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08-06-1979 CC MIN 1 REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY August 6, 1979 Members Present: Mayor Madsen, Councilmembers Duitsman, otto and Toth. Members Absent: Councilmember Engstrom. 1. Meeting called to order at 7:35 p.m. by Mayor Madsen. 2. Agenda Item #16, consideration of a mineral extraction license for C.S. McCrossan, Inc., was added to the agenda. COUNCILMAN DUITSMAN MOVED THE AGENDA TO BE APPROVED AS AMENDED. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3...0. 3. Minutes COUNCILMAN DUITSMAN 'MOVED APPROVAL OF THE JULY 23, 1979, CITY COUNCIL MINUTES. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3...0. 4. Open Mike 1. Mr. E. R. Vandenberg appeared and indicated he had reviewed the various traffic ordinances of the City of Elk River and was curious as to why there were so few ordinances. Mr. Vandenberg asked the City Council if new ordinances were being drafted and when they might be created. The City Administrator indicated that the City's attorneys were drafting a new set of citywide ordinances, which would include traffic ordinances. The Administrator indicated that a sample list of ordinances that may be adopted could be provided to the City Council for their review and selection of ordinances to be included in the recodification. 2. Mr. Dale Borgquist appeared at Open Mike and asked the City Council if there was an ordinance prohibiting individuals from draining water onto another individual's property. Mr. Bergquist was concerned because one of his neighbors was draining water onto his property at approximately Co. Rd. 13 and 209th Street. The City Administrator indicated that the matter would be researched and Mr. Borgquist would be informed of the results. 3. Jerry McChesney appeared at Open Mike and asked if the City of Elk River could charge a launching fee for boats into Lake Orono similar to that now being charged by the City of Big Lake for Big Lake. Council asked that the matter be researched and the Council be informed of any restrictions or regulations regarding this matter. 5. Annual meeting with Elk River Fire Relief Association Mr. Russ Anderson, Mr. Dan Green, Mr. Lloyd Barthel, Mr. Dick Gongoll appeared on behalf of the Elk River Fire Department for the annual meeting with the City Council and City Clerk. Mr. Anderson asked the members of the City Council if the retire- ment benefits for Elk River volunteer fire fighters could be increased from $200.00 to $300.00 per year with a maximum accumulation of 20 years and a lump sum payment at retirement. Mr. Anderson indicated that the Elk River Relief Association fund is currently solvent and the increase would not adversely affect the stability or ability to 'pay of the fund. COUNCILMAN DUITSMAN MOVED TO APPROVE AN INCREASE IN THE YEARLY BENEFITS ACCRUED BY FIRE. FIGHTERS FOR RETIREMENT PU:RPOSES, 6. 7. Hi and Variance Re uest ..: Mayor Madsen indic teda concern about the park dedication indicated on the final plat as he f It the area shown was too wet to be useful as park area for the City. The City Administrator indicated that the preliminary plat for Highland Hills had been approved prior to the adoption of the park dedication ordinance and, as uch, the staff had been more lenient with the park dedi- cation than a plat which had been approved after the park dedication ordinance had been adopted. Mr. Wally Fox, Planning Commission Chairman, indicated that the Planning Commi sion felt that the park area shown was, acceptable in that . the City needed op n green space not dedicated to the use of softball fields and other active pay areas. Councilman Toth.asked if the 198th Lane cul-de-sac shown on the plat as intended to link with 20eJtll Circle in the Knollwood Sub- Division. The Cit Administrator indicated that at the present time, the property · between t e end of 200tn. Circle and the Hignland :Hills. Plat was in private ownership, and that unless the City Council condemriedt,he. private pro- perty, the road wo d not go througn- and link the two subdivisions.. Mr.iFox indicated that the Planning Commission had asked that 198th Lane .be shown as it is on the final plat and that it link with the Knollwood Subdivision. Mr. Fox indicated that the private property owners were not willing to allow a road easement to g through and, as such, it would take a Council action to accomplish the roa construction. Various members of the City Council expressed concern over the ssibility of having to condemn private. property to link the two subdivisions. Councilman otto indicated that he would require additional information on in viduals benefiting from an act of condemnation bY the City Council prior to s ch action. Council directed City staff. to investigate the park area to dete 'ne exactly how much space is usable and ask that Mr. Lund at tempt to acquire a road. easement to link 198th Lane and. 200th Circle.. COUNCILMAN TOTH MO TOTABLE THE CONSIDERATION OF THE-FINAL 'PLA.'l'FOR'TWO . COUNC DUIT ECONDED THE MOTION. MOTION P ED 3....0. . Minutes August 6, 1979 Page 2 8. Resolution regarding funding for Orono Dam COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 79-26 DESIGNATING THE AMOUlC. PURPOSE AND DATE NEEDED OF STATE FUNDS FOR THE REPAIR OF THE LAKE ORONO DAM. COUNCILMAN'1'0'l'It~l5titJl'U)l!J.I;}M MU'j;'iDN. ~uUJ.liuN.t'Abb15.u j-0. 9. Handicapped parking spaces The City Administrator explained that a request had been made for handicapped parking spaces in the downtown business district. The Administrator suggested a parking space on both the north a~ south sides of Main Street to allow handi- capped individuals access to all parts of. the business district. COUNCILMAN OTTO MOVED TO AUTHORIZE HANDICAPPED PARKING SPACES IN THE FOLlOWING LOCATIONS: ONE SPACE ON THE NORTH SIDE OF MAIN STREET ON THE NORTHWEST CORNER OF THE INTER- SECTION OF MAIN STREET AND JACKSON .IMMEDIATELY ADJACENT TO THE CROSSWALK AND ONE SPACE ON THE SOUTH SIDE OF MAIN STREET ON THE SOUTHwEsT CORNER OF THE. INTERSECTION OF JACKSON AND MAIN STREET IMMEDIATELY ADJACENT TO THE CROSSWALK. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 10. School. signing program The City Administrator indicated that the Police Chief did not feel that signing around St. Andrew'S Parochial School was a requirement as the area was not subject to high volumes of traffic and no problems had been reported previously in that area. The Administrator also indicated that the end of a school zone would be designated with an appropriate sign either~indicating the end of a schoo! zone or indicating permission to resume a speed limit of 30 miles per hour. OOUNCTI..MAN OTTO MOVED APPROVAL OF THE SCHOOL SIGNING PROORAM AS PROPOSED BY CITY STAFF. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 11. Diseased Tree Removal Contract The City Administrator reviewed quotations rece:lyedfrem .1):b~k's Tree Service&: AI's Tree Service for diseased tree removal in the City of Elk River for 1979. The Administrator indicated that the quoteswerereasonal)4t Clos.e in cost 'but therDi<<l.k's Tree Service quote provided more flexibility and the possibility of lower costs than did the AI's Tree Service bid. COUNCILMAN DUITSMAN MOVED TO APPROVE DICK'S TREE SERVICE AS THE CITY'S DI~m'~3teNTRACTOR FOR 1979 PER THE QUOTE SUBUTTED FOR TREE REMOVEL SERVICES. COUNClt..MlN oTTo SECONDED THE MOTION. MOTION PASSED 3-0. 12. Conditional Use Permit for Michael Martin COUNCILMAN DUITSMAN MOVED APPROVAL OF A CONDITIONAL USE PERMIT FOR MIOOAEL MARTIN FOR A HOME OCCUPATION IN A RESIDENTIAL ZONE PER LIMITS AND REQUIREMENTS STATED ON MR. MARTIN'S APPLICATION. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 13. Car-Son Homes Conditional Use Permit Mayor Madsen indicated that a representative of Car-Son Homes wished to appear to explain the conditional use permit request and that they had been unable to appear before the Planning Commission at the original hearing. Mayor Madsen asked if the item could be referred back to the Planning Commassion for a second public hearing and to allow the Car-Son Homes representative to state his case. COUNCILMAN OTTO MOVED TO REFER THE CONSIDERATION OF THE CONDITIONAL USE PERMIT FOR CAR-SON HOMES :GK '1'0 '1m PLANNING COMMISSION FOR A SECOND PUBLIC HEARING. COUNC]J.M,AN DUITSMAN ECONDED THE MOTION. MOTION PASSED 3-0. 14. Check Register COUNCILMAN TOTH MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-0. . . 15 . Tentative Agenda Items tentative4r to be considered at 'the next Council meeting include the following: 1. Highland Hills final plat, and variance, 2. Peterson Addition public hearing and bid award, 3. Xenia Street public hearing and bid award, 4. Meadowvale Oaks public hearing and bid award. 16. Mineral Extraction Permit for C.S. McCrossan, Inc. Tom Rooney, attorney for O.S. McCrossan, and Mr. Rod Ev'ans., representing C.S. McCrossan, Inc, were present to address questions from the. City Council regarding the mneralextraction permit for C.'S. McCrossan,.. Inc.. The City Administrator indicated that he had received today the requ.est "for the mineral extraction license and, as such, could,not make a recommendation regarding approval of such a license. " The City Administrator indicated further that the rehabilitation plan specified the mineral extraction ordinance because the entire area is surrounded by gravel pits and it would be most desireable to have a comprehensive rehabilitation plan for the entire area rather than a spot plan for any particular area. No Council action was taken on the permit at this time. COUNCILMAN TOTH MOVED ADJOURNMENT. COUNCIL OTTO SECONDED THE MOTION. MOTION PASSED 3...0. . Meeting Adjourned. Respectful4r Submitted, <51G Robert C. Middaugh City Administrator RCM:adb .