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11-17-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY NOVEMBER 17, 1980 Members Present: Mayor Madsen, Counci1members Duitsman, otto and Toth Counci1member Engstrom arrived at Item Number 7 Members Absent: None 1. Meeting called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Item Number 13~, consideration of appointment to Hazardous Waste Board Committee for Region 7-W, regarding dispqsa1 site locations and criteria was added to the November 17, 1980 Cit~Counci1 Agenda. COUNCILMAN OTTO MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN TOTH SECONDED THE MO- TION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE NOVEMBER 3, 1980 CITY COUNCIL MEETING MINUTES. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike Judy Chouinard, Murn Beck, Loyce Weiderho1d and Arden Krinke appeared before the City Council to voice objections regarding the number of conditional use permits issued by the City Council for home beauty salons. The individuals speaking before the City Council are owners and operators of beauty salons in the downtown area, established as normal businesses, rather than home occupa- tions. The individuals present expressed their concern over the amount of competition being set up by the home occupation beauty salons, ~hich are not subject to the same type of business expenses and costs that the downtown operators must incur. Ms. Beck indicated that approximately 17 home beauty salons were in operation in the City with the City's permission. The 90ncept of a home occupation and what the City Ordinance permits was reviewed by the Mayor and City Administrator for the individuals present. Ms. Beck informed the City Council that there was a four-operator beauty salon on County Road 12, approximately ~ mile east of the Northbound Liquor Store. The City Administrator and Mayor indicated that this operator would be investigated to determine if their actions were in compliance with the permit granted them for their operation. The City Council directed City Staff to briefly survey surrounding communities to determine how other cities regulate home occupations, and in particular, home beauty salon operations. 5. 1980 Improvement Bond Sale Mr. King Forness, of Springsted, Inc., was present at the City Council meeting to open bids for the 1980 Improvement Bond, in the amount of $375,000. Mr. Forness indicated that five bids were received from the following bidders: First Bank of Minneapolis, First Bank of st. Paul, Dain Bosworth, Inc., American Nation- al Bank and Bank Northwest. Low bid was the American National Bank, with a net interest rate of 8.3103%. Mr. Forness advised the City Council that the American National Bank bid was acceptable and recommended approval of the low bid. COUNCIL- MAN TOTH MOVED APPROVAL OF RESOLUTION 80-38, AWARDING A BID TO AMERICAN NATIONAL November 17,1980 Page Two BANK FOR THE SALE OF $375,000 IN GENERAL OBLIGATION BONDS FOR THE CITY OF ELK RIVER AT THE NET INTEREST RATE OF 8.3103%. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Countl State Aid Highway Number 42 Bridge Replacement (Old Highway 101 Bridge) The City Administrator briefly reviewed for the City Council the process under- taken by the City of Elk River and Wright County to solicit and review proposals from various engineering firms for the replacement of CSAH No. 42 Bridge. The City Administrator recommended that the City Council engage the firm of Toltz, King, Duvall and Anderson as the engineer on the CSAH No. 42 bridge replacement, and indicated that it was also the recommendation of Mr. Larry Koenig, the Wright County'Engineer, that this engineering firm be retained by the City and County for this project. Councilman Duitsman questioned Mr. Koenig, regarding the availability of funds for the bridge replacement program. Mr. Koenig indicated that an application for funding had already been made to the State of Minnesota, and that the bridge replacement was already programmed in the State's bridge replacement schedule. Mr. Koenig briefly review~dthe funding process and in- dicated that as funds became available to the State, bridges were selected on a priority basis for funding. Mr. Koenig indicated that the CSAH No. 42 bridge had a very high priority and as such, stood an excellent chance to be funded. Mr. Darrell Berkowitz, of TKDA, briefly reviewed the process involved and the timing involved in replacing bridges under the state and federal bridge bonding programs. Mr. Berkowitz indicated that, given the nature of the structure and the current status of funds, that he felt the bridge's funding changes were also excellent. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ENGINEERING FIRM OF TOLTZ, KING, DUVALL AND ANDERSON AS THE ENGINEER FOR THE REPLACEMENT OF THE CSAH ND. 42 BRIDGE AND FURTHER TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO A CON- TRACT WITH TOLTZ, KING DUVALL AND ANDERSON, AND A JOINT POWERS AGREEMENT WITH WRIGHT COUNTY FOR THE REPLACEMENT OF CSAH NO. 42 BRIDGE. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Sanitar;r Sewer Interceptor Plans and Specifications and Call forBid The City Aaministrator briefly reviewed the route of the proposed sanitary sewer interceptor and the recent change which would move the line off of School Street to a point behind the School Administration office. The City Council, during the discussion of the item, had several questions which it was not pos- sible for the City Administrator to answer. A question on an extension to the Barrington Place Planned Unit Developme~t was also raised and could not be responded to. It was the concensus of the City Council to postpone action on this item until the next City Council meeting, at which time the City Engineer, Mr. Lyle Swanson, could respond to the Council's concerns and questions. 8. Barrington Place Planned Unit Development Agreement Mr. Gary Santwire, the Developer of Barrington Place, presented the various exhibits in the Developer's Agreement for the City Council's review and consid- eration. Mr. Santwire reviewed the site plan, which included a street lighting and sidewalk plan, the phasing plan for the Subdivision, and Mr. Santwire also proposed a new provision in the agreement to deal with the sanitary sewer hook- ups. Mr. Santwire proposed that the single-family residential lots be consolidated to form three lots rather than six lots as platted, with the understanding that the lots would be unsewered and could not be divid~d until such time as sewer November 17, 1980 Page Three is available. Mr. Santwire indicated that there may be a problem in servicing the residential lots, economically, with sanitary sewer. Mr. Santwire also indicated that he had some problems with the proposed route of the interceptor and the extension, which would service the Barrington Place Planned Unit Development. Mr. Santwire asked that the City Council authorize engineering studies to design two means of sanitary sewer service for the Barrington Place Planned Unit Development. One study would provide a design and cost estimate for the original sanitary sewer concept.. which is approximately one,..~ll' of the units being sewered to the south, and one-half to the north for the sanitary sewer interceptor; and, the other study would design and provide a cost for an alternate sanitary sewer scheme, which would provide for all sewage going to the south. The City Administrator indicated that if the Council's intention was to in fact build the sanitary sewer interceptor, it would be wasteful to conduct two engineering studies when only one would in fact be needed. It was the concensus of the City Council that, with information available at this time, the sanitary sewer interceptor would be built, and that as such, the double engineering studies would present a duplication which would be wasteful. 9. Conditional Use Permit for Tom and Jane Noon The City Administrator reviewed the Noon's re~uest for a Conditional Use permit to build a country club in an area zoned R-lB, north of the intersection of Waco Street and Mississippi Boulevard. The City Administrator indicated that the Council would not be able to take formal action, since an advertising mistake prevented a public hearing notice from being published properly in the local newspaper. The City Council had ~uestions regarding the movement of the club house from the Pinewood First Addition to the proposed Pinewood Second Addition. and ~uestions regarding the addition of a restaurant in the future to the pro- posed club house. It was the Council concensus that the Noon's be available at the next City Council meeting to answer ~uestions regarding their develop- ment, but that, based on the information availabe at the time, the Council supported the issuance of a Condiiional Use permit for the club house. 10. Willis Conditional Use Permit The City Administrator distributed a memo from the Ridgewood Homeowner's Asso- ciation regarding the Willis Conditional Use Permit for a home beauty salon. The Ridgewood Homeowners indicated that they did not oppose the Willis Conditional Use Permit for a beauty salon, so long as there were no signs erected to adver- tise the business, that parking would be confined to the Willis property, and that the operation be performed only by Ms. Willis and no other hired persons. COUNCILMAN DUITSMAN MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR~A~SY WILLIS TO OPERATE A BEAUTY SALON IN HER HOME AT 12210 RIDGEWOOD DRIVE, SUBJECT TO THE STANDARDS AND CONDITIONS CONTAINED IN TI1E CITY'S ZONING ORDINANCE, RELATIVE TO HOME OCCuPATIONS, AND WITH THE SPECIFIC UNDERSTANDING THAT NO SIGNS WILL BE ERECTED, THAT PARKING FOR THE BUSINESS WOULD BE CONFINED TO THE WILLIS PROPERTY, AND THAT THE OPERATION BE CONFINED TO MS. WILLIS HERSELF AND NOT ADDITIONAL HELP, AND FURTHER, THAT THE PERMIT BE ISSUED SUBJECT TO THE PLANNING COMMISSION'S RECOMMEND- ATIONS, REGARDING THE DURATION OF THE PERMIT. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. November 17, 1980 Page Four 11. Purchase of Cash Register for Northbound Liquor Store The City Administrator reviewed the re~uest for an additional cash register and a stand for said register at the Northbound Li~uor Store. The City Admin- istrator indicated that it was recommended by the li~uor store manager that an additional cash register be purchased to handle anticipated volumes of busi- ness in the upcoming months, as well as a higher volume of business anticipated in 1981. COUNCILMAN OTTO MOVED APPROVAL OF A CASH REGISTER OF THE SAME MAKE AND MODEL AS CURRENTLY OWNED BY NORTHBOUND LIQUOR STORE, AND A STAND FOR THE REGISTER AT A COST OF APPROXIMATELY $1,600. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Recreation Board Appointments The City Administrator informed the members of the City Council that Mr. Jim Dingle had recommended that Mr. Rohlf Anderson be appointed to the Recreation Board. Mayor Madsen indicated that Darrell Mack and Ken Nelson of the City Staff had also volunteered their services for the Recreation Board, but prior to their appointment, would prefer that the Recreation Board present the Council with a recommendation on their membership. COUNCILMAN OTTO MOVED TO APPOINT MR. ROHLF ANDERSON AS A RECREATION BOARD MEMBER. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Acton Pay Estimate Number 5 COUNCILMAN ENGSTROM MOVED APPROVAL OF ACTON PAY ESTIMATE #5, IN THE AMOUNT OF $150,518.00. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. l3~. Hazardous Waste Board Siting Committee The City Administrator reviewed a re~uest from the Hazardous Waste Board for representatives from the City of Elk River to sit upon a committee in Region 7-W to study siting criteria and locations for hazardous waste disposal facili- ties. The City Administrator indicated that he wished to be appointed to the Board. COUNCILMAN MOVED TO APPROVE THE CITY ADMINISTRATOR AND COUNCILMAN- ELECT GENE SCHULDT, IF WILLING, TO SERVIE AS THE CITY'S REPRESENTATIVES ON THE HAZARDOUS WASTE BOARD SITING COMMITTEE IN THIS REGION. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Administrator's Update A. Orono Dam The City Administrator reviewed progress to date on the Orono Dam for the members of the City Council. The Administrator also indicated the progress to date on the grant and loan agreements with the State of Minnesota for funding on the dam rehabilitation project. The Administrator informed the Council that no money had~ been received from the State to date, but that it was expected shortly. November 17,1980 Page Five B. Sanitary Sewer Interceptor The City Administrator distributed a letter from Patchin Appraisals regarding fees and services in conjunction with an appraisal for the sanita.r\\. sewer int~rceptor. _ :he City ~~ini~tr~tor ind~cated that it would probabl~e best fo!,ctheCouncJ.1 to revJ.ew thJ.s J.nformatJ.on--:.and to set a separate time and place for a meeting specifically with Mr. Patchin to re- view his proposal. C. City Code The Administrator asked that the Council choose a date for the first City Code review meeting. The City Council determined that Tuesday, November 25, 1980 at 7:30 p.m. in the Elk River City Mall they would have their first Code Review meeting. A copy of the proposed City Code would be provided before that time to Mayor-elect Dick Hinkle and Counci1man- elect Gene Schuldt. 15. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Tentative Agenda Items tentatively to be discussed at the next City Council meeting included conditional use permit restrictions for home beauty shops, the sanitary sewer interceptor plans and specifications and call for bids, Recreation Board appointments, and the Noon conditional use permit for a country club. There being no further business, COUNCILMAN OTTO MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4~0. Respectfully Submitted, -<S7L Robert C. Middaugh City Administrator RCM/dkk