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11-05-1979 CC MIN REGUIAR SEMI....MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY November 5, 1979 Members Present: Mayor Madsen, Councilmembers Duitsman, Engstrom, Otto and Toth. Members Absent: None. 1. Meeting called to order, at 7:30 p.m. by'Mayor Madsen. 2. Agenda Consideration of street light requests, consideration of the William Connett variance request and consideration of city parking in the downtown area were added as items #lOf, 11t and 11 3/4, respectively. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE NOVEMBER 5, 1979, CITY COUNCIL AGENDA .AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED ~. 3. Minutes COUNCILMAN OTTO MOVED APPROVAL OF THE MINUTES OF THE OCTOBER 15, ~9. CITY COUNCIL MEETING. COONCILMAN TOTH SECONDED THE MOTION. MOTION P. .',. D 4.-Q. 4. Open Mike Mr. Larry Sitts and several residents from the area of Elk River known as Heavenly Hills were present to address the Council regarding problems with their streets and the possible improvements of streets in their area. Mr. Sitts distributed a copy of a letter from the City Administrator to Mr. Rollie Christian regarding roads in the Heavenly Hills area and a copy of a developer's agreement between the City of Elk River and Christian Builders, Inc. regarding the streets in the Heavenly Hills area. Mr. Sitts also submitted a petition signed by' seventeen homeowners out of a possible thirty-two lots in the area requesting that the City Council conduct a feasibility report to determine . the cost of improving the roads in the Heavenly Hills area to an acceptable class 5 street or any' alternative to a bituminous surfaced street. Mr. Sitts indicated, on behalf of many residents present, that he felt that the roads in the Heavenly Hills area were iD;.,ipOor shape and required improvement. Mr. Sitts indicated that the developer of the property, Christian Realty and Builders, was attempting to provide for maintenance both in the S'WIU1ler and winter for the roads through a homeowners association. Mr. Sitts also indi- cated that there existed some confusion amongst homeowners regarding the City's intention for the maintenance and care of the roads in the Heavenly Hills area. Residents were not sure. whether or not the City would be taking over maintenance of the roads, as they had been told by' City staff and developers that the City at one time would maintain the roads and at another time the City would not maintain the roads. The City Administrator explained to the Council 8.Ildthe residents present that at one time he believed that the City Council had intended to accept forma1ntenance purposes the roads in the Hea.venly Hills area once certain requirements of the developer in the area had been fulfilled. The Administrator indicated that in confirming the City's intentions he was informed by' the members of the City Council that in no way would the City accept for maintenance purposes the roads in the Heavenly Hills area, at which time the City Administrator immediately communicated to the developerby' letter the City's intentions regarding roads. Mr. Sitts also requested that the City Council provide snow plowing services for the Heavenly Hills roads since the residents pay property taxes and were entitled to certain services. The City Council consensus was to consider snow plowing on a-contract only basis until such time as the roads are improved to the$pproPriate city standards. The City Administrator indicated that a quote for snow plowing services could be provided in conjunction with the feasibility report if the Council so desired. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE-a COM- PlETION OF A PRELIMINARY msfB:ftJ:TY REPORT ON THE IMPROvEMENT of ,ROm IN '!'HE HEAVENLY HILLS AREA AND TO PROVIDE '!'HE CouNCIL ANn HOMEOwNERS WITH XN ESTIMA'l'E OF SNOW PLOWING COSTS FOR '!'HE 1979-80. WIN'l'ER SEASON. COUNCILMAN TOTH SECONDED '!'HE MOTION. MO'l'ION PAsSED 4--0. . 5. Sanitary Sewer Interceptor The City Council considered the procedure to be utilized and furtherdis- cussions or deliberations,regarding the sanitary sewer interceptor for the north side ,of the old City of Elk River. Mayor Madsen suggested the problem be studied in worksessi()ri~ bya -c'ommitteeof ~heC'ouncil of the whole' in order to further define the area needed to be served 'and to est'ablish what may or may not be done with sewer interceptor. COUNCILMAN DUITSMAN" MOVED TO MEET IN A WORKSHOP SESSION N~ 26, 1979 AT 7136 P.M. ),,"1 m ELK RIVER CITY HA:r.J:. AS A COMMIrl'.I!a!i OF THE WHOIE TO DISCUSS THE mITARY SEWER IN'l'ERCEPTOR AND HOW THE PROBLEM WILL BE ADDRESSED IN THE Nlm" SEVERAL MONTHS. dOONCILMAN TOTH SECONDED THE MOTION. !mION' P~1W 4-IJ.' 6. Subdivision Procedure After a review of the City Administrator's letter regarding the past action taken by the Council on the subdivision procedure; it was the consensus of the City C<>uncil to discuss the matter again at the November 12, 1979tjoint meeting between the Planning Commission and the City Council. No further . action lIias taken on this item at this time. 7. Urban Rural Tax District Benefit Ratio and District Composition Mayor Madsen declared the public hearing to receive comments regarding the urban ,rural tax district benefit ratio and district "composition. There being no persons' at the City Council meeting present to address the City COUl'lcil, Mayo~ Madsen declared the public hearing closed and confined comments to the City Council. Councilman Duitsman stated that in an a.nalysis he, had, done, of costs incurred in servicing both the urban and the rural tax districts, that he felt a ratio of .5, or 2 to 1 would be fair and could be supported by available data. It was the consensus of the City Council to agree with the City Administrator's comments regarding the composition of the ,tax districts and not to make a.ny changes in the districts at this time.COONCILMAN ' DUITSMAN MOVED APPROVAL OF ORDINANCE 79-8 , AN, ORDINANCE AMENDING uR.BA.N .RURAL TAX DISTRICT BENEFIT RATIO AS!STABLISHED BY THE MUNICfPAL EDARD OF . THE STATE OF MINNESOTA ORDER IN THE MAT'l'EROF THE RESOLUTION OF THE TOWN OF ELK RIVER AND ,THE CITY OF Elk RIVER FOR CONSOLIDATION,Dlt!Jl} ~TO~R 31,~ 1""'. ,'CooNC^Ir.- MAN TOTH sECONDED....MOTION. MOTION pIS~ 1;:1." COONC'i.'i':M'AN. EN'Cm'TI.ORO~D. 8. 1980 Budget Councilman Duitsman, as Chairman of the Finance Committee, indicated that the Finance Committee had reviewed the 1980 budget request in, great, detail and over several sessions and, as a result of their review and modification of the budget requests, that not all City needs for 1980 could be met but that .' November 5, 1979 Page 2 the budget as recommended by the Finance Committee would make a good start in beating many of the needs and demanqs of the City of Elk River without raising taxesby' a significant amcnmt. The City Administrator explained to the members of the City Council that the" numbers presented. in resolutions 79-38. atl.c.i 79-39 were somewhat different than those considered by the Finance Committee at their last session as a result of modifications in the salary amounts . ~n . each. depart- ment budget. The Administrator indicated that through an oversight the entire amount .o.is<:ussed for reduction from the budget had to be taken" from all depart- ments and not just general, fund departments and, as such, the amount subtracted from the general fund was less than originally anticipated by the Finance Committee. Councilman Duitsman suggested that $1,000 be deducted from the salary accounts of the general fund to bring the numbers certified in the tax levy and the budget resolution more- in line with those considered by the Finance Committee. The City Administrator indicated that such. an . action by the Council would not achieve the expressed intention of the Council to allocate CJ10 in total to be made available for salary increases in 1980 for all City department. . COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTIONd~38 AMENDED TO $64~50.oo WITH THE ~oo REDUCTION TO BE MADE FROM THE SA . ACCOUNTs OF THE INISTRATION. DEP. POLICE DEPARTMENT . PUBLIC .WORKS DEPARTMENT AND COMMUNM DEVElOPMENT DEP~.. COUNCIL- MAN ToTH ~CoNDEbTHE MOTION. MoTION PAssED 3...1. COUNCIJJ1:AN oTTo OPPOSED. Councilmembers proceeded to discuss the deficit repayment for 1980 and it was a consensus of that discussion to increase the deficit payment to $;;,000.00 from the anticipated $40,000.00 expenditure in the 1980 budget since the increase in the deficit repayment taken in conjunction with the change in the benefit ratio between the urban and rural tax district would not signit;cantly increase the tax burden of the old City of Elk River and since the deficit repayment period could be shortened by' such an action. COUNCn..MAN OTTO K)VED APPROVAL OF RESOLU- TION 7~39 AMENDED TO REFlECT. THE $~OOO.OO DECREA~~ THE GENERA~ P1mD ~ ;I;NbI- CATED .RESOLUTION79-3~. COUNCIL romM'AN SECO .. . THEMOTIO .K)TION PASSED 4-0. . . .. .. " 9. Employee Holidays " CamCILMAN OTTO MOVED TO CONCUR WITH THE CITY ADMINISTRATOR'S RECOMMENDATION OF DEsIGNATING As THE TENTH HOLIDAY FOR Au, NON-UNION CITY EMPLOYEES . THE . DAY AFTER THANKSGIVING IN EACH CAf'ENDAR YEAR. COUNCILMAN DUITSMAN SkCONDED THE MOftON. MOTION PASSED 4-0. 10. Administrator's Update The City Administrator updated the members of the City Council on current activities regarding the Orono Dam and the Avon Acres road improvement. No action .was necessary on the items at this time. 10!. William Connett Variance Request The City Administratot' reviewed the Planning Commission'S recommendation regarding the William Connett variance request and informed the City Council that it was the opinion of the Planning Commission and the City" staff that should .thev~t,"iance be granted by the City Council for Mr. Connett to build a home on a ; acre parcel of land not on a public road, that such an action would effectively destroy the controls imposed by the interim zoning ordinance. Mr. Connett was present at the meeting and expressed to the Council his desire to have the variance granted so that he might build a home on the piece of property he had purchased. COUNCILMAN OTTO MOVED TO DENY THE .VARIANCE ~ST AND TO UPHOLD THE PIANNING COMMISsION RE- COMMENDATION ON THE BAsIS THAT A VARIANCE OF THIS NATURE IN A SPECIFIC SITuATION WOULD IMPAIR OR ALTOGETHER DESTROY THE CONTROLS IMPOSED BY THE INTERIM ZONING ORDINANCE .A~~HEREBY t ELIMINATE THE E1'1'"J!jGTIVENESS OF THE ORDINANcE. COUNC!t- MAN TOTH SECO D THE MOTION. MOTION PASSED 4-0. . .. .. .' 11. Non-Con Items A. nino's Pizza non-intoxicating malt liquor license. COUNCILMANDUI'l'SMAN MOVED APPROVAL OF THE MOTION. COUNCILMAN TOTH SECONDED THE MOTION. .MOTION PASSED 4-0. B. Pay es.timate for NDH, Inc. of $46,96;.83 for Peterson Addition road improve- ment. COUNCn,MAN ENGSTROM MOVED APPROVAL OF THE MOTION. COUNCILMAN DUITSMAN SECONDED 'litE MOTION. mrION PASSED '-0. 11i. Street Light Requests The City Administrator indicated that street light requests have been received from individuals on 191st Street, Simonett Drive and Fresno Street in the City of Elk River. It was the City Council concensusrather than to authorize>"the installatiion of street lights on the basis of one or two people requesting the lights that a petition from the neighborhood be submitted. to the City Council requesting street light installation. At such time the City Council w.oul<i con- sider the recommendation and authorize street lights if appropriate. 11 3/4 City Parking in the downtown area Councilman Duitsman indicated that some problems regarding parking in "the down- town area .had been broug.ht to his attenti.on and asked the .members .oft.he.C.ity .. ... Council if perhaps the parking policy of the downtown should. be altered~ '.. Council- members Otto and Toth indicated that the Jetailer's Association (.)f Elk River had approached the Council and asked that the present policy be adopted and, . as .such., they would be reluctant to change it unless the Retailer's had indicated ther;' desired such a change. The City Administrator was instructed to contact the Retailers' Association to determine if they were in favor of the . change and, if so, what type of change. 12. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN OTTO SECONDED Tl$ MOTION. MOTION PASSED 4-0. 13. Tentative Agenda Items to be discussed at the next City Council meeting included assessment hearings for the Meadowvale Oaks, McChesney Industrial Park, Peterson Addition and Xe~a &. 6th Street improvements were to be considered. . There being no further business, COUNCILMAN OTTO MOVED THE ME$TING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. .. .... Respecttully Submitted, ~c Robert C. Middaugh City Admirdstrator ReM: adb 0-- .