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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