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09-16-1985 CC MIN THE REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, SEPTEMBER 16, 1985 Members Present: Mayor Hinkle, Councilmember Engstrom, Gunkle, Schuldt, and Williams Members Absen t : None Staff Present: Tom Bublitz, City Administrator 1. The September 16, 1985 City Council Meeting was called to order at 7:30 p.m. by Mayor Hinkle 2. Consideration of Agenda Items 5~ - Chief Zerwas' Memo and 6C - Minnesota Finance Officers Conference were added to the agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE AGENDA OF THE SEPTEMBER 16, 1985 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Consideration of Minutes Councilmember Gunkel noted that on page one of the minutes, it should state "there was a general consensus among Councilmembers NOT to require the replacement by the contractor of the ten feet of sidewalk". Councilmember Gunkel noted that on page four under item 6, the percentages of 8.06% and 8.24% should be transposed reading "Mr. Ron Langness noted that the estimated interest rate for this issue was est- ablished at 8.24% and that the actual came in at 8.06%. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE AUGUST 12, 1985, CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. September 3, 1985 CounciL Minutes Councilmember Gunkel noted that on page one, item 5, the sentence Mr. Maurer further indicated that he had sent the Mayor and City Council regarding these alternatives was repeated twice. Councilmember Gunkel noted that on page 2 of item 5, there was a typigraphical error in the spelling of Roper. Councilmember Gunkel noted that on page 3 under item #10, "a private road agreement" should be inserted in the following sentence: "The Building and Zoning Administrator further stated that in order to grant the administrative subdivision a private road agreement shall be entered into wi th the City of Elk River". COUNCILMEMBER SCHULDT MOVED TO APPROVE THE SEPTEMBER 3, 1985 CITY COUNCIL MINUTES ~~NDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. opeA Mike I No tne appeared for this item. I I i i I City Council Minutes September 16, 1985 Page Two 5. Consideration of Resolution Amending Earlier Adopted Resolution Authorizing Issuance of General Obligation Tax Increment Bonds The City Administator indicated that on the previous Resolution made regarding this item, there was no reference to the bond insurance and the City Attorney is recom- mending that this be referenced in the amended Resolution. COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 85-46 A RESOLUTION AMENDING EARLIER ADOPTED RESOLUTIONS AUTHORIZING ISSUANCE OF $850,000 GENERAL OBLIGATION TAX INCRE- MENT BONDS SERIES 1985,-AAND $130 ,000 GENERAL OBLIGATION. TAX INCREMENT BONDS SERIES 1985-B. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 5~. Video Equipment for Police Department The City Administrator indicated that the Police Department had received $1,000 from the United Way and $500 from the Eagles Club for the purchase of a video machine. The City Administrator further stated that there was a balance of $321.98 still owing on the video machine and further that the Police Department was request- ing authorization from the Council for the balance of the money. The City Admini- strator further indicated that the video machine would be used by the Police Department for the safety education programs and crime prevention programs. Councilmember Schuldt questioned how the Police Department ended up short and questioned whether they had obtained quotes on video machines for prices, and further indicated he felt the Police Department should come to the City Council with their request before purchasing the equipment. It was the consensus of the City Council that discussion could be held at the Department Head budget meetings regarding the purchasing of equipment. Discussion was also held regarding the possibility of the City also using the video equipment. COUNCILMEMBER WILLIAMS MOVED TO MAKE UP THE SHORTFALL OF $32J ~98 TO THE POLICE DEPARTMENT FOR THE VIDEO EQUIPMENT AND THAT THE DIFFERENCE SHALL COME OUT OF THE GENERAL FUND. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. GA. Staff Report on Proposed Minnesota Pollution Control Agency The City Administrator indicated that there was a proposal put out by the Minnesota Pollution Control Agency to place in effect, without a public hearing, certain rules which would place fees upon water and air quality permits. The City Administrator indicated that this would affect our Wastewater Treatment Plant and further stated that if adopted by the PCA, a fee permit schedule which would result in a $6,800 process fee and a $2,600 annual fee for operation would be adopted. Discussion was held regarding the amount of the fee, especially the $6,800. Council- member Engstrom stated he felt it would be better to charge a larger fee or a fine to the people who are causing the problem. . City Council Minutes September 16, 1985 Page Three 6B. Request For Change in Cable Service Territory The City Administrator indicated that he had spoke with Mr. Jim Daniels, the general manager of Rite Cable Company and stated that Mr. Daniels had requested that the City of Elk River's initial cable service area be amended. The City Administrator indicated that what the amendment consisted of was a swap of Heavenly Hills for Brentwood. The City Administrator stated that he has some concerns regarding this trade and stated that his main concern was that once you delete an area from the initial service area, there is no guarantee it will be let back in unless it meets the density threshold of 40 dwelling units per square mile. It was the Council's concern that Heavenly Hills would have a hard time meeting that density threshold. Mayor Hinkle indicated that he would be in favor of adding Heavenly Hills and not trading. It was the consensus of the City Council to encourage Rite Cable Company to do nothing regarding the trade and further to encourage them to include the Heavenly Hills area in the initial service area. 6C. Minnesota Finance Officers Conference The City Administrator stated that he felt the Minnesota Finance Officers Conference would be a valuable conference for Lori Johnson, the new Finance Officer to be attending. Councilmember Schuldt stated he felt that the City Council has had a policy of not sending newly employed people to conferences and felt that the Council should request a probationary period before newly employed people are allowed to attend any major conferences. Councilmember Williams indicated that the money was already budgeted for the previous City Clerk to attend and felt that the new finance person should be able to attend the conference. COUNCILMEMBER WILLIAMS MOVED TO GRANT PERMISSION TO LORI JOHNSON, THE NEW FINANCE OFFICER FOR THE CITY OF ELK RIVER, TO ATTEND THE MINNESOTA FINANCE OFFICER'S CON- FERENCE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. Councilmember Schuldt disagreed with the motion and stated he felt new employees should not attend conferences until they have had a chance to demonstrate their ability to the city. Councilmember Engst:rom stated that he felt there were many items which were computer related on the agenda and felt it would be a missite not not to send Ms. Johnson to the Seminar. Councilmember Williams stated that he viewed the seminar as a working, schooling type of an atmosphere and felt it would make Ms. Johnson a better employee for the City, and further stated this was his reason for making the motion. Councilmember Engstrom indicated he felt the con- ference came at an opportune time. THE MOTION PASSED 4-1. COUNCILMEMBER SCHULDT VOTING AGAINST THE MOTION. 7. Administrative Subdivision Request by J. Frank and T. Rauch/Public Hearing The City Administrator stated that on October 18, 1984, the applicant, T. Rauch, was granted an administrative subdivision by the City Council and also on July 15, 1985, he was granted another subdivision. The City Administrator further indicated City Council Minutes September 16, 1985 Page Four --, that now the applicant is back requesting a subdivision to create four lots from two existing lots of record. The City Administrator indicated that because of the controversy and discussions held regarding administrative subdivisions during the past few weeks, and also with the Planning Commission's concerns, there are some concerns with the Rauch administrative subdivision request by the City Staff. The City Administrator further stated that the City Staff is recommending that the area be platted instead of going through an administrative subdivision. Mayor Hinkle opened the public hearing. Mr. Greg Frank, part owner of the property, approached the Council and stated that he had bought the land two years ago and tried to sell the land according to what people wanted, and felt that an administrative subdivision gives the people a chance to set down and discuss with the seller what type of land they want as opposed to platting the land. Mr. Frank stated that the platting process was very expensive. He further stated that the subdivision they were requesting does not need any streets and further indicated to the City Council that he guarantees they will not come in with another subdivision request. Park dedication fees were discussed and it was stated that 10% of the raw land value would be charged for park dedication fee. Dennis Chuba from the audience questioned Mr. Frank whethertIhere would be any re- strictive covenants on the style of home. Mr. Frank stated there would be no covenants. Councilmember Gunkel stated that she had voted against the request previously because she felt the subdivision was abusing the intent of the ordinance and further in- dicated that she would have to vote against this request also. Dennis Chuba further stated that he would like to see the whole piece platted at the same time and further stated that on the other hand, the City Fathers make it difficult for developers to develop land because of the costs involved in the platting process. Mayor Hinkle closed the publ ic hearing. COUNCILMEMBER GUNKEL MOVED TO DENY THE REQUEST FOR THE ADMINISTRATIVE SUBDIVISION BY J. FRANK AND T. 'RAUCH. COUNCILMEMBER =SCHULD'l' SECONDED THE MOTION. Councilmember Williams stated thax this subdivision would not involve any private roads and stated that he felt a park dedication fee should be paid on Parcel A and Parcel C. THE MOTION FAILED 1-3. COUNCILMEMBER SCHULDT, WILLIAMS, AND ENGSTROM VOTING AGAINST THE MOTION. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST FROM T. RAUCH AND J. FRANK WITH THE STIPULATION THAT PARK DEDICATION FEE "'IN THE AMOUNT OF TEN PERCENT (10%) OETHE RAW LAND VALUEB:S- PAYABLE TO THE- CITY FOR PARCELS A AND C". COUNCILMEMBER ENGSTROM SECONDEDTHE MOJ'Ji)N.;T THE MOTION PASSED 3-l. COUNCILMEMBER GUNKEL VOTED AGAINST THE MOTION" .. _u --, City Council Minutes September 16, 1985 Page Five 8. Check Register Councilmember Schuldt questioned the check payable to Larkin and Hoffman, fee charged for the Wingard vs. Elk River case, and also a check to Northern Asphalt for Sealcoating Streets. It was the consensus. of the City Council that the City AdministratO~V would get back to them with an explanation on the two checks. COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE CHECK REGISTER WITH THE STIPULATION THAT CHECK 1144430, FEE TO LARKIN, HOFFMAN FOR $180.00 IN WINGARD VS. ELK RIVER, AND CHECK 1144441 PAYABLE TO NORTHERN ASPHALT FOR $9,360 FOR SEALCOATING STREETS BE CHECKED INTO BY THE CITY ADMINISTRATOR. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. It was the consensus of the City Council that the title for Lori Johnson shalF be "Finance .Di rector" . There being no further business, COUNCILMEMBER WILLIAMS MOVED TO ADJOURN THE MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. The Elk River City Council adjourned at 9:15 p.m. Respectfully submitted, f1 /) ~~ /' Sandra Thackeray Administrative Secretary ST : sm