, PINEWOOD ADDITION. COUNCIL- MAN TOTH SECONDED THE MOTION. MOTION PASSED 4;;"0. ' 9. North Suburban Mutual Aid Agreement The City Administrator indicated the City of Andover has requested membership into the North Suburban Mutual Aid Association, and for this matter it is necessary to re-approve and re-sign the Mutual Aid Agreement. COUNCILMAN TOTH MOVED TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR.TO SIGN THE NORTH SUBURBAN REGIONAL MUTUAL AID AGREEMENT. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. July 7, 1980 Page Four ---, 10. Will's Place Liquor License COUNCILMAN ENGSTROM MOVED TO RECONSIDER APPROVAL FORA LIQUOR AND SUNDAY LIQUOR LICENSE GRANTED TO JAMES HUMMEL FOR WILL'S PLACE AT THE JUNE 16, 1980 CITY COUNCIL MEETING. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. COUNCILMAN TOTH MOVED TO DENY THE LIQUOR AND SUNDAY LIQUOR LICENSE REQUEST BY JAMES HUMMEL FOR WILL'S PALCE BECAUSE OF NON-PAYMENT OF LICENSE FEES. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 11. Non-Con Items A. Campbell's Elk Bowl Temporary Beer License B. Sherburne County Lion's Temporary Beer License COUNCILMAN OTTO MOVED APPROVAL OF THE TEMPORARY BEER LICENSE TO BE ISSUED TO CAMPBELL'S ELK BOWL.AND.THE SHERBURNE COUNTY LIONS. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 12. Administrator's Update A. 101 Bridge The City Administrator indicated that he was expecting approval from the Wright County Attorney to have the City Attorney, Dave Sellergren, draw up a joint powers agreement between the City of Elk River and Wright County, necessary for the contracting of an Engineering firm for the bridge. B. Star Market Variance Terms The City Administrator indicated that no term is specified in the ordinance and therefore,the variance for the Star Market is still in effect, and further indicated that final approval of the resolution would possibly be expected for the next Council meeting, as they are anticipating an August construction start date. C. Orono Dam The City Administrator indicated that the City has been contacted by Durrenber- ger's office and the DNR regarding the dam site and the possibility of hydro power to be used now or at a later date. The City Administrator further indicated that the DNR wants a report as to the feasibility of a facility for hydro power, and further indicated the DNR indicated money was available to fund 90 percent of the study. The City Administrator recommended that the City cooperate with the DNR and proceed with the study, as 90 percent would be funded. Mayor Madsen requested the City Administrator to get an estimate of the cost for the report for the next Council meeting. 13. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED THAT THE CITY ADMINISTRATOR RECEIVE APPROVAL FROM THE COUNCIL PRIOR TO ANY TRAVEL DONE BY CITY EMPLOYEES. COUNCIL ENGSTROM SECONDED THE MOTION. MOTION PASSED 3-0. COUNCILMAN OTTO OPPOSED. July 7, 1980 Page Five ~ The City Administrator requested approval of the City Administrator's trip to the International Conference of City Managers in New York. COUNCILMAN OTTO MOVED APPROVAL OF THE CITY ADMINISTRATOR'S TRIP TO NEW YORK TO THE INTERNATIONAL CONFERENCE. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4~0. 14. TentativeAgenda Items tentatively to be considered at the July 21, 1980 City Council meeting are blacktop and seal coat bids and Kuss Field. There being no further business, COUNCILMAN OTTO MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. Respectfully submitted, .~~viunPU Phyllis Boedigheimer Deputy City Clerk /Treasurer PB:dk