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01-19-1981 CC MIN ~ REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 19, 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 Mayor Dick Hinkle. 2. Agenda Item Number 12~, Liquor license application by Mr. Richard Kurth; and Item Number 13~, Attendance at League conference for newly elected officials, were added to the January 19, 1981 City Council Agenda. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN DUITSMJL~ SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Councilman Duitsman corrected Item 7, the Planning Commission appointments and terms, as follows: Councilman Duitsman appointed Harry Kreuser to a two-year term on the City Planning Commission. COUNCILMAN ENGSTROM MOVED APPROVAL, AS CORRECTED, OF THE MINUTES OF THE JANUARY 5, 1981 CITY COUNCIL MEETING. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Mr. Cliff Lundberg, attorney for the plaintiff in the Peterson Addition Lawsuit, appeared before the City Council to request that the City Council drop their appeal to the Supreme Court, regarding the decision handed down by the District Judge, in the Peterson Addition Lawsuit. Mr. Lundberg indicated that it was the Court's decision that the cost of the signal crossing could not be assessed and, as that was a major part of the City's appeal, Mr. Lundberg suggested that the results of the appeal would be the same as the District Judge's decision. Mr. Lundberg further suggested that the Court would determine that the City would have to re- assess the project costs, based upon benefits received by the property owners. Mr. Lundberg indicated that his clients in the lawsuit wouldcounter-appeal the case to the Supreme Court and further indicated that they would request the Court to determine certain findings based upon the theory that the cost of the crossing cannot be assessed, and also indicated that they would appeal the decision for their attorney fees. The City Administrator suggested to the City Council that they consult with the City's attorney regarding the decision to appeal the District Court decision prior to any discussions with Mr. Lundberg, as Mr. Lundberg is the attorney for the plaintiff. 5. Sanitary Sewer Interceptor Plans and Specifications Mr. Lyle Swanson, of McCombs-Knutson, was present to review the plans and specifi- cations for the sanitary sewer interceptor, to present the preliminary engineering report for the interceptor on the east side of Highway #169, and to answer any questions the City Council may have regarding the report or the plans and specifi- cations. Mr. Lyle Swanson indicated that he had discussed the interceptor project with the property owners along School Street, the owners of the Guardian Angels and Mr. Dietz, and indicated that to allow flexibility of all properties, the interceptor line would primarily follow the property lines. Mr. Swanson indicated January 19, 1981 Page Two that the line would be deep enough to prevent the need of a lift station. Mr. Swanson further indicated that the preliminary engineering report for the Barrington Place PUD provided for half of the area to be serviced by the new interceptor and half to be serviced by the present sewer line to the south. General discussion was carried on between Mr. Gary Santwire, the City Council and Mr. Lyle Swanson regarding the elevation of the sewer line, the size of the line, what areas are to be serviced, what areas benefited, area cost versus per unit cost, and the timing of the project. The City Administrator indicated that if the City Council approved the layout of the interceptor and the concept as a whole, the City could proceed and advertise for bids. The City Administrator suggested that the City Engineer could prepare information regarding areas benefited and to be assessed prior to the ordering of the project and awarding of the contract. Mr. Swanson suggested that the City advertise for bids for the sewer interceptor with an alternate to bid the interceptor across Highway 11169. COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 81-5, ACCEPTING THE UPDATED FEASIBILITY REPORT, AP- PROVING THE PLANS AND SPECIFICATIONS FOR THE SEWER INTERCEPTOR, ORDERING THE AD- VERTISEMENT FOR BIDS AND CALLING A PUBLIC HEARING FOR APRIL 27, 1981 AT 7:30p.m. IN THE SENIOR HIGH SCHOOL. COUNCILMAN ENGSTROM.SECONDED.THE.MOTION. THE MOTION PASSED 4-0. 6. City Beautification Comrilittee Resolution Mayor Hinkle presented a resolution establishing a City Beautification Committee to the City Council for approval. The City Administrator asked the City Council for any suggestions, additions or corrections to the resolution as drafted. Councilman Toth indicated that it was his opinion that it was not necessary that the Committee should consist of seven voting members. Councilman Schuldt suggested that the Committee consist of five voting members. It was the concensus of the City Council to have five voting members to the City Beautification Committee appointed by the Mayor and confirmed by the City Council. Councilman Duitsman indicated that Alberto Sanudo would like to serve on the City Beautification Committee. Councilman Schuldt questioned the sources and regulations regarding funds for the City Beautification Committee. The City Administrator explained that funds allocated by the City Council would be spent in accordance with City rules and policies normally applied to the expenditures of City funds, and that funds obtained from other sources by donation or fund~raising events could be received and disbursed at the discretion of the Committee. The City Administrator further explained that these funds could be deposited in trust with the City of Elk River and the City, at the discretion of the Committee, would issue checks against these deposited funds and maintain records, or, these funds could be deposited directly by the Committee for its disbursement, in w~ich case the Committee would keep the necessary and appropriate records. COUNCILMAN ENGSTROM MOVED TO ADOPT RESOLUTION 81-4, ESTABLISHING A CITY BEAUTIFICATION COMMITTEE, WITH THE AMENDMENT THAT THE COMMITTEE SHALL CONSIST OF FIVE VOTING MEMBERS APPOINTED BY THE MAYOR. AND. CONFIRMED BY THE CITY. COUNCIL. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED TO APPOINT ALBERTO SANUDOTO THE CITY BEAUTIFICIATION COMMITTEE. COUNCILMAN TOTH SECONDED THE MOTION.. THE MOTION PASSED 4-0. January 19, 1981 Page Three 1 7. City Council Committee Structure and Assignments Mayor Hinkle indicated that the proposed Council Committees were as follows: The Finance Committee, the Personal and Public Relations Committee, the Public Works Committee, and the Protective Services Committee. Councilman Toth suggested that the Council have three committees rather than four, because of the time required by the Councilmembers to serve on four committees. Councilman Duitsman suggested combining the Public Works Committee and the Protective Services Committee. The City Administrator suggested that if the Public Works Committee and Protective Services Committee be combined, that committee could be a Department Operations Committee. Councilman Duitsman recommended approval of the three committees, and further suggested that if one gets too cumbersome, it could be broken down into two committees. COUNCILMAN TOTH MOVED APPROVAL OF THE CITY COUNCIL COMMITTEES AS THE FINANCE COMMITTEE, THE PERSONNEL AND PUBLIC RELATIONS COMMITTEE, AND THE DEPARTMENT OPERATIONS COMMITTEE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Administrator suggested that the City Council may wish to consider a committee that may involve the City Council itself, the rules, policies, and procedures by which the City Council operates. Councilman Toth indicated that he felt a committee of this type would not be necessary at this time. Mayor Dick Hinkle asked the City Council members to volunteer for positions on the City Council Committees. Councilman Toth volunteered to serve on all three committees; the Finance Committee, the Personnel and Public Relations Committee, and the Depart- ment Operations Committee. Councilman Duitsman volunteered to Chair the Finance Committee and serve on the Personnel and Public Relations Committee. Mayor Hinkle volunteered to chair the Personnel and Public Relations Committee and serve on the Finance Committee. Councilman Engstrom volunteered to chair the Department Operations Committee and serve on the Personnel and Public "Relations Committee. Councilman Schuldt volunteered to serve on all three committees. COUNCILMAN TOTH MOVED APPROVAL OF THE COUNCIL COMMITTEES AS FOLLOWS: FINANCE - COUNCILMAN TOTH, COUNCILMAN SCHULDT, AND COUNCILMAN DUITSMAN, CHAIRMAN: PERSONNEL AND PUBLIC RELATIONS -COUNCILMAN TOTH, COUNCILMAN SCHULDT, COUNCILMAN DUITSMAN, COUNCILMAN ENGSTROM, AND MAYOR HINKLE, CHAIRMAN; DEPARTMENT OPERATIONS - COUNCILMAN TOTH, COUNCILMAN SCHULDT, AND COUNCIL- MAN ENGSTROM, CHAIRMAN. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Paul Carton Request for Lot Split Mr. Paul Carton was present to request approval by the City Council of a lot split for his property located on Proctor Avenue immediately south of 193rd Avenue. Councilman Toth indicated that once the lot split was approved, it could not be split or changed again. COUNCILMAN TOTH MOVED APPROVAL OF THE LOT SPLIT REQUEST BY PAUL CARTON FOR HIS PROPERTY LOCATED ON PROCTOR AVENUE, IMMEDIATELY SOUTH OF 193rd AVENUE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Recreation Board Appointments Mayor Hinkle indicated that the appointment of Ken Nelson and Darrell Mack to the Recreation Board had been discussed before but never approved. General discussion was carried on regarding the size of the membership of the Recreation Board and communication problems between the Recreation Board and the City Council. Councilman Engstrom indicated his approval of the appointment of Darrell Mack and Ken Nelson to the Recreation Board, as these persons work with the facilities used and needed ~ January 19, 1981 Page Four by the Recreation Board. COUNCILMAN SCHULDT MOVED APPROVAL OF THE ~PPOINTMENT OF KEN NELSON AND DARRELL MACK TO THE RECREATION BOARD. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Library Board Appointments COUNCILMAN DUITSMAN MOVED TO APPOINT JOHN NOER TO THE LIBRARY BOARB FOR A THREE YEAR TERM. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Hobbit Hills Pay Estimate Number 1 COUNCILMAN SCHULDT MOVED APPROVAL OF PAY ESTIMATE NUMBER 1 FOR HOBBIT HILLS IN THE AMOUNT OF $53,528.94 TO BAUERLY BROTHERS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Pinewood Final Pay Estimate COUNCILMAN TOTH MOVED APPROVAL OF THE FINAL PAY ESTIMATE FOR THE PINEWOOD ADDITION IN THE AMOUNT OF $65,044.50 TO NDH, INC. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 12~. Liquor License Application by Richard Kurth The City Administrator indicated that Mr. Kurth had applied for a liquor license to be used at Fill's Place, and further indicated that Mr. Kurth has not held a liquor license! before, does not have a public record, and approval is recommended by City Staff. Mr. Kurth indicated to the City Council that Will's Place would have some remodeling done on the interior and perhaps exterior, and further indicated that it would be a pizza and sandwich establishment. Mr. Kurth further indicated that entertainment would be provided on Friday and Saturday night. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE LIQUOR LICENSE.TO MR. RICHARD KURTH. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Eagles Club 1981 Gambling License Application The City Administrator indicated that the Eagles Club has had a gambling license and that they are applying for renewal of that license. COUNCILMAN TOTH MOVED APPROVAL OF THE 1981 GAMBLING LICENSE FOR THE EAGLES CLUB. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 13~. League Conference for Newly Elected City Officials COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CITY TO PAY FOR THE ATTENDANCE OF MAYOR HINKLE AND COUNCILMAN SCHULDT TO THE LEAGUE CONFERENCE FOR NEWLY ELECTED CITY OFFICIALS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Administrator's Update A. Downtown Revitalization Program The City Administrator indicated that the program is designed primarily for training and capacity building purposes, and further indicated that the State Planning Agency indicated that two cities would be selected from those who apply, and these two cities will then participate in two to three workshops or January 19, 1981 Page Five ~ training sessions designed to address the needs and concerns of the revitali- zation effort in the particular cities selected. The City Administrator indicated that the City of Elk River has sent an application to the State Planning Agency for the program and that addition~l information will be forth- coming regarding the program. B. Sanitary Sewer Interceptor Grant Progress The City Administrator indicated that he and Mayor Hinkle had met with the Farmer's Home Administration and the Upper Great Lakes Commission, regarding the application for grants and/or loans for the sewer interceptor project. The City Administrator indicated that the grants were in the $200,000 range and that the interest on the loans are in the approximate 5% range, and further indicated that the City Council would be kept abreast of the progress in the applications. 15. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. It was the concensus of the City Council that the second City Council meeting in February would be held Tuesday, February 17, 1981, as Monday, February 16, 1981 is a holiday. 16. Tentative Agenda The sewer interceptor and Councilman Toth's appointment to the City Beautification Committee are items tentatively scheduled for the February 2, 1981 City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, Q.1;4 8~1~ Phyllis Boedighei~er Deputy City Clerk/Treasurer PB:po