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05-21-1979 CC MIN ---, REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER LIBRARY May 21, 1979 Members Present: Mayor Madsen, Councilmembers Toth, Engstrom, Duitsman and otto. Members Absent: None. 1. Meeting called to order at 7:30 p.m. by Mayor Madsen. 3. Minutes In Item 9 1/3 of the May 7, 1979, City Council minutes, Councilman Engstrom was added as the seconder of the first motion in this item. COUNCILMAN TOTH MOVED APPROVAL OF THE MAY 7 , 19791 CITY COUNCIL MINUTES AS AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED ~. 4. Open Mike. No one appeared. 5. Bruno Lenz Rezoning Request The City Administrator explained to the City Council that the Planning Commission in granting a conditional use for Mr. Lenz at tb~ir last regularly scheduled meeting exceeded their authority and scope of powers. The Administrator indicated that the type of conditional use granted by the Planning Oommission was not allowed under the existing ordinance governing 1-2 zoning districts. The Administrator also indicated that the action was not legal in that a conditional use. was not .advertised prior to the granting of said conditional use. The Administrator indicated further that the Council could only consider the rezoning request originally made by Mr. Lenz and denied by the Planning Commission. Mr. Shappell, representing Mr. Bruno Lenz, addressed the City Council and indicated that he was one of the individuals planning on buying a lot from Mr. Lenz to build a home. Mr. Shappell indicated that two parcels did not have direct access to a public road nor was it intended to have such access. Mayor Madsen indicated that this type of lot split was not permitted by the interim zoning ordinance adopted. by the City Council in 1978. COUNCILMAN OTTO MOVED,TO REFER THE ITEM BACK. 'fO THE PLANNING~..,FORRECON SIDERATION OF THE ORIGINAL REZONING ~UEST IN LIGHT OF THE PLANNING COMMISSION'S INABILITY TO GRANT A LEGAL CONDITIONAL USE PERMIT. COUNCILMAN ENGSTROM SECONDED THE MOTION.. MOTION PASSED 3-1. .COUNCILMAN DUITSMAN OPPOSED. 5 1/2. Anfinson and Hendrickson Presentation to Elk River City Council. Frank Kramer and Joe Kmetz appeared before the City Council representing the auditing firm of Anfinson and Hendrickson. Mr. Kramer indicated to the City Council that because of their past association with the City through the auditing firm of Olsen,&: Thielen, the:! would like the City's auditing business to be conducted in the future by the firm of Anfinson and Hendrickson for whom they now work. Both Mr. Kramer and Mr. Kmetz indicated that the entire audit file developed by Olsen &: Thielen could be made available to Anfinson &: Hendrickson because of the part- nership agreement and that possible cost savings from a streamlined audit procedure and other administrative practices not followed by Olsen &: Thielen could be realized in the City's auditing bt1;siness in the future. It was the concensus of the City Council to ,allow the auditing firm of Anfinson &: Hendrickson to make a formal presentation along with the present auditing firm of Olsen &: Thielen. 6. City's Insurance Policies for 1979-1900. The City's insurance broker, Mr. Dan Green, of the First National Insurance Agency, was present to eJl'.Plain the negotiations and prices received for the City's insurance package for 1979-1900. Mr. Green indicated that for the type of insurance required by the City, the only viable bidder at this time was the City's prese.nt carrier, The Home Insurance Company!, Mr. Green indicated that the premium renewals had been recei ved with the exception of one policy for public official liability and that said premiums were within reason. Mr. Green distributed a breakdown of the costs of the various policies and explained the reason for various increases and decreases in premium. No formal Council action was taken at this time on the item. . 6 1/2. Pinewood Final Plat - Tom Noon Developer. The Pinewood subdivision developer, Mr. Tom Noon, was present and eXPlained. to the City Council corrections made from the preliminary nlat on the ,.. drainage of the proposed subdivision and indicated that there was a possibifij;,y.i the future of adding em additional 90 acres ror more homes and another 9 holes of golf. Mr. Noon responded to questions regarding this'Olat from the City Council. COUNCILMAN ENGSTROMII)VEl) TO APPROVE ' 'lB,,"~NEWooD FINAL PLAT SUBJECT TO FINAt APPROVAL OF THE DRAINAGE BY Tim CIIT ENGINEER AND PosTING OF AN APPROPRIATE, BOND FOR IMPROVEMENTs NItCESSARY. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PISSED 4-0. 7. Councilman Duitsman explained to the members of the City Council that the anticipated cost to adequately serve the Zimmerman ',arf)a, was prohibitive in lieu of revenues to be generated by that area and that" it was unf';ai;-to charge those residents a higher rate than Elk River residents were being, charged. Councilman Duitsman also indicated that the utilities wished to 'conside!" , . trading the Zimmerman Electrical system for that area presently served by Anoka Electric Cooperative west of the old City limits and south of the Elk River. It was the Council concensus to alter Resolution 79-6 to reflect this 'trade. COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 79-6 AS AMENDED R'l!1JuESTING 'l'HE ANOKA' ErECTRIC COOPERATIVE TO CONSIDER'THE PURCHASE of 'l'HE . ZIMMERMAN ELECTRICAL DISTRIBUTION SYSTEM AND THE' TRADE-OF THAT SYSTEM FOR'l'HE AREA NOW SERVED BY ANOKA ELECTRIC COOPERATIVE SOUTH'OF THE ELK RIVER IN THE VICINITY OF THE NEW SHERBURNE COUNTY COURTHOUSE. COUNCII..M.A1N TOTH .'. SECONDED 'THE MoTIoN;' MOTION PASSED' 4-0. ---, May 21, 1979 Page two B. Resolution 79- and 79-10 Re ardi Coo erative Purchasin A eements with the State of ~nnesota for the purc ase of radar andvanoUsC()mmodit:tes. COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 79-9 AND. 79-10 PERMITTING THE CITY ADMINISTRATOR TO ENTER INTo A COOPERATIVE PuRcHAsING AGREEMENT WITH THE STATE OF MINNESOTA FOR THE FURCHAsE OF A POLICE RADAR UNIT AND VARIOUs COMMODITIES. COUNOILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 9. Resolution 79-8 Regarding a Letter of Oredit for the Liquor Store. OOUNOILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 79-8 REGARDING THE ISSUANOE OF A LETTER OF OREDIT FOR M ELK R:rvER MUNIOIPAL U~OR ~ToRE TO PURCHASE FROM THE BELL BOY CORP. OOUNOILMAN OTTO SECONDltD THE MOTION. MOTION PASSED 4-0. - 10. .Library Board Appointment OOUNOILMAN TOTH MOVED THAT THE ITEM BE TABLED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE OITY COUNCIL. OOUNOILMAN oTTo SECONDED THE MOTION. MOTION PASSED 4-0. 11. 1979 Sea1coat Program The Oity Administrator explained the memorandum to the Oity Council concerning sea1coating and the request to bond for sea1coating in 1979. The Administrator indicated that several unbudgeted expenses had been incurred by the Oounci1 and that unless provisions were made now to supplement general f'und revenues such as the bonding recommended for sea1coating that cutbacks or alterations in the existing budget would have to be made. The Oounci1 indicated they wanted further information on the street system and the need for sea1coating as it now exists. Oounci1 also expressed a desire to have the Administrator review the budget to determine where additional dollars might be saved or realized for the sea1coating project. No formal action was taken at this time on the item by the City Oounci1. 12. Tentative Agenda for June 4, 1979, City Oounci1 Meeting. The following items are tentatively . scheduled to be considered by the Oity Council: 1. Labor agreement with the Police Department, 2. Schoo1view Addition Open Meeting regarding sewers, 3. Public hearing for HUn grant, 4. Review program to sign streets in and around school areas, 5. Oonsider health insurance for 1979-1980, 13. Check Register A check'to Adams Pest Oontro1 for the Liquor Store was questioned by the Oity Oounci1 and removed from the check register. The Administrator also indicated that the rug service contract would be cut back as much as carpeting had been added to Oity Hall recently. COUNOILMAN OTTO MOVED APPROVAL OF THE CHECK REGISTER AS AMENDED. OOUNC~"m~~ ~~ ~ M.Ul'ION. MOTION PASSED 4-0.