12-03-1984 CC MIN
~
.
REGULAR WEEKLY SCHEDULED MEETING OF THE
ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
MONDAY, DECEMBER 3, 1984
Me~bers Present:
Mayor Hinkle, Councilmembers Schuldt, Engstrom, Duitsman and Gunkel
Members Absent:
None
2. Agenda
Item 8~ - Utility Commission Appointment, was added to the December 3, 1984
City Council agenda.
COUNCILMEMBER GUNKEL MOVED TO APPROVE THE DECEMBER 3, 1984 CITY COUNCIL AGENDA
AS AMENDED. COUNICLMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0.
3. Minutes
Councilmember Duitsman requested that Item 6 of the November 19, 1984 City Council
minutes be amended to reflect a 4-0 vote. Councilmember Schuldt requested that a
change in the language of Item 9 of the November 19, r~84 City Council minutes be
amended to reflect the discussion that at the intersection of 194th Avenue and
Lowell, the yield signs be removed from Lowell Avenue to 194th Avenue, therefore,
persons approaching the intersection from 194th would yield to traffic travelling
along Lowell Avenue.
COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 19TH, 1984
CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE
MOTION PASSED 4-0.
4. Open Mike
Ms. Kitty Omitt appeared before the City Council to discuss a letter she received
from the Building and Zoning Administrator regarding the variance and building
permit approved by the City Council at the July 16, 1984 City Council meeting.
Ms. Omitt submitted a letter of petition signed by six neighbors indicating that
they did not have an objection to the location of the horses and other livestock
housed on the property. Ms. Omitt indicated that they have not removed the temp-
orary lean-to building which was a condition of the variance and further indicated
that it would be very difficult to complete the conditions as stated in the letter
by the date stated in the letter, as both she and her husband work and are not
home during the daylight hours. Ms. Omitt indicated that underbrush would have
to be removed in the back of the property in order to move the horses and live-
stock to the back of the property.
Mayor Hinkle asked Ms. Omitt if a week extension would help them in order to abide
by the conditions of the variance. Ms. Omitt indicated that any time would be
better than none and that even a week would be a starting point. General discussion
was carried on regarding the conditions of the varfunce granted to Mr. and Mrs.
Omitt.
Councilmember Gunkel indicated that she would agree to an extension of time if the
conditions were completed within that extension of time.
~
City Council Minutes
December 3, 1984
Page Two
COUNCILMEMBER DUITSMAN MOVED TO GRANT AN EXTENSION OF THE TIME LIMIT AS SPECIFIED
BY THE BUILDING AND ZONING ADMINISTRATOR TO THE OMITTS TO COMPLY WITH THE CON-
DITIONS OF THE VARIANCE FROM DECEMBER 7, 1984 TO DECEMBER 21, 1984. COUNCILMEMBER
GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0.
5. Seymour Street Vacation Request - Public Hearing
Mayor Hinkle indicated that the City received a request from Mr. Allen Johnson of
15396 92nd Street Northeast, to vacate a portion of Seymour Avenue between Highway
#10 and 5th Street. Mayor Hinkle further indicated that the portion of Seymour
Avenue requested to be vacated is 60 feet wide and approximately 183 feet deep.
Mayor Hinkle indicated that Seymour Avenue at the present time is a right-of-way
with a rough track linking 5th Street and Highway #10 with a sanitary sewer
line down the center of the right~of-way. Mayor Hinkle indicated that there are
lots that have direct access onto Seymour Avenue behind the Beck residence
and Hohlen residence.
Mayor Hinkle opened the public hearing.
Mr. Allen Johnson indicated that he had requested this street vacation because he
owns the lot next to the Seymour Avenue right-of-way and felt that his lot would
be a better lot if the street right-of-way was vacated as, at the present time,
it consists only of a trail.
Mr. Wayne Beckland indicated that he was in opposition of the street vacation as
the street is used by residents in the area to avoid the congestion at Proctor
and Highway #10. Mrs. Charles Beck indicated that she was opposed to the street
vacation as she owns the property behind her residence which would require access
to Seymour Avenue. Mrs. Beck further indicated that Seymour Avenue does provide
another ingress and egress to the area, should it be necessary.
Councilmember Schuldt indicated that he was familiar with Seymour Avenue and in-
dicated that he did not consider it an approved road, therefore, he felt that
if the road was used extensively, the City may have to close it as it is an un-
safe road. Councilmember Schuldt indicated that he could understand Mr. Johnson's
request to vacate the street because of his property on the east side of Seymour.
Councilmember Schuldt further indicated that the critical issue is if the street
were vacated, what would happen to the back lots behind the Hohlens residence and
the Beck residence. Councilmember Schuldt indicated that he felt the City Council
could not land lock property by vacating a street easement.
Mr. Allen Johnson indicated that he was not aware of the lots behind the Hohlen
and Beck property.
COUNCILMEMBER SCHULDT MOVED TO DENY THE STREET VACATION REQUEST BY MR. ALLEN
JOHNSON FOR SEYMOUR AVENUE RIGHT-OF-WAY. COUNCILMEMBER DUITSMAN SECONDED THE
MOTION. THE MOTION PASSED 4-0.
6. Minnesota Coalition of Outs tate Cities Dues
Mayor Hinkle indicated that at the Tuesday, November 27th budget meeting, the City
Council had an opportunity to discuss the proposed lobbying fees for the Minnesota
Coalition of Outstate Cities.
r-
.
City Council Minutes
December 3, 1984
Page Three
Councilmember Gunkel indicated that she had read the letter from the Minnesota
Coalition of Outstate Cities to the Mayor and had also discussed with City staff,
the City Council's discussion re~Tding the proposed lobbying fees and was comfortable
with the consensus of the City Council at the Tuesday, November 27th budget meeting.
Mayor Hinkle indicated that he felt that if the City was to belong to the Coalition,
they should carry their share of the responsibilities of the Coalition. Mayor
fut:ther indicated that he and the City Administrator would be attending a Coalition
meeting and would specifically request that the City of Elk River have representa-
tion on the committee.
COUNCILMEMBER GUNKEL MOVED TO APPROVE PAYMENT OF THE MINNESOTA COALITION OF OUTSTATE
CITIES LOBBYING FEES ASSESSED TO THE CITY OF ELK RIVER IN THE AMOUNT OF $1,415.00.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0.
7. 1985 Salaries
Mayor Hinkle indicated that in recent budget discussions, the City Council has re-
viewed the 1985 salaries for department heads and it appears to be a consensus of
the City Council that the department head positions be increased by 4 percent in
1985. Mayor Hinkle indicated that the police department union employees, the public
works department employees and the City's full-time clerical employee's salaries
have been determined for 1985. Mayor Hinkle further indicated that the police
sergeant position was also considered at a recent budget discussion and it was the
consensus of the City Council that this position would have its salary established
at 10 percent over the salary level for the investigator, school liaison officer,
and corporal.
Councilmember Gunkel requested that the percentage increase for the police department
union employees, public works department employees and the City's full-time clerical
employees be specified.
COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE FOLLOWING 1985 SALARY SCHEDULE: THE
POLICE DEPARTMENT UNION EMPLOYEES, THE PUBLIC WORKS DEPARTMENT EMPLOYEES, AND
THE CITY'SFULL~TIME CLERICAL EMPLOYEES SHALL HAVE A FIVE PERCENT (5%) SALARY IN-
CREASE JANUARY 1, 1985 AND A ONE AND ONE-HALF PERCENT (1~%) SALARY INCREASE
OCTOBER 1, 1985. THE FOLLOWING DEPARTMENT HEAD POSITIONS, THE CITY ADMINISTRATOR,
THE CHIEF OF POLICE, THE STREET SUPERINTENDENT, THE SEWER SUPERINTENDENT, THE BUILD-
ING AND ZONING ADMINISTRATOR AND THE CITY CLERK SHALL HAVE THEIR SALARIES INCREASED
BY FOUR PRECENT (4%) STARTING JANUARY 1, 1985, AND THE POLICE SERGEANT POSITION SALARY
SHALL BE ESTABLISHED AT TEN PERCENT (10%) OVER THE SALARY LEVEL FOR THE INVESTIGATOR,
SCHOOL LIAISON OFFICER AND CORPORAL, BEGINNING JANUARY 1, 1985. COUNCILMEMBER GUNKEL
SECONDED THE MOTION... THE MOTION PASSED 4-0.
8. Consider Sale of 1982 Squad Cars
Mayor Hinkle indicated that when bids were taken on the 1985 squad cars, it was
anticipated that the 1982 squad cars would be traded at a price of $1,600 per squad
car. Mayor Hinkle furtherindica ted that Elk River Ford has given the City permission
to sell the squad cars by independent bid if it is greater than the $1.600 that can be
received by the trade-in.
r-
.
City Council Minutes
December 3, 1984
Page Four
Tom Zerwas, Chief of Police, indicated that the City received two bids for the 1982
squads; one in the amount of $2,800 from Dennis Christiansen, and one in the amount
of $2,010 from Ray Swanson. Chief Zerwas indicated that Mr. Christiansen has in-
dicated his desire to purchase both cars at the amount of $2,800 per car. Chief
Zerwas further indicated that the City's attorney, Mr. Peter Beck, recommended
that the City Council reject all bids received and then authorize the Police Chief
to negotiate with the highest bidder on the purchase of the two cars.
General discussion was carried on rega;rding the City's right to reject bids. Chief
Zerwas indicated that the City's request for bid published in the newspaper included
the clause, "the City has the right to reject any or all bids".
COUNCILMEMBER DUITSMAN MOVED TO REJECT THE BIDS RECEIVED FOR THE PURCHASE OF THE
1982 SQUAD CARS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0.
COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE POLICE CHIEF, TOM ZERWAS, TO NEGOTIATE
WITH MR. DENNIS CHRISTIANSEN OF 20800 COUNTY ROAD 50, BIG LAKE, MINNESOTA, IN THE
PURCHASE OF TWO (2) 1982 SQUAD CARS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE
MOTION PASSED 4-0.
8Yz. Utility Commission Appointment
Mayor Hinkle indicated that Councilmember Duitsman has served on the Utility Com-
mission for the past eight years and further indicated that he felt the City Council
should maintain Mr. Hank Duitsman's experience on the Commission. Mayor Hinkle
further indicated that in the future when other commission members' terms expired,
the City Council can consider placing a City Councilmember on the Utility Commission.
Mayor Hinkle asked that the City Council unanimously approve Councilmember Hank
Duitsman's appointment to the Utility Commission for another three year term.
Councilmember Duitsman indicated that he wanted to serve on the Utility Commission
and further indicated that it appeared that there would be an open seat on the
Commission in 1986.
COUNCILMEMBER GUNKEL MOVED TO APPOINT MR. HA}~ DUITSMAN TO THE UTILITY COMMISSION
FOR A THREE YEAR TERM BEGINNING JANUARY 1, 1985. COUNCILMEMBER ENGSTROM SECONDED
THE MOTION. THE MOTION PASSED 5-0.
9. Administrator's Update
A. CIP Narrative Draft
Councilmember Duitsman indicated that the CIP narrative draft presented to the
City Council appeared to be adequate and accurate.
B. Budget Meeting Date
It was the consensus of the City Council that the City Council would discuss
the fire depar~ment budget at their regular scheduled City Council meeting on
December 10th and they would have a City Council budget meeting December 11th
at 7:00 p.m. at City Hall.
r-
.
City Council Minutes
December 3, 1984
Page Five
C. Dahlberg Legal Challenges
Mayor Hinkle indicated that the letter from the City's attorney indicated that
the Federal Equal Employment Opportunity Commission has declined to process
Mr. Dave Dahlberg's age discrimination charge any further.
10. Check Register
General discussion was carried on regarding the Star Cities status and it was the
consensus of the City Council that the City Council should meet with the
task force of the Economic Development Commission regarding the progress.
COUNCILMEMBER GUNKEL MOVED TO APPROVE THE NOVEMBER 30, 1984 CHECK REGISTER.
COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0.
11. Tentative Agenda
Barthel Elk River Plaza and budget discussions are scheduled for the December 10,
1984 City Council meeting.
There being no further business, COUNCILMEMBER ENGSTROM MOVED THAT THE MEETING
BE ADJOURNED. COUNICLMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0.
Respectfully submitted,
~r. ' ~
(,--J/ /.' '~
0~ Do '(j d-cth1/? .:L/./YnLU
Phyllis Boedigheimer
City Clerk/Treasurer
PB:dk