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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 ~. RCM: sem .