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08-01-1988 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. AUGUST 1. 1988 Members Present: Mayor Gunkel. Councilmembers Schuldt. Holmgren. Tralle. and Dobel Members Absent: None Also Present: Pat Klaers. City Administrator; Steve Rohlf. Building and Zoning Administrator 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:00 p.m. 2. Consideration of 8/1/88 City Council Agenda The following items were added to the City Council Agenda: 5.4 - Additional Petitions for Sewer & Water: Bromen. Hellerstedt. and Lakoduk Building and Zoning Administrator Update Watering Restrictions Officer Petermann City Administrator Update Councilmember Schuldt 6.4. 7.l. 8.l. 8.2. 8.3. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 8/1/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5- O. 3. Consideration of 7/25/88 City Council Minutes The following corrections were made to the 7/25/88 Council minutes: Item /14. second paragraph the following sentence was added: "She further indicated the committee would be seeking some type of assistance in funding or in the purchasing of trees from the City." Item 6.5. page 5 - the following wording was added to the first sentence: "and also to keep the annual pay for the position in better proportion to the Chief's salary." COUNCILMBMBER DOBEL MOVED TO APPROVE THE 7/25/88 CITY COUNCIL MINUTES AS AMENDED. COUNCILMBMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike Steve Pattison. President. were River for the indicated that completed and the Lions do present time. Lion's Club Member and Bill Lampson. Lion's Club present to request a $29.000 loan from the City of Elk completion of a shelter in Lion's Park. Mr. Pattison the construction of the outside of the building has been there is some work to be done on the inside. He stated have the funds. however. they are not available at the Page 2 e Elk River City Council Minutes August 1, 1988 The City Council discussed the legality of a City loaning money to a private club and the fact that this would be setting a precedent. The City Administrator stated that the City Attorney has initially indicated that it is beyond the scope of public powers listed in State law for a City to loan money to private organizations. COUNCILMEMBER TRALLE MOVED TO AUTHORIZE THE CITY ATTORNEY TO INVESTIGATE THE MATTER MORE THOROUGHLY AND TO REPORT BACK TO THE COUNCIL AT THE NEXT COUNCIL MEETING AND THAT THE ATTORNEY INVESTIGATION FEE NOT EXCEED $1,000. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council commended the Lions on the work done to date at the Park and further encouraged the Lions to seek funds from other organizations to help solve the current problem. 5.1. Cigarette License/Princeton Cooperative Assn. COUNCILMEMBER HOLMGREN MOVED TO APPROVE A CIGARETTE LICENSE FOR PRINCETON COOPERATIVE ASSOCIATION LOCATED AT 13374 HIGHWAY 10, ELK RIVER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Temporary Non-Intoxicating Malt Liquor License/St. Andrews e COUNCILMEMBER DOBEL MOVED TO APPROVE A TEMPORARY NONINTOXICATING ON SALE MALT LIQUOR LICENSE FOR ST. ANDREWS CHURCH FESTIVAL TO BE HELD ON AUGUST 21, 1988. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Election Judge Appointment COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 88-55, A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION TO BE HELD SEPTEMBER 13. 1988. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Petition Requests for Sewer & Water Improvements Mayor Gunkel indicated that the following people have submitted petitions to the City requesting to have their parcels of property included in the feasibility study on extending sewer and water to the west side of the City: Stewart Wilson, Harry and Susie Lakoduk, Geri Hellerstedt, and Jerome Bromen. e COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-56, A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SANITARY SEWER, WATERMAIN. STREET AND STORM DRAINAGE IN THE WESTERN AREAS OF THE CITY (WILSON PROPERTY). COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 3 e Elk River City Council Minutes August 1. 1988 COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-57. A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SANITARY SEWER. WATERMAIN. STREET AND STORM DRAINAGE IN THE WESTERN AREAS OF THE CITY (LAKODUK PROPERTY). COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 88-58. A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SANITARY SEWER. WATERMAIN. STREET AND STORM DRAINAGE IN THE WESTERN AREAS OF THE CITY (HELLERSTEDT PROPERTY). COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 88-59. A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SANITARY SEWER. WATERMAIN. STREET AND STORM DRAINAGE IN THE WESTERN AREAS OF THE CITY (BROMEN PROPERTY). COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Administrative Subdivision/Floyd Elliot/Public Hearing e Mayor Gunkel administrative 1st Addition. the other half indicated that Mr. Floyd Elliot is requesting an subdivision to divide Lot 3. Block 1. of Greenhead Acres He is planning on adding one half of Lot 3 to Lot 4 and of Lot 3 to Lot 2. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY FLOYD ELLIOT TO SPLIT LOT 3. BLOCK 1. OF GREENHEAD 1 ST ADDITION IN HALF AND ADD ONE HALF TO LOT 4 AND THE OTHER HALF TO LOT 2. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Administrative Subdivision/Metal Craft/Public Hearing Mayor Gunkel indicated that Metal Craft is requesting an administrative Subdivision to combine Lot 1 and Lot 2. Block 1. McChesney Industrial Park into one parcel. Building and Zoning Administrator. Steve Rohlf. indicated that the administrative subdivision sould be granted contingent upon the drainage and utility easement that runs between the lots being vacated. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION TO COMBINE LOTS 1 AND 2. BLOCK 1. MCCHESNEY INDUSTRIAL PARK INTO ONE PARCEL WITH THE STIPULATION THAT THE DRAINAGE AND UTILITY EASEMENT BETWEEN THE LOTS BE VACATED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. TIll MOTiON CARRIED 5 -0 . e e e Page 4 Elk River City Council Minutes August 1, 1988 6.3. Drainage and Utility Easement Vacation/Metal Craft/Public Hearing Mayor Gunkel indicated that Metal Craft is requesting to vacate the north 10 feet of Lot 1 and the south 10 feet of Lot 2 of Block 1, McChesney Industrial Park. The Building and Zoning Administrator indicated that Elk River Municipal Utilities are requesting an additional 10 feet of easement on the west side of the property and Mr. Mowry of Metal Craft stated he had no objections to the additional 10 feet of easement. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 88-60, A RESOLUTION VACATING THE DRAINAGE AND UTILITY EASEMENT BETWEEN LOTS 1 AND 2, BLOCK 1, MCCHESNEY INDUSTRIAL PARK WITH THE STIPULATION THAT AN ADDITIONAL 10 FOOT EASEMENT BE GRANTED RESULTING IN A 20 FOOT EASEMENT ON THE WEST SIDE OF THE PROPERTY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5 -0 . 6.4. Building and Zoning Administrator Update The Building and Zoning Administrator indicated that the Tom Wilson had an administrative subdivision approved by City Council about a year ago between Union Street and County Road 30 and did not record it within the one year limit. He stated Mr. Wilson is requesting the Council to accept a registered land survey of the subdivision and allow it to be recorded. COUNCILMEMBER TRALLE MOVED TO ACCEPT THE REGISTERED LAND SURVEY FROM TOM WILSON. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Register COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Watering Ban Councilmember Tralle indicated that the Utilities had passed a motion at their last meeting requesting the General Manager to issue a request to customers to go on an odd-even watering ban in the event Minneapolis issues a watering ban. He stated that the Utilities Commission discussed the fact that Elk River Municipal Utilities would be unable to enforce a watering ban. Mayor Gunkel indicated that she would like the Council to declare a watering ban as the City Police Department would be able to enforce the ban. Page 5 e Elk River City Council Minutes August 1, 1988 Discussion pursued as to the best possible way to ban yard watering and yet be able to enforce the ban. It was the consensus of the Council that an odd- even watering ban would be difficult to enforce. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 88-22, AN ORDINANCE DECLARING A WATERING BAN FOR THE CITY OF ELK RIVER. SAID ORDINANCE WOULD ALLOW WATERING FROM 9:00 P.M. TO 9:00 A.M. ONLY WITH NO EXCEPTIONS FOR DAYTIME WATERING. FIRST OFFENSE - WARNING; SECOND OFFENSE - $50 FINE; THIRD OFFENSE $100 FINE; 4TH OFFENSE - WATER WILL BE SHUT OFF. THIS ORDINANCE APPLIES TO MUNICIPAL WATERED LOTS ONLY. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHULDT OPPOSED. Councilmember Schuldt stated that the Elk River Municipal Utilities Superintendent should have called the watering ban; not the City Council. It was the consensus of the Council to strongly suggest that the City residents with private wells voluntarily honor the watering ban. 8.1. Officer Petermann e The City Administrator informed the Council that this portion of the Council meeting would be tape recorded. The Administrator handed out pages 22, 30 and 31 of the City's personnel ordinance and a Findings of Fact from the Chief of Police, and also a draft letter to Officer Petermann from Pat Klaers. The City Administrator informed the Council that according to Section 218.04, Police Officers are covered by the City Code. He indicated that he is recommending the termination of employment of Officer Robert Petermann based on the City Code, Section 218.52 (1) and (10) which relates to incompetence or ineficiency in performance of duties and conduct which discredits a City service, and also based on the Findings of Fact. The City Administrator indicated that the City has been paying Petermann his salary since he was suspended on May 15, 1988, and stated that the City cannot continue to pay Petermann with City funds. He also indicated there is a need to have a new Juvenile Officer for the upcoming school year. Mayor Gunkel indicated that the City has done what could be done to act responsibly about the situation. According to the Findings of Fact and violation of the ordinance, there is sufficient evidence to concur with the City Administrator's recommendation to terminate employment of Officer Petermann and to discontinue payment of wages. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CITY ADMINISTRATORS DECISION TO TERMINATE THE EMPLOYMENT OF OFFICER ROBERT PETERMANN BASED ONTRE "FINDINGS OF FACT" AND FOR VIOLATION OF THE CITY'S PERSONNEL ORDINANCE EFFECTIVE 8/10/88. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 6 e Elk River City Council Minutes August 1. 1988 Don Heinzman from the Elk River Star News presented a letter to the City Council requesting permission to have a copy of the Findings of Fact. His Attorney states in the letter that this information is public. The City Administrator indicated he would submit the letter to the City's Attorney for advice and get back to Mr. Heinzman as soon as possible. 8.2. City Administrator Update: The City scheduled was the people matter. Administrator indicated that the Growth Management Plan is to be considered by the City Council on August 22. 1988. It consensus to hold the Council meeting at City Hall. as not many are expected since the public hearing has been closed on the ------------------------------------------------------------------------------- COUNCILMEMBER TRALLE MOVED TO AUTHORIZE PHIL HALS. STREET SUPERINTENDENT, TO PURCHASE TWO TRUCKS AT THE HENNEPIN COUNTY AUCTION WITH FINANCING TO COME FROM 1989 EQUIPMENT CERTIFICATES, OR DEPENDING ON THE FUND BALANCE AT THE END OF 1988; ONE OF THE TRUCKS MAY BE ABLE TO BE PURCHASED WITH GENERAL FUND MONIES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e ------------------------------------------------------------------------------- 8.3. Councilmember Schuldt Councilmember Schuldt indicated that he has some concern relating to the incident at Broadway Bar and Pizza's open air concert. He indicated he has received complaints regarding the lack of parking. obscene language. traffic congestion on Highway 10. and also items have been stolen from Jakes Market. located next door to Broadway Bar and Pizza. Councilmember Schuldt indicated he would like to see the outdoor concerts not allowed in the City in the interest of public safety. The City Administrator indicated that he has informed Mr. Kurth of the Council's displeasure and of the public concern. Discussion was held regarding the possible adoption of an ordinance regulating outdoor activities in the City. It was the consensus of the City Council to prepare an ordinance to this effect. ------------------------------------------------------------------------------- - The City Administrator restated that the Chief of Police has discussed with the Council the need for an additional sergeant. He indicated it is the intention of the City to promote this position internally. The City Administrator also informed the Council that the City Police Department is working on developing a policy to alternate personnel in the DARE Program and also of the Juvenile Officer. e e - Page 7 Elk River City Council Minutes August 1. 1988 There being no further business. COUNCILMEMBER TRALLE MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY. COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0 ~ The meeting of the Elk River City Council adjourned at 8:35 p.m. A~~^uJ;Y fJJV Sandy Thackeray Recording Secretary J