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12-03-1979 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY December 3, 1979 Members Present: Mayor lVladsen, Councilmembers Duitsman, Engstrom, otto and Toth Members Absent: None 1. Meeting called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Item 9~ - agenda publication, Item 10~ - Brentwood Preliminary Plat and Item 10 3/4 sewer rates were added to the agenda. COUNCIL~~N TOTH MOVED APPROVAL OF THE DECEM- BER 3, 1979, CITY COUNCIL AGENDA AS M~ENDED. COUNCILlfuiN DUITS~~N SECONDED THE. MOTION. MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF THE NOVEMBER 19, 1979, CITY COUNCIL MEETING. COUNCIL~~N ENGSTROM SECONUED THE MOTION. MOTION PASSED-4~ 4. Open Mike Wally Fox appeared and asked for a general explanation in the ratio change between the urban and rural taxing districts. Mayor ~'iadsen explained that the increase in the ratio was due to the increase in costs of services to the Township. Councilman Duitsman indicated that 20% of the overall 1979 budget was already being spent in the rural area. Police calls, road maintenance and planning and zoning administra- tion were cited as examples of additional cost to the rural area. 5. Greenhead Acres 3rd Addition Final Plat Mr. Lloyd An.derson appeared requesting approval of his final plat. Mr. Anderson indicated that no changes in the plat had been made from the preliminary plat previously approved by the Council and by the Planning Commission. The City Administrator explained the need for a developer's agreement regarding the plat improvements and the park dedication fee. Mr. Mlderson indicated that a developer's agreement with appropriate security for the City was acceptable. Councilman Toth indicated his concern over the long cuI-dc-sac and one exit out of the area. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE GREENHiZAD ACRES 3RD ADDITION FINAL PLAT UPON THE CONDITION OF THE CITY AND [m. ANDERSON ENTERING INTO A DEVELOPER IS AGllliEMENT Rl!.GARDING STHEET IMPROVElVf..ENTS AND THE REQUIRED PARK DEDICATION. COUNCIL- ~~N ENGSTROM SECONDED THE MOTION. MOTION PASSED 3-1. COUNCILMAN TOTR OPPOSED. 6. star Market Industrial Revenue Bond Request John Lewrnan from the Towle Co. and S. Do Smith viere present to answer any questions regarding the project. The City Administrator indicated that the City was waiting for comments from Springsted and the City attorney regarding the industrial revenue bond project and suggested that the Council ask questions but defer formal action until the December 10, 1979, joint City Council and Planning Commission meeting. Mr. Lewn18n's presentation indicated that the May Company would sign a lease for the entire building ratherth~n a portion of the building as originally planned. Wally Fox indicated that the building was 400 square feet larger than the original variance requested. Mr. Fox further indicated the variance was issued to another owner and, therefore, would have to be reapplied for because of the variance in size and owner. Mayor Madsen indicated that this matter would be considered at the Council meeting on the 10th of December along with .. .~. comments on the project from the City attorney and Springsted. 7. Vacation of Quinn street The City Administrator indicated that the Elk River School District tranS- portation director had been contacted regarding the bus traffic now traveling on Quinn street and that the director indicated there would be no problem rerouting the bus traffic. The new route would take buses south on Proctor, west on 5th Street, then south on Rush to Main Street. Councilman Toth asked if through traffic would still be allowed through the parking lot of the church. Mr. Nystrom indicated that through traffic would be discouraged by signs and barriers but that the entrance would still remain open. Area residents expressed come concern about using the street and also the water problem in the area. Mr. Nystrom indicated that the water problem would be corrected with the con- struction of the parking lot for. the church. The City Administrator again mentioned that traffic should be discouraged through the parking area, as, continued through traffic would pose safety hazards to individuals using the parking lot and adjoining city streets. COUNCILMAN ENGSTROM MOVED TO APPROVE RESOLUTION 79-40, VACATING QUINN STREET BETWEEN 4TH STREET AND MAIN STREET WITH THE STIPULATION THAT ACCESS TO THE PROPOSED PARKING AREA BE OPEN FROM BOTH MAIN STREET AND 4TH STREET. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 8. Heavenly Hills Road Improvement and Snow Plowing Contract The City Administrator indicated that the contract for snow plowing in Heavenly Hills would need to be considered, as well as the decision of whether or not to proceed with the feasibility study for the street improvements. TheCity Administrator indicated that arrangements to ensure payment for services would be necessary, either by funds paid directly to the City in advance or a separate account established in the City's name. Mr. Larry sitts indicated that the Heavenly Hills homeowners would accept the contract for the snow plowing by the City, but indicated he felt there would be no need for sand and salt in the area. He also indicated that arrangements could be made. with the bank or City for the payment. COUNCILMAN OTTO MOVED APPROVAh OF THE SNOW PLOWING CONTRACT AT THE $45.00 PER HOUR RATE IN ACCORDANCE WITH THE CITY ADMINISTRATOR'S REQUIREMENTS FOR PAYMENT. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. .. The Administrator informed the Council that the total preliminary cost for the construction of the streets in the Heavenly Hills area is approximately $143,000.00 Councilman Toth asked how many lots were in the area. The City Administrator indicated that 34 lots were used for the report. Mr. Sitts, representing the homeowners in Heavenly Hills, indicated they could not justify the estimated parcel cost for the 30 foot roadway. Mr. sitts submitted an alternate proposal to the Council of improving and blacktopping the existing 24 foot roadway. Mr. sitts said the area was of rural nature and there was no need for a 30 foot road. Mayor Madsen asked what. the road specifications were. The city Administrator stated the requirements were 30 foot surface including 3 foot shoulders. Mayor Madsen explained to the homeowners that the Council was not forcing the road improvements onto the homeowners. The homeowners indicated their concern about the maintenance costs of the road and wanted the City to pay for main- ..~.: tenance. Mayor Madsen explained the road is not maintained by the City . because it was rlotbuilt to specifications and not blacktopped, and as such was not accepted for maintenance purposes. Mr. Chuck Christian indicated the roads were built to County specifications. Mayor Madsen indicated the December 3, 1979 Page 2 ~ ordinance regarding toad specifications had been 111 effect at least 10 years and that this road was substandard and also that he does not support changing the road requirements. Mr. Lloyd Anderson indicated the subdivision ordinance states the requirements for roadways and the ordinance is for the rural area and is designed as such and to vary the requirements would allow others to ask for the same type road, which is inadequate. Residents of the area asked why the City did not accept the roads. Mayor Madsen again explained the area was divided by metes and bounds and the road was a private road not built to Township specifications. Mr. Chuck Christian indicated a problem with the ditches would develop with a 30 foot roadway. The City Administrator indicated that the ditches were the City's responsibility and the roadway, including the ditches, would be desinged within the requirements of the ordinance. Councilman Engstrom explained to the homeowners present that the initial cost of the homes in the area were less than normal because the roads were not improved. Had the road improvements been done, the assessment costs would have been included in the individual lot cost. COUNCIL- MAN OTTO MOVED TO DENY THE REQUEST OF THE HEAVENLY HILLS HOMEOWNERS PROPOSAL FOR IMPROVEMENTS TO THE EXISTING 24 FOOT ROADWAY. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. . 9. Conditional Use Permit for a Day Care Center Ms. Sandra Picha, Phil Kankle and Bill Taft appeared to request a conditional use permit for a day care center. The proposed plan was reviewed showing an approximate 1,600 square feet addition to the existing structure with approximately 5,300 square feet of fenced playground area, a drop zone for loading and unloading and 5 additional parking spaces to be used by staff or visitors. The proposed facility was designed for up to 40 children maximum with approximately 36 children estimated in attendance at anyone time. 1be center would be operating Monday through Friday, approximately 7:00 a.m. to 6:00 p.m. The day care center would fulfill state re- quirements and codes as it would be licensed by the State of Minnesota. Councilman Toth asked what use other than a day care center could be made of the property in the future. Mr. Kankle indicated that commercial or other similar uses could be made of the property but that another use would again be subject to the conditional use permit process. Mr.Kankle also indicated the property might become residential. Mr. Don Strei from the Social Services Department of Sherburne County stated that there was a need for a day care center in the City. There are not any facilities of this nature in the County. He also indicated this type of facility was not unCOm- mon in residential areas. He said the facility would be governed by the State's rigid standards. He said it was typical for day care opposition to arise but after the center was in operation the initial fears did not materialize. The following residents of the area appeared in opposition of the center: Dennis Green, Molly Blackburn, Kermit and Peggy Bode, Jeannie Goddich, Lola Driessen, Ellie and Joe . Kretsch, DeLoris Collins, Bill Anderson, Linda Hageseth and Betty Harseth. Some .of the concerns of the individual residents were: the traffic congestion, the safety of the children due to the traffic now on Main Street, there was no demand in the particular area for this service, parking, drainage problems and future use of the facility. Holly Blackburn asked why it wasn't considered commercial as it was a money making business. Mr. Kermit Bode submitted a petition against the center signed by several citizens. Jeannie Goddich stated that people in the neighborhood were proud of their homes in the residential area and were against a facility of this nature in their area. Mr. Kermit Bode said he was not opposed to a day care center, he just didn't want it in their neighborhood. Peggy Bode asked if there really was a need due to all the ads in the paper for babysitting by mothers that chose to stay home. Linda Hageseth questioned the State's requirement of one adult to ten children as she felt that this was inadequate for the needs of the children. The City Administrator stated that Main Street was designed to be and is a main street. The Administrator felt with the development in the area cif Highway 169 and Main Street, the street would be an increasingly popular corridor to that area and that the traffic should not be a concern on Main . Street. Mayor Madsen indicated that he did not think the residential area was the proper place for a day care center and that this proposal appeared to disrupt and be inconsistent with the area. Councilman Engstrom complimented the neighborhood on their organization and felt when an area was so overwhelmingly against something, it should not be forced upon them. COUNCILMAN TOTH MOVED TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE CENTER AT 403 }1AIN STREET ON THE BASIS THAT THEPROJECT WOULD ADVERSELY AFFECT THE USE AND ENJOYMENT OF SURROUNDING PROPERTY AND THAT THE PROPOSED ACTIVITIES WILL BE DETRI~mNTAL TO THE AREA THROUGH GENERATION OF EXCESSIVE TRAFFIC. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 9~. Published Agenda Councilman Toth requested the City Administrator to' post the agenda at the library for all interested parties. Mayor Madsen requested the Council receive their pac~ets on Thursday prior to Council meetings to prepare for the meeting. The City Administrator explained he would have to cut off the inflow of information and requests on the Monday prior to Council meetings in order to prepare the information for the Council. 10. Squad Cars ~nd Pickup The City Administrator requested postponement of the purchase of the vehicles until some out of town prices could be obtained. Councilman Toth requested . information on requirements for bid of vehicles. Mayor Madsen indicated he would consult with the City attorney regarding bidding. The purchase of the vehicles was tabled until the December 17th City Council meeting. 10~. Brentwood Plat Mr. Dennis Anderson, the developer, was present to review the preliminary plat for the City Council. General discussion was carried on regarding concerns over a power line in the plat, the names of the streets, the use of the lots on Hwy. 169, feasibility of sewer and water to the area, the average lot size being less than required and the additional need for 33 feet for 20lst Avenue. COUNCILMAN TOTH MOVED THE PLAT BE REFERRED BACK TO THE PLANNING COMMISSION FOR CONSIDERATION OF A LOT SIZE VARIANCE. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 10 3/4. Sewer Rates for 1980 COUNCILMAli OTTO MOVED THAT SEvffiR RATES BE SET AT $1.30 PER 1,000 GALLONS PER QUARTER FOR THE FIRST TWO QUARTERS OF 1980. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 11. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. . December 3, 1979 Page 3 12. Tentative Agenda Items tentatively to be discussed at the December 17, 1979, City Council meeting include the purchase of the Police squad cars and the pickup trucks. There being no further business, COUNCILMAN TOTH MOVED THE MEETING BE ADJOURNED. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. Respectfully Submitted, P~~i!~~ Deputy City Clerk PB:ab