02-02-1981 CC MIN
REGULAR SEMI-MONTHLY MEETING OF THE
ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
FEBRUARY 2, 1981
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Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Toth and Duitsman
Members Absent: None
1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle.
2. Agenda
Item 7~, Sludge Collectors, was added to the February 2, 1981 City Council
Agenda. COUNCILMAN TOTH MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN
DUITSMAN SECONDED THEMOTION~ THE MOTION PASSED 4-0.
3. Minutes
COUNCILMAN ENGSTROM MOVED APPROVAL OF THE MINUTES OF THE JANUARY 19, 1981 CITY
COUNCIL.MEETING~ COUNCILMAN. SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0.
4 . Open Mike
1. Mr. Bob Fritz appeared before the City Council to discuss the penalty he
has received for non-payment of the special assessments assessed to his
property for the railroad crossing. Mr. David Sellergren, Attorney for
the City, explained that the assessment is lawful and the City has the
authority to collect the assessments unless the Court determines otherwise.
Mr. Fritz questioned the possibility of negotiating a settlement with the
City on the basis that his property does not receive the benefits in the
amount assessed. Mr. Sellergren indicated that the appeal to the Supreme
Court is based on the issue that the railroad crossing costs are assessi-
ble and that there would be a possibility that the amount of the assessment
for Mr. Fritz's property could be negotiated. Mayor Hinkle sug~ed that
Mr. Fritz contact the City Administrator for an appointment to discuss the
possibilities of negotiating a settlement.
2. Ms. Terry Hemmelgarn, part-time clerk for the liquor store, appeared be-
fore the City Council to ask why the sales clerks have not received a
raise in their salaries for 1981. Mayor Hinkle explained that the City
Council sets salaries for department heads only and referred Ms. Hemmel-
garn to the City Administrator, regarding the part-time sales clerks'
salaries.
5. Municipal State Aid Street System Presentation
Mr. Terry Maurer of Consulting Engineers Diversifed, was present to discuss
with the City Council the City's Municipal State Aid Street System. Mr.
Maurer indicated that the City was eligible for approximately five miles of
additional Municipal State Aid streets, and that unless the additional mileage
is placed on the system, and the monies allocated to the City for the construc-
tion are used, the City could begin to lose Municipal State Aid street money
in future years. Mr. Terry Maurer indicated that it was his recommendation
that the City revise their MunicipaL State Aid System to include all eLigible
mileage and utilize the construction funds aLlocated to the City of ELk River.
February 2, 1981
Page Two
Questions were raised by the Council as to the type of projects covered
under the State Aid System. Mr. Jeff Roos, of Consulting Engineers Diversified,
explained that the Municipal State Aid street projects could include sidewalks,
curbs and gutters, storm sewer drainage and streets, and recommended to the
Council that Consulting Engineers Diversified make recommendations to the City
Council, regarding projects to be added to the Municipal State Aid System.
Mr. Jeff Roos further indicated that in order to prevent the loss of funds,
the construction project costs had to be encumbered by June 30, 1981, and
suggested that Consulting Engineers Diversified recommend projects and submit
cost estimates.
Mayor Hinkle indicated that the City Administrator recommended the appointment
of a temporary committee to review the recommendations of Consulting Engineers
Diversifed. Mr. Jeff Roos indicated that street projects and cost estimates
could be presented to the Council by April 1, 1981. Councilman Toth volunteered
to chair an ad hoc committee to discuss the recommendations of Consulting Engi~
neers Diversified, regarding the City's Municipal State Aid street system
program. It was the concensus of the City Council that the ad hoc committee
would consist of the whole Council. COUNCILMAN SCHULDT MOVED APPROVAL OF THE
APPOINTMENT OF .AN AD HOC COMMITTEE OF THE WHOLE COUNCIL, LARRY TOTH AS CHAIR-
MAN, TO REVIEW THE CITY'S MUNICIPAL STATE AID STREET SYSTEM PROGRAM AND MAKE
A RECOMMENDATION TO THE CITY COUNCIL REGARDING SAID PROGRAM, AND TO AUTHORIZE
THE CITY ADMINISTRATOR AND THE CITY'S CONSULTING ENGINEERS TO PROCEED WITH
THE BACKGROUND INFORMATION TO PRESENT.TO THE COMMITTEE. COUNCILMAN ENGSTROM
SECONDED THE MOTION. THE MOTION PASSED .4-0.
6. Countryside Acres Lot Split
The City Administrator indicated that the owner of Lot 2, Block 1, Countryside
Acres, has requested permission to split a portion of Lot 2, so that the owner
of Lot 1, Block 1, could attach that piece of property to Lot 1, and further
indicated that in order to prevent a problem of the separation of a piece of
property from Lot 2, which in effect has created three separate pieces of property,
the City Council must adopt a resolution which allow the formal lot lines of lots
1 and 2 to be altered to reflect the property transfer. Councilman Toth indicated
that there was a pond in the middle of the two lots and the lot split was done
to provide both owners with part of the pond in order to maintain and preserve
the ponding area. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 81-6, AUTHORIZING
THE CONVEYANCE OF APART OF LOT 2, BLOCK 1, COUNTRYSIDE ACRES TO BE ATTACHED TO
AND INCLUDED. IN. LOT 1, BLOCK. 1 ~ COUNTRYSIDE.. ACRES. COUNCILMAN DUITSMAN SECONDED
THE MOTION. THE MOTION PASSED 4-0.
7. Amusement Device Ordinance
The City Administrator indicated that the present ordinance requ1r1ng the issuance
of licenses for individuals wishing to operate businesses utilizing various types
of mechanical amusement devices is a rather poor one, and presents both enforcement
and legality questions, and as such, a new ordinance was drafted dealing with
licenses for mechanical amusement devices as part of the draft City Code.
Councilman Duitsman questioned the need of adopting the mechanical amusement
device ordinance, prior to the adoption of the new City Code. The City Administrator
indicated that a request for a license to operate an amusement room has been received
by the City, and further indicated that it was his recommendation that the City
February 2, 1981
Page Three
Council adopt Ordinance 81-1, establishing Section 710.00 - Mechanical Amusement
Devices - of the City Code. General discussion was carried on regarding the need
of licensing of juke boxes, and it was the general concensus of the City Council
that the words "juke box" be removed from the ordinance. COUNCILMAN DUITSMAN
MOVED TO ADOPT ORDINANCE 81-1, ESTABLISHING SECTION 710.00 - MEC~ICAL AMUSEMENT
DEVICES - WITH THE DELETION OF THE WORDS "JUKE BOX" IN SECTION 710.00, SECTION
710.02, AND SECTION 710.08. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE
MOTION PASSED 4-0.
7~. Sludge Collectors
The City Administrator indicated that approximately a month ago, bids were received
to replace the chain, sprockets, and gear for the sludge collectors at the Waste-
water Treatment Plant, and further indicated that the bids were rejected because
of the high cost. The City Administrator indicated that it was suggested by the
low bidder that approximately $8,000-$9,000 could be saved by refurbishing the
sludge collectors and the replacement of the chain. COUNCILMAN TOTH MOVED TO
AUTHORIZE CITY STAFF TO RECEIVE BIDS FOR THE CHAIN REPLACEMENT AND REFURBISHING OF
THE SLUDGE. COLLECTORS AT THE WASTEWATER TREATMENT PLANT. COUNCILMAN ENGSTROM
SECONDED THE MOTION. THE MOTION PASSED 4-0.
8. Administrator's Update
A. Sanitary Sewer Interceptor Grant
The City Administrator indicated that he was proceeding with discussions with
the Upper Great Lakes Commission and the Farmer's Home, and submitted applica-
tions for a grant on the sewer interceptor project. Councilman Toth questioned
whether Barrington Place was included in the grant application project. The
City Administrator indicated that there was a certain dollar amount eligible for
the grant and the balance for a low interest loan, and further indicated that
discussions with Farmer's Home would also involve the Industrial Park.
B. Barrington Place Sewer Extension Assessment Area and Other Related Lateral
Sewer Lines
The City Administrator suggested that the City Council establish a committee to
discuss the laterals and the assessment area and to make recommendation to the
City Administrator and City Engineer regarding the project. Mayor Hinkle
suggested the committee consist of the whole Council. Councilman Duitsman
suggested the committee wait until after the bids have been received in order
to discuss assessment policy questions and the assessment areas.
9. Non-Con Items
A.. Board of Equalization Meeting Date
The City Administrator indicated that the Board of Equalization date was set
for Wednesday, May 13, 1981.
B. Issuance of 3.2 off-sale beer license for Ron's Country Foods and Ron's Star
Market
COUNCILMAN DUITSMAN MOVED APPROVAL OF THE 3.2 OFF-SALE BEER LICENSE FOR RON'S
COUNTRY FOODS AND RON'S STAR MARKET. COUNCILMAN TOTH SECONDED THE MOTION.
THE MOTION PASSED 4~0.
February 2, 1981
Page Four
C. Final Pay Estimate for Peterson Addition
COUNCILMAN DUITSMAN MOVED APPROVAL OF THE FINAL PAY ESTIMATE TO NDH, INC.
IN THE AMOUNT OF.$60,289.41 FOR THE PETERSON ADDITION. COUNCILMAN ENGSTROM
SECONDED.THE.MOTION. THE MOTION PASSED 4-0.
10. Check Register
COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN SCHULDT
SECONDED THE MOTION. THE MOTION PASSED 4-0.
11. Tentative Agenda
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Councilman Toth's appointment to the City's Beautification Committee, and the
Planning Commission's request for per diem and mileage are items tentatively
scheduled for the February 17, 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.
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Phyllis Boedigheimer
Deputy City Clerk/Treasurer
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