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12-02-1985 CC MIN ~ REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, DECEMBER 2, 1985 MEMBERS PRESENT: Mayor Hinkle, Councilmembers Gunkel, Williams, and Engstrom. MEMBERS ABSENT: Councilmember Schuldt STAFF PRESENT: Tom Bublitz, City Administrator; Lori Johnson, Finance Director 1. The meeting was called to order by Mayor Hinkle at 7:39 p.m. 2. Consideration of Agenda Items 8C Star Cities Conf., 8D - Bridge Dedication, 8E - Liquor Store Policy Change, 8F Citizen's Advisory Committee, 8G - Tot Park were added to the agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-9. 3. Minutes November 4 and November 18, 1985 COUNCILMEMBER GUNKEL MOVED TO APPROVE THE NOVEMBER 4, 1985 CITY COUNCIL MINUTES AS SUBMITTED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-9. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE NOVEMBER 18, 1985 CITY COUNCIL MINUTES AS SUBMITTED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-9. 4. Open Mike No one appeared for this item. 5. Gary Sauer/Barton Sand and Gravel Mr. Gary Sauer representing Barton Sand and Gravel addressed the City Council regarding the future plans of Barton Sand and Gravel relating to their mineral excavation in the City of Elk River. Mr. Sauer noted that Barton Sand and Gravel has approximately 599 acres of mining area in Elk River. Mr. Gary Saurer addressed the fact that the area of Co. Rd. t33 and Proctor will someday be lowered by 29 to 39 feet due to mineral extracton. Discussion was held regarding the PAGE 2 CITY COUNCIL MINUTES DECEMBER 2, 1985 matter of who is responsible to rebuild the road. Mr. Sauer indicated that some arrangement between the city or County, and the Developer would be made. Mr. Sauer noted that the gravel is depleting rapidly in the metropolitan area and stated a lot of the gravel will be coming from the Elk River area. Mr. Sauer noted that there is gravel tax coming into the County and City and further stated that the City gets 39% which may be used to repair some of the roads the trucks are using. He also noted that the gravel tax will remedy some of the costs the City is looking at. Mr. Sauer indicated to the Council that Barton will develop the area in a very respective way and will use planning that will safeguard the City as well as beautify it. He further stated that they will be working very hard over the next few years to gain the confidence of the City of Elk River. Councilmember Williams noted that he had some concerns with Barton Sand and Gravel's operations. Councilmember Williams noted that he is concerned with the unsightliness on Co. Road #33 and Proctor Avenue and also noted he felt there is a safety factor on Ranch Road that needs to be addressed. He further indicated that he was concerned with the fact that mining is being done too close to the roadways especially those which are heavily travelled thoroughfares. Councilmember Williams indicated he would like to see some kind of m1n1ng plan which will project how the mining will take place. He indicated he felt this was necessary because of the speed in which Elk River is growing. Mayor Hinkle stated he felt if a plan would be required from Barton Sand and Gravel, that the same should be required from the other miners in the City. Councilmember Gunkel noted she felt Barton Sand and Gravel is doing a good job in communicating with the City and stated she also would like to see some kind of plan which would keep the City informed of what is happening. 6. Consideration of City Holiday Policy for Martin Luther King's Birthday The City Administrator indicated that Minnesota State Law has mandated that on Martin Luther King's Birthday, PAGE 3 ~ CITY COUNCIL MINUTES DECEMBER 2, 1985 businesses must be closed. The City Administrator further indicated that the City of Elk River has 11 holidays at the present time. He noted that most cities range between 10 and 11 holidays. The City Administrator indicated that one option would be to eliminate one existing holiday in order to honor the Martin Luther King holiday. He noted that Columbus Day would probably be the most obvious holiday to trade. COUNCILMEMBER ENGSTROM MOVED TO APPROVE ORDINANCE 85-10, AN ORDINANCE AMENDING SECTION 218.40 OF THE CITY OF ELK RIVER ORDINANCES TITLED ftHOLIDAYSft WHICH WOULD ELIMINATE COLUMBUS DAY AS A HOLIDAY AND ADD MARTIN LUTHER KING'S BIRTHDAY AS A PAID HOLIDAY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Consideration of Parking Restrictions for Snow Removal The City Administrator noted that the Street Superintendent was requesting the City Council to adopt an ordinance which would restrict parking on City streets from November 15 to April 15, between the hours of 2:00 a.m. to 6:00 a.m. Councilmember Engstrom noted h~ felt ordinance, especially when he sees communities doing the same thing. it was a good other surrounding Councilmember Gunkel questioned whether these specified hours would solve the situation, and further questioned whether these hours cooincided with the Snow Removal POlicy. Councilmember Williams noted he would like to hear from the Street Superintendent before making a decision. Mayor Hinkle noted he felt the Street Superintendent would not request an ordinance which would not help the snow plowing situation. Councilmember Engstrom indicated that he concurred with Mayor Hinkle. Councilmember Williams noted he would like to delay any action on the ordinance until such time as the Street Superintendent can give the Council more information. Councilmember Gunkel concurred wih Councilmember Williams. PAGE 4 CITY COUNCIL MINUTES DECEMBER 2, 1985 COUNCILMEMBER WILLIAMS MOVED TO TABLE THE DISCUSSION ON THE PARKING ORDINANCE UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. COUNCILMEMBERS WILLIAMS AND GUNKEL VOTED IN FAVOR OF THE MOTION. COUNCILMEMBER ENGSTROM AND MAYOR HINKLE VOTED AGAINST THE MOTION. THE VOTE WAS 2-2. THE MOTION FAILED TO PASS. COUNCILMEMBER ENGSTROM MOVED TO ADOPT ORDINANCE 85-11, AN ORDINANCE AMENDING SECTION 1100.16 OF THE CITY ORDINANCES REGARDING SNOW REMOVAL PARKING. MAYOR HINKLE SECONDED THE MOTION. COUNCILMEMBER ENGSTROM AND MAYOR HINKLE VOTED IN FAVOR OF THE MOTION. COUNCILMEMBERS WILLIAMS AND GUNKEL OPPOSED THE MOTION. THE VOTE WAS 2-2. THE MOTION FAILED TO PASS. 8A. Employee Right to Know Program The City Administrator indicated that the Minnesota Right to Know Act was passed by the Minnesota Legislature in 1983. He noted that the law provides a way to give information to employees dealing with harmful substances. The City Administrator indicated that he had received a memorandum from the League of Minnesota Cities which described a program offered by the Poison Control Center which addresses the requirements of the Employee Right to Know Act. He further noted that the major intent of the Poison Control Center's Program is to provide the City with thematerial safety data sheets. He stated the cost of this service is very low when compared to programs offered by consultants currently in the business of developing employee right to know programs. He further indicated the approximate total cost would be $340. COUNCILMEMBER WILLIAMS MOVED TO AUTHORIZE THE CITY OF ELK RIVER TO BUY THE POISON CONTROL CENTER'S EMPLOYEE RIGHT TO KNOW ACT PROGRAM. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 8B. Fair Labor Standards Act The City Administrator reviewed the update on the New Fair Labor Standards Act Law. He indicated the amendment to the law allows for employees to use comp time and to bank a certain number of comp time hours. Discussion was held by the City Council regarding the problem of employees building up a large number of comp time and vacation time hours, and the fact that if the employee were to cease employment the City would be liable to pay the employee for the banked hours. ~ PAGE 5 CITY COUNCIL MINTUES DECEMBER 2, 19S5 Councilmember Gunkel indicated she felt some guidelines should be set regarding the banking of comp time hours in the near future. SC. Star Cities Conference COUNCILMEMBER ADMINISTRATOR COUNCILMEMBER 3-9. GUNKEL MOVED TO GRANT PERMISSION TO THE CITY TO ATTEND THE ONE DAY STAR CITIES CONFERENCE. ENGSTROM SECONDED THE MOTION. THE MOTION SO. Bridge Dedication The City Administrator stated that The Chamber is duplicating tapes of the bridge dedication and was wondering if the City was interested in purchasing one for historical purposes. He noted the cost of the tape would be $75.99. It was the consensus of the City Council that Councilmember Williams would take a look at the tape and see if he felt it would be to the City's benefit to purchase the tape. SE. Liquor Store Policy Change The City Administrator indicated to the City Council that the liquor wholesalers are applying a new policy to all accounts which requires liquor invoices to be paid within six days in order to receive the 2% discount. The City Administrator indicated the problem with paying the bills within six days is getting the checks signed. He noted that maybe it would be more efficient to have a stamp with the Mayor's signature on it for the purpose of stamping checks. Councilmember Williams suggested calling the wholesalers and see if they would accept payment within fifteen days as opposed to six days. SF. Citizen's Advisory Committee The City Administrator noted that he had drafted a letter to go to Community groups which requests names for the Citizen's Advisory Committee. PAGE 6 CITY COUNCIL MINUTES DECEMBER 2, 1985 8G. Tot Park Councilmember Gunkel noted she had a phone call from Wally Trochlil who has maintained the tot park for 1985 and has not received payment for this. The City Administrator indicated he would look into the matter. 10. Check Register COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Reconvene Budget Hearing The City Council proceeded to review the administration budget. It was decided to delete $3,500 from the administration budget for the estimated cost of printing a quarterly newsletter in 1986. Line item 3431, Dues, Memberships and Subscriptions was also reduced by $350 by deleting the annual subscription to the Management Information Service of the International City Management Association. 12. Adjournment COUNCILMEMBER WILLIAMS MOVED TO ADJOURN THE MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-9. ~ Sandra Thackeray Recording Secretary