12-02-1985 CC MIN
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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
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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,
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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.
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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.
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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.
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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.
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Sandra Thackeray
Recording Secretary