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11-05-1984 CC MIN ~ . . . REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, NOVEMBER 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 4~ -Heavenly Hills Assessment, 8~ - Lundberg Parking/Curb Situation, 15D. - The Mayor's Association Meeting. and 15E. ..;.. Expense Reports, were items added to the November 5, 1984 City Council agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE NOVEMBER 5, 1984 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Major H~nkle requested that a correction be made to the October 15, 1984 City Council minutes; Item 8 - regarding the fact that City staff should handle re- quests such as the Lindenfelser conditional use directly, rather than as stated in the minutes that the City Council would handle such requests. Councilmember Gunkel further requested that her discussion regarding the mot~Dn to approve the subdivision request by Hommes in Item 9 of the October IS, 1984 City Council minutes be included. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE MINUTES OF THE OCTOBER IS, 1984 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER SCHUDLT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 22, 1984 CITY COUNCIL MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. OpenMike No one appeared for this item. 4~. Heavenly Hills Assessments The City Administrator indicated that a supplemental assessment hearing for the Heavenly Hills project has been scheduled for the November 26th City Council meeting. Councilmember Duitsman indicated that he was absent at the Heavenly Hills assessment hearing and further indicated that even though he was not involved in the discussion, he does believe there should be a reduction in the assessment as approved at that assessment hearing. Councilmember Schuldt indicated that at the Heavenly Hills assessment hearing, the subject of legal costs was discussed because of the number of objections that were submitted at the assessment hearing. Councilmember Schuldt indicated that the City's attorney indicated that it was appropriate to include a contingency for legal feesj should the City be required to defend the assessment in court. Councilmember r- . . City Council Minutes November 5, 1984 Page Two Schuldt indicated that he moved to include $30,000 as legal contingencies, or approximately $1,000 per property in the assessment for two reasons: 1) the possibility of legal problems and the fact that it was a part of the project; that certain property owners in Heavenly Hills would file a complaint in court and that such legal problems would not be a problem of the whole City; and 2) that the City could not come back and include the legal costs to the assessment project at a later date. Councilmember Schuldt indicated that he felt the motion was not improper, but further indicated that after considerable thought, he has come to the conclusion that the $30,000 in legal contingency should not have been included. Councilmember Schuldt indicated that on the School Street project and the Main Street project, the City has initiated the improvement project and therefore, the City would be responsible for any legal costs that may come with regard to objec- tion to the assessment. Councilmember Schuldt indicated that the difference between such projects as the School Street project and the East Main Street project is the fact that the residents in the Heavenly Hills project requested that the City authorize the improvement. Councilmmeber Schuldt further indicated that even though there was a difference of opinion among the residents in the Heavenly Hills project, the City willingly accepted the responsibility of taking on the project and author- izing the improvements. Councilmember Schuldt indicated that he felt at that point, all projects are alike and therefore, came to the conclusion that the legal contingency should not have been included at the time of the special assessment hearing. Councilmember Duitsman indicated that he felt the Heavenly Hills development should never have happened but because of the City Council placing a moratorium on plat development, the project was able to get through. Councilmember Gunkel indicated that she has agonized over the vote of the Heavenly Hills assessment hearing and furhter indicated that she felt the City Council was caught up in the antagonistic opposition to the project at the hearing. Council- member Gunkel indicated that the inclusion of the $30,000 in legal contingencies was contrary to the idea of the project to keep the costs down in order to allow the project to develop, therefore, it was her feeling that the $30,000 should be removed from the special assessments. Councilmember Duitsman indicated that in previous hearings regarding the Heavenly Hills project, it was apparent that Christian would contest the assessment of the four units to his parcel of property. Councilmember Duitsman further indicated that the City Council should have kept certain legal costs in the cost of the project to deal with the Christian property. Councilmember Gunkel indicated that she felt if it was necessary to include legal costs, they should have been included in the very beginning. Councilmember Engstrom indicated that he specifically asked the City's attorney if it was appropriate to include legal contingency costs at the assessment hearing. Councilmember Engstrom further indicated that he was in agreement with Councilmember Gunkel and Councilmember Duitsman regarding the inclusion of potential legal costs at the very beginning of a project and therefore, he was in favor of removing the $30,000 from the Heavenly Hills assessment. r . City Council Minutes November 5~ 1984 Page Three COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE AT THE SUPPLEMENTAL SPECIAL ASSESSMENT HEARING FOR THE HEAVENLY.HILLS IMPROVEMENTS, THE REMOVAL OF THE ASSESSMENT OF THE LEGAL CONTINGENCY COSTS REGARDLESS OF APPEALS THAT MAY BE FILED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 5. Hageseth Water Service Assessment - Public Hearing Mayor Hinkle indicated that as part of the Main Street project, Linda and Dan Hageseth of 428 Railroad Drive had a new water service installed on Gates Avenue. Mayor Hinkle indicated that originally the Hageseths' water service extended from Main Street to their home and that the changed service would allow them to directly hook into the water line in front of their home on Gates Avenue. Mayor Hinkle indicated that during the construction of East Main Street, the Hageseths were given the opportunity to retain the hookup on Main Street or change it to Gates Avenue and at that time, they were informed that the cost would be approximately $1,000 for that water service change from East Main Street to Gates Avenue. The City Administrator indicated that the costs proposed to be assessed are $1,340.50 and further indicated that the Hageseths have questioned the street restoration cost and overhead cost in the proposed assessment. The City Administrator indicated that in reviewing the cost of the street restoration and the overhead costs, it was his recommendation that there could be a reduction in the street restoration cost and also a reduction in the overhead cost. Mr. Phil Hals indicated that the restoration patch was approximately 18 feet by 28 feet and because he felt it wasn't necessacry to tear up such a large area, the restoration costs should be approximately $300.00. Discussion was carried on regarding the size of the patch required. Mr. Jeff Roos, consulting engineer, indicated that safety standarqs require that the width be double the depth. Councilmember Gunkel indicated that she felt the cost of the project should be assessed at $891.50, therefore, eliminating overhead costs. Councilmember Gunkel indicated that if the water service was replaced and not a part of the Main Street project, there would not be overhead costs, therefore, she felt the overhead cost could be eliminated on the project. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ASSESSMENT FOR THE HAGESETH WATER SERVICE AT $891.50 AT 10.3 PERCENT INTEREST FOR TEN (10) YEARS. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. and Mrs. Hageseth indicated that they were very happy with the project and satisfied with the cost as assessed. 6. Morrell Supplemental Special Assessment for Storm Sewer - Public Hearing The City Administrator indicated that a supplemental assessment hearing for the storm sewer project is scheduled to consider the assessment for the trunk storm sewer improvement to the Morrell property. The City Administrator indicated that the Morrell property was missed at the time of the original assessment. The City Administrator indicated that the Morrell property is 7.54 acres in size and is zoned R-4 Multiple-family residential, therefore, it is recommended that the property r . . City Council Minutes November 5, 1984 Page Four be assessed at the same unit rate as in 1983 of $1,550.85 per acre for a total assessment of $11,693.41. Mayor Hinkle opened the public hearing. Mayor Hinkle questioned Mr. Larry Morrell regarding notification of public hearings, on the project. Mr. Morrell indicated that he did receive notice of public hearings on the trunk storm sewer line and was aware that he did not receive an assessment. The City Administrator indicated that the assessment would be handled the same way as the trunk storm sewer assessment in 1983 except that the payment schedule will begin with 1985. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE SUPPLEMENTAL ASSESSMENT FOR THE 1983 TRUNK STORM SEWER LINE TO THE MORRELL PROPERTY IN THE AMOUNT OF $1l,693.41,AT AN INTEREST RATE OF 10:.75 PERCENT FOR A PERIOD OF FIFTEEN (15) YEARS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Revenue Sharing Final Use of Funds- Public Hearing Mayor Hinkle indicated that the public hearing is the second required public hearing for the use of federal revenue sharing funds for 1985. Mayor Hinkle in- dicated that it is estimated that the City will receive approximately $48,000 in revenue sharing and that the City Council has indicated that the amount should be used in the Police Department for general operating expenses. Mayor Hinkle further indicated that the federal revenue sharing funds will be lost if the City does not fulfill handicap requirements for City Hall by the year 1986. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE USE OF FEDERAL REVENUE SHARING FUNDS IN THE AMOUNT OF $48,564 FOR THE POLICE DEPARmMENT IN THE 1985 BUDGET. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Barrington Place Street Light Feasibility Report Mayor Hinkle indicated that the City Council passed a motion to have a light placed at the intersection of 5th Street and Twin Lakes Road. Mayor Hinkle indicated that the Elk River Utilities placed the light at Main Street and Twin Lakes Road and therefore, was requesting that the City Council approve the light at Main Street and Twin Lakes Road. Mayor Hinkle further indicated that the street light was placed Monday, November 5th at the intersection of 5th Street and Twin Lakes Road. COUNCILMEMBER GUNKEL MOVED TO APPROVE A STREET LIGHT AT THE INTERSECTION OF MAIN STREET AND TWIN LAKES ROAD. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Administrator indicated that the Barrington Place street lighting feasibility estimated the total project to cost slightly over $8,000. The City Administrator further indicated that because residents were expecting a project to cost approxi- mately $3,500, it is recommended that the City Council get a consensus of the residents before proceeding with project. r . . City Council Minutes November 5, 1984 Page Five Mr. Jeff Roos, representative of Consulting Engineers Diversified, indicated that the estimated cost is based on private suppliers providing the lights and poles and the construction. Mr. Roos indicated that the feasibility considered a standard metal curved pole for the street lights. Mr. Roos indicated that the price for the pole was $810.00 and $300.00 for the base. Mr. Roos indicated that there is approxi- mately,850 feet of wiring estimated at approximately $300.00 per pole. Mr. Roos indicated that the project would require some jack boring for a line under the street at $200.00 and sod restoration at $600.00. Mr. Roos indicated that those costs extended for three poles would be approximately $6,400 with five percent contingency and an overhead cost of $1,300, bringing the total cost of the project to $8,000. A respresentative of M & S Development in the Barrington Place Addition indicated that they are not familiar with the requirements of the City of Elk River and furtherindicated that based on their experience in Coon Rapids, the estimated cost of $3,500 was well within the budget. Mr. Jeff Roos indicated that generally, in residentail areas, standard jack pine wood poles are used and perhaps that was the type of pole estimated in the $3,500 range. The representative of M & S Development indicated that the estimated $3,500 was based upon a fiberglass pole with a concrete base. General discussion was carried on in the Barrington Place addition. ask Elk River Utilities to quote a Barrington Place. regarding the type of pole the City would require Councilmember Duitsman indicated that he would price on the placement of street lights in the It was the consensus of the City Council to request Elk River Utilities to submit a price on the placement of three lights in the Barrington Place Addition and to inform the residents of the Barrington Place Addition of such costs. 8~. Cliff Lundberg Parking/Curb Situation The City Administrator indicated that Resolution 84~28 is a resolution regulating the parking on Jackson Avenue at the intersection of 4th Street and requesting the Minnesota Department of Transportation concur with the City of Elk River's findings. The City Administrator indicated that it is recommended that the City Council adopt the resolution, thereby eliminating parking on Jackson for a distance of 90 feet north from the intersection of 4th Street. The City Administrator further indicated that it is recommended that the City Council not restrict parking on 4th Street at this time. Mr. Cliff Lundberg indicated that he felt if the City Council was to restrict parking 90 feet to the north from the intersection of Jackson and 4th Street, they should also restrict parking 90 feet to the south. Mr. Lundberg indicated that he felt the City Council should restrict parking as little as possible as it would b much easier to increase the restricted parking area rather than decrease the re- stricted parking area. Mr. Cliff Lundberg indicated that he felt if the City Coun- cil's objective was to promote a business climate within the City of Elk River, they should not place parking restrictions at his intersection and further,indicated that if there should be some restrictions, it should be limited to thirty-minute parking, and if that does not work, eliminate parking during the rush hour. Mr. Lundberg indicated that with curb cuts as he has proposed it will provide for a well- defined parking area along Jackson Avenue and 4th Street. City Council Minutes November 5, 1984 Page Six Ms. Ellen Rogy, owner of the lnsty-Print located in Mr. Lundberg's building at the corner of Jackson and 4th Street, indicated that customers would park on Jackson Avenue or 4th Street for the opportunity to do quick business in her shop. Ms. Rogy indicated that she did not believe there would be any long- term parking on Jackson or 4th Street at the location of their building. The City Administrator indicated that the proposed restricted parking is purely for safety. The City Administrator indicated that it is impossible to see through a car whether it is parked there for 30 minutes or all day. The City Administrator further indicated that the building at the corner of Jackson and 4th Street is clearly different than the downtown area. The City Administrator further indicated that the speeds are higher on Jackson Avenue than in the downtown area. The City Administrator indicated that the City would not be able to enforce the 30 minute parking and further indicated that the Minnesota Department of Trans- portation has agreed with the City's recommendation that parking be restricted on Jackson Avenue. Mayor Hinkle questioned parking in front of Doug Johnson's building and further indicated thatthere were a number of other dangerous intersections within the City of Elk River. Councilmember Gunkel indicated that in reviewing past minutes, the Planning Com- mission recommended that there be no parking on Jackson Avenue for at least 60 feet and further indicated that eventhOugh the City Council did not state the restrictions, it was the intent, as the City Council was requiring off-street parking for the building therefore, eliminating the need for on-street parking. Mr. Cliff Lundberg indicated that people wanted a quick, short entrance into the building rather than using the back entrance which has a ramp. Mr. Phil Hals indicated that it was recommended that parking be restricted for 90 feet because of the need for a clearance for the parking lot behind the building and a power pole was located such that the 90 feet worked out the best. Mr. Cliff Lundberg indicated that he felt the 90 feet restriction was not a matter of safety but rather a matter of convenience, as the State requires 20 feet from an intersection. Councilmember Gunkel indicated that she has been contacted a number of times by people in her ward indicated that the visibility was limited and that parking should not be allowed on Jackson Avenue. Discussion was carried on regarding the visibility issue. Councilmember Duitsman indicated that he felt the high traffic volume was an issue and that the inter- section of 4th and Jackson was a high volume left turn intersection. Mr. Phil Hals indicated that when he and the Police Chief placed a vehicle on Jackson Avenue to determine the visibility, they discovered that because the building was so close to the street, there was no opportunity to see oncoming traffic and therefore, it was recommended that no parking be allowed up to 90 feet from the intersection. Mr. Hals indicated that the 90 feet was recommended because of the power pole and the space required for entrance into the parking lot. ~ . . . City Council Minutes November 5, 1984 Page Seven Councilmember Duitsman indicated that he felt a parking space should be allowed on a trial basis. Discussion was carried on re~arding the Minnesota Department of Transportation's recommendation. Mr. Phil Hals indicated that the Minnesota Department of Trans- portation indicated that they felt the City's proposal was a reasonable solution to the problem of traffic on Jackson Avenue. COUNCILMEMBERDUITSMAN MOVED TO ALLOW ONE PARKING SPACE ON JACKSON AVENUE IN FRONT OF MR. CLIFF LUNDBERG'S BUILDING FOR A TRIAL BASIS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION FAILED 2-3. COUNCILMEMBERS SCHULDT AND GUNKEL AND MAYOR HINKLE OPPOSED. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE PARKING FOR ONE CAR ON JACKSON AVENUE IN FRONT OF MR. CLIFF LUNDBERG'S BUILDING FORA THIRTY (30) MINUTE PARKING PERIOD ON A TRIAL BASIS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMEMBERS SCHULDT AND GUNKEL OPPOSED. Mr. Cliff Lundberg indicated that he needed answers from the City Council regarding the proposed curb cuts on Jackson Avenue and 4th Street. Discussion was carried on regllrding the proposed curb cuts on Jackson Avenue and 4th Street and the catch basin at the very corner of Jackson and 4th Street. Councilmember Gunkel indicated that she felt the curb could be placed next to the sidewalk, eliminating a boulevard and that the City could fix the catch basin to raise it to the street level. Councilmember Duitsman indicated that he could not support the proposed curb cuts on 4th Street and Jackson, but could support the curb to the sidewalk on 4th Street. COUNCILMEMBER DUITSMAN MOVED TO DENY MR. CLIFF LUNDBERG'S REQUEST TO ALLOW FOR CURB CUTOUTS ALONG 4th STREET AND JACKSON AVENUE IN FRONT OF HIS BUILDING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Further discussion was carried on regarding the traffic on 4th Street, the possi- bility of turn lanes on 4th Street and the repair of the catch basis at the corner of Jackson Avenue and 4th Street. Mr. Phil Hals indicated that the catch basin could be raised and further indicate that there would need to be a slight depression to catch the water rather than have it flow on down 4th Street. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE PLACEMENT OF THE CURB NEXT TO THE SIDEWALK AND ELIMINATING THE BOULEVARD IN FRONT OF CLIFF LUNDBERG'S PROPERTY ON 4TH STREET. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-l. COUNCILMEMBER SCHULDT OPPOSED. The cost of repairing the catch basin was discussed by the City Council. Mayor Hinkle indicated that he felt the improvement of the catch basin should have been done a long time ago. It was the consensus of the City Council that the City would repair the catch basin in front of Cliff Lundberg's property at the corner of Jackson and 4th Street. City Council Minutes November 5. 1984 Page Eight 9. Urban Rural Tax Ratio The City Administrator indicated that as part of the budget process. the City Council is required to review the tax ratio between the urban and rural areas of the City. The City Administrator indicated that at the time of consolidation the tax ratio was established to reflect a difference of services between the urban and rural areas. The City Administrator indicated that the current ratio is 5 to 3, and further indicated that at the present time, the staff feels that there are few, if any. differences in services provided between the urban and rural areas of the city. Mayor Hinkle questioned the staff's discussion regarding the differences of services provided between the urban and rural areas of the City. Mayor Hinkle indicated that he felt fire protection was not the same as the insurance rates are higher in the rural areas because City water is not provided. Mayor Hinkle further in- dicated that he felt that with regard to police protection. it was toss-up between the urban and rural area. Mayor Hinkle indicated that he felt the urban areas receives more benefit than the rural area with regard to the street department. and cited the example of street sweeping. Mayor Hinkel indicated that he felt there was more activity in the rural area for the building and zoning department. Mayor Hinkle indicated that he did not feel that City services were equal between the urban and rural area and therefore, indicated that he feld he could accept the ratio that rural taxpayers pay seventy percent of" the tax that the urban area pays rather than the current ratio whereby rural taxpayers pay sixty percent of the amount that the urban residents pay. Councilmember Engstrom indicated that prior to serving on the City Council, he served on the town board and therefore. was aware of the concerns the rural people had re- garding the consolidation. Councilmember Engstrom indicated that the rural taxes have gone up three times as much and yet the rural people have not received three times the services. Councilmember Engstrom indicated that he felt the street and road maintenance is not done as efficiently as when it was the township. Council- member Engstrom further indicated that he did not feel fire protection had increased and therefore, he felt the ratio should stay at the 5 to 3. The City Administrator indicated that the township did not provide as many services to its residents as the City does and further indicated that the City's rural ratio is lower than other adjoining townships in the area. Discussion was carried on regarding comparable township tax rates. Discussion was also carried on regarding the quality of services and the type of services provided to the rural area that was not provided when it was a township. Councilmember Duitsman indicated that the reason for consolidation was to provide the City of Elk River with the United Power Association tax base. Councilmember Duitsman indicated that he felt the township had better services prior to the consolidation. Councilmember Schuldt indicated that he felt the fire department has the same firefighting capabilities whether it be the urban or the rural area and further indicated that the building and zoning department services are required in the rural area much more than in the urban area. "..- . . City Council Minutes November 5, 1984 Page Nine General discussion was carried on regarding the boundaries of the urban and rural areas. Mayor Hinkle indicated that if the community was to maintain its rural atmosphere, the City Council must consider the tax burden placed upon farmers. Councilmember Duitsman indicated that he felt the current ratio of 5 to 3 was acceptable. COUNCILMEMBER GUNKEL MOVED TO CONTINUE THE CURRENT RATIO OF 5 TO 3 FOR THE 1985 BUDGET YEAR. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER SCHULDT OPPOSED. COUNCILMEMBER ENGSTROM MOVED TO AUTHORIZE THE CITY COUNCIL TO CONSIDER REDEFINING THE URBAN AND RURAL AREA BOUNDARIES. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. It was consensus of the City Council that should the boundaries of the urban and rural taxing areas be redefined, the Council would hold a public hearing. 10. Food-n-Fueb Sewer Hookup Assessment Mayor Hinkle indicated that the Food-n-Fuel convenience store, laundromat and car wash proposed to be constructed in the Barrington Place subdivision has had building permit approval and site plan approval from the Planning Commission. Mayor Hinkle further indicated that in the building permit process, the staff calculated the business' sanitary sewer hookup charge to be $23,572.00. Mayor Hinkle further indicated that when the proposed business learned of the proposed sewer hookup fee, the business indicated that the project could not be built in Elk River. Mayor Hinkle indicated that the staff negotiated an alternate sani- tary sewer hookup fee in an attempt to keep the business in Elk River and has re- ceived tentative agreement, that if the $23,572 were spread over a period of seven years beginning in 1986, and including a fee for administrative purposes, the owner would agree to pay the hookup charge. Mayor Hinkle indicated that if the owner pays the sewer hookup fee over seven years, the total fee would be $31,150 or $4,450 per year. Councilmember Schuldt indicated that he felt the proposal of paying the hookup fee over a period of seven years was a good idea. Discussion was then carried on regarding the method by which the City of Elk River approved hookup fees in the industrial park over a five-year period with no interest or administrative fees charged. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE $23,572 HOOKUP FEE FOR THE PROPOSED FOOD~N-FUEL CONVENIENCE STORE, LAUNDROMAT AND CAR WASH BUSINESS TO BE LOCATED IN THE BARRINGTON PLACE SUBDIVISION TO BE PAID FOR OVER A PERIOD OF FIVE YEARS AT NO ADDITIONAL INTEREST CHARGES BEGINNING WITH 1986. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Ordinance Regarding Sale of Liquor on Election Day The City Administrator indicated that the proposed ordinance amendment would allow the City's Code to conform with State legislation regarding the sale of liquor on election day. City Council Minutes November 5, 1984 Page Ten COUNCILMEMBER DUITSMAN MOVED TO APPROVE ORDINANCE AMENDMENT 84~11, AN ORDINANCE AMENDING SECTION 800.16 - CLOSING HOURS, AND SECTION 804.08 - HOURS OF OPERATION IN THE CITY'S CODE OF ORDINANCES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Amendment to Transient Merchant Ordinance Mayor Hinkle indicated that at the present time, the City's transient merchant ordinance allows for the sale of seasonal produce and vegetables without the requirement of a transient merchant license. Mayor Hinkle further indicated that the intent was to allow local produce growers to sell corn, tomatoes and other products at roadside stands, however, the City has had individuals, most notable from out of sate, come into the City and sell fruits and vegetables on a door-to- door basis. Therefore, it is recommended that the City's transient merchant ordinance be amended to prohibit the door~to-door sale of fresh vegetables and produce. COUNCILMEMBER DUITSMAN MOVED TO APPROVE ORDINANCE AMENDMENT 84~12, AN ORDINANCE AMENDING SECTION 722.00, SUB. 3(A), OF THE TRANSIENT MERCHANT ORDINANCE. COUNCIL- MEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Cable Television Franchise Ordinance Summary The City Administrator indicated that it is necessary for the City Council to approve the ordinance summary prior to publication. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE CABLE TELEVISION FRANCHISE ORDINANCE SUMMARY FOR PUBLICATION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Camp Cozy Plat Correction Mayor Hinkle indicated that the City has received a letter from John Oliver indicating that the plat for right-of-way in Camp Cozy Addition requires correction. Mayor Hinkle indicated that Mr. Oliver has indicated that the corrections have been made and require approval by the City Council. Discussion was carried on regarding the plat correction and notification of the owners of the property. COUNCILMEMBER SCHULDT MOVED TO CONTINUE THE CONSIDERATION OF THE CAMP COZY 5TH ADDITION PLAT CORRECTION UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Administrator's Update A. Budget A budget meeting was scheduled for November 15th at 7:00 p.m. at the City Hall. It was the consensus that salaries and urban/rural boundaries would be discussed. B. Miscellaneous The City Administrator indicated that he has presented the Otsego Town Board with a proposal in the amount of $17,557 for the fire contract. City Council Minutes November 5, 1984 Page Eleven The City Administrator indicated that the City has received word from the State of Minnesota that the State is almost certain that the City will receive a Lawcon grant in this calendar year. The City Administrator indicated that four communities that were funded dropped out because they were not able to put their deals together, therefore, moving the City of Elk RiveIUp into the fundable category. C. Public Works Conference Attendance The City Administrator indicated that Mr. Phil Hals has requested permission to attend the Minnesota Public Works fall conference at the Sheraton Inn Northwest. COUNCILMEMBER SCHULDT MOVED TO ALLOW MR. PHIL HALS TO ATTEND THE MINNESOTA PUBLIC WORKS CONFERENCE AT THE SH~RATON INN NORTHWEST NOVEMBER 15TH AND 16TH. COUNCILMEMBER GUNKEL SECONDED TIRE MOTION. THE MOTION PASSED 4-0. D. Mayor's Association Attendance Mayor Hinkle has requested from the City Council to attend the Mayor's Association meeting December 8th at a cost of $70.00. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE MAYOR TO ATTEND THE MAYOR'S ASSO- CIATION MEETING DECEMBER 8TH. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. E. Expense Reports Councilmember Duitsman submitted a sample of the General Mills Corporation expense report and suggested that the City staff review that report and modify it as necessary for City employees. The City Administrator indicated that Mr. Cliff Lundberg requested that the City Council consider allowing 30 minute parking on 4th Street as well as Jackson Avenue. Councilmember Gunkel indicated that she had a problem with the 30 minute parking zone as the City could not enforce the parking regulations. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THIRTY (30) MINUTE PARKING FOR THE PARKING ON 4TH STREET IN FRONT OF MR. CLIFF LUNDBERG'S BUILDING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION FAILED 1-2. COUNCILMEMBER SCHULDT AND GUNKEL OPPOSED. COUNCILMEMBER DUITSMAN ABSTAINED. 16. Check Register COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE NOVEMBER 5, 1984 CHECK REGISTER. COUNCIL- MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Tentative Agenda The budget discussions are tentatively scheduled for the next City Council meeting to be held November 15, 1984 at 7:00 p.m. at the Elk River City Hall. r- City Council Minutes November 5, 1984 Page Twel,ve . There being no further business, COUNCILMEMBER DUITSMAN MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, Q~& &~~ Phyllis Boedigheimer City Clerk/Treasurer PB:dk