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09-05-1978 CC MIN o o o REGULAR SEMI-HONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE COUNCIL CHANBERS OF THE CITY OFFICE BLDG. September 5, 1978 at 7:30 P.M. Members Present: Mayor Frank l1adsen, Councilmembers Engstrom, Toth, otto and Duitsman 1. Meeting called to order at 7:30 P.H. by Mayor Frank Madsen. 2. Minutes Mayor Madsen asked that the designation for alternate election judges labeled as Independent Republicans be changed to Independent. COUNCIt~AN OTTO MOVED APPROVAL OF THE MINUTES AS CORRECTED. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 3. Consider Agenda The City Administrator asked that payment estimates for city contractors be added to the September 5, 1978 Council Agenda. The Councilmembers agreed to the addition of this item and the estimates were listed as Item 13 1/2. 4. Open Mike A. Clifford Lundberg appeared at the meeting to ask the Council about the possibility of pick up of tree branches connected with the re- moval and disposal of diseased trees,or a possible central disposal sight for these branches. The City Administrator explained to the Council the problem with picking up branches throughout the city; That being the lack of manpower and equipment, and possible problems in monitoring a sight for dispoal of tree branches. The City Admin- instrator indicated to the Council that he would look into the problem and report back at the next meeting. Mr. Lundberg also inquired about the urban Tax District, and asked the Council to consider looking into an equalization of the tax burden in the city for people receiving similar services. The Council indicated to Mr. Lundberg that they would consider this question when the budget is adopted. B. Phillip Casperson appeared at Open Mike and questioned the City Council on the procedures for petitioning for road improvements in areas of the city. Mr. Casperson's request concerned the Peterson property in the western part of the city just north of the Burlington Northern Rail- road tracks. Mayor Madsen explained the petitioning process to Mr. Casperson, and the City Administrator also responded to the question. Mr. Bill Beaushane, of the same approximate area, asked if the road now being built to the north of their subdivision could be required, by the city, to be brought to certain minimum standards. The Mayor indicated that any roads constructed would have to be approved by the City Engineer before they would be accepted by the City. Mr. Greg Petterson, of the same area, indicated that the people were there at this particular meeting of the Council to try and keep the same read situation, as has developed in their area, from occuring in a subdivision to the north. Mr. Petterson also indicated he heard that the Christian Realty Company was on the agenda for this evening. The residents had all of their questions answered by the Council anc the City Administrator, and indicated that they would proceed to de- velop a petition and return to the Council at a later date. /) \.. 5. Greenhead Acres Addition Final Plat 6. State Planning Agency Grant City Planner, Zack Johnson, briefly explained the proposed work program and financing for the State Planning Agency Grant. It was explained that the program, as proposed and approved by the Planning Commission, cost the city a total of $18,700 minus the $10,OOO_.from the~State:PlanniI'),g;Agency. The remaining $8,000 l'lould be composed of a $5,000 cash contribution by the city, and a $3,333 contribution of a staff time and services. COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 78-7 APPROVING THE SUB- MISSION OF A FINAL GRANT APPLICATION AND THE EXPENDITURE OF $3 ,333 OF CITY FUND .IN KIND CONTRIBUTIONS. MOTION SECONDED BY COUNCILMAN OTTO. MOTION PASSED 4-0. COUNCILMAN ENGSTROM MOVED THAT CONCEPT APPROVAL FOR THE EXPENDITURE OF $5 ,000 IN CASH BE GRANTED UNTIL THE, ITEI-1 CAN BE CONSIDERED AS A PART OF THE TOTAL 1979 BUDGET. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. - 7. Zone Change for Dairy Queen Parking Lot Councilman Toth explained the Planning Commission actions and recommenda- tions on the zone change for the Dairy Queen Parking Lot. Councilman Toth explained that the Planning Commission recommended denial of the zone change in light of the proposed use, surrounding uses, and the residents reactions. COUNCILMAN ENGSTROM MOVED THAT THE PLANNING COMMISSION DECISION TO DENY THE ZONE CHANGE FOR THE DAIRY QUEEN PARKING LOT BE UPHELD. MOTION SECONDED BY COUNCIIPAN DUITSMAN. MOTION PASSED4..IJ. 8. Appointment of Election Judges COUNCIU-1AN DUITSMAN MOVED THAT GORDON FREDERICKSON AND JUDY THOMPSON BE APPOINTED AS REGULAR ELECTION JUDGES. COUNCILMAN OTTO SECONDED THE MOTION. ---) MOTION PASSED 4-0. ' ,/ o o Page two COUNCILMAN DUITSr-1AN MOVED THAT GORDON FREDERICKSEN , EVERETT SPECHT, HARRIET SIEGLER AND TOM DUGGAN BE APPOINTED AS CHIEF JUDGES IN '\rJARDS 1 , 2 , 3 AND 4 RESPECTIVELY. COUNCID1AN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 9. Interim Ordinance (Grandfather Clause) COUNCILMAN TOTH MOVED THAT THE GRANDFATHER CLAUSE FOR THE INTERIM ZONING ORDINANCE BE ADOPTED. COUNCIL.MAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 10. On-Sale Liquor License for Eagles and American Legj on Clubs COUNCILMAN OTTO MOVED THAT THE ON-SALE LIQUOR LICENSES FOR THE EAGLES AND AMERICAN LEGION CLUBS BE APPROVED,IF THE APPROPRIATE SIGNATURES AND FEES HAVE BEEN COLIECTED. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 11. Diseased Tree Removal Contract The City Administrator explained the problem to the City Council with the current disease tree removal contract. The Administrator asked the Council for the authority to renegotiate the contract in light of certain assumptions made by the contractor in the original bid process. COUNCIIJ.1AN DUITSMAN MOVED THAT THE CITY ADMINISTRATOR BE GRANTED THE AUTHORITY TO RENEGOTIATE THE PORTION OF A DISEASED TREE REMOVAL CONTRACT AFFECTING TREES ON PRIVATE PROPERTY THAT THE CITY ORDERS THE CONTRACTOR TO REMOVE , WITH AN UPPER LIMIT ON THE NEGOTIATIONS OF THE FIGURE BID BY THE UNSUCCESSFUL BIDDER AT THE TIME OF THE ORIGINAL TREE REMOVAL CONTRACT BID. COUNCIIJ.1AN ENGSTROM SECONDED THE MOTION. MOTION PAsSED 4-0. 12. Budget Calendar The City Administrator explained the timing involved in creating and approv- ing the 1979 City Budget. It was the Council consensus to establish the budget hearing dates for Saturday, September 16, 1978 at 8:00 P.M. at the City Hall, and Monday, September 18, 197e-at 7:30 P.M. in the City Hall. 13. Non-con Items A. St. Andrews. Church non-intoX:icating.liquor ~.license B. Fire Department non-intoxicating liquor license MOTION BY COUNCILMAN OTTO TO APPROVE THE NON-CON Im1S. HOTION SECONDED BY COUNCID1AN roTH. MOTION PASSED 4-0. ut. Payment Estimates COUNCILVJ.N ENGSTROM MOVED APPROVAL OF PAYMENT ESTIMATES TO METRO ENGINEERING IN THE AMOUNT OF $9 719.30, AND TO ACTON CONSTRUCTION IN THE AMOUNT OF $25 ,061. 09 , AND TO A & K CONSTRUCTION INCORPORATED FOR $2,472.13 , MID TO ACTON CONSTRUCTION FOR A CHANGE ORDER FOR MISCELLANEOUS ITEMS FOR $15,521.37, AND TO ACTON CONSTRUCTION FOR A CHANGE ORDER FOR MISCELLANEOUS ITEMS FOR $7 474.00. MOTION SECONDED BY COUNCILMAN DUITSHAN. MOTION PASSED 4-0. 14. Check Register The City Administrator responded to questions on the last Council Meetings .~,' Check Register, explaining the Burlingotn Northern lease and the Royal ' ) Tire payment that were questioned by the City Council. Council consensus was to pay the bills. MOTION BY COUNCILMAN OTTO TO ADJOURN THE MEETING. MOTION SECONDED BY COUNCILMAN TOTH. Meeting adjourned. R€spectfully Submitted, ---7 /' /?r1A~~~~;L, ~(rL, ..--t.'/~~ , /' Robl?rt C. Middaugh City Administrator /--~ )