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01-05-1981 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 5, 1981 -----, Members Present: Mayor Hinkle, Councilmembers Duitsman, Schuldt, Toth & Engstrom Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Acting Mayor Larry Toth. 2. Administration of Oath of Office for Mayor-Elect Hinkle and Councilman-Elect Gene Schuldt. The City Administrator administered the oath of office to Mayor-Elect Dick Hinkle and Councilman-Elect Gene Schuldt. 3. Agenda Item 18B, bank resolution, was added to the January 5, 1981 City Council Agenda. COUNCILMAN TOTH MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF THE DECEMBER 15, 1980 CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Consider Resolution 81-1 and 81-2, Recognizing and Commending the Services of Ex-Mayor Madsen and Ex-Councilman Otto COUNCILMAN TOTH MOVED APPROVAL OF RESOLUTION 81-1, RECOGNIZING AND COMMENDING THE SERVICES OF FRANK MADSEN AS MAYOR OF THE CITY OF ELK RIVER FROM 1978 TO 1980. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 5-0. Ex-Mayor Madsen was present to receive the resolution and thanked the Council for their support during his period of service as Mayor of the City of Elk River. Ex-Mayor Madsen said it was a rewarding experience and he was pleased to leave the Mayoral seat in good hands. COUNCILMAN ENGSTROM MOVED APPROVAL OF RESOLUTION 81-2, RECOGNIZING AND COMMENDING THE SERVICES OF ROBERT OTTO AS COUNCILMAN FOR THE CITY OF ELK RIVER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 5-0. Ex-Councilman Otto was present to receive the resolution and thanked the Council for their support during his period of service as Councilman. 6. Open Mike No one appeared for this item. 7. Planning Commission Appointments and Terms Mayor Hinkle resigned his position as Chairman and member of the City's Planning Commission, and further indicated that there is no record of the Council's intent to stagger the terms of the members of the Planning Commission and suggested January 5, 1981 Page Two that the terms of the Planning Commission members be clarified, as to which in- dividuals will serve 1, 2 or 3 years so as to stagger the initial appointments. COUNCILMA.l\J TOTH MOVED TO ACCEPT THE RESIGNATION OF MR. HINKLE AS CHAIRMAN AND MEMBER OF THE PLANNING COMMISSION. COUNCILMAN DUITSMAN SECONDED THE MOTION. TEE MOTION PASSED 4-0. Mayor Hinkle indicated that it was his suggestion that one person on the Planning Commission serve a one-year term, two persons serve a two-year term, and two persons serve a three-year term. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE APPOINTMENT TERMS OF THE MEMBERS OF THE PLANNING COMMISSION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth suggested that Don Driessen shall be appointed to the one-year term position on the Planning Commission. Councilman Duitsman suggested that Mr. Tracy be appointed to a two-year term on the Planning Commission. Council- man Schuldt suggested Harry Kreuser, from Ward 3, be appointed to a two-year term on the Planning Commission. It was suggested by Mayor Hinkle that Millie Busch and a new Commission member be appointed to the three-year terms. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE APPOINTMENT OF DON DRIESSEN TO A ONE-YEAR TERM COMMENCING JANUARY 1, 1981 ON THE PLANNING COMMISSION, MARTIN TRACY TO A TWO-YEAR TERM COMMENCING JANUARY 1, 1981, HARRY KREUSERTO A TWO- YEAR TERM COMMENCING JANUARY 1, 1981, MILLIE BUSCH TO A THREE-YEAR TERM COMMENCING JANUARY 1, 1981, AND THE NEW APPOINTMENT TO A THREE-YEAR TERM, AS MEMBERS, OF THE PLANNING COMMISSION. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Mayor Hinkle indicated that he nominated John Pearce as the fifth member to the Planning Commission, and further indicated that Mr. Pearce had indicated that he would consider it a privilege to serve on the Elk River City Planning Commission. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE APPOINTMENT OF JOHN PEARCE TO THE PLANNING COMMISSION FOR A THREE-YEAR TERM COMMENCING JANUARY 1, 1981. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. City Committee and Board Appointments Mayor Hinkle indicated that his proposed Council Committees were as follows: Finance, Personnel, Public Works and Protective Services. Mayor Hinkle asked the Council for suggestions, additions or considerations to the proposed Council Committees, and further suggested that the Council members review the committees and indicate to Mayor Hinkle which committees they would prefer to serve on.. The City Administrator indicated that the terms of Norma Coleman and Jim Jewett, members of the Library Board, both expired on December 31, 1980, and further indicated that Mr. Jewett does not wish to be re-appointed to the Library Board. Councilman Engstrom indicated that Norma Coleman was interested in being re- appointed to the Library Board. COUNCILMAN TOTH MOVED APPROVAL OF THE APPOINT- MENT OF NORMA COLEMAN TO THE LIBRARY BOARD AND MOVED TO TABLE THE APPOINTMENT OF THE POSITION VACATED BY MR. JIM JEWETT UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. January 5, 1981 Page Three 9. Consider Establishment and Appointment to the City Beautification Committee Mayor Hinkle suggested the City Council establish a City Beautification Com- mittee, composed of citizens of the community, to organize groups such as the Boy Scouts, 4-H, and Senior Citizens to improve the nature of the community. Mayor Hinkle used the embankment along Highway #10 after the UPA land as an example of an area in need of improvement. Mayor Hinkle suggested that the City Council would approve the projects and expenditures of the Committee. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE ESTABLISHMENT OF THE CITY BEAUTIFICATION COMMITTEE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth suggested that guidelines be established for the City's Beautification Committee by City Staff and the City Council. Mayor Hinkle suggested the appointments of Dr. Jarmoluk, Mag Johnson and Dan Anderson to the City Beautification Committee. Councilman Schuldt questioned the number of persons serving on the Committee. Mayor Hinkle indicated that the three person Committee would begin immediately, and as the Committee needed, more members could be appointed. COUNCILMAN DUITSMAN MOVED TO APPROVE THE APPOINTMENTS OF DR.JARMOLUK, MAG JOHNSON AND DAN ANDERSON TO THE CITY BEAUTIFICATION COMMITTEE, AND ALSO MOVED TO APPOINT DR. "JARMOLUK AS CHAIRMAN OF THE COMMITTEE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth suggested that as the guidelines are established by the City Staff and City Council, that it be included in the guidelines that the Chairman be selected by the other members of the Committee. 10. Public Hearing for Street Vacation in Barrington Place Mr. Cliff Lundberg, representative for Mr. Gary Santwire, was present to ask that the City Council vacate a part of a 50 foot right-of-way in the southwest corner of the Barrington Place plat. COUNCILMAN TOTH MOVED APPROVAL OF RESOLUTION 81-3 VACATING A 50 FOOT PUBLIC RIGHT-OF-WAY IN THE SOUTHWEST CORNER OF THE BARRINGTON PLACE PLAT. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Paul Carton Request for a Lot Split The City Administrator indicated that Mr. Paul Carton had requested that the parcel of property, approximately 3.4 acres in size on the east side of Proctor Avenue, be split into two lots. The City Administrator further indicated that Mr. Carton is requesting that the lot split be processed as an Administrative Subdivision and further indicated that this lot split request was in conformance with the City's new zoning ordinances and could be accomplished through the Administrative Subdivision procedures. The City Administrator indicated that it was recommended that the City Council waive formal platting requirements for Mr. Carton's request and establish the next City Council meeting, January 19, 1981, as the date for a Public Hearing on the Subdivision. COUNCILMAN ENGSTROM MOVED APPROVAL OF JANUARY 19, 1981 AS THE DATE FOR A PUBLIC HEARING ON MR. CARTON'S SUBDIVISION. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. January 5, 1981 Page Four 12. Designation of Acting Mayor COUNCILMAN DUITSMAN MOVED TO APPOINT LARRY TOTH AS ACTING MAYOR FOR CALENDAR YEAR 1981. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Consider Designation of Official Newspaper COUNCILMAN ENGSTROM MOVED APPROVAL OF THE DESIGNATION OF THE SHERBURNE COUNTY STAR NEWS AS THE OFFICIAL NEWSPAPER FOR THE CITY. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Consideration Designation of Official City Depositories COUNCILMAN ENGSTROM'MOVED APPROVAL OF THE DESIGNATION OF OFFICIAL DEPOSITORIES AS FOLLOWS: 1. THE BANK OF ELK RIVER 2. THE FIRST NATIONAL BANK OF ELK RIVER 3. SECURITY FEDERAL SAVINGS AND LOAN 4. F & M SAVINGS AND LOAN 5. TWIN CITY FEDERAL SAVINGS AND LOAN 6. HOME SAVINGS AND LOAN 7. MIDWEST FEDERAL SAVINGS AND LOAN 8. FIRST NATIONAL BANK OF ST. PAUL 9. FIRST NATIONAL BANK OF MINNEAPOLIS 10 . NORTHWEST NATIONAL BANK COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Consider 1981 Budget Resolution Mayor Hinkle explained that the resolution adopting the 1981 Budget had never been formally adopted at a City Council meeting. COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 80-42 AUTHORIZING THE TAX LEVIES FOR CALENDAR YEAR 1981. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED4-Q. 16. Consider 1981 Salaries Mayor Hinkle indicated that the Finance Committee had recommended the salaries for the City Department Heads as follows: City Administrator Chief of Police Street Superintendent Sewer Superintendent Liquor Store Manager Deputy City Clerk/Treasurer $27,500 23,000 22,400 21,800 21,100 15,500 Mayor Hinkle further indicated that the Finance Committee also voted to formally create the position of Police Sergeant at a supervisory level and establish a salary of $20,900. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE 1981 SALARIES AS RECOMMENDED BY THE FJNANCE COMMITTEE. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. . -JIIIIIIIII January 5, 1981 Page Five 17. Peterson Addition Lawsuit and Possible Appeal The City Administrator informed the City Council that the City's motion for ammending findings has been denied by Judge Dablow and further indicated that, as previously discussed, the City Council has two options, either appeal the case or let the decision stand. The City Administrator indicated that the City Attorney indicated that the City has a good chance of appealing the decision of the judge regarding the railroad crossing and further indicated that it was the City Administrator's recommendation to appeal the decision, as it establishes a precedent for future City operations. Councilman Duitsman indicated that he favored an appeal, as the City approved the improvements at the request of the residents in the Peterson Addition. Ms. Elaine Anderson questioned the cost of an appeal. The City Administrator indicated that the cost would depend on the ruling of the Supreme Court. Mayor Hinkle asked how the attorney would approach the Court regarding the assessing of the cost of the improvements. The City Administrator indicated that the attorney would approach the project like any other street project in a development. The costs are assessed to the benefiting property owners even though the streets maybe used by everyone. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY TO APPEAL THE JUDGE'S DECISION REGARDING THE PETERSON ADDITION LAWSUIT. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 18. Non-Con Items A. 3.2 Beer License for Dino's Pizza COUNCILMAN TOTH MOVED APPROVAL OF THE 3.2 BEER LICENSE FOR DINO'S PIZZA. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Bank Resolution The City Administrator indicated that the bank resolution was necessary to substitute Mayor Hinkle's name for signatures on documents rather than Ex-Mayor Madsen's name. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE BANK RESOLUTION AUTHORIZING MAYOR HINKLE'S SIGNATURE. COUNCIL~Jrn TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 19. Administrator's Update A. Sanitary Sewer Interceptor The City Administrator indicated that he, Mayor Hinkle, and Lyle Swanson, the City Engineer, met with Mr. George Dietz regarding the location of the sewer interceptor along Mr. Dietz's property with the leg across to the Barrington Place. The City Administrator indicated that Mr. Dietz in- cated that at the present time, he did not have plans for the site and that he approved of the proposed plan submitted by Mr. Swanson. The City Administrator indicated that Mr. Swanson would proceed with the preparation ~ January 5, 1981 Page Six of the plans and specifications of the sewer interceptor for the next scheduled City Council meeting. Councilman Toth asked that the specifications be prepared with an alternate cost for the line to proceed directly across the Dietz property. Councilman Duitsman also asked that the capacity of the lift station be considered in the preparation of the specifications for the future expansion of the sewer interceptor service to the north. B. City Code The City Administrator suggested that the City Council meet on a regular basis to review the City Code for approval and adoption. Councilman Duitsman suggested that the City Council meet January 26 at 7:30 p.m. at the City Hall and schedule the successive meetings as schedules permit with primary consider- ation to the fourth Monday of each month. 20. Check Register COUNCILMAN TOTH MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 21. Tentative Agenda The Library Board appointment, the plans and specifications for the sewer interceptor, the downtown revitalization project, the committee appointments, and the Paul Carton Public Hearing are all items tentatively scheduled for the next City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, ~, 4 ic I' \ ;/ /;1) .. , ~/iZ", &"""dl':ttlJ<f-'V Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dkk