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04-16-1979 CC MIN REGULAR SOO-MONTHLY MEEn'ING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER LIBRARY April 16, 1979 Members Present: Mayor Madsen, Councilmembers Duitsman, otto, and Engstrom. Councilmember Toth arrived during item #11. . Members Absent: None. 1. Meeting called to order at 7:30 P.M. by Mayor Madsen. 2. Minutes COUNCILMEMBER DUITSMAN MOVED APPROVAL OF THE MINUTES OF APRIL 2, 1979. COUNC:ft.MEMBER OTTO ~ECONDED THE MOTION. MOTION PASSED 3-0. 3. A~enda Councilman Duitsman asked that rent of liquor store #1, gopher bounties and a discussion of the Police Union arbitration award be added to the agenda as items number 16, 17 and 18 respectively. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-0. 4. Open Mike Mr. Reg Powell, representing the Elk River Ford automobile dealership, addressed the City Council regarding the issuance of industrial revenue bonds to finance an expansion of the Elk River Ford dealership. Mr. Powell indicated that the proposed dealership would be built across trunk Highway 10 from the present dealership'S location, on approximately 10 acres of property. Mr. Powell indicated .further that approximately one million dollars would be necessary in industrial revenue bonds to finance the 'project. COUNCILMAN OTTO MOVED TO GRANT CONCEPT .APPROVAL TO MR. POWELL AND ELK RIVER FORD FOR THE CoNsmCTION OF ANEW FORD DEAIERSHIP W~TH THE ASSISTANCE OF INDUSTRIAL REVENUE BoNDS ISSUED BY THE CITY OF l!J.Ld\.lU.Vl!Jlt. CuUNUJ.LMN JJUJ.'J.-bfliAN t)l!JUUNullilJ ~r~ l"lVrlUN. l".!Ul'lUN P.A:5i:5W ~. ;. On-Sale Beer License for Elk River Softball Association John Dietz and Reg Powell were present at the meeting to represent the Elk River Softball Association. Mayor Madsen asked Mr. Dietz and Mr. Powell about litter in and around the softball diamonds after use by the members of the Softball Association. Mr. Powell indicated that the Softball Association had engaged a private concessionaire for this year's softball season, and that this individual should help control the litter situation on the softball fields. Mr. Powell also indicated that additional garbage recepticles in the park area would help alleviate the problem. COUNCILMAN OTTO MOVED TO APPROVE THE' ON-SAIE LIQUOR LICENSE FOR THE ELK RIVER ~O:FTBAI.L ASSOCIATION,SUBJECli TO APPROVAL BY THE.CHuar OF POLICE. COUNCILMAN OOITSMAN SECONDED THE MOTION. . MOTION PASSED 3-0. 6. Downtown Revelopment Study Mr. Ken Parker, Executive Director of the Elk River Chamber of Commerce, .:i was present at the meeting to address the members of the City Council on the subject of Council sUpPOrt and partieipation for a proposed downtown redevelopment study. Mr. Parker indicated that the Elk River Chamber of Commerce and the Elk River Retailers Association had met regarding a downtown study and had agreed to proceed with the completion of such a study. Mr. Parker indicated that the study would determine where the downtqwn area should develop and in what mariner. Mr. Parker was present at the meeting to request the City Council supPOrt and participation in the downtown redevelopment study. Mr. Parker indicated that the Retailers Association and the Chamber of COmm$rce had appointed a steering committee composed of the following members to . select a planning consultant to undertake a downtown redevelopment study: Robert otto,Wally Fox, .Geo:rge Dietz, Keith Holme, . John Oliver, Daft'hd.erson, EmilleNadeau, Lloyd-Anderson, Doug Johnson. It was . the cencellsus of the members of the City Council to sUpPOrt the Chamber of Commerce and Retailers study and to participate to the fullest extent possible, without contributing funds to the study. 7. Former Liquor Store Manager Request for Compensatory Time Payment Ernie Thielke was present' at the Council meeting to request -members of the City Council to pay compensatory time.. accumulated while liquor store manager from holidays earned and not taken. Mr. . Thielke showed members of the Council a letter from the previous . clerK, -lIr.' Charles Savela, which indicated that he felt Mr. Thielke was entitled . to this time. COUNCILMAN OTTO MOVED TO HAVE THE ADMINISTRATOR CHECK PREVIOUS REcORDS TO DETERMINE IF OTHER DEPARTMENT HEADS uPON SEPARATION HAD RECEIVED COMPENSATORY TIME OF THIS NATURE. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED2..Q. COUNCILMAN DUITSMAN ABSTAINED. 8. . The City .Administrator explained Resolution 79-4 regarding the installation of -traffic signals at Highway 10 and Main Street 'andHighway '169 and Main Street to the members of the City Council. The Administrator explained that he had spoken to J4r. Darrell Durgin .regar.dingthe .installation of a traffic signal at Proctor Avenue and Highway 10. Mr. Durgin had indicated that the Proctor signal was scheduled to be completed within the next several years as a Part of the present work program of the Department of Transportation. Councilman otto indicated that the signalization of Proctor Avenue should be a priority item and should have more immediate attention and stronger sUpPOrt in the Resolution. It was' the concensus of the City Council to alter the Resolution to include Proctor Avenue signalization. COUNCILMAN OTTO MOVED APPROVAL OF RESOLUTION 79-4 REGARDING THE INSTALLATION OF. TRAfr"IC SIGNAUi. AT .tiIGHWAY. 10 AND MAIN S't'~6tNHIGHWAY 1btAND MA.IN.S~ iJID.PIOOToR A.~)!;NUlS. JUm ft:tGHWAY 10. C." OILMAN 001 . MAN SECONDED . MOTION. MOTION PASSED 3-0. . April 16, 1979 Page two 1 9. Park Dedication Ordinance The City-Council brief~ reviewed the Park Dedication ordinance as drafted by the City' 5 attorneys. The City Council expressed concern over the absence of a specific percentage. to be used as a gUideline in obtaining park dedications from applicable PrOperties. It was the concensus of the City .Council.to alter the ordinance before the Council that evening to reflect a ten per cent park dedication of either land . or cash equivalent of the raw land. Lloyd Anderson, a ~ocaldeveloper, . expressed his concern over the ten per cent park dedication and indicated that he felt this was an unreasonab~high percentage for a developer to dedicate to the City of Elk River. Councilmembers indicated that they felt this was a logical means to obtain and build park areas-in the City of Elk River, and that the ten per cent. requirement was not unduly high. COUNCILMAN ENGSTROM MOVED APPROVAL OF ORDINANCE 79-5 ~UIRING.A PARK DEDICATION TO THE CITY OF ELK RIVER. . COuNCILMAN.DUITSMAN SECONDED THE MartoN. MoTI~ PAS~ 3-0. COUNCILMAN DUITSMAN MOVED TO ESTABLISH A CITY POLICY THAT DEVElOPERS BE AtroWED TO PRORATE THE PAYMENT OF THE PARK DEDICATION l'~ OVER A P1!iRIOD OF TIME DURING mOO THE LAND IS EITHER DEvELoPED OR SOLD. THE EXACT METHOD OF THIS PAYMENT IS TO BE DE'moo:NED BY THE CITY . ADMINISTRATOR AND THE CITY ATTORNEY. COUNCILMAN OTTO SECONDED THE Mc9r!ON. MOTION PASSED 3-0. 10. May Company Development on Hi~hway .169 adjacent. to Northbound Liquor Store 11. The.City Administrator indicated that the sett,lement offer of $11,000.00 in the lawsuit regarding Neil Larson and First Guaranty Corporation in the Knollwood area had been renewed by the.defendant's attorneys. The Administrator indicated that it was the opinion of the City's attorney that this offer was as good as the city would receive without further additional legal expense with no guarantee of more settlement dollars received. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE ACCEPTANCE OF THE $11,000.00 ~E'l"rLEMENT IN THE ABOVE MENTIONED LAWStfiT. COUNCILMAN OTTO 5.i5UUNDJ!iD 111i1S M01'J.dN. MtrnoN PAs:::>ED 4-IJ. r 12. Review of Annual Audit It was a concensus of the members of the City Council to have a Finance Committee meeting on Monday, April 23, at 7:30P.M. in Elk River City Hall for the purpose of receiving and reviewing the City's annual audit. 13. Industrial Revenue Bond - Policy and procedures . 14. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE. CHECK REGISTER. C.OUNCILMAN 15NUl)~'b'1CONDEDTHEMO'f:EON.. ...M6TION' PASSED . q,.;o. The City Administrator explained a previous check register'item of $70.00 to Old Peoria Company for a wine school to the members of thet. Citv Council. It was a concensus of the members of.. the Council tlia tfds was an acceptable expenditure and that it be approved. 15 . Tentative Agenda Items to be considered at the May 7, 1979, City Council meeting include I 1. Selier backup problem on 5th Street; 2. Storm drainage on School Street, if possible; 3. Monthly statement of expenditures. 16. Rent of Liquor Store #1 The City Administrator indicated that Barney Gustafson was. no longer interested in renting the Liquor Store #1 space and that the only interested party appeared to be Me1 Boyd of River Valley As.sociates. COUNCILMAN ENGSTROM MOVED TO APPROVE. A 3 YEAR LEASE AGREEMENT WITH MEt BOYD AND RIVER VALT.EY ASSOCIATES AT THE RATE. PREVIOUSLY ESTABLISHED BY THE CITY COUNCIL FOR THE PROPERTY. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION pASSED q,.;o. . 17. GopherBounty . . CQuncilman Duitsman indicated that the Council had not seta new gopher bounty tor 1979 and that he wished to have the bounty' established for this year. Councilman Duitsman indicated that it might be possible to obtain a reimbursement of some of the gopher bounty paid by the city from Sherburne qountY. Mayo~ Madsen indicated that he felt the .15opher bounty statute referred only to counties and townships and FObably excluded cities. COUNCILMAN DUITSMAN MOVED TO ESTABLISHED A "GOPHER =~~. ~~~~ n~\J~~~~ iff ~~Ut~~t~&k~LMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-1. COONCIJ;.MAN ENasTIIDMOPPOSED. . April 16, 1979 Page three lS. Police Arbitration Award The City Administrator explained that clarification on the police arbitration awardihad been SQJ,lght from the arbitrator and in his response 'tiO 'tine c ~y, no 1"ur'tiner clarification was made on the arbitration award. The Administrator indicated that it was the concensus of the attorneys, city staff and other labor professionals in the area that the city :proceed to take further action regarding the arbitration award in District Court. COUNCILMAN. TOTH MOVED TO . COUNCILMAN OTTO MOVED TO ADJOURN THE MEETING. COUNCILMAN TOTH t)J.<.iUUNV.l!LI.I -.lJ:1J.<.i l".!U-.l-l.UN. Meeting Adjourned. Respectfully Submitted, -2SfL.~~ Robert C. Middaugh, - City Administrator RCM:adb