03-05-1984 CC MIN
REGULAR WEEKLY SCHEDULED MEETING OF THE
ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
MARCH 5, 1984
Members Present: Mayor Hinkle, Councilmembers Engstrom, Duitsman, Schuldt and Gunkel
Members Absent: None
1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle.
2. Agenda
Item IIG. - Star Cities Project, was added to the March 5, 1984 City Council agenda.
COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MARCH 5, 1984 CITY COUNCIL AGENDA AS
AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0.
3. Minutes
COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 21, 1984 CITY
COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0.
4. Open Mike
Mr. Tom Eckdahl questioned the possibility of the City changing the speed zone on
Highway #10 West. The City Police Chief, Mr. Tom Zerwas, indicated that the State
controls the speed zone on Highway #10 and further indicated that the City could
request the State of Minnesota to review the speed zone.
General discussion was carried on regarding the pedistrian traffic along Highway
#10 and the need for the slower speed zone to extend further west.
Mayor Hinkle indicated that he felt a signal at Proctor and Highway #10 would help
the speed situation.
5. C-3B Zoning Classification Land Use and Zoning Map Amendment - Public Hearing
Mayor Hinkle indicated that the Planning Commission and City Council met jointly to
review the zoning needs of the City of Elk River in the southeastern corner of
the City and to discuss the location of the newly created C-3B zone. Mayor Hinkle
indicated that the biggest change was to the property owned by Cargill Research
Farm and the property owned by Mr. Phil Katness, as this property is presently zoned
I-I and 1-2 and the new zoning map shows them rezoned primarily to A-I Agricultural.
Mayor Hinkle further indicated that a C-3B zone is proposed for the most southeast-
erly corner of the City along Highway #10.
Mayor Hinkle opened the public heatKng.
Mr. Ernie Goldemann, representative from Cargill, questioned the A-I zone for the
development of plats for residential. Mayor Hinkle indicated that the City re-
quires a plat to have minimum two and one-half acre lots in an unseweredarea.
Ms. Bonnie Eckdahl questioned the possibility of the City Council considering a
day care center as a conditional use in the C-3B zone. Mayor Hinkle indicated
City Council Minutes
March 5, 1984
Page Two
that she would have to approach .the Planning Commission first, to consider the
possibility of including a day care center in a C-3B zone. Ms. Eckdahl in-
dicated that she was interested in some property in the C-3B zone to establish
a preschool and daycare center. Discussion was carried on regarding the
zoning of Erwin Specht's property at the intersection of 165th Street and
Highway #10. Mayor Hinkle indicated that the new proposed zoning map showed
a small corner section of the Specht property to remain I-I and further indicated
that the City Administrator proposed the C-3 zone to extend to include the
northeast corner of the intersection of Highway #10 and 165th Street.
Discussion was carried on regarding the proposed extension of the proposed C-3
zone.
Mr. Erwin Specht indicated that he wanted his property to remain zone I-I as
proposed.
Mr. Tom Woods, representative of the Kelly Farm, questioned what was allowed
in an I-I zone. Discussion was carried on regarding the uses in an I-I zone
and the uses and conditional uses for a C-3B zone.
Mayor Hinkle closed the public hearing.
Discussion was carried on regarding the new zoning map as proposed in the City
Administrator's memo to the Mayor and City Council dated March 2, 1984.
Councilmember Schuldt indicated that he did not have a problem with changing
the I-I and 1-2 zoning to A-I zone as proposed on the zoning map, but was
still against the C-3B zone for all the same reasons expressed in earlier
discussions.
COUNCILMEMBER DUITSMAN MOVED TO AMEND THE CITY'S ZONING MAP AS PROPOSED IN
THE CITY ADMINISTRATOR'S MEMORANDUM TO THE MAYOR AND CITY COUNCIL, WITH THE
EXCEPTION OF ITEM 1 - THE C-3 ZONE BE EXTENDED TO INCLUDE THE NORTHEAST COR-
NER OF THE INTERSECTION OF HIGHWAY #10 AND 165TH STREET. COUNCILMEMBER
ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMEMBER SCHULDT
OPPOSED.
6. On Sale Wine and 3.2 Beer License for Plude's Eatery
Mayor Hinkle indicated that David Plude of Plude's Eatery has requested an on-
sale and 3.2 beer license for his business located at the Kemethese Motel.
Mr. David Plude indicated that he has checked with the State regarding a
setup license as well.
COUNCILMEMBER GUNKEL MOVED TO APPROVE AN ON-SALE WINE AND A 3.2 BEER LICENSE
FOR DAVID PLUDE OF PLUDE'S EATERY. COUNCILMEMBER DUITSMAN SECONDED THE MOTION.
THE MOTION PASSED 4-0.
7. Metropolitan Race Track Association Resolution
Mayor Hinkle indicated that the City of Elk River has been contacted by the
North Star Race Track Association to consider the adoption of a resolution
City Council Minutes
March 5, 1984
Page Three
expressing the City of Elk River's support for a race track facility to be
located in the City of Blaine. Mayor Hinkle indicated that he felt the
location of the racetrack facility in the City of Blaine would be more
beneficial to the City of Elk River than any other proposed location in the
metropolitan area.
Councilmember Engstrom indicated that he was in support of a facility located
closer to the City of Elk River, as the City may receive spinoff benefits
from the race track facility.
Councilmember Schuldt indicated that he was in support of a racetrack facility
to located in the proposed location closest to the City of Elk River.
COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 84-3, A RESOLUTION SUPPORTING
THKLOCATION OF A RACING FACILITY IN THE CITY OF BLAINE. COUNCILMEMBER ENGSTROM
SECONDED THE MOTION. THE MOTION PASSED 4-0.
8. VFW Temporary 3.2 Beer License and Gambling License
Mayor Hinkle indicated that the VFWPost #5518 is requesting a temporary 3.2
beer on-sale license and a temporary pull-tab gambling license for June 30th
and July 1st, in conjunction with a soccer tournament to be held in the City
of Elk River.
Discussion was carried on regarding the reasons for the pull-tab gambling
license. Representatives of the VFW indicated that the VFW supports various
youth athletics and the pull-tab gambling license is simply to make money to
support those activities.
The City Chief of Police, Mr. Tom Zerwas, indicated that he did not have a
problem with the temporary gambling license request.
Mr. Jim Hesselgrave, representative of the VFW, indicated to. the City Council
that as the Elk River VFW does not have a post home and they are sponsoring
the soccer tournament, they have requested the use of the Sherburne County
Fairgrounds and the high school soccer fields for the tournament. Mr.
Hesselgrave indicated that the proceeds of the tournament will be used to
support youth athletics.
COUNCILMEMBER DUITSMAN MOVED TO APPROVE A TEMPORARY 3.2 BEER LICENSE AND A
TEMPORARY PULL-TAB GAMBLING LICENSE FOR THE VFW POST #5518. COUNCILMEMBER
ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0.
9. Mechanical Amusement Device License for Elk River Youth Hockey Association
The City Clerk indicated that the Elk River Youth Hockey Association has re-
quested that the City Council consider a temporary amusement device license
for the video game machines located at the hockey arena. The City Clerk in-
dicated that the Hockey Association has indicated that the arena is open from
November through March and therefore, feel that they should not pay a full
annual fee for the game machines.
City Council Minutes
March 5, 1984
page Four
Councilmember Gunkel indicated that she felt the licensing of the video game
machines located at the hockey arena does not fit the temporary license as
used in Section 710.08, Sub. 2 of the City Code, and therefore, suggested
that the City Council perhaps consider the pro-rating of the license.
Mayor Hinkle indicated that he felt the Hockey Association should pay the
annual license fee, as it was not a temporary situation.
Councilmember Engstrom indicated that he felt the fee should be pro-rated, as
it was a non-profit organization, specifically for youth activities.
Mr. Bob Straw indic~ted that generally, vendors, owners of the machines pay
for the license rather than the place of location of the machines.
COUNCILMEMBER GUNKEL MOVED TO DENY THE TEMPORARY AMUSEMENT DEVICE LICENSE
REQUEST AND TO ISSUE AN AMUSEMENT DEVICE LICENSE FOR THE THREE VIDEO GAMES
LOCATED AT THE HOCKEY ARENA FOR THE FULL ANNUAL FEE OF $35.00 PER MACHINE.
COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0.
10. Sale of City Property on Highway #169
Mayor Hinkle indicated that several council meetings ago, the question of
whether or not to sell the City-owned property on Highway 11169 was raised,
and at that time, the City Council indicated that they would prefer to discuss
the matter more fully at a separate time. Mayor Hinkle indicated that the
property could be used for dirt or gravel and further indicated that he felt
the City Council should not consider selling the property until there was
a need to sell.
Councilmember Duitsman indicated that he felt the City Council should wait
until the municipal feasibility study is completed before the consideration of
selling the property on Highway #169.
Councilmember Schuldt indicated that he felt the property on Highway #169 was
prime property and that the City should not consider selling until there was
a need.
COUNCILMEMBER DUITSMAN MOVED TO NOT CONSIDER THE SALE OF THE HIGHWAY #169
PROPERTY AT THIS TIME. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE
MOTION PASSED 4-0.
11. Administrator's Update
A. Cable Television Proposals
The City Clerk indicated that the Cable Television Commission is in the
process of reviewing the bids submitted on the Cable Television pro-
posals ~nd that the City Administrator would have a further report.
B. fIlOl Bridge
The City Clerk indicated that there were no new developments on the #101
Bridge and the proposal to save a portion of the bridge.
City Council Minutes
March 5, 1984
Page Five
C. Chief's Spring Conference
Mayor Hinkle indicated that the City Administrator has recommended that
the Police Chief and the Sergeant be authorized to attend the Spring
Training Institute for police chiefs.
Discussion was carried on regarding the number of concurrent sessions
at the conference and the necessity of the Sergeant to attend the full
institute. The Police Chief, Tom Zerwas, indicated that he worked very
closely with the Sergeant, Jeff Beahen, on various policy issues, and
further indicated that the institute would be very beneficial to the
Sergeant as well. Chief Zerwas further indicated that the State of
Minnesota implemented a ten percent surcharge on fines which they
return back to the City to be used for training programs. Chief ZerwaS
indicated that the City of Elk River received approximately $1,200 in
1983 for training.
Discussion was c.arried on regarding the policy of allowing other than
department heads to attend various institutes, seminars and conferences.
COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE ATTENDANCE OF THE POLICE
CHIEF AND THE SERGEANT AT THE SPRING TRAINING INSTITUTE FOR POLICE
CHIEFS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED
4-0.
D. Computer
The City Clerk indicated that she and the bookkeeping clerk have attended
school in Mankato for the implementation of the accounts payable system
and the fund accounting system, and further indicated that the accounts
payable and fund accounting applications are now on the computer and ready
for testing.
E. Swanson/Spring Lake Park Lawsuit
Mayor Hinkle indicated that the City of Elk River has been named as third
party to the lawsuit against Craig Swanson and the City of Spring Lake
Park brought by one of the families of one of the daughters killed on
Highway #10.
F. Material for the March 6th Meeting
Mayor Hinkle indicated that the memo from the City Administrator to the
Mayor and City Council would be sufficient material for discussion at the
March 6th meeting with the representatives of the Masonic Lodge and
representatives from the neighborhood.
G. Dahlberg Case
The City Clerk indicated that Mr. Dave Dahlberg withdrew his appeal for
unemployment compensation benefits based upon his attorney's recommendation.
City Council Minutes
March 5, 1984
Page Six
H. S tar Cities
The City Clerk indicated that a task force meeting of the Star Cit:ies was
scheduled for Thursday, at 4:00 p.m. to discuss the progress of the
committees on the Star Cities Project.
12. Check Register
Discussion was carried on regarding Check #31286 to Publicorp, Inc. for a
seminar entitled, "Analyzing Development Proposals." Police Chief Tom
Zerwas, requested that the City Council determine a policy regarding attend-
ance at seminars, conferences, and institutes.
COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MARCH 5, 1984 CHECK REGISTER,
ELIMINATING CHECK #31286. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE
MOTION PASSED 4-0.
13. Tentative Agenda
Committee Session discussing Mayor's concerns regarding the City Council's
leadership roles within the City of Elk River is tentatively scheduled for
the March 12, 1984, City Council Meeting.
There being no further business, COUNCILMEMBER DUITSMAN MOVED THAT THE MEETING BE
ADJOURNED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0.
~41L ~itted; ~
Phyllis Boedighe~
City Clerk/Treasurer