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01-16-1984 CC MIN , REGULAR WEEKLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 16, 1984 Members Present: Mayor Hinkle, Councilmembers Engstrom, Duitsman, Schuldt, & Gunkel. Members Absent: None 1. The Meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item 9~ - Elk River Utilities; Item ll~ - The Orono Dam; and Item l2~ - The Mayor's Update, were added to the January 16th 1984 City Council agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE JANUARY 16, 1984, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Councilmember Schuldt requested that Item 5 of the January 3, 1984, minutes; Liquor License application, include change in ownership of the business known as Danceland and Reggies Pennant Bar, take affect after approval of -the~~Li~uor,Idcen$e . COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE MINUTES OF THE JANUARY 3, 1984, CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Councilmember Schuldt indicated that Mr. Mag Johnson contacted him regarding the cars parked on the sidewalk at Marty's Auto. Mayor Hinkle indicated that the Police Department is aware of the problem at Marty's Auto and have ticketed many cars parked on the sidewalk. Mayor Hinkle further indicated that Marty just seems to pay the tickets and continue to park the cars on the sidewalk. Councilmember Gunkel questioned the possibility of having the cars towed. General discussion was carried on regarding the impact of towing the cars. It was the general consensus of the City Council to authorize the Police Department to talk to Marty again regarding the parking of the cars on the sidewalk. Mayor Hinkle indicated that Mr. Terry Maurer of Consulting Engineers Diversified, was leaving that firm to join another firm. Mayor Hinkle indicated that Mr. Terry Maurer would be missed by the City of Elk River and that he wished him well in his new position. City Council Minutes January 16, 1984 Page Two 5. Presentation by Myrton Wegener on Municipal State Aid Mayor Hinkle indicated that Mr. Myrton Wegener had requested the opportunity to make a presentation to the City Council regarding the Minnesota Association of Small Cities. Mr. Wegener indicated that he was interested in presenting information to the City Council regarding the Minnesota Association of Small Cities position on Municipal State Aid. Mr. Wegener indicated that the Association of Small Cities called on him to help lobby in the legislature, their interest in changing the state aid formula for distribution of state aid money. Mr. Wegener indicated that he is working with townships and counties as well, with regard to the state aid bill. Mr. Wegener indicated that he believed that the present formula was not an equitable formula to all cities concerned in the State of Minnesota. Mr. Wegener indicated that he felt the State Aid issue should be taken directly to the legislature and that the League of Minnesota Cities should not be involved. Mr. Wegener discussed the present State Aid formula and the formula the Minnesota Association of Small Cities presented. Mr. Wegener indicated that he was asking for the City Council's membership and support in the lobby effort to change the current State Aid formula. Mr. Wegener indicated that based on a fee schedule developed by the Minnesota Association of Small Cities, the City of Elk River should pay .$2,238.41 for membership. General discussion was carried on between the City Council and Mr. Wegener re- garding levy limits, the legislatures positions, the League of Cities position, and the Minnesota Association of Small Cities position. Further discussion was carried on regarding the City of Elk River's membership in the League of Minnesota Cities Association. It was the consensus of the City Council that the City Council would discuss Mr. Wegener's proposal in a committee session. 6. Ordinance Amendments regarding Clerk/Treasurer position The City Administrator indicated that Ordinance 84-1 makes a number of changes to the existing city code to officially incorporate the separate position of City Clerk. The City Administrator further indicated that the changes proposed are consistent with the state statute regarding the duties of the City Clerk, and are also consistent with the City's current method of operation. COUNCILMEMBER GUNKEL MOVED TO ADOPT ORDINANCE 84-1 AN ORDINANCE AMENDMENT REGARDING REESTABLISHMENT OF A SEPARATE CITY CLERK POSITION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Renewal of various Licenses A. Eagles Gambling License B. Guardian Angels Bingo License C. American Legion Gambling License COUNCILMEMBER SCHULDT MOVED TO APPROVE THE EAGLES GAMBLING LICENSE, THE GUARDIAN ANGELS BINGO LICENSE, AND THE AMERICAN LEGION GAMBLING LICENSE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes January 16, 1984 Page Three 1 General discussion was carried on regarding Club Liquor Licenses and the impact that their advertisements, "open to the public," .have on private establishments. Mayor Hinkle indicated that Club Licenses are issued to clubs with admittance to members only. It was the consensus of the City Council to authorize the City Administrator to contact the Eagles Club, and the Legion regarding the Council's concerns on their "open to the public" policy. 8. Assessment of sewer hook-up charges Mayor Hinkle indicated that according to Minnesota Statute, the City Council must hold a public hearing when assessing costs to a property. Mayor Hinkle further indicated that the public hearing is scheduled for the assessment of interceptor sewer hook-up charges to two properties in the School View Addition, and one property in the Industrial Park. Mayor Hinkle opened the public hearing. No one appeared for, or in opposition of the assessment hearing. Mayor Hinkle closed the public hearing. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE ASSESSMENT OF THE SEWER INTERCEPTOR HOOK-UP CHARGES TO THE PROPERTIES AT: 11962 19l5T AVE, 19010 JACKSON ROAD, AND 19178 INDUSTRIAL BLVD. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Issuance of Gambling License for Raffle For Cross Country Ski Group Mayor Hinkle indicated that Ms. Harriet Burley of the Cross Country Ski Group Parents Club, has requested a gambling license for a raffle to be held by the group January 9, through February 15, 1984. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE GAMBLING LICENSE FOR A RAFFLE TO BE HELD BY THE CROSS COUNTRY SKI GROUP PARENTS CLUB. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 9~. Elk River Utilities Councilmember Duitsman indicated that the Elk River Utilities had two issues to discuss with the City Council. Councilmember Duitsman indicated that the Elk River Utilities Commission wanted the costs of moving the electrical lines fi-om the bridge replacement funds. Councilmember Duitsman indicated that the cost of moving the lines is approximately $9,000. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE COST OF MOVING THE ELK RIVER UTILITY ELECTRICAL LINES FOR THE REPLACEMENT OF THE BRIDGE TO BE FUNDED FROM THE BRIDGE REPLACEMENT FUNDS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilmember Duitsman indicated that he felt it was a cost of the project and requested the City Administrator to include those costs in the total cost of the pro j ec to Councilmember Duitsman further indicated that the second issue to be considered by the City Council was the street light standards for the Barthel Planned Unit Development. Councilmember Duitsman further indicated that he felt it was the City's responsibility to determine the street light standards, and City Council Minutes January 16, 1984 Page Four 1 further indicated that it was the City's responsibility to pay for the lights rather than the Elk River Utilities. City Administrator indicated that the street lighting is addressed in the developers agreement. The City Admin- istrator further indicated that the developers agreement is waiting approval of Barthel's attorneys. Further discussion was carried on regarding the flip-flop change in the shopping center facility. 10. Change order #3 for Gates Avenue Improvement Project The City Administrator indicated that Change Order #3 was for work related to the Gates Avenue Improvement Project. The City Administrator further indicated that the Change Order represents a variety of miscellaneous items encountered during the construction. The City Administrator indicated that many of the costs were changes and repairs necessary to complete the project. Mayor Hinkle indicated that he understood the problem the Elk River Municipal Utilities has for the additional costs included in the Change Order. Council- member Duitsman indicated that the Water Department is operating on a negative cash balance and does not have $5,000 budgeted for the work related to the Water Department. Mr. Terry Maurer of Consulting Engineers Diversified discussed the various costs related to the Change Order. Mr. Maurer indicated that during the construction, various problems were encountered that needed to be repaired or changed. Mayor Hinkle indicated that the City Council should consider the possibility of problems and changes in water lines or sewer lines in future projects. Mr. Terry Maurer indicated that the City Council should anticipate some of the same kind of problems during the Main Street Construction. COUNCILMEMBER SCHULDT MOVED TO APPROVE CHANGE ORDER #3 FOR WORK RELATED TO THE GATES AVENUE IMPROVEMENT PROJECT, AND TO BILL THE ELK RIVER MUNICIPAL UTILITIES FOR ITEMS 5, 6, 7, 9, 10, AND 11, TOTALING $4,755. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Pay Estimate #5 for the Gates Avenue Improvement Project COUNCILMEMBER GUNKEL MOVED TO APPROVE PAY ESTIMATE #5 FOR THE GATES AVENUE IMPROVEMENT PROJECT IN THE AMOUNT OF $63,401.77. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. ll~ Orono Dam Mayor Hinkle indicated that approximately one and one-halffi years after the dam project was completed, the City received a bill from the engineering firm, CHZM Hill, in the amount of $17,500. Mayor Hinkle indicated that the City has not paid the bill as the City takes the position that the project has been completed and the bill arrived too late. The City Administrator indicated that the bill was for the completion of the asbuilts and the operation manual. The City Administrator further indicated that he felt the Engineers, CHZM Hill, City Council Minutes January 16, 1984 Page Five should not be paid for the bill they submitted, as they did not provide accurate cost estimates, and therefore, the City lost grant money. The City Administrator indicated that the Engineering Firm, has indicated that they will go to court regarding payment of the engineering fees. The City Administrator indicated that the City Attorney has advised the City that he felt the City would have to pay something toward the engineering fee in a court situation. The City Administrator indicated that CH2M Hill has admitted to their mistake in submitting the bill a year and a half later and are willing to cut their fee to $13,800. The City Administrator further indicated that he felt the City Council should offer to pay half of the bill or approximately $9,000. General discussion was carried on regarding the projectiand how the City would pay for the engineering fees. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE A PAYMENT OF $9,000 TO CH2M HILL IN FULL PAYMENT OF THEIR ENGINEERING FEES FOR THE ASBUILTS AND THE OPERATION MANUALS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Administrator's Update A. Chamber of Commerce Meeting The City Administrator indicated that the Chamber of Commerce meeting is scheduled for January 25, at 6:30 p.m. The City Administrator further indicated that there would be a panel consisting of Don Schumacher, the Mayor, and the City Administrator to discuss the progress and the future outlook for the City of Elk River. B. Computer The City that the any day. arrives, Mankato. Administrator indicated that the City has received information computer has been shipped from Texas and should be arriving The City Administrator further indicated that when the computer installation will be scheduled and subsequently training in C. Gospodar Property Purchase The City Administrator indicated that the purchase agreement has been completed to everyones satisfaction and that the abstract is being updated. The City Administrator further indicated that once the abstracts are complete, the County, City, and the Gospodars' can close on the purchase. D. Tele-Con '84 Conference The City Administrator indicated that the first day of the conference is scheduled to provide information and gather thoughts on future outlooks for cities and the country as a whole, and that the second day is scheduled for an exchange of that information with interaction among the conference attendees. , City Council Minutes January 16, 1984 Page Six E. Liquor Profit and Loss Statement and Inventory The City Administrator indicated that the profit and loss statement has been completed for the Liquor Store and that the City Council may review the Liquor Store operations during a workshop session. F. Attendance at Liquor Managers State Conference No action was taken. G. Meetings Schedule The City Administrator indicated that the City Council could finalize the budget at the January 23rd meeting and that the Capitol Improvement Program Meeting could be scheduled for the January 30th meeting. l2~.Mayor's Update Mayor Hinkle indicated that he would be meeting with the City of Big Lake and Monticello's Mayor and City Administrators Wednesday at the River Inn. Mayor Hinkle further indicated that he would like to have the authority to pick up the tab for the luncheon. CoUNCILMEMBER DUITSMAN MOVED TO ANTHoRIZE THE MAYOR TO PAY FOR THE LUNCHEON SCHEDULED AT THE RIVER INN ON WEDNESDAY. CoUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Mayor Hinkle indicated that the airport possibilities would be discussed at the joint meeting. 13. Check Register COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE JANUARY 16, 1984 CHECK REGISTER. CoUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Tentative Agenda The Liquor Store operations and the City budget are tentatively scheduled for the January 23, 1984 City Council meeting. There being no further'business, CoUNCILMEMBER ENGSTROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0.' Qir1i aIDitted. ~ Phyllis Boedighe~ City Clerk/Treasurer