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
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