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03-19-1984 CC MIN REGULARLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MARCH 19, 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 4~ - A motion for the warning signals, and Item 5~ - the Masonic Lodge Variance request, were added to the March 19, 1984 City Council agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MARCH 19, 1984 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes of February 27,1984 and March 5, 1984 City Council Meetings COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 27, 1984 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE MARCH 5, 1984 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 4~. Motion for Warning Signals MAYOR HINKLE MOVED TO RECONSIDER THE PROGRAM OF THE INSTALLATION OF WARNING SIRENS IN THE CITY IN THE 1984 BUDGET. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMEMBER DUITSMAN OPPOSED. 5. McChesney Administrative Subdivision Request - Public Hearing Mayor Hinkle indicated that Mr. Jerry McChesney of 1933 6th Lane, has requested an Administrative Subdivision for his property on Meadowvale Road. Mayor Hinkle further indicated that the Administrative Subdivision request is to permit Mr. Mc- Chesney to split a one-acre parcel form an existing 5.3 acre parcel, immediately to the east of McChesney's Industrial Park. Mayor Hinkle indicated that Mr.McChesney's request is consistent with the City's Zoning and Subdivision Ordinances and presents no particular difficulties for the City of Elk River. Mayor Hinkle opened the public hearing. Mr. Jerry McChesney indicated that the particular parcel currently has a house and commercial building on the property and the Administrative Subdivision request is to straighten the property lines to therefore, allow the house to be on one parcel and the commercial property on a separate parcel. City Council Minutes March 19. 1984 Page Two COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. JERRY McCHESNEY FOR HIS PROPERTY ON MEADOWVALE ROAD. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 5~. Masonic Lodge Variance Request - Continued Public Hearing Mayor Hinkle indicated that the Masonic Lodge variance request was a continuation of the public hearing regarding the variance request by the Masonic Lodge to house up to a maximum of four businesses in the building. Mayor Hinkle indicated that on Tuesday. March 6, 1984. the City Council met with representatives of the Masonic Lodge and representatives of the neighborhood to discuss the variance request. Mayor Hinkle indicated that as a result of the meeting, the group came to an agreement on a variety of conditions to be associated with the variance request. Mayor Hinkle indicated that the conditions are listed in the City Administrator's memo to the Mayor and City Council dated March 19, 1984. Discussion was carried on regarding the language in paragraph 4 of the City Administra- tor's memo, discussing the maximum of four businesses or uses. It was the consensus that the alternative of up to four businesses or uses at the Masonic Lodge site to be utilized only in the event that the present Mediscreen use ceases its operation. Discussion was also carried on regarding the sign structure and the possibility of replacing the sign. It was the consensus that the sign could be changed or replaced. Councilmember Gunkel suggested that should Mediscreen shrink its operation and require less rental space. they would the become subject to the restrictions of the variance request as any other busines use would. It was the consensus that Councilmember Gunkel's recommendation be included in the conditions of the variance request by the Masonic Lodge. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE VARIANCE REQUEST BY THE MASONIC LODGE WITH THE CONDITIONS AS STATED IN THE CITY ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED MARCH 19, 1984, AND THE AMENDMENT TO REQUIRE MEDISCREEN, SHOULD THEY DECREASE THEIR RENTAL SPACE TO BECOME SUBJECT TO THE RESTRICTIONS OF THE VARIANCE REQUEST. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Lundberg Variance Request- Public Hearing Councilmember Gunkle indicated that Mr. Cliff Lundberg has requested front and side yard setback variances from the City Code for his property located at 404 Jackson Avenue NW. Councilmember Gunkel indicated that fire destroyed the building on the site which at that time. had zero setbacks. Councilmember Gunkel further indicated that Mr. Cliff Lundberg has contracted Mr. Zack Johnson to design a workable plan for a building on the site. Councilmember Gunkel indicated that because the site is a corner lot. the Code requires front yard setbacks from Jackson Avenue and 4th Street of 15 feet each and the Code further requires that the side yard setbacks also be 15 feet. Councilmember Gunkel indicated that Mr. Lundberg has requested a variance from those setbacks to allow for a front yard setback on Jackson Avenue of 10 feet and a front yard setback on 4th Street of 5 feet, and a side yard setback to the east of the proposed building of 5 feet. Councilmember Gunkel indicated that the Planning Commission reviewed and discussed Mr. Lundberg's request and recommended City Council Minutes March 19, 1984 Page Three that Mr. Lundberg's proposed building had a 7 foot setback from Jackson Avenue, a 5 foot setback from 4th Street and an 8 foot setback on the east side of the property. Councilmember Gunkel indicated that parking requirements were discussed by the Planning Commission and further indicated that the City Code requires 8 parking spaces for a building of 2,500 square feet. Councilmember Gunkel indicated that the Planning Commission recommended 8 parking spaces for the proposed office building and were any use other than retail to be placed in the proposed building, additional parking spaces would be required and that those requirements would have to be met by Mr. Lundberg. Mayor Hinkle opened the public hearing. Mr. Oliver Micheau requested that the City Council require a 10 foot setback from his property on the east side of the proposed building in order to protect the row of trees along his property line. Mr. Ollie Erickson indicated that as a nursery operator, he suggested that the City Council consider the 10 foot setback on the east side and to consider requir- ing that the basement of the proposed building be built by laying the block from the inside. Mr. Cliff Lundberg indicated that he did not care where the building sat on the lot, but he did not want the City Council to cut down the square footage of the building any more than the 2,500 square foot size proposed. Mr. Lundberg also discussed the possibilities of parking in the fire station lot or across the street in the Bookstore parking lot. Mr. Lundberg also discussed the possibility of building the building as a split entry to allow for rental space in the basement. Discussion was also carried on regarding the angle of the building at the corner of Jackson Avenue adn 4th Street to allow for better visibility at the intersection. Discussion was carried on regarding the possibility of allowing a 10 foot setback to the east of the property, a 5 foot setback On Jackson and a 10 foot setback on 4th Street, and therefore, cutting the parking spaces to seven. Mr. Marty Tracy, Chairman of the Planning Commission, indicated that the proposal suggested by the Planning Commission was a compromise between Mr. Lundberg's request and the City Code setback requirements because there is just so much space on the property to work with. Mr. Tracy indicated that the Planning Commission felt 5 feet was just too close to Jackson Street. The City Administrator indicated that if the building were located closer to Jackson Street, it could potentially cause a problem as there is a possibility of Jackson Street being upgraded with a curb and gutter. Discussion was carried on regarding various alternatives to the proposed building front yard and side yard setbacks. Councilmember Gunkel indicated that she felt that the use of the property should be of primary concern, as there really wasn't adequate parking space available. City Council Minutes March 19, 1984 Page Four The City Administrator indicated that Mr. Zack Johnson recommended that the setbacks be 10 feet from Jackson Street, 5 feet from 4th Street and 5 feet from the east property. Mayor Hinkle indicated that he felt if 15 feet were to be taken o~f in the side yard and front yard setbacks, he would rather it would be taken off from the street side rather than from the resident's side. Councilmember Duitsman irldicated that he supported the Mayor's feelings, regarding the side yard and front yard setback requirements. Discussion was also carried on regarding traffic and traffic control in the area. COUNCILMEMBER DUITSMAN MOVED TO APPROVE A VARIANCE REQUEST BY MR. CLIFF LUNDBERG FORA FRONT YARD SETBACK ON JACKSON AVENUE OF SIX (6) FEET AND A FRONT YARD SETBACK ON 4TH STREET OF FIVE (5) FEET, AND A SIDE YARD SETBACK TO THE EAST OF THE PROPERTY OF TEN (10) FEET, WITH THE CORNER OF THE BUILDING CUT OFF AS PROPOSED ON THE DRAWING SUBMITTED WITH THE MEMORANDUM FROM THE CITY ADMINISTRATOR TO THE MAYOR AND CITY COUNCIL DATED MARCH 15, 1984. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER SCHULDT OPPOSED. Discussion was carried on reagrding the use of the basement for rental space and variance to the parking space requirements. Planning Commission Chairman Marty Tracy indicated that the Planning Commission could not make a decision based on "ifs", regarding Mr. Lundberg's request for a parking variance. General discussion was carried on regarding the possibility of the building having a total of 5,000 square feet of rental space rather than a 2,500 square foot building. Councilmember Engstrom indicated that the Planning Commission considered the variance based on one floor of space consisting of 2,500 square feet. It was the consensus that the City Council consider a parking variance when Mr. Lundberg has a definite plan for the site. COUNCILMEMBER DUITSMAN MOVED THAT THE EAST BASEMENT WALL BE BUILT WITHOUT SIGNIFICANT SITE EXCAVATION BY LAYING THE BLOCK FROM THE INSIDE AND THAT THE OWNER, MR. CLIFF LUNDBERG, PROVIDE PROPER WATER DRAINAGE FOR THE SITE.COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Wapiti Park Campgrounds Conditional Use Permit Request - Public Hearing Mayor Hinkle indicated that recently, the City Code was amended to provide that a conditional use permit could be issued in an R-1B Single Family residential zone for campground operations. Mayor Hinkle further indicated that Mr. Roger White of Wapit- Park Campgrounds, has requested a conditional use permit for the campground located at 18746 Troy Street. Mayor Hinkle indicated that the Planning Commission reviewed the conditional use request at their February 28th meeting and voted unanimously to grant a conditional use permit, based upon the following conditions: 1) That a private road agreement be entered into between Mr. White and the City of Elk River for access to the property. 2) That the number of campsites within the property be established at 109, with 20 tent sites and that no additional campsites be permitted. City Council Minutes March 19, 1984 Page Five 3) That the hours of the campground operation be from 8:00 a.m. to 11:00 p.m. 4) That only minor maintenance and repair of recreational vehicles which is re~ stricted to customers or campers on the site be permitted at the Wapiti facility. 5) That the store and restaurant on the existing site be used primarily for in- dividuals utilizing the campground facility and that the store and restaurant not be expanded; and 6) That the permit be reviewed every two years. Mayor Hinkle opened the public hearing. Mr. Don Britts, a neighboring property owner, expressed his concern that the City Council would not grant him a permit to have a consignment sale business and yet would allow a compground which would create more traffic than his consignment busi- ness. Mayor Hinkle indicated that the campground was allowed as a conditional use in the current zoning, whereby the consignment sale business was not allowed in the current zoning. Mr. Ron Crapser asked the City Council to consider the extended use of the campground facility by allowing a convenience store. Mr. Mike Clems, a resident on the existing road to the campground, expressed his concern of the condition of the road and requested that the City consider taking over the road. Discussion was carried on regarding a private road agreement. Mr. Don Britt in- dicated that he owned the easement that the property was on and. further indicated that there were other homeowners on the road. Discussion was also carried on re- garding the private road agreement and should Mr. White not perform the maintenance. on the road, the City would and who would pay for those costs. Mr. Roger White indicated that he has maintained the road for ten years. Mr. White further indicated that he has tried to take care of the large pothole or sink hole and has brought in loads of gravel to fill the hole. Mr. White further indicated that once a year, a grader comes in to work the road. Mr. Clems indicated that he appreciated the work Mr. White has done on the road and volunteered his help to work with Mr. White to continue to maintain the road. The City Administrator indicated th~t in the Building and Zoning Administrator's memo to the Planning Commission, the Building and Zoning Administrator expressed the concern of the length of stay of individuals in the campgrounds. The City Administra- tor indicated that the City Council should address this issue, as the campground is not a year-round facility. The City Administrator indicated that the City staff suggests that the City Council make as a condition of the conditional use, that individuals may utilize the Wapiti Park Campground from May 1st through September 30th City Council Minutes March 19. 1984 Page Six for an unrestricted length of time and in the other months. the stay be limited to a two week maximum. Mr. Marty Tracy. Planning Commission Chairman. indicated that the Planning Com- mission did discuss the conditions regarding length of stay. and further indicated that the City staff's proposal would be acceptable to the Planning Commission. as their intent was to not allow full-time residents. Discussion was carried on regarding the length of time for the limited stay. Councilmember Duitsman indicated that he felt he could approve a limited stay of 3 or 4 weeks during the off-season. CouncilmemberSchuldt indicated that if the City Council would approve a limited stay of 3 to 4 weeks, a resident could potentially live there from April 1st to November 1st. Mr. Roger White indicated that they have many requests for construction workers that may be working in the area to stay for extended periods of time. whether it be the summer season or the off season. Mr. White indicated that if they were not allowed to stay at his campground, it would cut his business and he would not be able to continue. Mr. Rick Breezee, Building and Zoning Administrator, indicated that the type of camping facilities these people stay in are not built to code for home residence, and further indicated that if the City would allow year-round full time residents, the City would have some responsibility regarding safety requirements. Mr. Rick Breezee indicated that there are minimum building code requirements that the State requires, which the campers and recreational vehicles do not meet. Further discussion was carried on reg~rding the type of campers and the HUD standards required for permanent housing with regard to the construction, plumbing and heating of the campers and recreational vehicles. Marty Tracy indicated that allowing full-time residency was not within the spirit of the ordinance. Mr. Tracy indicated that a campground recreational facility WaS allowed as a conditional use in the ordinance and further indicated that full-time residency would not be the intent. Mayor Hinkle suggested that the language of the conditional use permit read "no temporary or long-term housing" allowed. Discussion was carried on regarding various language that could be used to specify the intent of the ordinance and the City Council. Further discussion was carried on regarding year-round camping facilities. Mr. Rick Breezee, Building and Zoning Administrator, again expressed his concern that the facilities do not meet minimum standards and if the City Council would allow full-time residents in the campground, he would have a very difficult time enforcing the City ordinances, as anyone could place a camper/trailer on five acres of property and live there. The City Administrator indicated that the Planning Commission did not address the keeping of horses at the campground facility. The City Administrator further indicated that the City staff is suggesting that the City Council make a specific requirement that the horses housed at the Wapiti Park be kept in such a manner that they do not provide a nuisance to any neighboring property, as would be defined in the City's nuisance ordinance. City Council Minutes March 19, 1984 Page Seven COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY MR. ROGER WHITE FOR A CAMPGROUND FACILITY LOCATED AT 18746 TROY STREET, WITH THE FOLLOWING CONDITIONS: 1) THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. WHITE AND THE CITY OF ELK RIVER FOR ACCESS TO THE PROPERTY; 2) THAT THE NUMBER OF CAMPSITES WITHIN THIS PROPERTY BE ESTABLISHED AT ONE HUNDRED NINE (109) WITH TWENTY (20) TENT SITES AND NO ADDITIONAL CAMPS+TES BE PERMITTED; 3) THAT THE HOURS OF THE CAMP OPERATION BE FROM 8:00 A.M. TO 11:00 P.M.; 4J THAT ONLY MINOR MAINTENANCE AND REPAIR OF RECREATIONAL VEHICLES WHICH IS RESTRICTED TO CUSTOMERS OR CAMPERS ON THE SITE BE PERMITTED AT THE WAPITI FACILITY;: 5) THAT THE STORE AND RESTAURANT ON THE EXISTING SITE. BE USED PRIMARILY FOR INDIVIDUALS UTILIZING THE CAMPGROUND FACILITIES AND THAT THE STORE AND RESTAURANT NOT BE EXPANDED; 6J THAT THE PERMIT BE REVIEWED EVERY TWO YEARSi 7) THAT THE HORSES HOUSED AT THE SITE BE KEPT IN SUCH A MANNER THAT THEY DO NOT PROVIDE A NUISANCE TO ANY NEIGHBORING PROPERTY AS DEFINED IN THE CITY'S NUISANCE ORDINANCE} AND THAT THE PUBLIC HEARING BE CONTINUED TO REVIEW AND CONSIDER THE LENGTH OF STAY OF CAMPERS AT THE WAPITI FACILITY. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Lockwood Variance Request - Public Hearing Councilmember Engstrom indicated that Mr. Ken Lockwood of 13616 192nd Avenue NW has requested a variance to the City Ordinance regarding minimum setbacks for agricultural buildings. Councilmember Engstrom indicated that Mr. Lockwood has requested a variance, as he neglected to obtain a building permit for construction of a metal-skinned agricultural building and therefore, placed the building on the old building site which encroaches 425 feet into the required 600 foot minimum setback requirements. Councilmember Engstrom indicated that the Planning Com- mission reviewed and discussed the findings necessary and found that they could grant Mr. Lockwood the variance with specific conditions. Councilmember Engstrom further indicated that the conditions recommended by the Planning Commission were that Mr. Lockwood clean up the entire area and that his variance be reviewed yearly. Mayor Hinkle opened the public hearing. Mr. Ken Lockwood indicated that he had started the construction of the building a number of years ago, that the poles were set, and that he did not know about the City's setback requirements. Discussion was carried on between the City Council and Mr. Lockwood regarding the construction of the new barn and the cleanup of his property. " City Council Minutes March 19, 1984 Page Eight Mr. Rick Breezee, Building and Zoning Administrator, indicated that he was in- formed by a reputable contractor in town that the contractor had informed Mr. Lockwood of the 600 foot setback requirement. Mr. MacBeth, a resident in the area, indicated that he felt the new barn was an improvement to the property and therefore, was in favor of the variance request. Planning Commission Chairman, Marty Tracy, indicated that based upon the exten- uating circumstances; that Mr. Lockwood had already constructed his barn and that he has been farming at the present location for qUlte some period of time, the Planning Commission could grant the variance request. Councilmember Gunkel indicated that Mr. Lockwood has approximately 27 acres of property and therefore, many options to the placement of his barn. Council- member Gunkel further indicated that the City Council has been faced with similar situations and has .denied the variance request. Councilmember Gunkel further indicated that granted, the new barn is an improvement to the property, in her opinion, the variance does not meet the five requirements. Planning Commission Chairman Marty Tracy, indicated that the variance request was after the fact and that the Planning Commission made their judgement based on the fact that the poles were there prior to the adoption of the minimum setback ordinance. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE VARIANCE REQUEST BY MR. KEN LOCKWOOD OF 13616 192ND AVENUE NORTHWEST FOR CONSTRUCTION OF A BARN AND THE CONTINUATION OF A HAYSHED WITH THE CONDITIONS THAT MR. LOCKWOOD CLEAN UP THE ENTIRE AREA AND THAT THE VARIANCE BE REVIEWED YEARLY. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER GUNKEL OPPOSED. 9. Transient Merchant License Application - Public Hearing Mayor Hinkle indicated that Mr. John Wahl of 15403 Sunfish Lake Boulevard, Anoka, has requested a transient merchant license to sell flowers on the corner of Highway #10 and Jackson Avenue. Mayor Hinkle further indicated that he had concerns regarding the request as the intersection of Highway #10 and Jackson is one of the major intersections of the City and therefore, a very busy, heavily traveled intersection. Mr. Wahl indicated that the Chief of Police indicated that he did not have a problem with his request. Mr. Wahl further indicated that he has sold flowers at that location for the past two years. Mr. Wahl questioned the possibility of selling flowers on the Boelter property if he could not sell at the Highway #10 and Jackson location. Further discussion was carried on regarding the specific location requested by Mr. Wahl. It was determined that Mr. Wahl's intent was to sell flowers at the northwest intersection of Highway #10 and Jackson in the City's parking lot. The City Administrator indicated that he felt the request was for a very busy intersection in the City of Elk River and that it would be poor public policy to allow a transient merchant a license for that intersection. City Council Minutes March 19, 1984 Page Nine Councilmember Engstrom indicated that he felt selling flowers along the roadside was a nice gesture and would remind many people to remember their mothers and wives. Mr. Wahl indicated that his request for the transient merchant was for the weekend of Palm Sunday, Easter Sunday and Mother's Day. Mr. Wahl further indicated that he would make sure that people did not park on Highway #10 and · that they would use the parking lot when purchasing his flowers. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE FOR MR. JOHN WAHL TO SELL FLOWERS AT THE NORTHWEST CORNER OF HIGHWAY #10 AND JACKSON AVENUE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Licenses for Wapiti Park Campgrounds A. Mechanical Amusement Device License The City Administrator indicated that the operators of Wapiti Park have re- quested permission to .have a license for a total of eight devices composed of 4 video games, 2 pinball machines and 2 coin-operated pool tables. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE AMUSEMENT DEVICE LICENSE FOR THE WAPITI PARK CAMPGROUND. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. B. 3.2 Percent on and Off Sale Beer License The City Administrator indicated that the Whites have requested a 3.2 percent off-sale beer license and a 3.2 percent on-sale beer license to be sold in conjunction with their convenience store at Wapiti Campgrounds. Discussion was carried on regarding the sale of beer at the campground facility. Council- member Gunkel indicated that she did not have a problem with the off-sale but did not feel it was necessary to sellon-sale beer at the store. Mr. Roger White indicated that they have had an on-sale and off-sale 3.2 beer license for the past 10 years. COUNCILMEMBER SCHULDT MOVED TO APPROVE A 3.2 PERCENT BEER ON AND OFF SALE LICENSE FOR THE WAPITI PARK CAMPGROUND. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER GUNKEL OPPOSED. C. Regular On-Sale and Sunday On-Sale Liquor License The City Administrator indicated that in the past, liquor licenses have been issued to facilities which are generally open to the entire public and designed to attract individuals from virtually any place within or even outside the City of Elk River. The City Administrator further indicated that the approval of the conditional use for a campground facility at Wapiti Park is not the intent to encourage the general public to come to the campground. Therefore, it is recommended that the City Council deny the regular on-sale liquor license and Sunday liquor license. COUNCILMEMBER DUITSMAN MOVED TO DENY THE ON-SALE LIQUOR LICENSE AND REGULAR ON-SALE SUNDAY LIQUOR LICENSE TO WAPITI PARK CAMPGROUNDS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes March 19, 1984 Page Ten 11. Consider First Issue of City Newsletter The City Administrator requested comments from the City Council regarding the list of articles as suggested for publication in the first City newsletter, as stated in his memo to the Mayor and City Council dated March 15, 1984. Councilmember Engstrom indicated that he felt the list of articles were a good selection of items to be covered in the City's newsletter. It was the consensus that the City Council would decide on a name at a later date. 12. Dino's Pizza License Mayor Hinkle indicated that over the past several months, the City has attempted without success, to license the mechanical amusement devices at Dino's Pizza and further indicated that as Dino's Pizza has not acknowledged the City's request for licensing, it is recommended that the City Council suspend the 3.2 percent beer license. Councilmember Schuldt indicated that the City Council does not have any other choice, as Dino's Pizza is in violation of the City's Code of Ordinances. COUNCILMEMBER SCHULDT MOVED TO IMMEDIATELY SUSPEND THE 3.2 PERCENT BEER LICENSE FOR DINO'S PIZZA, PENDING A PUBLIC HEARING DATE FOR CONSIDERATION OF REVOCATION OF THE ON-SALE BEER LICENSE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Municipal Liquor Store Facility and Manager Mayor Hinkle indicated that as there is a vacancy at the liquor store with the discharge of the liquor store manager, the City Council should consider the question of whether or not the City should remain in the municipal liquor store business, and if so, the City Council must address the vacancy of the liquor store manager position. Councilmember Gunkel indicated that she did question why the City was in the liquor store business, as it appeared certain functions of the City are in con- tradiction with each other; specifically, the liquor store and the police depart- ment. Councilmember Schuldt indicated that he felt if the City owned the municipal liquor store, the City could therefore have more control of liquor sold within the City of Elk River. Discussion was carried on regarding control of a municipal liquor operation. Councilmember Engstrom indicated that he felt that the selling of the municipal liquor store may be premature, as the Barthel planned unit development seems to be progressing and that may, in turn, bring more business to the municipal liquor store. Discussion was also carried on regarding the philosophical aspect of cities owning liquor stores. Mayor Hinkle questioned the possibility of selling the municipal liquor store and using the funds to loan out at lower interest rates for various development projects in the City of Elk River. City Council Minutes March 19, 1984 Page Eleven Councilmember Duitsman indicated that he felt it would be difficult to pick and choose who would receive that funding at low interest rates. Councilmember Duitsman further indicated that he felt the City should continue in the municipal liquor store business at this time. Mayor Hinkle indicated that the City Administrator has recommended that the City Council meet with Mike Donais, the acting liquor store manager, to discuss the liquor store management position. Mayor Hinkle further indicated that the City personnel ordinance of the City Code states that it shall be a policy to fill vacancies in the municipal service by promotion of permanent employees. Councilmember Schuldt indicated that he felt in all fairness to the citizens of the City of Elk River, the City should receive and review applications for the liquor store manager position. Councilmember Schuldt further indicated that the City Council should decide whether they are going to receive applications or not before meeting with Mike Donais, the acting liquor store manager. Discussion was carried on regarding the City's personnel policy to promote from within versus the City giving others a chance by receiving and reviewing appli- cations. Councilmember Gunkel felt that if Mr. Mike Donais had the position of assistant liquor store manager, the City Council had already given him a vote of confidence with that title, and therefore, it seemed appropriate that he should be promoted to the manager position and placed on a probationary period to prove his capabilities. Councilmember Schuldt indicated that he did not feel it was a City policy to promote from within, as the City did not do so when the police chief was hired or when the street superintendent was hired. The City Administrator indicated that in both examples Councilmember Schuldt mentioned, the circumstances were different, as there was not an assistant police chief or an assistant street superintendent. Mayor Hinkle suggested that the City Council interview Mr. Mike Donais first and should he prove satisfactory as a liquor store manager, the City Council could set a probationary period for that position. Councilmember Schuldt indicated that he felt the City should receive and review applications, therefore, eliminating any cloud that may be over Mr. Mike Donais' head, regarding the removal of the liquor store manager. Councilmember Schuldt indicated that it would clear the air. Councilmember Gunkel indicated that Councilmember Schuldt's suggestion could also be con- sidered an exercise to cover up. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE CITY TO ADVERTISE FOR APPLICANTS FOR THE LIQUOR STORE MANAGER POSITION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION FAILED 2-3. COUNCILMEMBERS GUNKEL AND ENGSTROM OPPOSED. MAYOR HINKLE OPPOSED. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE POLICY OF INTERVIEWING THE ASSISTANT LIQUOR STORE MANAGER FOR THE LIQUOR STORE MANAGEMENT POSITION PRIOR TO CON- SIDERATION OF ADVERTISING FOR APPLICANTS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMEMBER SCHULDT AND DUITSMAN OPPOSED. City Council Minutes March 19, 1984 Page Twelve 14. Planning Commission Vacancy The City Administrator indicated that Mr. DarrellWard has resigned from the City Planning Commission because he will be leaving the City of Elk River. Councilmember Schuldt indicated that Ward 4 did not have a representative on the Planning Commission and recommended that Councilmember Gunkel from Ward 4 bring a recommendation to fill Mr. Darrell Ward's position. COUNCILMEMBER ENGSTROM MOVED TO ACCEPT THE RESIGNATION OF MR. DARRELL WARD FROM THE PLANNING COMMISSION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4~0. 15. Administrator's Update A. 2l8th Road Petitions The City Administrator indicated that residents on 2l8th Avenue N.W. have indicated that they are interested in the City of Elk River taking over 2l8th. It was the consensus of the City Council that the City Administrator set up a committee meeting with the residents of 2l8th and the City Council. B. Administrator's Seminar The City Administrator indicated that he is requesting approval to attend a seminar on evaluating developer proposals. The City Administrator further indicated that the program appears to be very informative, with a professional faculty and timely to Elk River. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO ATTEND THE DEVELOPER PROPOSAL SEMINAR. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Library Bulletin Board The City Administrator indicated that City staff is reviewing various possibilities for a cork board to be used at the library for City Council meetings. It was the consensus that the City Administrator make a decision regarding a type of cork bulletin board. D. Highway #10 and Main Street Improvement Project The City Administrator indicated that he has met with the City's engineer, John Gilbertson of Consulting Engineers Diversified, and representatives from Mn/Dot regarding the Highway #10 improvement project. The City Administrator indicated that Mn/Dot plans to do most of the Highway #10 improvement project in 1985, and further indicated that the City is responsible for the street lighting along Highway #10. The City Administrator further indicated that Mn/Dot would proceed with the Proctor signal light request. The City Administrator indicated that the City could get approx- imately80 percent of the cost of the street light from federal dollars and the balance would be split between the State, City and County. The City City Council Minutes March 19, 1984 Page Thi:(teen Administrator indicated that the State needs a letter to get the process started. It was the consensus of the City Council to authorize the City Administrator to send a letter to Mn/Dot requesting the Proctor signal lights. E. Street Lighting The City Administrator indicated that there is a federal aid urban fund that is basically the same as MSA funds on a federal level. The City Administrator indicated that at the present time, there is approximately $90,000 allocated to the City of Elk River, once the City sets up a federal aid urban system. Mr. John Gilbertson, City Engineer from Consulting Engineers Diversified, indicated that the FAU fund is basically the same as a municipal state aid fund, but because it is federal, requires more red tape, and therefore, should be kept separate from state aid funds. Mr. Gilbertson indicated that it appears the City could fund the street lighting along Highway no from the Federal Aid Urban fund. Mr. Gilbertson indicated that the City would have to adopt two resolutions; one setting up Federal Aid Urban boundaries and another, designating Federal Aid Urban streets. Mr. Gilbertson indicated that Mn/Dot requires street lighting from approximately P:(octor Street past City Hall, and that the estimated cost of the street lighting is $41,000. Mr. Gilbertson further indicated that the City Council must decide on the lighting standards for Highway #10, as Mn/Dot needs to have that information in the development of the plans for the improvement of Highway #10. General discussion was carried on regarding various lighting standards. COUNCILMEMBER DUITSMAN MOVED TO APPROVE RESOLUTION 84-4, A RESOLUTION ESTABLISHING THE BOUNDARIES OF THE URBAN AREA FOR THE FEDERAL AID URBAN SYSTEM. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 84-5, A RESOLUTION ESTABLISHING THE URBAN FUNCTIONAL CLASSIFICATION PLAN AND THE FEDERAL AID URBAN SYSTEM. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. F. Gravel Legislation The City Administrator indicated that there is some legislation in the state legislature at the present time that would remove certain counties from implementing a gravel tax. The City Administrator further indicated that one of the bills proposed would have left Sherburne County as an island county charging gravel tax. The City Administrator indicated that representative Marcus Marsh from St. Cloud, has proposed a bill that would remove one township in the St. Cloud area from the counties implementing gravel tax. It was the consensus of the City Council to go on record approving the release of the one township in the St. Cloud area from the counties im- plementing a gravel tax. G. Municipal's Annual Spring Banquet The City Administrator indicated that secretaries have requested approval City Council Minutes March 19, ),984 Page Fourteen to attend the Munici-Pals annual spring banquet. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ATTENDANCE OF THE FOUR SECRETARIES AT THE ANNUAL SPRING BANQUET. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3~1. COUNCILMEMBER DUITSMAN OPPOSED. 16. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MARCH 19, 1984 CHECK REGISTER. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Tentative Agenda for the March 26, 1984 City Council Meeting. A presentation by Mark Hurd Aerial and a meeting with the Hockey Association are items tentatively scheduled for the March 26, 1984 City Council meeting. There being no further business, COUNCILMEMBER GUNKEL MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, @~~~ Phyllis Boedigheimer City Clerk/Treasurer PB:dk