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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