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08-20-1979 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY August 20, 1979 Members Present: Mayor Madsen, Councilmembers Otto, Toth, Duitsman and E:ngstrom. Members Absent: None. 1. Meeting called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Consideration of a change order in the McChesney Industrial Park Improvement Project was added to the agenda as #St. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE AGENDA AS CORRECTED. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF AUGUST 6, 1979. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 4. Open Mike. A. Mr. Dave Hauan appeared before the City Council to discuss a situation with a commercial building he owns on Highway 10. Mr. Hauan indicated that h-e owned a 40 acre parcel and wished to split off two 5 acre parcels. Mr. Hauan indicated he would be willing to construct a blacktopped road to service ~bese two lots; however, it would be necessary for. him to sell an existing commercial building in order to finance the road construction. COUNCILMAN OTTO MOVED TO WAIVE THE PLATTING REQUIREMENT WITHIN THE INTERIM ORDINANCE AND TO ALWW MR. HAUAN TO SPLIT THE TW05:.AGRE PARCELS ONLY WITH A SUBDIVI- SION REVIEW BY THE APPROPRIATE CITY OODIES. COUNCILMAN DUITSMAN SECONDED THE MOTION MOTION PASSED 3-1. COuNCILMAN TOTH OP~ED. The City Adminis- trator is to have a developer's agreement prepared stating the terms of the subdivision and when the blacktopped road.will be constructed. This agreement is to be reviewed by the City Council and to the Planning Commission prior to signing. B. Mr. Bob Vingt of Cloverleaf Motors in the City of Elk River appeared before the City Council to discuss the purchase of a pickup truck by the Municipal Utilities. Mr. Vingt indicated that he had submitted a bid for a pickup truck to be purchased by the Municipal Utilities and it was determined that his was the low bid. Upon checking with the Utility Commission to determine if he should order a vehicle, Mr. Vingt was informed that the bid award was made to Milaca Ford for the pickup truck. Mr. Vingt indicated that the Municipal Utility would not provide him with sufficient information to deter- mine why his bid was not selected and why the MilacaFord bid was accepted. Councilman Duitsman indicated that differences existed between the vehicles and that the Municipal Utility Commission felt they were getting a better vehicle for their money. Councilman Duitsman suggested Mr. Vingt attend a Utility Commission meeting and discuss this with the Utility Commissioners at that time. No action was taken on this item. C. Mr. Harvey Bray appeared before the City Council and asked that hiS. property on 189th Avenue be graded or that a retaining wall be established so he can properly maintain his property. The City Administrator indicated that the matter would be looked into and resolved if possible. 5. Comnmter Bus Route Application Mr. James Lorenz appeared before the City Council to explain his request for a commuter bus route between the City of Elk River and St. Paul. Mr. Lorenz indic;ated that the bus route was an experimental project being subsidized by the Minne ota Department of Transportation and that future expansions or reductions in bus service would depend upon the success of this experi~~~ Mr. Lorenz indicated further he wished to have the support of the City Council for his bus service route and the cooperatio~ and assistance of the City in locating a park and ride site in the City limits. COUNCILMAN ENGSTROM MOVED TO SUPPORT THE COMMUTER BUS ROUTE APPLICATION OF MR. JAMES IDRENZ AND TO PROVIDE THE NECESSARY ASSISTANCE AND COOPERATION IN LOCATING. A SUITABLE PARKING RIDE SITE IN THE CITY. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4)). . 6. Stop Sign Request The City Administrator explained that a stop sign request had been made by Mr. Peter Kimball at the intersection of Second and Evans Streets. Mr. Kimball indicated that traffic was traveling too fast and.thatnoclear right-of-way at the intersect.ionhadbeenestablished. TheC.ityAdministrator informed members of the Council that the Street Superintendent and Po].ice Chief could see no basis for a stop sign at the intersection'a:nd:f~.~.ere, recommended that the requested sign not be installed. The City Administrator indicated that a yield sign was acceptable to the Street and Police' Depart- ments and that such a sign would solve at least the right-of-way problem being experienced at the intersection of Second and Evans., COUNCIJ1.1AN . OTTO MOVED TO AUTHORIZE THE INSTALLATION OF A YIELD SIGN ON SECOND STREET ,. AT THE INTERSECTION OF EVANS ~UIRINGTRA!FIG'TRAVELING ON. SECOND STREET TO YIELD. COUNCILMAN DUITSMAN SECONDED THEMOTION.MC>TION pASsED 4-0. . 7. Highland' Hills Final Plat and Variance Request The City Admini~trator indicated to the. Council that Mr. LUnd, the developer of Highland Hills, had attempted to secure road easements to link 198th Lane and 200th Circle and was unsuccessful. The Administrator indicated further that the City had reviewed the area to be designated for park and found it to be approximately 1/3 wet or marshy land. Mr. Lund presented a map to the members of the City Council which indicated in more detail exactly where the wet areas in the proposed park were located. Councilman Duitsman asked if there would be maintenance problems for the City if the wet areas were accepted as part of the park land. The City Administrator indicated. that he could foresee no maintenance problems in the future with the exception of the need for spraying for mosquitos, which the City does ,not do in other. comparable areas at this time. Both Councilman otto and Councilman Duitsman indicated their opposition to condemning property to establish a through road between the Knollwood Subdivision and the proposed Highland Hills Sub- division. Councilman otto asked if 198th Lane could be looped to provide two accesses to the eastern part of the plat. Mr. Lund indicated that it could be and that the easiest place would be to loop it through the pro- posed park. This was acceptable to the members of the City Council. COUNCILMAN OTTO MOVED APPROVAL OF THE HIGHLAND HILLS FINAL PLAT WITH THE CORRECTION OF LOOPING 198TH tAND THROUGH THE PROPOSED PARK AREA AND LEAVING . AN EASEMENT TO THE EAST FOR POSSIBLE FUTURE CONNECTION WITH 200TH CIRCLE August 20, 1979 Page 2 IN THE KNOLL WOOD SUBDmSION AND SUBJECT TO THE DEVELOPMENT OF AN APPROPRIATE DEVElOPER t S AGREEMENT STATING THE "TERMS AND CONDITIONS OF COMPLETION OF ROAD IMPROVEMENTS · IN THE PLAT. COUNCILMAN DuITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. COUNCILMAN TOTH MOVED APPROVAL OF THE LOT SIZE VARIANCE FROM THE INTERIM ZONING ORDINANCE FOR THE HIGHLAND HILLS FINAL PLAT. COUNCILMAN-OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 8. Meadowvale Oaks Final Plat and. Improvements After a review of the Meadowvale Oaks Final Plat, COUNCILMAN TOTH MOVED APPROVAL AS PREPARED. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION. PASSED 4-0. The City Engineer, Mr. Dick Sha, reviewed the costs for the improvements in the Meadowvale Oaks Subdivision and plans and specifications for the project. Mr. Sha also reviewed for the members of the City Council bids re-eived on August 20 for improvements in the Meadowvale Oaks project. Mayor Madsen declared the public hearing open for the Meadowvale Oaks Improvements project and requested all those wishing to speak to the subject to identify themselves. No one was present and Mayor Madsen closed the public hearing. COUNCILMAN TOTH MOVED APPROVAL OF RESOLUTION 79-29 ORDERING THE IMPROVEMENTS IN THE MEADOWVAIE OAKS SUBDIVISION PROJECT. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. COUNCILMAN TOTH MOVED APPROV A.t OF REsOLUTION 79-30, AWARDING THE BID FOR THE MEADOWVALE OAKS IMPROVEMENTS TO S & L EXCAVATING) INC. IN THE AMOUNT OF $58,337.06. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-6. st- McChesney Improvement Project Change Order Mr. Dick Sha, City Engineer.>indicated that Mr. Je'1:1.V'McChesney;had requested and extension on the proposed sewer to be constructed in the McChesney Industrial Park to service two additional lots. Mr. Sha indicated that the change order consisted of building up the road surface and extending the sewer line approxi- mately 150 feet. Mr. McChesney indicated that the change order h~d been reviewed with him and that he approved of the extension. Mr. McChesney also wished to have the costs of the change order assessed specifically to the two lots which will benefit from the extended service. COUNCILMAN TOTH MOVED APPROVAL OF A CHANGE ORDER FOR THE MC CHESNEY INDUSTRIAL PARK IMPROVEMENT.. PROJECT. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 9. Xenia Street Improvement Project Mr. Skip McCombs, City Engineer, reviewed the Xenia Street Improvement project for the residents present and the members of the City Council. Mr. McCombs indi- cated the cost of the project, including all overhead, would be approximately $15,660.00 and that construction alone was bid at $13,060.00. Mr. McCombs indi- cated that if the road were not realigned and if sodding were not included in the project, that $900 and $1,992.00 could be saved respectively. The cost per foot with the deletions from the project would be approximately $9.68 per foot.." With the total project as proposed, the costs would be $11.88 per foot. Mr. Harry Kreuser asked the engineers how the project would be assessed. Mr. Lyle Swanson indicated that the figures anticipated an assessment based upon straight front footage with no allowances for corner lots or irregularly shaped lots. Because of some questions regarding the assessment procedure, the City Administrator was instructed to investigate alternate assessment methods and to discuss them with the residents in the project area. COUNCILMAN DUITSMAN MOVED TO TABLE FURTHER CONSIDERATION OF THE XENIA STREET IMPROVEMENT PROJECT UNTIL THE NEXT MEETING. TO DETERMINE IF THE PETERSON ADDITION PROJECT WOOLD BE ORDERED AND IF RESIDENTS WOULD ALTH.l!;J!; TO AN ALT.I:ili.NA'l'f!j Jlli0.1!iO::>MiNT Mf!j'l'HOD. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 10. Peterson Addition Road Improvement and .Railroad Crossing Projec't The City Administrator, the Cit.y' sengineers represented by Mr. Skip . McCombs, Mr.. IQleSwanson, the City Attorney represent.ed byI.indaFisher, s,nd the City Planner represented byMr.Zack Johnson were present, to explain for the members of the City Council and the residents- presentvariousB,spects of the Peterson Addition Improvement project. Mr. McCombs began his presenta- tion by indicating that several levels of benefit hadbeenident.ifiedin the project area and that in developing this areas the over all street pattern had been taken into consideration.. Mr. Johnson indicated that the road system as is currently established was used as a beginning.pointandl:lu.i.lt upon to form a conceptual road system for future developments in the area which might eventually be linked to the proposed rail crossing. Mr. McCombs indicated that level #1 was the highest benefit and that level #3 the lowest level of benefit and reviewed the proposed costs per acre'.ofeachofthe three levels.. The City Administrator indicated that the transportation pattern and the degree of access to a particular area, including the amount of need or use of the proposed rail crossing, were all taken into consideration in establishing the various levels and areas of benefit.. .Ms..Fisl1.er~~yiewed for the Council and residents present actions which the City .counc:il<;an tak.e at this meeting to consider. the improvement and reviewed the green. acres provision of the state law which is applicable in several instances Premo sed to be assessed. Ms. Fishera.l:~~Elwed.> briefly the 1s,wofbenefitaIl4 indicated that the principle for assessing property was to use t.he highest and best Mure use of the area .in q~estiqll.'rl1.ecl,qse .of~a.f~ .c(m~nen.t.s, it was the concensus of the City Council to conduct two separate public hearings on the improvements projects. One hearing for the ro~d improve- ment and one hearing for the railroad crossing improvement., ':~Ms point, Mayor Madsen declared the public hearing for the railroad imProvement project to be open. The following individuals addressed the City Council on this subject: Mr. Dick Hinkle addressed the City Council and indicated that his farm would be assessed the single largest sum of money for the proposed rail crossing project. Mr. Hinkle indicated that he was not responsible for the problem and he did not feel then that he. should have to pay to remedy the exist.3.bg problem.. Mr. Hinklei1ndicatedthat hew1ll notbedevelopingMs PropelFty in the future as he had a major investment in his dairy operation on the premises he owned. Mr. Hinkle indicated further that he felt the problem had been created by the developer of the Peterson Addition 8.ridtlititthe developer was aware of the problem as should have been the people buying lots in the. area. Clifford Lundberg addressed the City Council and asked if the property at the southeast portion of the area proposed to be assessed had been included in the public notice. The City Administrator indicated that it had been excluded, but that the property owner was present tonight and the City Council could correct the public notice at the meeting this eve~ifthey chose to do so. Mr.. Lundberg also indicated that he ~elt thattheColelllan Addition to- the north of the area proposed to be assessed should be included in the assessment. notice. . The City Administrator indicated to Mr. Lundberg that the Coleman Addition was specifically excluded because two accesses were provided to the area and, as sUch, the City could not make a finding of benefit for Mr. Coleman'S area. John Coleman addressed the City COuncil and indicated he felt the developer should pay the total cost for. the improvement projects and not the farmers surrounding the area of housing subdivisions. . . . . .. . '" ....- . . . August 20, 1979 Page 3 ---, Mr. Harold Dobel indicated he would place his property proposed to be assessed into green acres and the City would never collect assessments levied because Mr. Dobel would neve-I' change the use of his property. Bill Harju indicated that a priority of the soil conservation service was to preserve farmland of certain quality wherever it is located. Mr.Har~ indi- cated that each year ~ great deal of prime agricultural land is lost to other uses and that this appeared to be the case with the rail~7Cssing improvement. Mr. Harju asked ,if this type of assessment was consistent with the land use grant obtained by the City in this calendar year for the pu:r'pose of revising its zoning and subdivision ordinances. Mr. Harju indicated he felt an assess- ment against the farm properties before the rail crossing established a prece- dent of the City not wanting farmers or farmland in the City of Elk River for the future. Mr. John Miller indicated he was an attorney representing eleven homeowners in the Peterson Addition. Mr. Miller indicated that the question of who paid for the crossing did not . need to 'be addressed tonight but the fact of whether or not the crossing was to be built at all should be addressed and had not been. Mr. Dick Hinkle indicated he wished to know whether or not he was going to be paYing for the crossing before the decision to install it was made and, as such, who was going to pay for it should also be addressed at tonight t s meeting. Mr. Cliff Lundberg indicated to the City Council that he felt the railroad should help pay for the installment of the rail crossing and also asked if the provision in the crossing agreement regarding maint,enancec.osts t.o be borne by the City had been addressed. The City Administrator indicated that approval of .theorossing construction agreement would be with the stipi.lla.tion that negotiations on the mainte;nance costs for the crossing be mad:e and successfully concluded with the Burlington Northern Railroad. Mr. Lundberg continued by indicating he felt the railroad was liable for the problem because they created the public crossing by issuing so many private permits. . Mr. LUndberg feels the railroad has acted illegally in revoking these permits~ Mayor Madsen indicated that the Department of Transportation had . the right to conduct a hearing to determine if the. railroad should pay a portion of the costs but that all parties concerned felt the railroad would not be required to make any payments for the crossing. Mr. Dick Schrupp asked the members of the City Council how' the residents would drive in the area while a railroad challenge was being mount.ed because the roads were so poor'that they were barely negotiable at this time. Mr. Greg Pederson indicated Mr. Lundbergts~ents against the rail crossing and road improvement were being brought up too late in the process and should not be considered at this point. Mr. Pederson also indicated he. did not feel the farmers in the area should be assessed for cost of the' rail,~~ing improve- ment. - Diane Miller indicated she felt farmers in the area should not'par an assessment for the rail crossing. . Mr. John Pearce indicated he did not feel the farmers in the area should be assessed for the rail crossing or the street'~~#~~.'lts. Mr. Pearce wondered what was the logic behind not assessing streets to farmers but assessing the cost of the rail crossing to farmers. Mr. McCombs and the City Administrator indicated that the project was very similar to that of a' sewer trunk line in which individuals in a certain specified area were assessed for the cost of that improvement even though they may not have direct or immediate access to that improvement because in the future they may have access or use for the improvement. Mr. Robert Fritz ,indicated he did not. feel his property should. be assessed for the rail crossing and that it was undeveloped and he did. not propose to develop it in the near future. Mayor Madsen and Councilmembers otto, Engstrom, Toth and Duitsman all indicated their opposition to assessing farmland in the area for the cost of the rail improvement.. Concensus of the Council was that only areas developed should be assessed for cost of the rail crossing and that areas in active farmland should not be assessed for this improvement. . Mr. Chuck Christian indicated he felt the City was at fault for stopping construction of the access to the north and this was the. reason the. roadway had not been completed. The City Administrator indicated~.14r.Christian that his road construction . practices were somewhat questionable and . that . his activities were illegal and, as such, he was stopped. Nr.Christian in,dicated further he felt the Hinkle property benefited from the. crossing and should be assessed. .. Mr. Bill Herreid asked'the~~ of the City Council if t-he crossing could be closed and the roadway to the north constructed. The City Administrator and the Nayor indicated that it was highly desireable and the requirement of the City that the subdivisions have two means of access for.life sa~ety purposes. Mr. Wally Ohland asked if his use of the original private crossingwoulq be grandfathered into exist-ance so that he may continue to use theprim.e crossing for his own purposes. Mr. Ohland indicated that if his crossing were not to be kept asa private crossing he would have to have access . to his property. in order to bP-. assessed. There being no furthercomrile~~ from .the residents' present, ..MayorMadI3~n declared the public hearing' closed. COUNCIJ':MAN. -$!TO MOVED .APPROVAL OF' RESOLUTION 79-3; ORDERING THE RAILROADOROSSING IMPROVEMENT >TO 'BEOON- STRUCTED AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER Dffo AN AGREEMENT WITH BURLINGTON NORTHERN RAILROAD FOR.THECONSTRUCTION-.()".. '!'HE RAIL CROSSING. COUNCIIMAN ENGSTROM SECONDED THE MOTIO~ .... ,}fOTION'PASSED4-P. Peterson Addition Road I rovementPro ect: The City Engineer, Mr. .Skip McCombs, r.e ewed t eproject co s invo vedin constructing . roads in the Peterson Additien.Total cost of the project is estimated at $99,:320.00 and the construction cost is $82,765.50. Mr. McCombsindifjatedthe per lot costs on this basis would be $:3,547.00 per lot in the Peterson 'Addition. Mayor Madsen declared the public' hearing open for the Peterson-Addition. Road Improvement project. The following pe9ple addressed.the City Council on the project: Mr. James Maplethorpe asked if the road could be extended to the far. west boundary of the plat to service fully his parcel of property. Greg Pederson did not feel the road should. be extended all the way to the end of the flats simply to service an individual parcel. Mr. Phil Casperson asked if as a landowner on the far eastern' portion of Peterson Addition he would be responsible for paying for the road construction linking any future development to the east. The Mayor indicated to '~..Cas- person that that cost of...road construction would .be borne by .whatever..developer built the roads to the east. The. City Administrator suggestedthatthecul-de- sacs in question extend to' the;~,point of the end.lots'm.the .peterson Addition, thereby providing access but not incurring the expense of extending the road . to the far eastern and western' borders of the Peterson Addition. Mr. Greg Pederson asked if the rail crossing could' be constructed and the roads remain gravel in the Peterson Addition. Mayor Madsen. in4iea--tecl ~ felt this might be possible. Councilmember Toth felt. the. blacktopped road had to be constructed as' a requirement of building the public. rail crossing. There being no further comments , COUNCILMAN ENGSTROM MOVED APPROVAL. OF . RESOLU- TION 79-36', ORDERING THE CONSTRUCTION.'9.~~ P.t!j'J}~N ADDITION ROAD. I..~ . 'v~f. COUNCILMAN TOTH SECONDED. THE MOTION. MOTION PASSED 4-0. .. COUNCILM.AN . TOTH. ... .... MOVED APPROVAL OF RESOLUTION 79-37, ACCEPTING AND AWARDING THEBIDSIN-THE P.ll,l'J5HSON ADDITION TO NnH." INC. elf lNOKA IN THE AMOuNT.OF.$B2,.76;.50... ... COUNClim""DuITSMINsEOO'NDED THE MOTION. MOTION pESED 'H. -.' . . August 20, 1979 Page 4 11. Hobbitt Hills Preliminary Plat . Mr. John Coleman was pre,sent t()respQng, to questions from the City Council on the Hobbitt Hills preliminary plat. The members, of the City Council reViewed the plat and there being no questions, COUNCILMAN DUITSMAN MOVED APPROVAL OF THE PRELIMINARY PLAT AS PREPARED. COONClIMAN Om SECONDED THE MOTION. MOTION PASSED 4-0. 12. Pinewood Road Improvement Proj~ The City Administrator explained that he had been unable to contact the developer, Mr. Tom Noon, to discuss various security provisions for the road improvement project. As such, the Administrator recommended the item be tabled until Mr. Noon had the opportunity to indicate whether or not the terms would be acceptable. COUNCILMAN TOTH MOVED THAT THE ITEM BE TABLED UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMAN DUITsMAN SECONDED THE MOTION. MOTION PASSED 4-0. 13. Mineral Extraction License for C.S. McCrossan, Inc. ':fhe City ,Administrator indicated that the application for the C.S. McCrossan mlneralext.raction license was in order with one exception. That exception being the absence of a rehabilitation plan for the area which is required by the ordinance. The City Administrator recommended the City Council approve the mineral extraction license with a provision that within six months of the date of approval of the mineral extraction license that a rehabilitation plan encom- passing the C.S. McCrossangravel extraction site, as well as other surrounding sites to be developed and approved by the City Council. COUNCILMAN ENGSTROM MOVED APPROVAL OF A MINERAL EXTRACTION LICENSE FOR C.S. Me CROSSAN. INC. SUB- JECT TO THE PAYMENT OF A $750.00 LICENSE FEE AND WITH THE UNDERSTANDING THAT A REHABILITATION PLAN ENCOMPASSING THEIR GRAVEL EXTRACTION SITE WOULD BE CREATED AND APPROVED BY THE CITY COUNCIL WITHIN SIX MONTHS FROM 'rHIS DATE. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 14. Noll-l-Con Items COUNCILMAN DUITSMAN MOVED APPROVAL OF THE NON-CON ITEMS. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 15. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COONCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED TO INCREASE THE CITY ADMINISTRATOR'S SALARY TO $22,000.00 PER YEAR EFFECTIvE JULY 1, 1979. COUNCIlMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 16. Tentative Agenda Items .sCb~dU1ed tentatively for the next City Council agenda include the Pinewood ~oad .tmprovement project, Xenia Street road improvement project and the School Street drainage improvement project. Councilman Duitsman indicated that there would be a finance committee meeting held on WednesdaYt August 22, 1979, at 7:30 p.m. in the Elk River City Hall and that besides the finance committee members the other Council .. . members were welcome to attend. . COUNCIIMAN OTTO MOVED THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION.. MOTION PASSED 4-0. Meeting Adjourned._ , Respectfully Submitted, ~::.~ City Administrator RCM: adb . .