Loading...
06-18-1979 CC MIN ---, . REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER - . HELD IN THE ELK RIVER"PUBLIC 'LIBRARY 'June 18, 1979" . Members Present: Mayor Madsen, Councilmembers otto, Engstrom, Toth and Duitsman Members Absent: None 1. Meeting called to order at 7:30 p.m. .by Mayor Madsen. 2. Agenda Consideration of automobile purchase was added as item #22. Consideration of Elk River Country Club Liquor License and consideration of a non-intoxicating malt liquor license for the Crossroads Cafe were added as items .17d and 17e, respectively~COUNCILMAN OTTO MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-6. ... , 3. Minutes COUNCILMAN TOTH MOVED APPROVAL OF THE' MI1ItJTE5 OF THE JUNE 4, 1979, CITY COONCIL MEETING. . COUNCILMAN DUITSMAN SECONDED. THE MOTION. MOTION PASSED 4-0. 4A. Open Mike Mr. Mark C. Palmer, 20263 Meadowvale Road, appeared before ~he City Council regarding a speeding and careless driving problem on Meadowvale Road,in the vicinity of his home. Mr. Palmer indicated- thatv.arious c~~mb~s;ai'ld'f..be. Chief of Police were aware of the problem and that nothing had been done to solve the problem as of this date. Mr. Palmer wished to know 1fhen and if something would be don~ to remedy the situation. The Mayor indicated th8.t the City Adminis- trator would look into the problem and solve it, if possible. Residents from the Peterson Addition were present. to ask wh!!ther progress had been made on the improvements for the Peterson Addition. The Mayor indicated that a time table for the completion of the project will be available at the next City Council meeting. 4B. Open Mike Report The City Administrator explained the problems associated with erecting a barrier at the end of 8th Street to slow motorcycle or snowmobile traffic traveling in the area. Councilman Toth asked that a letter be drafted to Mr. Peden, who had . originally requested that a barrier be erected at the end of 8th Street, to determine the neighborhood's reaction to problems posed by city staff and1\fhaT;S. the neighbor's wish to do in the area. ' 5. John Plaisted Industrial Revenue Bonds Mr. Jarboe, of the Dorsey Law Firm, was present on behalf of Mr. Plaisted to answer questions regarding the adoption of the final resolutions regarding the issue on the Industrial Revenue Bonds to finance the construction of Mr. Plaisted's industrial building. COYNCILMAN ENGSTROM MOVED APPROVAL OF RESOLUTION7<J-12 REGARDING THE COUNCIL' SFINAL APPROVAL FOR ISSUANCE OF $320,000' WORTH OF INDUSTRIAL r REVENUE roNDS '1'0 FINANCE THE. CONSTRUCTION OF AN INDUSTRIAL BUILDING FOR JOHN PLAISTED. SUBJECT TO THE REVUE AND APPROVAL BY SPRINGSTAD INCORPORATED AND THE CITY' S ATTORNEY. COUNCILMAN DUITSMAN SECONDED' THE MOTION. MOTION PASSED ~. . 6. city Auditor Gary Groen and Bob Davis, representing Olsen. Thielen &: Co.. presented a formal auditing proposal to the members of the Council for the' City'sfUture auditing business. Mr. Groen and Mr. Davis indicated their desit"e<t~continue with the City's auditing business in the same fashion as they have in the ' past. The City Administrator also distributed to the members of the City Council a formal proposal from the auditing firm of Anfinson and Hendrickson. The Council concensus. was to take the proposals under advisement ..and to make the determination regarding the City's auditor at a future meeting. SantWire Pro ect in I sland View 7. . . 0_"1 . The City Administrator reviewed the Planning Commission's action in this matter and indicated that the Planning Commission had voted to deny the n~e~$S~ry . conditional use and variances for Mr. Santwire based upon several reasons, such. as increased lake .. traffic, ,lack of .pri vacy and increased. rQad. t~ffic in the- area. The Administratorindic.ated .to.theCounciltbat,aftera.staff review. it had been determined that each of the reasons sited in the Planning Commission minutes were somewhat qu.estiona'ble, and. as a result. in the opin10ILOf.the- City planner and the City staff. the project was desireable and should be approved. Mr. Zack Johnson, the City' splanner, indicated speci!ie~l].y that t.l1ere. we~. no planning objections, and that. tmLsitea.ppeared-:aj.~t'~able for... "s~ewer purposes.' The City Administrator recommended that the City 90uncil grant approval of the conditional use and variances required for the project and then, as condition of the conditional use permit, that an architectural and site review and approval be imposed by the Council upon the project. Mr. Gary Santwi3re, the developer of the proposed project, addressed the Council and indicated that the two adjacent land Olmers were no longer opposed, to the. project now that they understood Mr. SantWiret s intentions and use of the land. Mr~ Santwire indicated further that there was a need for townhome projects such flst-his in the City, and reviewed the workings and operation of the proposedsewEilr SY-stem for. the area. Mr. Santwil'e indicated that maintenance of the sewer system, as well as the grotmds of t.he building, would be the responsibility of a townhom., owners ~ssociation. Several residents in the area addressed the Council regarding the proposed project and indicated they felt that it was not in the character Of. the area to have townhomes located on the lake shore. Mr. Joe Berglove' indicated thS.t . he was opposed to an increase of traffic on t.he streets, and'anincrease of lake traffic. The Council informed Mr. Berglove that as a public lake, lake traffic was not a valid planning concern in this instance, and that street traffic ~ not increase at all in comparison to the traffic that. might' be generat.ed from a single family development. Mr. Tom Hartman, representing the Lake Orono Home Owners Association, indicated that., in general, the association was opposed to thec~nstruction .of townhouses on the lake shore area. Mr. .Vern ,Drexl.er'.,acldressed .t11e ,Council. and indicated :iU.sopposition to the project. . Mr. Dan Anderson questioned the City Council as. to what constituted a public lake., The City Administra.tor indicated that any body of water such as one the size of Lake Orono,. with. a. public access, was a public. body of water, and, further, it was proposed to {end. PUblic. tax . dollars maintaining.the.1akelevelinthe future. CoUncilmen ot.to and Toth . asked residents present what concerns they ,might bave .it.tne.are. were to be . developed into seven single family lots with the same traffic and lake problems. There was no response to the Councilmen's questions from the residents present. ---, Mintites June lS, 1979 Page 2 Mr. Peter Kimball addressed the City Council and indicated that he did not live in the lake area, but that his home was adjacent to a multi-fardly dwelling, recently constructed, and. that originally he had similar fears as did the lake residents which never materialized. Mayor Madsen closed the public hearing and confined comments to the City Council. COUNCILMAN OTTO MOVED APPROVAL OF A CONDITIONAL t.JSE AND VARIANCES AS ~UIRED ON MR. JWJllfIU.fS APPU. CATION TO THE CITY OF ELK :RIVER wr.rH THE CONDITION'fii'ITAN ARCHI~ DID !l'l'E REviEW BE CONDUCTED AND APPROVED JOINTLY BY THE PLANNING. COMMISSION AND THE' CITY ..COONCIL. , COUNCILMAN' TO'l'H SECONDED THE' MOTION. MOTION PASSED 3-2."R MADSEN AND COUNCILMAN ENGSTRoM OPPOSED. S. City Engineer Mayor Madsen indicated that he wished to add a second engineering firm to the City's consulting work force because of some problems and. concerns with the company of McCombs and Knutson. 'l'tle Mayorirtdicated. that such 'an a.dditj~ would provide the City with two firms knowledgeable about the engineering of the City of Elk River, and would serve to keep both firms more responsive. Councilman Otto indicated his opposition to such a change, indicating that he opposed change for changessske, and that he did not see the necessity for addi;rig an additional engineer. Councilman Duitsman indicated that he shared the Mayor's concerns and that specifically, public presentations by McCombs & Knutson Engineering were somewhat poor and could be improved upon. After some addional discussion between the Councilmembers, COUNCILMAN DUITSMAN MOVED TO RETAIN '!'HE ENGINEERING FIRM OF CONSULTING ENGINEERS DIVERSIFW AS AN ADDITIONAL CITY ENG~.I!a5R. ComfCIlMAN ENGSTROM SECONDED THE MOTION. MOTION pASsED 3-2. COUNCILMEMBERS TO'l'H AND OTTO OPPOSED. 9. McChesney Industrial Park Improvements Hearing The 'City .Oouncil'reViewed a memorandum' from 'OonsultingErigineers Diversified whiehiridicated the estimated costs of improvement for McChesney Industrial Park. The City Administrator indicated that he had a recent conversation With Mrs. Schaefer, who was an adjacent landowner affected by the proposed improvements. The Administrator indicated that Mrs. Schaefer was not opposed to the project so long as her assessment was reasonable and would be postponed or deferred so as not to be a financial burden to Mrs. Schaefer so long as she lived in her home. There were no individuals present at the public hearing to speak against the project. 'Mr. McChesney was present and spoke for the proposed improvements. COUNCILMAN TOTH MOVED TO HAVE A FEASIBILITY REPORT AND PLANS AND SPECIFICATIONS COMPL&~rlillJ FOR THE PROPOOED IMPROVEMENTS BY THE FIRM OF CONSULTING ENG~.lillSHb DIvkH6IFllillJ WITH '!'HE INTENTION OF DEFERRING MRS. SCHAl!;l'"i!3t~.ASSESSMENTFOR .A PERIOD. NOT TO ifteJ:llW TEN YEARS OR UNTIL SUCH TIME AS '!'HE PROPERTY IS SOLD OR UNTIL MRS. ::>CHAJ!al'J.!iR DECIDES TO HOOK UP TO THE SEWER OR WA1'15!t AVAILABLE. COUNC:o:.MEN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4--0. 10. Use of Landfill by Hennepin County, "Mr. Dave 'Winter cir-tneRennepinCouritjPublic Service Departmept was present to address the City Council regarding the possible 'use of 'the'Sli&rbUrne COunty Landfill located in Elk River by Hennepin COunty. Mr. Winter indicated that Hennepin County had been looking for a landfill site for rn81'lY' months recently and that, in 50 doing, they were contacted by Mr. Lawrence Kreger and by Mr. Ernie Toth regarding the purchase of their landfill located in the City of Elk River. Mr. Winter indicated that several Hennepin County Commissioners had talked to some of the Sherburne r county Cormnissioners and they were told it would be necessary to go through the entire process of obtaining a permit from the . County. Upon meeting With Sherburne County staff, the. Hennepin. County represefltati ves . were info~ed , that the City ,of Elk River was now involved in the process inasmuch S:s the . townshipandtheeity had recently consolidated. Mr. Winterindicated>that, .. ' the Hennepin County officials regretted the apPearance of a , story ;r'egarding t,he w?e,.9f.Lthe ,~~iH by ,~,~~epin COUnty in thenewspaperpri'Or to~ eontfictWi tl1 the c;ty . of EJ..k ~ !~~ ~'M.a:r<?r ,M.ad~~_ ~c;!~!(L~h~1! 1!~!,y!~Y is vehem~nt~ ,oppos~Q..to 8.-117, u~e _of ',1:-l,1!, SJ:1erburne ,q~;Y,' ,~i.-!11?1 J~!l1ll.!~n county because such, 8.-,u~! would" f.'illup the exi~ing, lan.dfi:P. .an.d ,J:"~e the Gc:nmtyto establish, a,nothe:r: ,landfill in. a n.mch sl,1orte;r' period o~ ~i.-m.e. Councilman Duitsman supportedt.l1e .Mayor as.H did C~c;ilms.n.Engstr<?m.. It was the concensus of the City Council that should Hennepin County pursue the matter any further, that the City of Elk River's response would be negative. 11. Mineral Extraction Ordinance The City Administrator briefly reViewed changes made in the Mineral Extraction Ordinance since the Council considered the matter last. Changes made. in the Ordinance included a requirement of certain slope dimensions during construction and at certain key points in the operation and a change in thehand1ii1gof water bodies on sites to be utilized for gravel or mineral extraction.. purposes. In reviewing the proposed fee structure, the City Administrator indicated that a charge per acre was more easily administered than a charge per amoimt of gravel extracted on a tonagepasis. The Administrator indicated that a fee structure suc1) as, t.l;lf).t "ut~li:-zed, in ,Maple, Grove would seem to beequi.table inasmuch as Mapl~ G~ove ,. Qperatedun4~r fl. simil~ ordinance, and . ~s 4<?n~, ~Q_~<?1; ,fl.period of yea~s. M~~~, ~ l'J;'~\1ss.e;-,~ ~est~<?n~4 , t.1)eO;t.7. O~<?~J.. . :r:~g~~~~ .1;oads and how they would function under the ordinance. The Administrator_i.-n.4;cated . that the designation of haul roads was thep~erogative of the City Council ~~~~';=: ~e~~'6fult.~i~r~fitr~T!<m ... , OF MINERAL EXTRACTION AND OTHER RELATED 'ACTIVITIFA"1lIm ' AN ..'ADUAL 'Ylil!i OF $750 PER LICENSE. COUNCILMAN OTTO SEdOOED '!'HE MOTION. MOTION'PA5SED' 4-0. , 12. MississiPf'i River Bridge Replacement The City Administrator indicated that Wright County had been successful in placing their half of the old Highway 101 bridge over. the, Mississippi River on the state aid system. 'The Administrator indicated, that' at the >next City ,council meeting the Council would have a resolution to' designatetheC.ity' S half of the bridg~ ,an<:itheapp~a~ha~...~of ,theC~~f~s~~~~~,ai.-ci~~y syste~., The City AdIllinistrator also briefly revtewed> a :proposal for selecting consultants for studfanddesign-. C?f a replacem~nt Bt.:rtUctlij-e. ri>r ,the'M.lssissippi River bridge!"" The~dmi~strator proposed ,that,~he ,WJ;'ight.Q~y",~n.gi.Aeer, Larry .Koenigta~theCityAdministrator review qualified . consultant S. in terms of work performed and fees charges, and that a. recommendation tor. .selection of a consultant be made to Wright County Cormnissioners and to 'the 'ltikRiver City Council. COUNCILMAN ENGSTROM MOVED APPROVAL OF '!'HE cm ADMINISTRA'1'OlV$, PROPOSED APPROACH FOR SELECTION OF THE CONSuLT"~ COONCILMA.H TOTH SECONDED'" THE MOTION. MOTION PASSED 4--0. G6~.,~-tS1lU.~~~:th&;~;Atdmi~t.r if Sttlle 'M:d i\mds c.,Uld::..-.sed>to 'Nnd-PrA'~~ ~ettg.i",eer~lti..~-~t' federal and state grants were not, received' for tlie<,rejeOt;,.,'fhe' AdJtd.nistrator indicated he would research the matter and report back to the City Council. . ----, Minutes June 18, 1979 Page 3 13. Interim Zoning Ordinance COUNCILMAN. OTTO MOVED APPROVAL OF ORDINANCE 79-12 REGARDING INTERIM ZONING R.EGULATIONS AND ~UIREMENTS. COUNCILMAN DUITSMAN SECONDED THE MOTION. .MOTION P~SED.. 4-0. ~ .> - 14. Purchase of Cash Registers for Northbound Liquor Store The Liquor Store manager, Dave Dahlberg, indicated that the' present machines utilized by t.he NQrthbound Liquor Store are rather old, oft~n in needo:f repair, and do not perform ,the neQessary. ~cti()ns to all~w proper management and control of the Liquor Store. Mr. Dahlberg indicated tha!- several machines had1?een tested and that of those tested, a cash register manufactured by Sharp Corporation in the amount of $1100 per machine performed the necessa.t"'1 functions and activities to allow proper control of the liquor store operations. Councilman Otto asked if Mr. Dahlberg had reviewed a machine manufactured by the Jay Corporation, because, in his experience with the school district, problems had been. experienced with the Sharp's and the Jay machine was more reliable. Mr. Dah1'Qerg indic~ted that he had not reviewed this machine and was unfamiliar with its operation. After some addi- tional discussion, it was the Council concensus to allow the purchase of' two cash registers for the Northbound Liquor Store with the understanding that Mr. Dahlberg would test the Jay machine and report back to .theCityOouncilwith a recommendation for final selection. COUNCILMAN OTTO MOVED. TO GIVE TENTATIVE APPROVAL FOR THE :PURCHASE OF TWO CASH REGIS;b~ FOR NORTIm)mm LIQUOR STORE SUBJECT TO FINAL APPROVAL AT THE NEXT CITY COtlN'CIL MJ!il!7rING. COUNCIIJ.fAk DUITSMAN SECONDED .THE MOTION. MOTION PASblID 4-0. 15. Orono Dam Mayor Madsen reviewed, for those present, the current status of fundi~ in light of the Lake Homeowners Association decision to assume a $40,000 or ~. share of the local funding requirement as an assessment with the understanding that the lesser number would be utilized.. Mayor Madsen indicated that he supported raising tp,e remainder of the local share through short term bonds issued with the Council's authority without a referendum. It was' the Council's concensusto . support this position and to have such reflected in the full application for mID'Funds. Several questions were raised by Councilmembers regarding the completion date of the preliminary study on the Orono Dam by the engineering firm of CH2M Hill. The Administrator indicated that the engineering firm would be contacted and apprised of the urgency of completing the study as soon as possible. 16. School Planning Program COUNCILMAN DUITSMAN MOVED THE ITEM BE TABLED TO THE NEXT REGULAR MEETING OF THE CITY COUNCIL. COUNCILMAN 10TH SECONDED THE MOTION. MOTION PASSED 4-0. 17. Non-Com Items COUNCILMAN DUITSMAN MOVED APPROVAL OF THE NON-COM ITEMS. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. r- 1S. 1979 Board of Review Mayor Madsen informed all the Councilmembers that the. 1979 Board of Review would be Wednesday, June 20, at 7:30 p.m. in the Sh~rburne County:Cwrthouse. 19. Check Register COO'NCILMAN ENGSTROM MOVED 'APPRoVAr..OFTHECHECK'REGISfER;COUNCItMAN 'OTTO SECONDED THE MOTION. MoTION PASSED 4-0. . , 20. July Meeti~ Dates COUNCILMAN DUITSMAN MOVED TO..CHANGE..THE CITY' COUNCIL. JULy MEETING DATES FROM JULy 2 .AND JULy 16 TO JULY 9 AND JULy 23. COUNCILMAN ENGSTROM SECONDED THIf MOTION. MOTION PASSED ~. . 21. Tentative Agenda Items tentatively scheduled for Council action on July 9, 1979, are: . 1. Mississippi Bridge Resolution, 2. Report. on Orono Dam, 3. Report on Peterson Addition engineering, 22. . :Purchase of Automobile for School Liaison and Building Inspection Program The .Administrator indicated that 1979 budget provided for a port.ion of t}1e expense, of purchasiRg, a. car. jointly used by the, Building. Inspection..ProIram and the School" Liaison Program. The .Admini.stratorindicated~t. ~..changes would be recommended in the near future ..in the ,School'.Liaison .Program.which .' may or may not affect the School District's thinking on continued funding of the School Liaison activities. The Council concensus was to check:rui.$her . for automobile prices and to attempt to find a smaller, more' economical car than that presented this evening, and. also to determine .what the school's thinking on continued funding of the, program will be prior.. t() ..making al'lf decisions on the purchase of the vehicle. . COUHCIIJo1AN TOTH MOVED ADJOuRNMENT. COUNCILMAN OTTO SECONDED THE. MOtION. MOTION PA135l!aJ 4--{). .' Respect.ful1y Submitted, 4C~~~ Robert. C. Middaugh City Administrator RDM: adb .