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
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No tne appeared for this item.
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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.
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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
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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
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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,
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Sandra Thackeray
Administrative Secretary
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