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11-06-1989 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, NOVEMBER 6, 1989 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dobel, Kropuenske, Schuldt, and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers, City Administrator; Lori Johnson, Finance Director; and Dave MacGillivray, Bond Consultant 1. Call Meetin~ to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Tralle at 7:25 p.m. 2. Consider 11/6/89 City Council A~enda Item 11.1 - Pull tab license for American Legion was added to the agenda. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/6/89 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 10/30/89 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 10/30/89 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike There was no one present for this item. 5. Sale of Bonds Dave MacGillivray, from Springsted, indicated that he had the results of the bid opening for the sale of $890,000 of TIF and Fire Equipment bonds. Mr. MacGillivray stated that he received five bids for the the $410,000 General Obligation Taxable Tax Increment Bond, the lowest of which was from Miller, Johnson, and Kuehn Inc. at an interest rate of 9.3051%. Mr. MacGillivray further indicated that he received eight bids for the sale of the $480,000 General Obligation Fire Equipment Bond, the lowest of which was from Cronin and Company Incorporated at an interest rate of 6.6980%. Mr. MacGillivray recommended awarding the'bids to the low bidders. City Council Minutes November 6, 1989 Page 2 e COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-66, A RESOLUTION AUTHORIZING ISSUANCE AWARDING SALE PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $480,000 GENERAL OBLIGATION FIRE EQUIPMENT BONDS SERIES 1989A. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 89-67, A RESOLUTION AUTHORIZING ISSUANCE AWARDING SALE PRESCRIBING FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $410,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS SERIES 1989B. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Reauest for Time Extension of Conditional Use Permit for True Value Mayor Tralle indicated that the owner of True Value, Mr. Steve Koziolek, is requesting a time extension on his conditional use permit. The City Administrator stated that the City's ordinance does not allow outside storage of lumber which currently exists at True Value. e Mr. Koziolek stated that at the time he was granted a conditional use permit, he did intend to build a building for the storage of his lumber. He indicated that since that time, the owner of the property has decided to not sign an agreement allowing him to put up a facility on the property. Mr. Koziolek indicated that if he did construct a facility for the storage of lumber, the building would become owned by the property owner. Mr. Koziolek indicated that he realizes that the area is changing and that in a few years from now it may no longer be suitable for a lumber yard. He further indicated that it is not his intention to maintain the lumber yard in this area if in the future a lumber yard does not fit in the area. Mr. Koziolek stated that if he decided to expand his lumber business, he would look for a different location. He further indicated that as he sees it there are three alternatives available to him: 1) to allow him to continue on as he has been doing; 2) to construct a building for the storage of lumber at his own expense; or 3) the Council deny his time extension request. Councilmember Kropuenske stated that Mr. Koziolek's lease is up in mid-1992. Councilmember Holmgren indicated that the site is not a nuisance and he has received no complaints. He further indicated that the site is screened and it is not a hazard to the community. e Councilmember Schuldt questioned what improvements Mr. Koziolek would do if the Council should decide to grant the time extension. Mr. Koziolek stated that he could clean the area up by stacking the lumber in a more efficient way, and also by keeping the lumber below the fence line. City Council Minutes November 6, 1989 Page 3 e Mayor Tralle indicated that Mr. Koziolek's business serves the community, and he also feels that the site is not a nuisance. Mayor Tralle indicated that he felt is would be appropriate to grant an extension for the conditional use permit until June, 1, 1992. Councilmember Schuldt questioned whether any other building structures would be added. Mr. Koziolek indicated that he had no plans for any other building structures and would not construct any unless approval were granted by the Council. COUNCILMEMBER HOLMGREN MOVED TO GRANT A TIME EXTENSION OF THE CONDITIONAL USE PERMIT FOR TRUE VALUE UNTIL JUNE 1, 1992. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Consideration of Ordinance Amendments Pertainin~ to Liauor Ordinance e Mayor Tralle indicated that State Statutes allow for the sale of strong beer in a restaurant establishment, which is also licensed to sell wine and non-intoxicating malt liquor with no additional license being required. Mayor Tralle indicated that the Council had discussed this issue at a previous Council meeting and had voted to have the City Attorney draft an ordinance allowing for the sale of strong beer in restaurants. Paul Bell, from Sneaky Pete's Restaurant, stated he was in favor of the ordinance amendment to allow restaurants with a wine license and a 3.2 non-intoxicating malt liquor license to sell strong beer. Mr. Bell indicated that the supply of 3.2 beer is limited and he is, therefore, limited in the selection of 3.2 beer. He indicated that by allowing restaurant owners to sell strong beer, they would have a larger variety and become more competitive. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 89-18, AN ORDINANCE AMENDING SECTION 802.02(3), WHICH ALLOWS THE SALE OF INTOXICATING MALT LIQUOR AT ON-SALE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Kropuenske indicated that although his daughter works at Sneaky Pete's Restaurant, he does not feel that this is a conflict of interest and, therefore would not abstain from the vote. Mayor Tralle indicated that at the June 26, 1989, City Council meeting, the Council authorized the City Attorney to draft an ordinance, which would eliminate the requirement of supplying a surety bond when making application for a liquor license. He indicated that recent State law changes have provided for the elimination of the bonding requirement. e COUNCILMEMBER HOLMGREN MOVED ADOPT ORDINANCE 89-19, AN ORDINANCE AMENDING SECTION 802.04 (2) ELIMINATING THE REQUIREMENT FOR A SURETY BOND. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes November 6, 1989 Page 4 e 8. Consideration of City Application Forms The City Administrator indicated that the staff has been working with the Personnel Consultant on the revision of the City's application form. The Council reviewed the revised application form. It was the consensus of the City Council that the newly revised application form would be acceptable to use for all city departments. 9. Consider Hospice Request for Li~ht UP a Life Pro~ram The City Administrator indicated that the City has received a request from Hospice to use Jackson Square and three trees for their annual Light Up a Life Christmas tree program. It was the consensus of the Council to allow the Hospice Program to use Jackson Square and the trees for their Light Up a Life Christmas tree project, and further that in the future the only notification requirement necessary would be with city staff. 10. Check Re~ister COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 11.1. Gamblin~ License The City Administrator indicated that the American Legion is requesting a gambling license renewal application. The Council took no action to deny this request. 12. City Administrator Update The City Administrator indicated that Phil Hals, Street/Park Superintendent, is recommending a step increase for Eldon Lee and Terry Bye. The City Administrator indicated that owner of Sherburne Communications, located in the Masonic Lodge, has requested to appear before the Council. The City Administrator indicated that the Council had previously determined that Sherburne Communications is an illegal use at the Masonic Lodge. However, the owner of Sherburne Communications does not agree with the Council determination. The City Administrator indicated that on November 13, 1989, the Council hold a budget workshop. e The City Administrator stated that the City had received a letter of complaint addressed to the Mayor and Council. He stated that the letter was in regard to the number of garbage trucks and the amount of garbage flying out of the trucks onto the city streets. The Council discussed this and questioned whether the City Attorney was still looking at the possibility of licensing the garbage trucks in e e e City Council Minutes November 6, 1989 Page 5 order to regulate the activities. The City Administrator indicateded that the City Attorney is still dealing with this issue and that it~ will be brought to the Council at a future meeting. 13. Adjournment COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. < Meeting of the Elk River City Council adjourned at 8:40 p.m. Respectfully submitted, ACL/Jy JA&.-~~~ (~) Sandy Thackeray City Clerk