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09-04-1979 CC MIN REGULAR SEMI-MONTHLY MEETING. OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY September 4, 1979 Members Present.: Mayor Madsen, CO'Wlcilmembers Engstrom, Duitsman, otto and 'loth. Members Absent: None. 1. Meeting called .to order at '(:30 p.m. by Mayor Madsen. 2. Agenda Item #6;;, consideration of Hiland Hills final plat, Item #20, consideration of handicapped parking place and Item #21, consideration of Utility's ordinances were added to the September 4 City Council agenda. COUNCILMAN O'M'O MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. . MOTION pASsED 4-0. - 3. Minutes Councilman Duitsman indicated that in Item #10 concerning the Peterson Addition the reference to Diane Miller should be to Diana Mills. COUNCILMAN DUITSMAN MOVED APPROVAL OF 'l'HEMINUTES OF THE AUGUST 20, 197. 9iJ: Cln COUN... CIL. MEETING.. AS CORRECTED.COONCn.MANOTTO SECONDED THE MOTION. MO ON PASSED J;O. 4. Open Mike A. Jerry McChesney appeared before the City Council and asked if any in:t'ormation had been developed regarding charges for boat launching at the Lake Orono public landing. The City Administrator informed Mr. McChesney that no information had been developed to date but would be for the next City Council meeting. B. Mr. Dale Borgqui.st appeared and a:~ed if his question regarding the drainage situation on his property had been resolved. The City's Building Inspector indicated he would review the situation and report back to Mr. Borgqu1st. 5. Senger Conditional Use Permit Mayor Madsen asked if any individuals were present who wished to speak regarding the Senger conditional use permit. Mr. Tom Patterson addressed the City Council and indicated that he was a neighbor of the Sengers and wished to have signs warning motorists of playing children erected in the area. The City Administrator indicated that the establishment of such signs would set a precedent of placing signs where a problem currentq does not exist and may not be necessary. Councilman Duitsman indicated that it would seem to be wiser to wait to put up signsuni;il after a problem has developed rather than before a problem has developed....~L- MAN OTTO MOVED TO GRANT HARRY AND CINDY SENGER A TWO YEAR CONDITIONAL USE PliRIT TO SELL swIMMIfld POOL ~pptm;3 QUT OF THEIR GARAGE IOQA'flill A,tt 13101 i82ND ~VE. N.W. COUNC'ILmN~ !ECO~OTIOr:- MaTrON P~ r;:o. 6. Car-Son Homes Conditional Use Permit Mr. Dick Carson was present to address the City Council regarding his requested conditional use permit to place a modular home in &-1 zone for commercial purposes. Mr. Carson requested that the City CO'Wlcil consider a two year use of the modular home for commercial purposes with the structure reverting to a single famiq resi- dence at the end of that time. The City Administrator indicated that several variances would be required for which legal notice had not been given nor public public hearings held. Councilman Duitsman suggested that the matter be referred back to the Planning Commission for consideration of the additional variances and for consideration of the new concept being presented by Mr. Carson. COUNCILMAN DUITSMAN MOVED TO REFER THE ITEM. BACK TO THE PLANNING COMMISSION FOR CONSIDERATION O~ THE NEW INFORMATION AND. THE NEW CONCEPT PRE- SENTED BY MR. . CARSON. COUNCILMAN OTTO SECONDED THE MOTIOl-J. .MO'J,'ION ...PASSED ~. ~. BrIand Hills Final Plat The Hyland Hills develc;>per, Mr. Jim Lund, appeared before the City Council to ask for reconsideration of the final plat approved by the City Council at the' August 20, 1979, City Council meeting. Mr. Lund indicated that he had made further contacts with the two property owners who would be affected by 'athrou.gh road from the Hyland Hil1-s Subdivision to the Knol1woodSuWvision. Mr. Lund indicated that the property owners at this time were receptive to the trade of a lot in the Hyland Hills,Subdivision or the cash equivalent for right-Of-way and 'easeJ!lentpurI50sesto link the two subdivisions. Mr. Lund indicated <to . the City Council that his revised plat included the 'additi:on 'of several l~sSG that it was possible for him to trade lots to the property owners and still have approximately the same number of lots as approved by the Elk River City Council at their last regular City Council meeting. The City Council indicated that the concept was acceptable and that with the appropriate, legal documentation they would approve the overall plan and concept. COUNCIlMANTOTH MOVED TO . GRANT CONCEPT APPROvAL FOR' THE ADDITIONAL LOTS .IN THE HYLAND HItre SU1IDJ.~lSION.WITH A TRADE FOR CASH OR f.oli'S -roTHER6BrNSbNSAND'J:'JS'E~~ WHO 'WOULD'BE.'Al'~$15 BY A THRDUGHROAD 'FROM THEKNOLIWOOD -SUBDIVISION 1'O'~HILIS8mwlvx:;~. WITH THE UNDERSTANDING THAT THE APPROPRIATE LEGAL DOCUMEN'1'S WOULD BE. PREP~ AND p~EjN'l'iD TO THE CITY COUNCIL. COUNCILMAN ENGSTROM smQNDEDTHE 'MO'fieN. MOTION PASSED 4-b. ..., . 7. School Street Drainage. Improvement The City's Building Inspector, Mr. Herb Adolphson, explained to the City Council that there appeared to be reasonab~' options for solving the drainage problem in the vicinity of Central Lutheran Church and Lincoln Elementary School. Mr. Adolphson, explained that in'the area of. Lincoln Elementary School a series of lowered ditches and culverts should correct the problem with minimal expense to the City of Elk River. At the Central Lutheran Church site" Mr. Adolphson indicated that it would be necessary to install atleaseone'culverti.a 'manhole and catch basin and either underground pipe. or an open ditch to drain the area. Cost.C)f the entire project is estimated to be $9,000.00, which includes the cost of City labor on the project. Councilman Toth asked the City Engineer, 1:,yle-.Sw~sGa: ~ if. the project were a stop gap measure, and the City Engineer indicated that it was temporary and that the ultimate best solution was, to reb~ld School Street and install a comprehensive storm sewer system in the area. Councilman otto questioned the staff about the safety ot. children in the area with an open ditch. Mr. Swanson, the City Engineer, indicated that the ditch would be approximately three feet deep and should not pose that great of a hazard. It was the concensus of the City Council to direct the City staff to pursue obtaining the necessary easements, 'refining costs and 'to determine whether or not the 1:ndependent School District:fllf'-8 . 'Would be willing .toparti- cipate in the costs of the improvement program. S. Xenia Street Improvement The City Engineer, Mr. Lyle Swanson, reviewed three assessment methods for . the Council and the residents present. Mr. Swanson indicated that the project . could be assessed on the basis of a per parcel cost, on a straight front footage cost and on a straight front footage cost basis with special consideration for lots having more than one side fronting the road improvement. Mr. Mike Fleming, September 4, 1979 Page 2 a resident of the area, indicated that the assessment would be bUrdensome for the benefit he would receive on any of the assessment methods. . Mr. Harry Kreuser, also a resident, indicated that he definitely .wanted the blacktopped road installed and preferred assessment method #2, with a front footage cost and special treatment for lots having more than one side fronting the project. Mr. Jerry McChesney, a resident in the area, indicated he wished to have assessment method #1, that of a straight front footage basis utilized for the project. Ms. Tippy Johnson'..indicated she was opposed to the project on the basis, of the amount of the assessment to be levied against her property. Both Councilman Duitsman and Councilman Engstrom expreseed the opinion that the straight front footage assessment method would be unfair to several of the property owners in the area. Councilman Otto.indicateci he felt the project must be completed regardless.of how the assessment was handled. ~~I~~~~VEgo:C= =~Q:Eb6~~~~0~ ~~~~F~ COUNCILMAN OTTO MOVED APPROVAL OF RESOLUTION 79-3li, AWARDING THE CONSTRUCTION BID FOR THE. XENIA STREET ROAD IMPROVEMENT PROJECT TO NDH. mc. OF ANOKA IN THE AMOUNT OF $13,060.00.. COUNC.ILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED J.v-O. 9. Preliminary Sewer Study for Schoolview Addition The City Engineer, Iqle Swanson, passed out the preliminary sewer study for the Schoolview Addition and surrounding areas to the members of the City Council. It was the concensus of the City Council that the item be discu$ed at the next regular City Council meeting. 10. Hobbit Hills Final Plat In reviewing the plat, Councilman Toth asked-if Pascal Street, i.J1lmediately adja- cent to the plat on the east, would be completed in the near future. The City Administrator indicated that the developer, John Coleman, would be petitioJti.ng to have Pascal Street improved by the City of Elk River, and as such, the matter will be before the City Council in the near future. Mr. Coleman indicated that it was his intention to have the road paid for by himself, Mr. Charles Christian and Mr. Robert Fritz and not to have abutting farm properties assessed for the cost of the road. COUNCILMAN TOTH MOVED APPROVAL OF THE HOBBIT. HILLS FINAL PLAT SUB- JECT TO THE PAYMENT OF THE APPROPRIATE PARK DEDICATIONFEJ.;X. UOONCII.MANOOITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 11. William Connett Variance Request It was the unanimous concensus of the City Council to continue this item to the next agenda so that Mr. Connett and his attorney would be able to appear before the Elk River City Council. 12. C. S. McCrossan Conditional Use Permit The City Administrator explained to the City Council the actions of the Planning Commission and the process involved in the mineral extraction and conditional use licenses and permits to date. The Administrator indicated that the Planning Commission apparently had been confused in considering the conditiOnal use permit and did not fully understand the license issued by the City Council. The. fact that a mineral extraction license had been issued did not guarantee that a con- ditional use permit, which is also required, would be issued to C.S.McCrossan, Inc. If new information had been developed during the conditional use process, the City Council had the right to recind the license and not grant a conditional use permit. Ms. Sally Johnson indicated she was present at the Planning Commission meeting and that her understanding at that meeting was that the conditional use had been previously approved by the City Council and she was relieved to hear that it had, in fact, not been approved. Ms. 'Johnson also<waSc . concerned about other pz:oblems at the proposed mineral extraction site, which tbeCity .... \ Administrator explained the new mineral extract-ion ordinance corrected. Ms. JOl'mson asked the C.S. McCrossan representative if an asphalt plant would be forthcoming and was informed by the C.S. McCrosBan attorney, Mr.. 'rom Rooney, that they had. no such plans at this time. COUNCILMAN ENGSTROM MOVED . APPROVAL OF THE CONDITIONAL USE PERMIT FOR C.S. MCCROSSAN. INC. TO OPERATE A MINERAL EXTRACTION OPERATION AT THE SITE INDICATED ON .Tjii MINERAL EXTRACTION LICEN~E. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 13. Olmsted Addition Final Plat Mr. John Oliver, representing the developer, presented the plat to. the members of the City Council and- answered questions' trom' th., Council meMbers. Thlf City Administrator indicated that there were no problems. with the pb1tsofar as . City staff was concerned as of this point. - . COUNCIlMAN' DUITSMAN-MOVEI)-ro GRANT FINAL APPROVAL- TO THE' OLMSTElJ ADDITION FINAL PLAT SUBJECT:. 'rO' THE PAYMENT- OF THE Af'f'KUPRIATE PARK DEDICATION l"~.' . COUNCILMAN- OTTO SECONDED-. THE' MOT-ION'.~ MOTION PASSED 4-0. 14. Evergreen Terrace Preliminary Plat Dennis Hallquist, representing the developer, Mr. Ben Roper, apPeared. betQre the City Council to present the preliminary plat. .The City Administrator indicated that a lot size variance would be required for the plat as shown and the Planning Commission should address this prior to the approval of the final plat.. COUNCIL- MAN OTTO MOVED APPROVAL OF THE PRELIMINARY PLAT. COUNCILMAN' ENGSTROM' SECONDED THE MOTION. . MoTION PASSED 3-1. COUNCILMAN TOTH OPPOSED. . 15. Sunrise Park Preliminary Plat and Variance Request The plat developer,Mr. Jerry Minor, was present to review for the City Council his variance request and preliminary plat. Mayor Madsen aSked it the soil beneath the proposed roadway was. suitable to build upon and Mr.. Minor informed the mayor that some peat was. below the roadway purposed and would have to be excavated prior ~o completion. Mr. Minor asked about the. park dedication tee and was informed by the- City Administrator that- al~cash dedic.a.tion .would be required tor the plat and it could be- paid with the- sale of the- -lot-sin his preliminary plat. The City Administrator i!)dicated to the City Council that the preliminary plat was acceptable to City-staft and recommend-ed approval ot the variance.. COUNCILMAN DUITSMAN MOVED APPROVAL OF A roT SIZE VARIANCE FOR THE PRELIMINARY PLAT PROPosED BY JERRY MINOR. . COUNCIlMAN. ENGSTROM stcoNDED.1J.rE MOTION. MOTION pASsED 4-0.. COONC!LMAN DUI'l'SMAN MOVED APPROVAL OF THE .~SE PARK PRELIMINARY PLAT WITH THE STIPULATION THAT A CONDJ:'IfIONAL USE BE ~iRl!J.L} FOR EACH roT IN THE PLAT PRIOR TO BUILDING WITHOUT THE, REQUIREMENT OF 1 PUBLIC HEARING. CouNCIlMAN TOTH SECONDED THE MOTION. . M<5trIONPASSED4-0. ..... 16. Non-Con Items COUNCILMAN DUITSMAN .MOVED APPROVAL OF THE NON...cON ITEMS AS FOLroWS:. , A. ~~:iJ.~~~U~~ f:~'l'=,~cJ()Hro~~ X~ ~ffOPu.:ENHER B. CONPI'l'IONAL USE PERMIT TO OPERATE. A BEAUTY SHOP IN HER. HOME FOR DtANE m:m!STIXN IT 10989 181ST AVENUE N.W. . AND ... .- c. ~I~:r:~ ONE-DAY BEER LICENSE FOR SRPTF.MBER 15. 1979, WITH THE COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED ~. . September 4t 1979 Page 3 17. 1900 Budget The City Administrator asked the City Council for any input they might have on new programs or program changes for the 1900 budget. Additional~, the City Administrator asked the City Council to establish dates for budget hearings for the 1980 budget.. It was the concensus of the City Council that budget hearings be held on the following schedule: Monday, September 24, 7:30 p.m. in the Elk River City Hall; Thursday, September 27, 7: 30 p. m. in the Elk River City Hall; and Monday, October 1, 7:30 p.m. in the Elk River Public Library, if necessary. The Administrator also informed the City Council that Springsted, Inc. had recom- mend~d that the Council adopt a formal resolution recognizing the general fund deficit and specifying a method of repayment. The City Administrator presented Resolution 79-31, outlining two possible methods for budget deficit repayment. It was the unanimous concensus of the City Council that Resolution 79-31 be amended to reflect o~ a general property tax levy of a ce:r1sain specified amount against the City of Elk RiveI' and that method #2 be eliminated. COUNC:rlJ<<AN ENGSTROM MOVED APPROVAL OF RESOLUTION 79-31. AS AMENDED. COUNCILMAN OTTO SECONDED THE MOTION. MOTION P~~ 4--0. 18. Check Register COUNCILMAN TOTH MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4--0. 19. Tentative Agenda Items tentatively to be discussed by the City Council include William Connett Variance Request, Preliminary Sewer Study for Schoolview Addition, 1979 Improve- ment Bond sale, preliminary plat of Davis Woods Subdivision. 20. Handicapped Parking Space The City Administrator informed the Council that there was some diffiCulty with the parking space designated on the south side of Main Street. The Administrator suggested that the second handicapPed parking space be designated on the north side of Main Street on the left side of the entrance to the municipal parking lot. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE ~ICAPPED SPACES AS RECOMMENDED. t;OUNCILMAN ENGSTROM SECONDED THE MOTION. MOTiON PASSED 4--0. 21. Utility Ordinances Councilman Duitsman raised the question of who should be responsible for adopting ordinances regulating utility extensions and utility hookups and, specifical~, water hookups. The City Administrator informed the Council that it was probab~ within the jurisdiction of the Elk River Utilities Commission to adopt:. these regu- lations as they saw fit. The Administrator indicated that he would check with the City Attorney and report back to the City Council to be sure. COUNCILMAN ENGSTROM MOVED THE MEETING BE ADJOURNED. COUNCILMAN OTTO SECONDED THE MOTION. ~fON plSSED 4--0. Respecttul~ Submitted, <S7c Robert C. Mid augh City Administrator RCM:adb