11-06-1978 CC MIN
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REGULAR SUn-MONTHLY Ic1EETING OF THE
CITY COU}JCIL OF ELK RIv~R
HELD IN THE COUNCIL CRABBERS OF THE CITY OFFICE BLDG.
November 6, 1978
Hembers Present: Hayor IVladsen, Councilmembers Toth, Duitsman, Engstrom and otto
1. Meeting called to order at 7:30P.M. by Mayor Frank Badsen.
2. JVf..inutes
The following corrections were to be made on the minutes of the October 30, 1978
City Council Beeting: In Item #7, Mateffy was spelled incorrectly and in
Item #2, concensus was also spelled incorrectly. COUNCIU1EMBER OTTO MOVED TO
APPROVE THE MINUTES AS CORRECTED. COUNCIU1EIvlBER DUITSJVfillN SECONDED THE MOTION.
MOTION PASSED 4-0.
3. Agenda
Two new items were added to the agenda; these being Item #16, for the
consideration of an engineering firm to do a preliminary study on the Orono
Dam and ii12~, for discussion of tE:..e Christian Realty Bldg. . permit situation.
COUNCILNEMBER OTTO MOVED TO APPROVE THE AGENDA. COUNCILMErvJ:BER DUITSMAN
SECOKDED THE MOTION. MOTION PASSED 4-0.
4. Open r~ike
1. Residents questioned the Council as to why notices had not been sent
out to all of the residents concerning the rezoning of the property
mmed by Jerry Gallati. Hayor Hadsen mentioned that it had gone through
the Planning Commission and everyone living within 350 feet of the
property line should have received a notice.
The residents do not vvant a delay in the matter. The Mayor indicated
that the matter was on the agenda and would be considered at that time.
2. James and Harcia Ripsag appeared at Open Mike to ask for a reimbursement
for a diseased tree which they removed under the City's diseased tree
subsidy program. The City Admip~strator eJ~lained that the City's
policy, at that time, was not to pay for trees removed by private
individuals, as there 'ivcre no funds actually e-^.'pended by the home owner
and no receipts could be turned into the City for reimbursement. There
i'ras also some question as to the conversation ",rhich took place between
the Hipsags and the City's tree inspector, Mr. Terry Mack, concerning
options available to the Hipsags for the removal of their diseased tree.
The Council directed the Administrator to check vdth AI's Tree Service
to detemmine the accuracy of the $600 removal estimate and report back
to the City Council at the November 20, 1978 Council Meeting.
3. Mr. Cliff Lundberg, representing Gary SanhJire, of Gar-San Enterprises,
addressed the Council concerning Mr. Santwire's sewer hook-up charges,
which had recently been le\Qed against him for two homes in the Neadow
Park Subdivision and the addition to Mr. Santwire's office building in.
the City of Elk River. The City Admip~strator informed the Council that
no final decision had been reached yet by the City Attorney and the
City Administrator on this item and indicated that there would be a
response prepared for the November 20, 1978 Council Meeting.
5. Consider Rezoning and Conditional Use for Custom Motors
Mr. Gallati, his attorney, Steve Munstenteiger, ~Dd several residents in
the area were present for the hearing on this particular item. Comments
by the residents included concern for filling the property with junk,
if the rezoning were approved, the possible pollution effects on the
property, both on the river ani the land and the problem of property
valuations. Councilman Otto indicated to the residents that the size
of the business in question could not exceed the property currently being
rezoned or the terms of the conditional use permit would be violated.
As such, the operation could not e}~nd any larger than it presently is.
After some additional comments and discussion, COUNCIll~ OTTO MOVED TO
APPROVE THE CONDITIONAL USE PERIVIIT AND ZONE CHANGE AS RECOMHENDED BY THE
CITY'S PLANNING COI,'llilISSION. COUNCIU'JAN DUITSI/~ SECONDED THE MOTION.
HOTION PllliSED 1+-0.
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5t. Assessment Hearing for Fidgewood East 2nd Addition
City Engineer, Lyle Swanson, was present at the meeting to present the
assessment roll to the members of the Council and to answer any questions
\vhich the Council Hembers might have on the matter. COUNCIllWJ DUITSMAN
r.10VED THAT THE ASSESSMENT ROLL, AS PREPAP..ED BY THE CITY ENGINEER, BE
APPROVED IUTH A TEN YEA.."R DURATION AT 7Mo INTEREST. HOTION SECONDED BY
COUNCIUIAN TOTH. HOTION PASSED L.-O.
6. Day Care Policies Regarding the City's Zoning Ordinance
The City Administrator indicated that in order to exempt certain size day
care operations from the City's Zoning Ordinance an Ordinance would have
to be prepared amending the current zoning ordinance. The Administrator
also eXl)lained that this option was preferrable to waiving or changing the
fee for the Conditional Use Permit now required for day care operations in
certain zones in the City. After some questions by the City Council and
comments by people concerned with the day care policies, COUNCIll~1BER
DUITSMAN HOVED TO DIRECT THE CITY ADHnnSTRATOR TO PREPARE AN ORDINANCE
j\.H}~NDING THE CITY'S PBFSENT ZONIN"G ORDINft..NCE TO EXEliiPT DAY CARE OPERATIONS,
vJITH UP TO ELEVL'N CHILDREN FROH THE COl\1DITIONAL USE PERNIT REQUIREMENT
NOI~ IvlP.DE IN THE ZONTI-JG ORDINft.NCE. COUNCILJVIAN OTTO SECONDED THE MOTION.
MOTION PASSED 4-0.
7. Final Plat of Country,side Acres Addition
The City Administrator and the developer of the CountYJTside Acres Addition,
Mr. Archie Johnson, explained the circumstances surrounding the Countryside
Acres Addition Final Plat. Those conditions being that the Plat has been
approved in it's final form by the County Board and the Town Board prior to
the consolidation and that all the plat required was the signature of the
past 'EowTI Board Chairman, nOlrJ the Hayor of the City of Elk River. Hr. Johnson
indicated that he was willing to comply with the City's new standards for
streets in residential areas. In particular, the requirement of black top
roads Hi thIn the subdivision. COUNCIU1AN TOTH HOVED APPROVAL OF THE FINAL
PLAT FOR COlJ1-JTRYSIDE ACRE,S ADDITION, SUBJECT TO THE ESTABLISHHENT OF AN
ESCRON ACCOUNT INTO 1iJHICH A PERCENTAGE OF EACH LOT SALE IS TO BE PLACED TO
GUAfiANTEE TI.IE CONSTRUCTION AND BLACK TOPPING OF ROADS IN Th'E SUBDIVISION.
1>10TION SECONDED BY COUNCIU1AN ENGSTROH. HOTION PASSED LI-O.
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City Council Meting of November 6, 1978
page hlO
8.
Builging Per~tfor Doug Pitze~~
r.1r. Doug Pitzele appeared before the members of the City COlli"'1cil to ask for
a change in a decision made by the Building Inspector regarding a building
perrnit for his property located on I-h'IY 10 adjacent to Country Chrysler.
Mr. Pitzele e}~lained that the Building Inspector was requiring footings to be
placed under the present building and that this requirement '\'Jas unreasonable
and if required. he 'ilould not be able to comply and as such, '\nlould have to
move his business out of the City of ED;: River. The Building Inspector, Mr.
Jack Holmes, indicated that he would be willing to allow the present building
to remain as it currently is so long as the nevJ addition to that building lIIaS
built up to code with footings, plumbing and other requirements made by the
Building Inspector. Mr. Pitzele indicated that this would be a suitable
solution to him because it required less capital outlay on his part and
since the building Has to be temporary and to be torn dmm in approximately
three years, a large e}~enditure on his part would not be warranted.
COUNCILMAN DUITSr.fAN HOVED TO APPROVE THE BUILDING PElliUT FOR HR. PITZELE,
VIITH THE BEQUIBEl"JENT THAT FOOTINGS , APPHOPRIATE PLUI.IBING AND OTHEH BUILDING
CODE REQUIREHENTS BE NET IN THE lIl"Evf ADDITION ONLY. COUI\fCIIYJu'J ENGSTROH
Sl'.;CONDED THE NOTION. HOTION PASSED 4-0.
9.
Mu..11icipal Utility Commission Appointments
The Council received a letter from Mr. Hilliam Patenaude, superintendent
of the Hunicipal Utilities, indicating that the Council had the option of
filling a temporary appointment on the Municipal Utility Commission made
in January 1, 1978 that is currently filled b~{ Hr. Bud Adams and that the
appointment of Mr. Bud Elliot lIJould expire December 31, 1978. COUNCIUrAN
DUITSHAN MOVED THAT DR. ANTHO!\1Y JARNOLUK BE APPOINTED TO A TEPI}} BEGINNING
NommER 15, 1978 AND ENDTI'ifG DECEHBER 31, 1980. HOTION SECONDED BY
COUNCIU~N OTTO. NOTION PASSED 4-0.
10.
Animal Control Program
The City Administrator explained a memorandum sent to the City Council
indicating that in the review of the animal control program, it was
determined that the existing program has defficiencies and could be
improved upon. The concensus of the City Council was that the exicting
program probably could be improved upon. The Council directed the City
Adrr~nistrator to explore the situation fuxther and to develop several
alternatives for Council consideration. Alternatives to be considered
include hiring a City dog catcher, negotiating a contract on a strictly
call-out basis and negotiating contract with a combination of call-out and
patrol hours.
Fee Schedule for Planning and Zoning Changes
11.
The City Administrator explained to the members of the City Council that
a potential for a particular plat, zone change, variance or other zoning
or planning item to exceed the City's existing fee schedule eY~sted. The
Administrator informed the Councilmembers that the City Planner concurred
in this observation. The Administrator suggestion to the Council was to
amend the e)~sting fee schedule to allow an increased fee for those
plaQDing~zoning items, in which it is determined the City's fee is inadequate
to cover the cost ~rrlich lIall be incurred by the City. After some discussion
on this item; gOUNCILl"J>N OTTO)\;IOilED THAT~ THE CITf'S PLANNIlIJG AND ZONING
FEE SCHEDULE BE AHENDED TO ALlOH A SLIDING SCAL'S FOR PLANNING JiJlJ'D ZONING
FEES7 vJHEN IT IS DETERHTI.JED BY CITY STAFF THAT SAID FEES t;IILI"'EiCEED
125~;; OF THE ESTA13LISHED PEp FOR TIlE PARTICULAR PLJi.NNINGORZONINGITEH
'fNQUEsTION (FEES gP.P.RGED BY THE CITY ARE INTENDED ONLY TO COVER CITY'-S
COST A1TD NOT TO GEl'JERATE HEVENUE). COUNCIU1AN DUITSNAN SECONDED THE NOTION.
HOTION PASSED 4-0.
1.2. Stop Signs
The City Administrator and the City Street Superintendent indicated that
there were some problems on City streets, which may be remedied by the
erection of stop signs. The areas indicated as possible stop sign sites
were signs at 4th St. and Proctor stopping traffic traveling on 4th St.
and at Mississippi and Orono, stopping traffic in all directions. The
City Attorney indicated that it was unnecessary to adopt an ordinance in
order to erect and enforce stop signs. COUNCILMAN OTTO MOVED THAT STOP
SIGNS BE ERECTED IN THE FOLLOVJING LOCATIONS:
1. Tl~O SIGNS AT 4TH ST. AND PROCTOR, STOPPING TRAFFIC ON 4TH ST
2. ONE SIGN AT THE INTERSECTION OF MISSISSIPPI AND ORONO RD, STOPPING
TRAFFIC TRAVELING EAST ON ORONO RD
3. AT PROCTOR AND MAIN ST., STOPPING TRAFFIC ON PROCTOR.
COUNCIUflA.N ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0.
12i. Christian Realty
Chuck Christian and Raleigh Christian, representing Christian Realty & Bldrs.,
were present at the Co,:fficil Meeting, along with Dave Sellergren, City
Attorney for the City of Elk River. Mr. Sellergren and Chuck and Raleigh
Christian reviewed the situation ~~th the suspension of building permits in
the Heavenly Hills Subdivision for the members of the Council. Hr. Sellergren
informed the members of the Council that there was law on both sides of the
issue to support the claims made both by the Christians and by the City, but
that he felt that the City's case was slightly stronger. The Council proceeded
to discuss with the Christian brothers, Mr. Sellergren and the City Administrator,
various alternatives for rectifying the situation. The alternatives discussed
included platting the land, black topping the roads, providing drainage, providing
easements and making corrections in the roadway. After some discussion on many
of these alternatives, Chuck Christian volunteered to construct a roadway linking
the Heavenly Hills Subdivision with that Subdivision directly west of it, to
grant the City easements for cuI de sacs, as the City requested, to provide
drainage where necessary and he insured the members of the City Council that
each buyer, in the area, would sign a maintenance agreement for the gravel
roadway which would remain. With those understandings, COUNCILMAN TOTH
MOVF~ THAT CONSTRUCTION BE ALL01tJED TO RES1JMl!~ IN THE HEAVENLY HILLS AREA ON
PARCELS WITH VALID BUILDING PERMITS, HITH THE UNDERSTA!\1DING THAT AN AGREEMENT
WOULD BE EXECUTED BETw~EN THE CHRISTIAN BROTHERS AND THE CITY OF ELK RIVER,
PROVIDING FOR ROAD EASEMENTS, CUL DE SACS 11.1\11) CONSTRUCTION OF THE NECESSARY
ROADHAY. MOTION SECONDED BY COUNCILMAN OTTO. HOTION PASSED 4-0.
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City Council Meeting of November 6, 1978
page three
13. Purchase of Capital Equipment and Bond Issue
The City Administrator and the City Street Superintendent reviewed the
various equipment purchase options for the members of the City Council,
which included possible purchase of:
1. Two used tandem axle dumptrucks
2. Purchase of a nevi 55HP tractor/backhoe
3. Purchase of a neVi single axle dumptruck
4. Purchase of a patrol/grader.
After reviewing the possible uses and costs for each of these items vuth
the members of the Council, COUNCIUlAN DUITSHAN HOVED THAT THE TNO 1971
USED TANDEM AXLE DUHPTRUCKS BE PURCHASED IN THE AMOUNT OF $5,000 EACH
MINUS $500 IN REPAIR COSTS FOR ONE OF THE VEHICLES. HOT ION SECONDED BY
COUNCILMAN ENGSTROM. HOTION PASSED 4-0.
Considering the Bond Program, the City Administrator explained that it was
to the City's advantage to bond, at this time, for the Ridgewood East 2nd
Addition, whose assessments were approved at this meeting and for the
equipment purchases authorized by the City Council. COUNCILMAN ENGSTROM
HOVED APPROVAL OF A BOND ISSUE IN THE AI<10UNT OF $90,000 FOR THE. FOLI.OiHNG
PURPOSES:
1. THE RIDGElrJOOD EAST (2ND ADDITION H1PROVEMENTS
2. PURCHASE OF A NEH 55HP TRACTOR/BACKHOE
3. PURCHASE OF A NEi'l FIRE PUMPER.
COUNCILV~N DUITS~1AN SECONDED THE HOTION. MOTION PASSED 4-0.
14. Purchase of Administrative Automobile
The City Administrator presented several quotations for 1978 automobiles
to the members of the City Council. The Administrator explained that it viaS
a savings to the City to purchase a 1978 vehicle rather than a 1979 vehicle,
30 long as the City could pay for that veh::cle in 1979. After reviewing the
quotations submitted by the Administrator and discussing the various vehicles,
COUNCIU1AN OTTO MOVED THAT A 1978 FORD FAIRMONT BE PURCHASED FROM ELK RIVER
FORD IN THE AHOUNT OF $4,800. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION
PASSED 4-0.
15. Consider Check Register
COUNCIU1AN TOTH HOVED APPROVAL OF THE CHECK REGISTER. COUNCIL!J'.tAN ENGSTRm-1
SECONDED THE MOTION. HOTION PASSED 4-0.
16. Orono Dam Engineering Firm
Mayor Madsen reviewed the comments and discussion on the various engineering
firms from the special meetigg held on i^lednesday, November 1, 1978 at 8:00 P.M.
~I1 in the City Hall. The concensus of the Council, at that meeting, was
to engage the firm of CH2M-Hill for preliminary engineering work in
conjunction with the repair of reconstruction of the Orono Lake Dam.
C01.JNCIU1A.1IJ ENGSTROtvI MOVED THAT T'riE ENGINEERING FIRM OF CH2M-HILL BE
ENGAGED TO PERFORI0: PRELIHINARY ENGINEERING \~OPJ( ON THE ORONO LAKE DAM,
AS PROPOSED BY THE ENGllJEERING FIRM, iHTH COST FOR A PHASE I STUDY NOT
TO EXCEED $8,000 AND COSTS FOR THE PHASE II PORTION OF THE STUDY NOT TO
EXCEF.ill $18,000. IJlOTION SECONDED BY COUNCILMAN DUITSrtiAN. HOTION PASSED
4-0.
COUNCILMAN ENGSTROM MOVED THAT THE HEETllJG BE ADJOUR.\i'ED. MOTION
SECO~l)ED BY COUNCIU"J,.N OTTO. MOTION PASSED 4-0.
Meeting Adjourned.
Respectful:y Submitted,
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Robert C. Hiddaugh
City Administrator
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