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10-06-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY OCTOBER 6, 1980 Members Present: Mayor Madsen, Councilmembers otto, Toth and Duitsman Councilman Engstrom arrived at 8:45 p.m. Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Items 4~ - the Recreation Board,15c - the Budget hearing,15d - the Pinewood Addition and 16~ - Max Maue Conditional Use Permit were added to the Agenda. COUNCILMAN OTTO MOVED APPROVAL OF THE OCTOBER 6TH, 1980 CITY COUNCIL AGENDA. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3':"0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF THE SEPTEMBER 15TH , 1980 CITY COUNCIL MEETING. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike Mr. Pete Thomas, representing the V.F.W., appeared before the City Council to request that the City provide a flag for the flag pole at Orono Park. The City Administrator indicated that, according to the Street Superintendent, the flag pole was donated by the V.F.W. and the V.F.W. was to maintain the flag and lights at the flag pole. Mr. Thomas indicated that the City had taken care of the flag and lights in the past and requested the City to continue to maintain the flag pole with flag and lights. COUNCILMAN OTTO MOVED TO AUTHORIZE THE CITY TO PURCHASE A FLAG FOR ORONO PARK AND TO MAINTAIN THE FLAG AND THE LIGHTS AT THE FLAG POLE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. The City Administrator indicated that the Police Chief, Tom Zerwas, was present to present a Certificate of Award to Officer Harold Dobe1. The Police Chief, Tom Zerwas, indicated that on January 1, 1980, Officer Dobel was called to the Elk Bowl, as a man had fired a gun and when Officer Dobe1 arrived, he saw a man outside the door and as Officer Dobel walked up to the man, and further explained that the man pointed the loaded gun at Officer Dobe1. Chief Zerwas explained that Officer Dobel was able to talk the man into giving up the gun and himself into custody, and therefore was worthy of the Certificate of Award. 4~. The Recreation Board Mr. Jim Dingle, Mr. Marlon Glines and Mr. John Dietz, representatives of the Rec Board and the Softball Association, were present to express their opposi- tion to the fees established by the City Council for softball tournaments scheduled on the softball fields. The City Administrator stated the policy October 6, 1980 Page Two established by the City Council regarding the use of the softball fields for tournaments. The City Administrator indicated that there was a $100 deposit required for the cleanup of the fields after the tournament, and a fee of $50 per field plus $12 per hour for lights for the use of the fields. Mr. Dingle indicated that he was in agreement of a fee charge, but felt that the current fee was too high. Councilman otto indicated that he felt that there was some confusion as to who was in charge of the fields, and the establishment of the policy for the fees charged. Councilman Otto further indicated that he felt that members of the Softball Association should not be charged for the use of the field, as the Softball Association has contriouted time and money to the upkeep of the fields. Discussion was carried on regarding the deposit fee for the cleanup of the fields and who would be responsible for determining if the fields were cleaned up. It was the concensus that a $100 deposit was a fair charge and that the Street Superintendent would be responsible for the approval of the fields after the tournaments. Councilman Toth asked if the Association charged the individual teams involved in the tournaments, and if so, what was the money used for. Mr. Marlon Glines indicated that a fee of $25 was charged to the individual teams for entering the tournament, of which the money was used to buy trophies, balls and so forth. Mayor Madsen expressed his feeling that if the tournament was to be used as a money-making affair for private enterprise, rent should be paid for the use of the fields. Councilman Toth indicated that he felt if the team promoting the tournament was a member of the Association, the Association could charge the entrance fee of which the funds could be used to upgrade and maintain the fields. Mr. Dave Wisnieski requested a refund of the $100 he had paid for the use of the fields, as his team is a member of the Softball Association. COUNCILMAN OTTO MOVED TO REFUND THE $100 FEE CHARGED THE MGM LAKESIDE LOUNGE TEAM. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMAN DUITSMAN MOVED TO APPROVE THE $100 DEPOSIT TO BE PLACED WITH. THE CITY, FOR THE CLEANUP OF THE FIELDS, TO BE CHARGED FOR ALL TOURNAMENTS ,PLUS THE COST OF THE LIGHTS USED DURING THE TOURNAMENTS. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. It was also agreed by the Softball Association that they would be responsible for all field preparations prior to the tournaments scheduled. Mr. Jim Dingle further indicated that the Rec Board was in need of members and requested the City Council to appoint persons to the Board, and further recommended that the City Council consider the hiring of a Park and Rec Board Director, at least on a part-time basis, to avoid the communication problems between the Rec Board, the Softball Association and the City. October 6, 1980 Page Three '5. Watermain Extension for Salk Junior High Scho~l The City Administrator indicated that the public hearing, approval of the plans and specifications, review of the bids submitted for the proposed work, and awarding of the contract would be done for the watermain extension for Salk Junior High School at this City Council -meeting. The City Administra- tor further indicated that Mr. Lyle Swanson, of McCombs-Knutson, was present to explain the project and recommend the awarding of the contract. Mr. Lyle Swanson indicated that the proposed project called for the watermain to proceed north on Proctor to the school property, adjoining the school watermain, and then south, to the Schoolview Addition. Mr. Swanson indicated that the watermain on Proctor would provide benefit to the school and the properties on the west side of Proctor, and further indicated the project cost Was approximately $68,000, or approximately $9.16 a front foot. Mayor Madsen declared the public hearing to be open. Mr. Nystrom indicated his opposition to the proposed benefit to his property on the west side of Proctor, as he did not have a need for the water and that the primary need for the water- main was the school. Mr. George Zabee, representing the school district, ex- pressed his concern as th whether the loop in the watermain was necessary. Councilman otto indicated that he felt that the citizens should not be penalized for the needs of the school. Mr. George Zabee indicated that he would have to discusstJ3.e project with the school board and get their recommendation prior to the agreement with the City Council on the project. Mayor Madsen suggested that Mr. Zabee discuss the watermain project with the school board and Mr. Lyle Swanson, of McCombs-Knutson, and submit a recommendation to the City Council at the special meeting to be held on October 14th, 1980. COUNCILMAN TOTH MOVED TO APPROVE RESOLUTION 80-29, APPROVING THE PLANS A~ SPECIFICATIONS FOR THE WATERMAIN PROJECT FOR SALK JUNIOR HIGH. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMAN OTTO MOVED TO TABLE THE MATTER OF ORDERING THE PROJECT AND AWARDING THE CONTRACT FOR THE WATERMAIN FOR SALK JUNIOR HIGH UNTIL THE SPECIAL CITY COUNCIL MEETING, SCHEDULED OCTOBER 14th, 1980. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Ordinance Amending Non-Conforming Lots of Record Variances in the Zoning Ordinance The City Administrator indicated that there is a provision in the present Zoning Ordinance that limits the amount of variance that can be made for non-conform- ing lots of record to 75% of the current standard, and further indicated that when the 75% standard is applied, it is not permissible to grant variances in in situations that warrant the variance to be granted. The City Administrator indica ted that it is recommended by City Staff that the City Council adopt an ordinance to amend the Zoning Ordinance to reflect the elimination of the '75% variance standard for non-conforming lots of record. Mayor Madsen dedlared the public hearing open, at which time no one expressed their opposition. ~OUNCILMAN DUITSMAN MOVED TO ADOPT ORDINANCE 80-5, AMENDING THE CITY'S ZONING ORDINANCE PROVISION FOR NON-CONFORMING LOTS OF RECORD. COUNCIL- MAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. October 6, 1980 Page Four 7. Ordinance Amending Hearing Requirements for Conditional Use Permits i~ the Zoning Ordinance The City Administrator indicated that it was the Staff's understanding that all public hearings were to be conducted by the City Council in regard to Variances and Conditional Uses, and further indicated that as the current Zoning Ordinance was published and adopted, this was not reflected in the Ordinance. The City Administrator further indicated that the City Attorney has prepared an o~dinance to correct what appears to be an error in the Zoning Ordinance, which requires that the City Council conduct the Public Hearing for Conditional Use Permits and Variances. Councilman Otto questioned whether the Planning Commission would hold any public hearings. The City Administrator indicated that the Planning Com- mission would still review all Conditional Uses and Variances, and could hold a public hearing, if they so chose, but the official hearing would be held at the City Council level. COUNCILMAN DUITSMAN MOVED APPROVAL OF ORDINANCE 80-6, AMENDING THE ZONING ORDINANCE REQUIREMENT FOR CONDITIONAL USE AND VARIANCE PUBLIC HEARINGS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. HRA. Appointment Mayor Madsen indicated that the fifth member to the HRA Board would come from the Planning Commission. Mayor Madsen nominated Dick Hinkle to the HRA Board. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE NOMINATION OF DICK HINKLE TO THE HRA BOARD. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Dobel Conditional Use Permit Request The City Administrator indicated that Mr. Harold Dobel had requested a Conditional Use Permit for a trailer home to be located on his farm. He further indicated that the Planning Commission has reviewed and approved the Conditional Use Permit requested by Mr. Dobel, and that it is recommended by the City Staff that the City Council grant approval to the Conditional Use Permit. Mayor Madsen declared the public hearing open. No one appeared to express their opposition to the approval of the Conditional Use Permit. COUNCILMAN DUITSMAN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY HAROLD DOBEL FOR A TRAILER HOME TO BE LOCATED ON HIS FARM. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Hillesland Variance Request The City Administrator indicated that the Variance request was for lot width and as the City Council had adopted the Ordinance, changing the non-conforming lots of record standard from the 75%, it was recommended that the City Council approve the lot width Variance for the Hilleslands. COUNCILMAN TOTH MOVED APPROVAL OF THE LOT WIDTH VARIANCE FOR MR. HILLESLAND. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. October 6, 1980 Page Five 11. Hobbit Hills Subdivision Public Hearing The City Administrator indicated that the City Staff received bids for the improvements in the Hobbit Hills Subdivision on October 6, 1980, and further indicated that the property is owned 100% by the developer and the developer proposes to pay 100% of all the costs associated with the improvements for the Hobbit Hills Subdivision. Mr. Terry Maurer, of Consulting Engineers Diversified, indicated that the improvements included the storm drainage in the Subdivision and permanent street servicing in the Subdivision, and further indicated that the apparent low bidder on the project was Bauerly Brothers, Inc. at a total bid of $131,316.00. Mayor Madsen declared the public hearing open. The City Administrator in- dicated that the developer Was aware of the bid and supported approval of the project. COUNCILMAN ENGSTROM MOVED TO ADOPT RESOLUTION 80-30, AWARDING THE CONTRACT FOR THE IMPROVEMENTS IN THE HOBBIT HILLS SUBDIVISION TO BAUERLY BROTHERS, INC.. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN TOTH MOVED APPROVAL OF RESOLUTION 80-31, ORDERING THE PROJECT FOR THE HOBBIT HILLS SUBDIVISION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Orono Dam Hydro Electric Study The City Administrator indicated that the DNR had submitted a feasibility study for retrofitting of the dam for hydro electric power, prepared by the University of Minnesota (st. Anthony Falls Hydraulic Laboratory) for the Minnesota Energy Agency. The study placed the dam in the upper "marginal" assessment range, but with further additional information, as a result of more precise and ~avorable price quotations from turbine manufacturers, the dam can be assessed in the "good" range. The City Administrator further indicated that the DNR has proposed to conduct a full-blown feasibility study, of which they 'Will pay 90% of the cost, and the City of Elk River 10%, and further indicated that the City of Elk River's 10% share for the comprehensive study would be $2,170.00. The City Administrator indicated that it is rec- ommended by the DNR to incorponate changes into the present dam construction, to accomodate for the possibility of future hydro electric development, and further indicated that these changes in the construction are proposed to cost approximately $20,000.00, of which the DNR would fund 50%. The City Administrator indicated that a certain amount of goodwill with the DNR should be considered, as the City of Elk River is planning to go back to the State Legislature for additional funding on the dam project. Councilman Otot questioned the change from "Marginal" range to "good" range. The City Administrator recommended the preliminary study done by the St. Anthony Falls Hydraulic Laboratory be sent to the City's engineer, CH2M-Hill, for their recommendation. October 6, 1980 Page Six Mayor Madsen indicated that he was in agreement with the City Administrator regarding the cooperation with the DNR for the study and the change order to prepare for the possibility of hydro electric power at the dam. Councilman Toth questioned the cost of the change order in the present dam construction contract toaccomodate for the future of hydro electric power, if it was not determined as to whether or not hydro electric power would be feasible in the future. Mayor Madsen suggested the City Administrator discuss with the DNR the possi- bility of the City of Elk River rec~~ng additional funding from the State of Minnesota for the dam proj ect. The City Administrator indicated that the DNR does recommend the change order for the present dam construction to accom- odate hydro electric power, as the feasibility for hydro electric power is possible. Mayor Madsen suggested that before a decision could be made, the City Administrator get more information, regarding the feasibility study from the DNR and the City Engineer, CH2M-Hill. 13. Resolution Authorizing Investments with Merrill Lynch COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 80-32, AUTHORIZING INVESTMENTS WITH THE FIRM OF MERRILL LYNCH, PIERCE AND SMITH. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Authorization of Bond Replacement The Citr Administrator indicated that the City's financial consultant, Spring- sted, Inc., was handling the issuance of a new bond to Mrs. Elsa Mullen, as she lost bond #54 of the G.O. Imporvement of 1979. The City Administrator further indicated that the financial consultants have requested that the City Council arlopt a resolution authorizing the duplicate bond, and also authorizing their payment without harm to the bonding agent. the City Administrator further indicated that the expense of the issuance of the publicate bonds is borne completely by the individual who lost the bond. COUNCILMAN ENGSTROM MOVED APPROVAL OF RESOLUTION 80-33, AUTHORIZING THE PREPARATING'F)F A DUPLICATE BOND AND COUPONS, TO BE DELIVERED TO ELSA MULLEN. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. '15. Administra-tor's Update A. Orono Dam The City Administrator indicated that the radial gates would be placed in the later part of the week. B. Sanitary Sewer Interceptor The City Administrator indicated that he would be mee~ing with the financial consultants, Springsted, Inc., on Wednesday to discuss the sewer interceptor and the basis of a hookup charge as means of paying off the bond debt. October 6, 1980 Page Seven C. Budget Hearing Mayor Madsen declared the public hearing open for the budget hearing. No one appeared to ~uestion the 1981 City Council Budget. D. Pinewood Addition Mr. Jeff Roos, of Con sulting Engineers Diversified, was present to explain the change order re~uested by the developer of thePinewood Addition, regarding the open channel for storm sewer in the Pinewood Development. Mr. Jeff Roos indicated that the change order was approxi- mately $15,362.00, and suggested that the developer sign a waiver and mem- orandum of understanding with the City of Elk River, regarding the cost of the change order. Mr. Jeff Roos explained that the waiver waives the rights of tHe developer and benefitting owners to appeal the assess~ ment costs, and further recommended the City Council approve the change order ,if the waiver is signed by the developer. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHANGE ORDER FOR THE PINEWOOD DEVELOPMENT, WITH THE STIPULATION THAT THE DEVELOPER SIGN THE WAIVER AND MEMORANDUM OF UNDERSTANDING. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Max Maue Conditional Use Councilman Otto indicated his concern of the mis-communication between the Planning Commissidn, the City Council and City Staff, regarding the Max Maue Conditional Use Permit. Mr. Richard Hinkle expressed his concerns of the lack of communication between the Planning Commission and the City Council, regarding the approval of a Conditional Use re~uest by Max Maue to move a mobile home onto Mr. Maue's property. Mr. Hinkle further indicated that the Planning Commission had re- fused the Conditional Use Permit, based on the information they had received at the time of the application. Mr. Hinkle further indicated that at present time, the mobile trailer had been moved onto the property without approval of the Conditional Use Permit, and further suggested that the Planning Commission and the City Council have better communications, regarding such situations. COUNCILMAN TOTH MOVED APPROVAL OF A CONDITIONAL USE PERMIT FOR MAX MADE TO MOVE A MOBILE HOME ONTO HIS PROPERTY FOR A ONE YEAR PERIOD, WITH THE STIP- ULATION THAT A BUILDING PERMIT FOR A HOUSE BE APPLIED FOR WITHIN SIX MONTHS OF THE APPROVAL OF THE CONDITIONAL USE PERMIT. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMAN OTTO AND COUNCILMAN ENGSTROM OPPOSED. 18. Tentative Agenda Update on the 101 Bridge is tentativ~yscheduled for the October 21, 1980 City Council meeting. There being no further business, COUNCILMAN OTTO MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0.