03-19-1979 CC MIN
REGULAR SEMI-MONTHLY r.1EETING OF THE
CITY COUNCIL OF ELK RIVER
HELD IN THE ELK RIVER LIBRARY
March 19, 1979
Members Present: Mayor Madsen, Councilmembers Toth, Otto, Duitsman and Engstrom.
Member," Absent: None
1. Meeting called to order at 7:30 P.M. by Mayor Madsen.
2. Agenc1 a
Items relating to roads, downtown parking, financial statements and a conditional
use and variance for Mel Boyd were added to the agenda, as numbers 18, 19, 20 and
~~ respectively. COUNCILMAN OTTO MOVED APPROVAL OF THE AGENDA, AS AMENDED.
COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0.
3. Minutes
COUNCILMAN TOTH MOVED APPROVAL OF THE MINUTES OF THE MARCH 5, 1979 CITY COUNCIL
MEETING. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0.
4. Open Mike
At the request of Mr. Norman A. Schamber, who could not be present at the City
Council meeting, the City Administrator read into the open mike portion of the
meeting, two letters from Mr. Schamber to the City of Elk River. The letters
regarded a flooding problem being experienced by a Mr. Edward Schwartz of
1522 W. Main Street. Mr. Schamber, representing Mr. Schwartz, has asked that the
City address this problem and correct the situation as soon as possible.
Lr~'. Conditional Use Permit and Variance for Mel Boyd
The City Administrator explained the conditional use and variance request being
requested by Mr. Boyd for property located at 730 Jackson Street. Mr. Boyd further
explained to the Council and those present, the nature of his business and the
size of his business, including the number of employees he expects to work in his
building, should the concitional use permit be granted. Several residents, from
the area, were present at the public hearing and asked questions regarding what
is permitted under a conditional us,e and what restrictions might be placed on
parking. These concerns were responded to by the City Administrator and Councilman
Toth. The residents present also indicated that several people in the area had not
received a notice for the public hearing. In light of this fact, COUNCILMAN ENGSTROM
MOVED TO CONTINUE THE PUBLIC HEARING ON THIS ITEM ON MONDAY. MARCH 26, 1979 AT
7:30 P.M. IN THE ELK RIVER CITY HALL. COUNCILMAN DUITSMAN SECONDED THE MOTION.
r.10TION PASSED 4-0.
5. Land U$e Planning Grant Contract
The Council reviewed a memorandum from the City Administrator recornrnending that the
contract with Mateffy Engineering be terminated and a new contract entered into with
Zack Johnson for planning services. Councilman Otto expressed some concern over the
recommendation because it appeared to him that the City was moving from a large firm
to a one person consulting firm, while in the past the City had always indicated a
preference for cropping smaller firms and going to larger firms with more expertise
and experience. The City Administrator and Councilman Toth and Mayor Madsen all
explained to Councilmember otto and those present that the capabilities Mr. Johnson
would have should exceed those that were available to the City while Mr. Johnson
was employed by Mateffy Engineering. After some additional discussion, COUNCILMAN
DUITSMAN MOVED TO TERMINATE THE LAND USE PLANNING GRANT CONTRACT WITH r.fATEFFY
ENGINEERING AND TO EMPmVER THE CITY ADMINISTRATOR TO ENTER INTO A CONTRACTUAL
AGH.l!.;j~;MENT WITH MR. ZACK JOHNSON FOR LAND USE PlANNING GRANT SERVICES. COUNCILMAN
TOTH SECONDED THE MOTION. MOTION PASSED 4-0.
6. Industrial Revenue Bond Policies and Criteria
.
The Council briefly reviewed and discussed a memorandum from the City Administrator
pertaining to industrial, commercial and single family housing projects financed by
industrial revenue bonds. After some discussion on this matter, it was the consensus
of the City Council that no further time or effort be expended on the area of single
family housing financed by industrial revenue bonds, as it appeared the program
would be eliminated by the legislature in 1979. However, if the program were not
to be defeated by the legislature, the Council expressed an interest in reviving
this matter and developing criteria at that time. In so far as industrial and
commercial industrial revenue bond issues were concerned, the consensus of the City
Council was to continue efforts in this area. The Council specifically discussed
the role of the financial consultant, fee schedules and bones that might be required,
such that the City will not be liable for consulting fees if an issue were not to be
approved. After some further discussion on these items, COUNCILMAN ENGSTROM MOVED
TO HAVE A RESOLUTION CREATED SETTING FORTH THE PROCEDURES. AND CRITERIA THE CITY
COUNCIL DESIRES IN THE AREA OF INDUSTRIAL AND COMMERCIAL INDUSTRIAL REVENUE BOND
ISSUES. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0.
7. Wild and Scenic River and Flood Plain Management Ordinances
Mayor Madsen briefly explained to the members of the Council the situation which
now existed between Sherburne County and the Department of Natural Re.sources. The
Council expressed some concern over the different requirements being made upon the
County and the City of Elk River. The Council was also concerned about the State
ofhMinndes?t~ fOrcdi~g upon the City LMArequiremTSenMAts such as thAiS. AftRDerANsoCmEe3 .
ot er a dltlonal lscussion, COUNCI N DUI N MOVED TO DOPT 0 IN 79-
RELATING TO ELK RIVER SHORELAND AND WILD AND SCENIC RIVER MANAGEMENT ZONING.
COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 3-1. COUNCILMAN TOTH OPPOSED.
Effective date of the ordinance is to be May 1, 1979.
COUNCILMAN ENGSTROM MOVED TO AMEND THE EXISTING FLOOD PlAIN ORDINANCE TO INCORPORATE
THAT AREA IN ELK RIVER TOWNSHIP PREVIOUSLY EXCLUDED FROM THE FLOOD PlAIN ORDINANCE,
SUCH THAT THE FLOOD PLAIN LINE IS ESTABLISHED AT THE 100 YEAR FLOOD ELEVATION.
COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0.
8. Resolution 79-2 Regarding Funcing for Preliminary Study of Orono Dam
COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 79-2 REGARDING A CONTRACT WITH
THE STATE OF MINNESOTA FOR PRELIMINARY FUNDING FOR STUDY ON THE LAKE ORONO DAM.
COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0.
9. Resolution 79-3 Regarding Wright County Support & Participation in a Federal
Bridge Replacement Program
COUNCILMAN TOTH MOVED APPROVAL OF RESOLUTION 79-3 REQUESTING WRIGHT COUNTY'S SUPPORT
AND PARTICIPATION IN A FEDERAL BRIDGE REPLACEMENT PROGRAM FOR THE OLD HIGHWAy. 101
. BRIDGE OVER THE MISSISSIPPI RIVER. COUNCILMAN ENGSTROM SECONDED THE MOTION.. MOTION
PASSED 4-0.
10. Authorization for Utility Commission to join Regional Power Co-operative
Councilmember Duitsman explained that the utility commission was considering
joining a regional power co-operative"and that they wanted this item discussedbef~~
Harch 19, 1979
Page two
the City Council. Councilman Duitsman indicated that the power co-operative would
be researching the needs for power of all members in the future and implementing
a solution to satisfy those needs. Councilman Duitsman indicated that Council would
have a formal resolution to consider on this item at the April 2, 1979 meeting of the
City Council.
11. Codification of City Ordinances
The City Administrator explained briefly the letter from the City's attorney on the
codification. The Administrator explained that the ordinances were in very poor
shape and that in the estimation of the attorneys, it would cost approximately $7,500
to have them codified and to have new ordinances added where appropriate. COUNCIL~..AN
OTTO MOVED TO APPROVE THE CODIFICATION OF THE CITY'S ORDINANCES , AS PROPOSED BY THE
CITY ATTORNEYS AND TO HAVE THE PROJECT COMPLETED AS SOON AS POSSIBLE. COUNCILMAN
ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0.
12. Traffic Signals at Intersection of Hwy 169 and Main Street and Hwy 10 and Main Street
The City Council briefly discussed the traffic problems at the intersections of
Hv..'Y 169 and Main Street and Hwy 10 and Main Street. It was the consensus of the
Council that a problem does exist in these areas and that a solution should be
sought as soon as possible. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY
ADMINISTRATOR TO PREPARE RESOLUTIONS REQUESTING THE STATE TO INSTALL TRAFFIC SIGNALS
AT IDlY 169 AND MAIN STREET AND IDlY 10 AND MAIN STREET. COUNCILMAN ENGSTROM SECONDED
THE MOTION. MOTION PASSED 4-0.
13.
Rent of Liauor Store #1
"
The City Administrator explained the amount of square footage available to rent in
liquor store #1 and the typical rental rates in the area to the members of the City
Council. After some discussion on the item, COUNCILMAN TOTH MOVED TO ESTABLISH THE
RENT FOR LIQUOR STORE #1 AT $4.00 PER SQUARE FOOT IN THE FIRST YEAR OF A THREE YEAR
LEASE, $5.00 PER SQUARE FOOT IN THE SECOND YEAR AND $6.00 PER SQUARE FOOT IN THE
THIRD YEAR. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0.
14. Police Union Arbitration Award
The City Administrator explained briefly, to the members of the City Council, the
award made regarding the police contract. The Administrator indicated that clarifi-
cation, from the arbitrator, had been sought and indicated that execution of a
contract should be postponed until that clarification is made by the arbitrator.
15. Sale of City Property on Hwy 169
The City Administrator explained that the City had been approached by a party who was
interested in purchasing the City owned property on Hwy 169. The City Council
indicated that they were in no particular hurry to sell this piece of land unless an
offer for the property were tendered at a premium rate.
16. Check Register
Checks to Mateffy Engineering in the amount of $700 and checks for the Old Peoria
wine school in the amount of $70 were excluded from the check register. COUNCILMAN
TOTH MOVED APPROVAL OF THE CHECK REGISTER, AS AMENDED. COUNCILMAN DUITSMAN SECONDED
THE MOTION. MOTION PASSED 4-0.
17. Tentative Agenda for April 2, 1979 City Council Meeting
Items to be considered at this meeting include:
1. Power Co-operative Re:",olution
2. Bingo Ordinance
3. A park dedication ordinance
L.. Open mike report regarding Mr. Edward Schwartz.
5. Bid award for fire apparatus.
'.
J 8. The road problems in City
Councilman Toth asked if a solution to the parking problems at Marty's Auto .
Service on t-1ain Street could be arrived at. The City Administrator indicated that .
the matter would be pur2ued and a solution attempted.
Councilman Duitsman brought up the matter of angle parking on Main Street one block
\vest of current angle parking on Main Street. A question arose as to whether this
type of parking was permitted on state aid roads. The City Administrator was directed
to determine whether or not this was possible and report hack to the City Council.
20. Financial Statements
Councilman Duitsman indicated that the City Council in the past years had expressed
a desire to receive monthly financial statements. The City Administrator indicated
that it vIaS his intention to have these prepared and that the first monthly statement
should be available at the end of April.
COUNCIU1AN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN OTTO SECONDED THE
MOTION. MOTION PASSED 4-0. Meeting adjourned.
Respectfully Submitted,
~c
Robert C. Middaugh
City Administrator
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