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10-02-1978 CC MIN [) o o REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE COUNCIL CHM~BERS OF THE CITY OFFICE BLDG. October 2, 1978 Members Present: Mayor Madsen, Councilmembers Toth, Duitsman, Engstrom and Otto. 1. Meeting called to order by Mayor Frank Madsen at 7:35 P.M.. 2. Agenda The City Administrator asked that Item # 10, referring to a lease agreement with Elk River Concrete Products for a parking area, be deleted and that consideration of a Resolution supporting the City of Elk River remaining as a part of the 10th Judicial District of the State of Minnesota. Councilman Toth requested that consideration of the liquor store and the Lake Orono dam be added to the agenda, also. COUNCIll'T.AN OTTO MOVED APPROVAL OF THE AGENDA AS MODIFIED. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 3. Consider Minutes . COUNCILMAN TOTH MOVED APPROVAL OF THE MINUTES, AS WRITTEN. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 4. Open Mike A. Open Mike 1. Mr. Daniel Goehringer appeared at the Open Mike portion of the City Council Meeting to thank the Mayor and City Council for their actions in the matter of the flooded cul de sac on 194th Lane in Ridgewood East. Mr. Goehringer asked the Council when the project would be completed. The City Administrator indicated that all that remained in the cuI de sac and that he would follow up on the item to see that it is completed. 2. Mr. Cliff Lundberg appeared at the Open Mike and questioned the Council as to why brances of diseased trees could not be picked up with eYisting crews. Mr. Lundberg's question was in reference to an open mike report of a previous Council Meeting. The City Admisistrator explained that the existing crews and equipment were committed to various i'lOrk programs and to reallocate their time would have to be a Council decision or the City Council would have to increase the amount of time in the Department in order to accomplish the diseased tree branch pick up. The Council indicated to Mr. Lundberg that the matter would be considered for the 1979 Budget but that for 1978 it did not appear possible to implement such a program. 3. Mr. Dick Dorsey of Dick t s Main Tap a.ppeared at Open Mike to request that the City Council plaee on the November ballot the question of \"rhether or not Sunday liquor sales should be permitted in the City of Elk River. The City Administrator explained the mechanics of the process involved; COUNCILMAN DUITSMAN MOVED THAT THE QUESTION OF l'JHETHER OR NOT SUNDAY LIQUOR SAlES SHOULD BE ALLOWED IN THE CITY OF ELK RIVER BE PLACED ON THE NOVEMBER BALLOT. OOUNCIIP..AN OTTO SECONDED THE MOTION. MOTION PASSED 4-'J. 4. Mr. Greg Petterson appeared at the Open Mike to present a petition, for a road improvement in the Peterson Addition, to the City Council. The City Administrator explained that a Resolution declaring the legality of the petition vlOuld have to be prepared for a subsequent Council Meeting. COUNCILMAN TOTH MOVED ACCEPTANCE OF THE PETITION. COUNCIlMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. "~"'\ ) l.':'~:,".b...l' B. Open Mike Reports No Oomment s 5. Zone Change for Sherburne County Court House Building Councilman Toth indicated that the Planning Commission, in it. s con- sideration of this Zone Change, had no problems in particular other than those that might relate to the issuance of a building permit. COUNCILMAN TO TH r.10VED APPROVAL OF ZONE CHANGE FROMA-1 to B-2 FOR THE PROPERTY PURCHASED BY SHERBURNE COUNTY FOR THE CONSTRUCTION OF A NEW COURT HOUSE FACILITY. COUNCIW.AN DUITSrtlAN SECONDED THE MOTION. MOTION PASSED 4-0. 6. Zone Change for Leon & Ellen LeFebvre The City Administrator and Councilman Toth made a short presentation on behalf of the petitioners, explaining the request for the Zone Change and the location of the property in question. COUNCIIMAN TOTH MOVED APPROVAL OF THE ZONE CHANGE FROM B-1 TO 1-2 FOR THE PROPERTY PURCHASED BY LEON & ELLEN LEFEBVRE LOCATED IN SECTION 11 OF THE CITY 1-JEST OF THE BURLINGTON NORTHERN RAILROAD TRACKS AND NORTH OF 171' ,AVENUE. COUNCIU1AN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 7. Final Plat of Island View 3rd Addition The City Administrator briefly reviewed the memo sent to the members of the City Council, which outlined concerns regarding the drainage of the streets in the Island View 3rd Addition Final Plat. The City Administrator indicated that it '\'1'ould be most desirable to have Final Plat approval conditioned on approval of the drainage pattern of the Final Plat. Councilman Toth indicated that the Planning Commission had no additional comments to mal{e on the Plat. COLllICIL.l.iAN ENGSTROM MOVED APPROVAL OF THE FINAL PLAT FOR ISLAND VIEI'1 3rd ADDITION, SUBJECT TO APPROVAL OF THE DRAINAGE PATTERN BY THE ENGINEER OR STREET SUPERINTENDENT. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 8. Policy on Non-domestic Animals During the discussion on this item, it was the Council.consensus to enforce the cities nuisance ordinance, as it is currently written in relation to non-domestic animals in or near residential areas and deal vn.th problems or situations as they arose on individual basis. o page 2 9. 1979 Budget Mr. James Dingle, chairman of the Elk Rive"TRecreation Board, "laS present at the meeting to duscuss the Recreation Board 1979 Budget "lith the member:?, of the City Council. The Board's request was revie"led item by item by the members of the City Council, 'truth some questions rei sed concerning funds allocated to the Library for story hour and funds allocated to ~Testling and track for busing. During the dmscussion on the Recreation Board's 1979 Budget, a question arose as to the terms of the current Recreation Board Members. COUNCID1AN OTTO NOIlED THAT THE FOLIOHING MEMBERS BE APPOINTED TO AN 111JEFINATE TERM ON THE ELK RIVER RECREATION BOARD. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. James Dingle Mrs. John M. Bailey Mr$. Tony Mikols Beverly Rude Jan Oullette Sharon Tracy Leslie Anderson Richard Birdsall Lloyd pagotchnik The City Administrator and the Recreation Board Chairman, Jim Dingle, are to meet in the near future to resolve how the Recreation Board Funds will be accounted for and what control the City will exercise over the expenditure of those funds. Revenue Sharing Hearing A formal hearing, as advertised in the local newspaper, on the use of the City of Elk River'S Federal Revenue Sharing Funds, vlaS conducted bJr the City Council. During the Public Hearing, Mr. Cliff Lundberg questioned what the amount of Federal Revenue Sharing Funds actually was to be in 1979 and how it was proposed to be utilized. The City Administrator informed Mr. Lundberg that approximately $32,000 in Federal Revenue Sharing Funds will be received in 1979 and that it is proposed to use those Funds for Police Department Operating Expenses. No other persons appeared at the Public Hearing to speak for or against the proposed use for Revenue Sharing. COUNCILMAN DUITSt-1AN t-iOVED THAT THE 1979 REVENUE SHARING ALLOCATION BE UTILIZED TN A GENERAL FUND FOR POLICE DEPARTMENT OPEP.ATING EXPENSES. COUNCIU-1AN OTTO SECONDED THEMOTION. MOTION PASSED 4-0. 10. Lease Agreement vlith Elk River Concrete Products for Parking Area. Deleted. 11. Check Reg:1 ster COUNCILNAN OTTO HOVED APPROVAL OF THE CHECK REGISTER. COUNCILVJAN ENGSTROH SECONDED THE MOTION. ~10TION PASSED 4-0. 12. Resolution of 10th Judicial District The City Adwinistrator briefly explained the Resolution, which supports the City remaining as part of the 10th Judicial District. Cliff Lundberg, also present at the Meeting, provided additional explaination in details to members of the City Council. COUNCILMAN TOTH t40VED APPROVAL OF RESOLUTION 78-7, SHPPORTING THE CITY OF ELK RIVER FEMAINING WITHIN THE 10th JUDICIAL DISTRICT OF THE STATE OF HINNESOTA. COUNCILMAN DUITSMAN SECONDED THE NOTION. MOTION PASSED 4.-0. - 13. Liquor Store This item was placed on the Agenda in oreer that the profit margin of the liquor store could be discussed by the Councilmembers. Councilman Duitsman indicated that he felt that the liquor store was not generating a sufficient amount of profit. Councilman otto e:x:pressed some uncertaintJ7 as to "That did constitute a good income or profit margin prior to any Council action. It was the consensus of the Councilmembers that the City Administrator gather figures from other comparable Municipal Liquor operations to determine the amount of profits those stores are generating and ho,,! the City of Elk River operation compares. 14. Lake Orono Darn Councilman Toth asked for this item to be placed on the Agenda so that the question of what "lould happen should the City of Elk River not, comply 't,d.th the Department of Natural Resources order to lower the lake, could be discussed. It was the consensus jof all members present that 'itheCity::wO}i1dL.-' -, 1. Be liable for any property damage or loss of life that would result should the dam fail and the City had not complied with the Department of Natural Resources order. \ l '- 2. The Department of Natural Resources could enforce their order through the Judicial System. The consensus of members -of the City Council was to comply with the Department's oreer. MAYOR FRANK r/rADSEN r.10VED THAT A SPECIAL MEETING OF THE CITY COUNCIL TO CONSIDER THE 1979 BUDGET, SCHEDULED FOR 1rI'EDNESDAY, OCTOBER 6f. 1978 AT 6:00 P.M. IN THE ELK RIVER CITY HALL. COUNCILMAN DUITSMAN S,-"CONDED THE r.10TION. MOTION PASSED 4-0. COUNCILYJAN OITO MOVED THAT THE MEETING BE ADJOURI\1ED. MOTION SECONDED BY COUNCILYJAN TOTH. MOTION PASSED 4-0. Meeting Adjourned. Respectfully Submitted, ~c. ~de~-c=tf- Robert C. Middaugh 0' City Administrator _Pj