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09-06-1984 CC MIN ~ REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, SEPTEMBER 6, 1984 Members Present: Mayor Hinkle, Councilmembers Schuldt, Gunkel and Engstrom Members Absent: Councilmember Duitsman 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 9~ Heavenly Hills and Brentwood Roads, 10~ the Downtown Park, and ll~ Gambling License for the Fire Department were items added to the September 6, 1984 City Council Agenda. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE SEPTEMBER 6, 1984 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 3 . Minutes COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF THE AUGUST 20, 1984 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 4 . Open Mike Mr. Dennis Mortensen of A & K Railroad Materials appeared before the City Council regarding the possibility of stockpiling salvage material from the railroad line between Elk River and Zimmerman on a site across the street from the Industrial Park. Mr. Mortensen indicated that he has contracted to remove the railroad line from Elk River to Zimmerman and needs a place to stockpile the material until it can be graded and shipped. Mr. Mortensen indicated that he has received approval from John Nord to use his property which is across the street from the Industrial Park. Discussion was carried on regarding the type of material to be stockpiled, and the length of time. Mr. Mortensen indicated that he would be stockpiling the railroad ties and the rails until they could be shipped and further indicated that the project should be completed by next fall. Mayor Hinkle indicated that Mr. John Nord indicated that he would be willing to allow Mr. Mortensen to use his property for stockpiling but did not want a zone change in order to allow it to be done. Discussion was carried on regarding the type of operation Mr. Mortensen is proposing. Mr. Paul Carton indicated that he did not have a problem with Mr. Mortensen's proposal. General discussion was carried on regarding the use and the zoning of the property, and the possibility of the Burlington Northern actually taking the tracks out rather than contracting it to be done. ----, City Council ~inutes September 6, 1984 Page Two Discussion was carried on regarding the use of the right-of-way of the Burling- ton Northern Railroad. General discussion was carried on regarding the means by which Tescom was able to use the High School until their building was built in the Industrial Park. Further discussion was also carried on regarding the rail- road operation and the definition of essential services in the City's Zoning Ordinance. COUNCILMEMBERENGSTROM MOVED TO INTERPRET THE CITY'S ZONING ORDINANCE TO CON- SIDER RAILROAD OPERATION AS ESSENTIAL PUBLIC SERVICE OPERATIONS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Discussion was carried on regarding the posting of signs in the stockpiling area. Mr. Mortensen indicated that they would have warning signs and no trespassing signs posted around the area. 5. Berglove Administrative Subdivision Request - Public Hearing The City Administrator indicated that Mr. Berglove of 18860 Concord Street has requested an administrative subdivision for two parcels of property he owns in the Westwood Subdivision. The City Administrator indicated that Mr. Berglove Owns lots 2 and 3, Block 5, Westwood Subdivision and is requesting permission to extend the property boundaries to the ~horeline. Mayor Hinkle opened the public hearing. Mr. Berglove indicated that the property between the shoreline and his existing lots is his property and that he wants to incorporate it into the legal description of the two existing lots. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. BERGLOVE FOR LOTS 2 AND 3, BLOCK 5 IN THE WESTWOOD SUBDIVISION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Ordinance Amendment Regarding City Council Salary Changes - Public Hearing Mayor Hinkle indicated that the City Council has requested the Ordinance Amendment to increase the Mayor's salary by $200.00 annually, and the City Council's salary by $200.00 annually effective January 1, 1985. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the Ordinance Amendment. Councilmember Engstrom indicated that he felt that the increase should be greater than proposed. Councilmember Engstrom indicated that he felt for the time required by the Mayor and Councilmembers, the City Council should consider a larger increase than the $200.00 proposed. COUNCILMEMBER GUNKEL MOVED TO APPROVE AN ORDINANCE AMENDMENT AMENDING SECTION 202 OF THE CITY CODE, TITLED SALARIES OF MAYOR AND COUNCILMEMBERS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION FAILED 2-2. MAYOR HINKLE AND COUNCIL- MEMBER ENGSTROM OPPOSED. City Council Minutes September 6, 1984 Page Three COUNCILMEMBER GUNKEL MOVED TO CONTINUE THE PUBLIC HEARING AND RECONSIDER THE ORDINANCE AMENDMENT CHANGING THE MAYOR AND CITY COUNCIL'S SALARIES AT A TIME WHEN THE FULL COUNCIL IS PRESENT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Cable Television Franchise Ordinance The City Administrator indicated that the Cable Television Franchise Ordinance prepared by Mr. Thomas Creighton, representing the Sherburne/Wright County Cable Communications Commission, consisting of approximately 90 pages in length, is to be considered by the City Council for adoption. The City Administrator in- dicated that the major thrust of the franchise ordinance is to protect the City's rights and interest in the construction of a cable television system, and yet to maintain a balanced relationship with a private enterprise which will own and operate the system. The City Administrator indicated that the Cable Communications attorney, Mr. Tom Creighton, suggested that the City Council table the adoption of the franchise ordinance as there was some problem in negotiating the ordinance with the Cable Company. The City Administrator indicated that the ordinance as drafted is acceptable to the City and the Cable Communications Commission, and further indicated that the Cable Company has a problem with a portion of the ordinance. Discussion was carried on regarding the potential problems a city could have with a cable communication company, and the basic financial projections. The City Administrator indicated that the Sherburne/Wright County Cable Communications Commission has looked very closely at the financial projections of the cable company and has built in a number of protections for the City. The City Admin- istrator further indicated that if no one subscribes to cable television, it will be a problem. Further discussion was carried on regarding the appointment of a representative from the City to the Cable Communications Commission. Councilmember Gunkel indicated that Mr. Jim Goodin has expressed his interest in serving on the commission. Further discussion was carried on regarding the Cable Television Franchise Ordinance. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CABLE TELEVISION FRANCHISE ORDINANCE CONTINGENT UPON FINAL APPROVAL BY THE CABLE COMMUNICATION COMMISSION'S ATTORNEY, AND NO SUBSTANTIAL CHANGES IN THE DOCUMENT AS SUBMITTED TO THE CITY COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Pool Table License for American Legion COUNCILMEMBER SCHULDT MOVED TO APPROVE A POOL TABLE LICENSE FOR TWO POOL TABLES AT THE AMERICAN LEGION POST. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Purchase of Street Equipment The City Administrator indicated that in the 1984 budget discussion, equipment consisting of a combination tractor mower was reviewed and approved for purchase -, City Council Minutes September 6, 1984 Page Four by the City Council. The City Administrator indicated that during the budget discussion, it was determined that financing of the equipment would be accomplished by a five year short term certificate of indebtedness. Mr. Phil Hals, Street Superintendent, indicated that he recommended that the City purchase a John Deere Model #430, diesel powered tractor with a 60 inch mower, a two stage snowblower, a rear mounted hydraulic dumping vaccuum, and an all weather cab from Dehn'sFour Seasons in the amount of $11,840. The City's Street Superintendent further indicated that he would also recommend that the City pur- chase a Gravely 40 inch wing mower from Land Care and Equipment for the amount of $1,700. The Street Superintendent indicated that after testing 13 different mowers from 8 different manufacturers it was recommended that the John Deere Tractor,with the addition of the wing mowe~would be best suited for the City's use. General discussion was carried on regarding the various types of equipment tested by the Mayor and operators in the Street Department. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE PURCHASE OF A PARK MOWER AND SNOWBLOWER ATTACHMENtS FROM DEHN'S FOUR SEASONS IN THE AMOUNT OF $11,840, AND THE PURCHASE OF A GRAvfLY 40 INCH WING MOWER FROM LAND CARE EQUIPMENT IN THE AMOUNT OF $1,700 TO BE PAID FOR THROUGH THE ISSUANCE OF FIVE YEAR EQUIPMENT CERTIFICATES. COUNCIL- MEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9~. Heavenly Hills and Brentwood Roads I I The City Administrator indicated that in the paving of the Heavenly Hills project and of the Brentwood Project, the bituminous product was not as specified in the City's specifications. Mr. Phil Hals, the Street Superintendent indicated that the bituminous mix installed in the Heavenly Hills project was to MN/DOT specifications and not as specified in the City's project specifications. The City Street Super- intendent indicated that this type of mistake can happen because the City does not have an inspector at the plant, and the plant was manufacturing bituminous to MN/DOT specifications. Mr. Phil Hals further indicated that the inspection was made after the bituminous has been placed. The City Street Superintendent further indicated that Mr. Dennis Anderson signed an agreement for 23-31 material which was placed in the Brentwood Addition. Mr. Phil Hals further indicated that the City's specifications called for 23-41 material. Mr. Phil Hals indicated that Mr. Dennis Anderson was told to obtain the City's specifications prior to signing a contract for the bituminous in the Brentwood Addition. Mr. Phil Hals further indicated that the Engineer's solution to the less than required bituminous mix would be to place a sealcoat on the roads in the Heavenly Hills addition and in the Brentwood Addition sooner than would normally be done. Mr. Phil Hals in- dicated that in the negotiations between the City's Engineer John Gilbertson, and Bauerly Brothers, the contractor for the Brentwood Addition and the Heavenly Hills Addition, it is proposed that the City would deduct $4,200 from the final estimate for Heavenly Hills and applying that same percentage to Brentwood, the Brentwood escrow would be $9,400. Discussion was carried on regarding the length of time before a sealcoat would be required. Mr. Phil Hals suggested that the City Council consider a sealcoat in the Heavenly Hills and the Brentwood Addition in approximately three years. City Council Minutes September 6, 1984 Page :Five --, Discussion was carried on regarding the amount of the deduct from the final esti- mate for Heavenly Hills and the amount required from Mr, Dennis Anderson in Brent- wood as an escrow amount for the Brentwood Addition. The City Administrator indicated that the City will not be able to accept the roads in the Brentwood Addition until the amount has been obtained from Mr. Dennis Anderson for escrow. It was the consensus of the City Council that the Heavenly Hills sealcoat and the Brentwood Addition seal coat would be a part of the capital improvement program. COUNCILMEMBER GUNKEL MOVED TO APPROVE A PROPOSED AGREEMENT BETWEEN THE CITY AND BAUERLY BROTH RS TO DEDUCT 10%, $4,200 FROM THE FINAL ESTIMATE FOR THE HEAVENLY HILLS PROJECT AND TO APPLY THE SAME PERCENTAGE COMPARISON TO THE BRENTWOOD ADDITION AND REQUIRE AT AMOUNT TO BE ESCROWED, AND TO MAKE BOTH SEALCOAT PROJECTS A PART OF THE CAPIT IMPROVEMENT PROGRAM. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PA SED 3-0. 10. Planning Comm ssion Resignation COUNCILMEMBER ENGSTROM MOVED TO ACCEPT THE RESIGNATION OF MARTY TRACY FROM THE PLANNING COMM SSION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. It was the co sensus of the City Council to give official recognition to Marty Tracy's work n the Planning Commission at the next scheduled Planning Commission Meeting. The City Admi istrator indicated that a resident of the City, Mr. George Carlson has indicated his interest in serving on the Planning Commission. It was the co sensus of the City Council to invite Mr. George Carlson to a City Council eeting to meet the Mayor and the City Council. 10~.Downtown Park Improvement The City Admi Committee and indicated tha designed by a walkways, pIa the total pIa The City Admi posed that th City Administ $18,000, but istrator indicated that he had met with members of the Beautification the Mayor regarding the base for the flagpole. The City Administrator a plan has been submitted by members of the Beautification Committee employee at the Cretex Company showing a base for the flagpole, tings, benches, and trees. The City Administrator indicated that for improvement of the downtown park would be approximately $25,000. istrator indicated that the City Beautification Committee has pro- City pay $18,000 of the cost with the balance being donated. The ator further indicated that the general fund would not support 18,000 could possibly be taken from a capital surplus fund. General discu sion was carried on regarding the proposed base of the flagpole and estimated cos. Councilmember Gunkel indicated that the City Council is con- sidering the ossibility of an Economical Development Coordinator to promote the City of Elk Rver and coordinate industrial development in the City of Elk River, and further i dicated that the City Council will have to decide if funding is available for an Economical Development Coordinator. Councilmember Gunkel --, City Council Minutes September 6, 1984 Page Six indicated that the Cit1 Council had a difficult time in the funding of a siren system for the City of Elk River, and further indicated that the City Council denied the funding of Senior Citizen's Coordinator. Councilmember Gunkel questioned the justifi ation of an $18,000 expenditure for a flagpole base when there are many other i sues that the City Council must consider. Councilmember Gunkel indicated that the Beautification Committee has concentrated all of their efforts on the downtown park; has been allocated $5,000 for the 1984 budget for City beautification, and yet has not accomplished any othe.r beautification projects within the City. Councilmember Gunkel further indicated that she felt the base of the flagpole should not be an issue until development in the downtown area has been determined. Councilmember Schuldt indicated that he was interested in knowing the cost estimate for each portion of the total downtown park plan. It was the consensus of the City Council that the City could not pay the $18,000 toward the development of the downtown park and flagpole base. 11. Conference Attendance A. Darrell Mack, Water Pollution Control Federation B. Phil Hals, Managing Snow and Ice Control Operations COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE ATTENDANCE OF DARRELL MACK AT THE WATER POLLUTION CONTROL FEDERATION CONFERENCE IN. NEW ORLEANS, AND PHILHALS' ATTENDANCE AT A MANAGING SNOW AND ICE CONTROL CONFERENCE IN MADISON, WISCONSIN. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. ll~. Fire Department Gambling License The City Administrator indicated that the Fire Department has requested a gambling license for the Fireman's dance, September 8, 1984. COUNCILMEMBER ENGSTROM MOVED TO APPROVE A ONE DAY GAMBLING LICENSE FOR THE FIRE DEPARTMENT AND TO WAIVE THE GAMBLING LICENSEE FEE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Administrator's Update A. Budget Process and Schedule The City Administrator indicated that the proposed budget would be distributed this week for the City Council's review. The City Administrator further indicated that the first opportunity the City Council may have to discuss the budget would be in October. The City Administrator further indicated that the general fund levy is basically fixed and that the bond levies can be completed for the County by the time they require it in October. The City Administrator indicated that the City Council can actually review the general fund budget in October and November if equired. City Council Minutes September 6, 1984 Fage Seven B. Lawcon Grant The City Administrator indicated that the City of Elk River did not receive a LAWCON Grant this year. The City Administrator further indicated that the State of Minnesota still believes the City of Elk River can receive money with a LAW CON Grant and that the City should continue to submit applications. The City Administrator indicated that Mr. Phil Hals the Street Superintendent, will get the grass established in this year and the City will then resubmit an application for a grant next year. C. Meetings Scheduled for September The City Administrator reviewed the following meeting schedule for the City Council. September 6th - CIP public hearing; September 10 - Council Meeting canceled; September 11 - City and State Primary; September 13 - Regional League of Minnesota Cities Meeting; September 17 ~ Regular City Council Meeting; September 24 - City Council Committee Meeting; September 25 - Public Hearing on the Municipal Facilities Study; September 27 - Public Hearing on the Municipal Facilities Study. ~3. Check Register I COUNCILMEMBER GUNKEL MOVED TO APPROVE THE SEPTEMBER 4, 1984 CHECK REGISTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. i4. Tentative Agenda The amendment to the Barthel conditional use, the housing site plan, and the Barthel Industrial Revenue Bond Resolution are items tentatively scheduled for the Sep- tember 17th City Council meeting. There being no furtl1er:; COUNCILMEMBER GUNKEL MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. cp~:1Zi1~LJ ~hy11is BOedigheimer! qity Clerk/Treasurer I JB:st