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12-05-1988 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. DECEMBER 5. 1988 Members Present: Mayor Gunkel. Counci1members Dobe1. Tra11e. Schuldt and Holmgren Members Absent: None Staff Present: Pat K1aers. City Administrator; Peter Beck. City Attorney 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 11:30 p.m. 2. Consider 12/5/88 City Council Agenda COUNCILMEMBER TRALLE MOVED TO APPROVE THE 12/5/88 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 11/21/88 City Council Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/21/88 CITY COUNCIL MINUTES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike Ellen Medenwa1dt stated that the City of Elk River does not have any municipal recreational activities to offer residents of Elk River. She questioned what could be done to improve this situation. Mayor Gunkel informed Ms. Medenwa1dt that there are many ways to become involved in city government and suggested that the Recreation Board may be a good place to start. She suggested that Ms. Medenwa1dt attend a Recreation Board meeting and to call City Staff with any questions she may have. 6. Consideration of Lois Carton Assessment Cancellation The City Administrator indicated that Ms. Lois Carton owns two parcels of land that have received a special assessment for sewer interceptor. He noted that one parcel is 11 acres and does not have any buildable ground on it. Counci1member Schuldt suggested that the assessment be deferred and assessed later if the lot is developed. Ms. Carton deferred. benefit. assessed. time. stated that she would like the assessment forgiven. not as it is unfair to be assessed for property without receiving She indicated she did complain at the time the land was being however. no one from the City came to look at the land at that The City Attorney stated that he would have to check the statutes as the proper appeal procedure was not followed. Page 2 City Council Minutes December 5, 1988 e COUNCILMltMBER TRALLE MOVED TO INVESTIGATE THE ALTERNATIVES AVAILABLE AND TO BRING THIS BACK TO THE COUNCIL WHEN FINDINGS HAVE BEEN MADE BY THE CITY ATTORNEY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Review of Main Street Project The Council discussed the John MacGibbon sidewalk issue. It was noted that the unfortunate issue in the matter is the cost to the taxpayers to get the matter resolved. The City Administrator noted that attempts have been made to contact John MacGibbon in hopes of coming to an agreement regarding the matter, however, Mr. Mac Gibbon has not returned any of the phone calls. COUNCILMEMBER TRALLE MOVED TO SETTLE THE JOHN MACGIBBON SIDEWALK ISSUE THROUGH LITIGATION AND FURTHER THAT THE CITY ATTORNEY SEEK A CHANGE IN VENUE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5- o. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE ELK RIVER CITY COUNCIL MEETING PAST 12: 00 A. M. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Consider Changes in Cable TV Joint Powers Agreement and Franchise Ord inanc e e COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 88-29 AN ORDINANCE AMENDING THE CABLE COMMUNICATIONS ORDINANCE OF THE CITY OF ELK RIVER. COUNCILMEMBER DOBEr. SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEr. MOVED TO ADOPT RESOLUTION 88-98 A RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION 1 AND ARTICLE X, SECTION 3 OF THE SHERBURNE/WRIGHT COUNTY CABLE COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Consider 3.2 On Sale License for Pizza Hut COUNCILMEMBER TRALLE MOVED TO APPROVE A 3.2 ON SALE NON INTOXICATING MALT LIQUOR LICENSE FOR PIZZA HUT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Consider Check Register COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Other Business 10.1. City Administrator Update e The City Administrator distributed a hand out from the City Street Superintendent regarding parking signs on Dodge Avenue. It has come to the City's attention that MnDOT's maintenance equipment cannot access their property from Dodge Avenue due to cars parking on both sides of the road. Page 3 City Council Minutes December 5. 1988 e The Street Superintendent also recommended. in his memo dated December 1. 1988. that a stop sign be installed on 189th Avenue where it intersects with Dodge Avenue due to increased traffic. COUNCILMEMBER TRALLE MOVED TO POST A NO PARKING SIGN IN DEERFIELD THIRD ON THE WEST SIDE OF DODGE AVENUE FROM 189TH AVENUE TO ELK HILLS DRIVE AND ALSO TO INSTALL. A STOP SIGN ON 189TH AVENUE WHERE IT INTERSECTS WITH DODGE AVENUE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION. CARRIED 5-0. The City Administrator updated the Council on negotiations with Burlington Northern Railroad for the purchase of the abandoned railroad bed. He stated that Burlington Northern has indicated that the City must increase its offer so that the price of the land is comparable to surrounding land. COUNCILMEMBER TRALLE MOVED THAT THE CITY OFFER BURLINGTON NORTHERN $53.700 FOR THE APPROXIMATELY 70 ACRES OF ABANDONED RAILROAD BED AND THAT THIS BE THE CITY'S FINAL OFFER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that the City intends to follow last years policy of not charging downtown shoppers and merchants for parking in the lots leased from Burlington Northern Rail road. e There being no further business. COUNCILMEMBER DOBEL MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 12:22 a.m. ~Yv!:zraY Deputy City Clerk e