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12-04-1978 CC MIN o RFGlJIJtF{ SEI,II-f~1C)T\TT}II~Y I<1~TIrTG- OF TH"E CITY COlTI\lCIIJ CiF EI-Il\ RI\TER HELD IN THE COTJNCIL CH1J1BERS OF THE CITY OFFICE BLDG. Decemt>er h~ 197(:) Members Present: Mayor Madsen, Co~~cilmembers Toth, Engstrom. Otto and Duitsman Members Absent: None 1. Heeting l"ms called to order at 7: 30 P .IvI. by Hayor Hadsen. 2. !l r::enr1 a ""0 . \...t One item was added to the agenda for the December L~l 1978 meeting. that being Item #13, consideration of snow plowing. COL~CILYJU~ OTTO HOVED TO APPRO\TE THE AGENDA HITH THE ADDITION OF ITEH #13. COUNCIUIAN ENGSTROH SECONDED THE NOTION. HOTION PASSED ~,-O. -j.. Hinutes COUNCIUIAN DUITSHAN MOVED TO APPROvG THE NOVEHBER 20, 1978 CITY COUNCIL IvIEETING. THE HOTION. HOT10N P.1l5SED h-0. HIlmTES OF THE COUNCIUIAN OTTO S}~CONDED ~. Open IvIike a. Open Hike Reports - SeVIer Hook-up Ordinance Mayor Madsen explained the memorand~~ from the City Administrator to the Council concerning the sewer hook-up ordinance. The memo recommended that the Council readopt the Ordinances previously adopted in 1977, and that they be published and filed in the City Ordinance book. It via:) also recommended that the City refund the amounts charged to the Masonic Lodge, Gary Santwire and Neil Larson's building. in excess of the old sewer hook-up charge. COUNCILHAN DUITSHAN HO\TED TO REFUND THE AliJOUNTS PAID FOR HOOK-UP CHARGES IN EXCESS OF THE OLD Sm'ffiR HOOK-UP FEE. COu'NCILlVIAN OTTO SECONL'ED THE NOTION. NOTION PASSED 1+-0. COUNCIU1.AN DUITSl'1AN 'MOVSD TO ADOPT ORDINANCE 78-13 ESTABLISHING CHARGES FOR USERS OF THE CITY OF ELK RIVER'S vTASTEHATER FACILITIES, AND ORDINANCE 78-11+ REGULATING Th"E USE OF PUBI"IC SE'vffiPuS FOR THE CITY OF ELK RIVER. COU}JCILVlliN OTTO SECO~vED THE MOTION. MOTION PASSED 4-0. b. Dick Dorsey appeared at the Open Mike portion of the meeting requesting that his application for Sunday On-Sale Liquor License be considered. The CHy AdmirQ,:trator explained that the Ordinance, #18-10, must be passed and published before Sunday On-Sale Licenses can be issued. The consensus of the Council vJas to adopt the Ordinance and consider approval of Sunday On-Sale licenses at a :mbsec:uent meeting. ('l'.L vl u~r c. Steven Bjorkland appeared at the Open Mike portion of the meeting to inquire about progress on the petition for a road improvement in the Peterson Addition. The City Aclminic3trator explained th8,t he had received the Engineer'S feasabilitv reDort on the Peterson Addition on lc;;nday. December Li~ }978': In revievTing the document, the .Administrator explained that there appeared to be some questions unanswered by the report and it seemed most rea:=onable to PO:3tpone consideration, of this report, by the City Council until the December J8th, 1978 meeting. It Ka, the consensus of the City Council to postpOI1S formal consideration of the feasabilit~T report until the Decemb'~r 18th, 1978 meet.ing of t.he City Council. /', ! j , ' 5. Utility Commission Appointments Mayor Hadsen explained that the City Council hael received a memorandum from Utility Commissioner Lawrence Elliott e}~ressing his wish to not be reappointed to his position as Utility Commissioner upon the,expiration of' hi~.:; term on December , 1978. ['layor Hadsen indicated further that he felt that Councilman Dui.tsman 'e^JOul.: be a good candidate for r'lr. EllIDott's Uti.lity Commission p03lGlon. COUI1CIL~UirJ ENGSTROM MO\~D TO APPOINT MR. HANK DUI'l'SHAN TO A THREE YEAR TEPJ'~ AS A COHrlISSIONER FOR THE ELK Rl'ilER ~rrrriICIPAL UTILITY, COf~iliNCING ON JAl~uARY 1, 1979 M{D E1~ING ON DECEHBER 31 1981. COUNCIUIA]'1 OTTO SECOl'WED THE I~OTION. )\!IOTION PASSED L,-O. 6. Librarv Board ADPointments rJ .L J-. ... Councilman Engstrom suggested Mrs. Florence Delle;:) for a candidate for the Library Board. and e}~lained her qualifications. COUNCILf~~J ENGSTROIl NOVED TO APPOTNT NILS. FLORENCE DET ,1);'3 TO SERv3 ON THB LIBR.ll.RY BOARD FOR A THllt'<;:E YEAR TEPJ~ BEGINNING JANUARY 1. 197t;i AIW ENlJING DECENBER 31, 1981. COUNCTLfJIAN OTTo' SECONDED THE HOTTON. HOT10N PASSED 4-0. 7. Burco Builder~3 Variance Request The City I\.dministra.tor 8):.plainecl that the interim orclinance specifiecl that variances from the providonE3 of the interim ordinance must be brought before the City Council~ '\'Jho must in turn refer the request to the Elk Hi ver Planning Commission for a report. COUNCIUIAN ENGSTROH HOVED TO REFER THE l'1URCO BUILDERS RF~lJEST FOR A TOT SIZE VARIANCE TO m.IE ELK RlVEE PIJ\NNING COHHISSION FOR THEIR REC OI,jIHENDAT ION , AS HEQUIRED BY THE INTERTN OHDINANEE. COmJCILHAN DUITSHAN SECONDED THE HOTION. MOTION PASSED 4-0. 8. Ordinance Amending Zoning Ordinances Regarclinp:: Day-care Policies The City Administrator briefly explained that ordinances 78-11 and 78-12 were prepared at the City Council request to amend the Sherburne County Zoning Ordinance and the City of Elk Eiver Zoning Ordinance to permit day-care facilities T:rlth up to eleven children and the homeO'i'mert~s under schoolaQ'e children. COUNCIUL-~.N DUITSTIIAN r10VED APPROVAl, OF ORDINANCES 78-11 AND 78-12 Am~NI:ING T1-E~ SHERBUIi.NE C01JNtrY' ZONING ORDINANCE JlJlTD THE CITY OF ELK RIVER ZONING ORDINANCE, AND PERHITTING DAY-CARE FACILITIES \JITH lJP TO ELE'i.i'EN CHILDREN AND THE HmmmJNER' SUNDER SCHOOI, AGED CHILDREN. COUNCIUIAN OTTO SECONDED TIlE MOTION. HOTION PASSED 4-0. 9. Ordinance 78-J.0 He: Issuance of Sunday On-Sale Liquor Licenses COUNCIUIAN DUITSIllAN HOVED TO ADOPT Or-illINANC11; 78-10 REGAHDING THE TIISSUANC"R OF SUNDAY OJ'T-SAL:~ LIQUOR I,IClt;NSES. C01JNCTLHAN OTTO SECONDED THE IllOTION. HOTION PASSED .3-1. COUNCIU1AN ENGSTROJv1 OPPOSED. ) o page 2; L'ec. 1978 l{J. Meeting Place of City Cuuncil -,> ~ Hc;';lor Haclsen indicated that tV!O places i^}ere in consideration by the City Council for future meeting;; i those being the Elk River Public Library Conmr,mity Room and the Elk River Fire Station. Fire Chief Lloyd Barthel "eras pref;ent at the meeting to e~:pref)s his concern over City Council meetings being conducted at the Fire Station. Chief Barthel vJaS con- cerned about safety in particuliar, and the possible hazard and confusion tbat ,muld be caused by ,having parked cars in and around the fire station, should a fire call occur during a City Council meeting. Chief Barthel al:;o indicated that the firefighters utilized the meeting room after a fire call and ,'Taulei not be able to do :30 should the City Council be meeting there, and, that a fire call i'JOuld more than likely d.isrupt any Council meeting being conducted. COU!~CIU'1AN DUITSHAN HO\lED THAT THE CITY COUl'JCIIJ FIEET IN THE ELK RnTER PUBLIC LIBPJ\.RY COlvjNUlJITY EOOH UlIJTIL FUTT.iRJ!; NOTICE , BEGIJIJI'JING HITH THE J ANUAEY 8, 1979 Hf1;ETING OF THE ELK RIVER CIrrI eotmcn-. COUNCILIV1Al'J ENGSTROfJI SECONDED THE NOTION. IvIOTION PASSED 1.;.-0. It was agreed by members of the City Council to conduct a special meeting on Saturday, December 16, at 9:00 A.H. in the Elk River City Hall for the purpose of receiv"ing a preliminary engineering report from the firm of CH2M-Hill. 11. Check Register An error was noticed in the check register. There vJere two checks issued for the same amount to the same firm, and there should have only been one. The City Administrator indicated that this error had been noticed and corrected. It Vias also requested by the Council that the City Administrator find out hm.; many dog:::; are actually picked up by Blain Hihmy, and how many license:::; are sold. COLJNCILIvIJ\J\f OTTO HOVED APPEOVAL OF THE CHECK Rt:;GISTEE. COmqeILv~N TOTH SECOIIDED THE MOTION. MOTION PASSED 4-0. 12. Tentative Agenda for December 19, 1978 Meeting The fol10vJing items are to bE' considered at the December 18, 1978 City Council meeting: The consideration of an additional Library BODrd appointment, the fcasability report done in the Petercon Addition, ~he sewer rate discussion, and the item concerning Sunday Liquor Licenses. 13. SnO\\' Plouing ~.. Councilmembers brought up several areas within the city of which had been missed or required additional 3nO\': ploVJing. Administrator noted the areas inkquestion and informed the members that they vIould be taken care of on the next day. Zlk River The City Council COLJNCIU'IPJ.r OTTO r,iOVED TO ADJOUmJ THE ){SETING. COUl'JCIUllcN TOTH SECONDED TtIE .. I'JIOTI01>J. r'-'lOTIOI\J P J~SSED L~-c). Respectfully Submitted, ~~L~ Robert C. rliddaugh City Administrator