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02-01-1982 CC MIN ~ REGULAR SEMI-MONTHLY MEETING OF THE ELK ~IVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY FEBRUARY 1, 1982 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 10c - Sanding and Graveling of the Streets was added to the February 1, 1982 City Council Agenda. COUNCILMAN DUITSMAN MOVED TO APPROVE THE FEBRUARY 1, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN SCHULDT SECONDED THE MOTION ~ THE. MOTION PASSED 4-0. 3. Minutes COUNCILMAN SCHULDT MOVED TO APPROVE THE MINUTES OF THE JANUARY 18, 1982 CITY COUNCIL MEETING. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Mr. Bob Fritz appeared before the City Council to question payment of court costs regarding the Fritz-Peterson court decision and to question the timing of the re-assessment of the project. The City Administrator explained that the City would reimburse court costs as soon as the City received the exact costs to be paid, and further explained that after a review of the improvement fund bal- ance, it would be determined when the re-assessment process would be done. 5. Purchase of Electronic Voting Devices Mayor Hinkle indicated that Mr. bale Palmer, Sherburne County Auditor, was present to answer any questions the Council may have regarding the electronic voting de- vices to be purchased for the City. Mr. Dale Palmer presented a demonstrator model of the electronic voting devices ordered by all precincts in the County except for Haven, Clear Lake, Santiago and the two Beckers. Mr. Dale Palmer indicated that the new voting devices would save considerable time in counting, as the punched cards are fed through a computer when counted. Mr. Dale Palmer also indicated that by law, the County mus.t hold a mock election to instruct the public of the new voting devices and by law, must also have a backup counting machine. Mr. Dale Palmer indicated that the backup machine has been provided by the school district. Mr. Dale Palmer explained that there will be four demonstrator models for each ward and four carrying cases for the punch card ballots, as well as five voting machines for each ward, for a total cost of approximately $2,300.00. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PURCHASE OF THE ELECTRONIC VOTING DE- VICES FOR THE CITY OF ELK RIVER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Meeting Minutes February 1, 1982 Page Two 6. St. Andrew's Bingo License COUNCILMAN. TOTH MOVED. TO APPROVE THE BINGO LICENSE FOR ST. ANDREW'S CATHOLIC CHURCH~ COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Appointment to Local Government Operations Committee Mayor Hinkle indicated that Mr. Jim Simpson has resigned from the Local Government Operations Committee, and further indicated that the committee is still interested in having six members and therefbre has suggested the appointment of Mr. Rob VanVaulkenberg to the committee. Mayor Hinkle indicated that Mr. VanVaulkenberg has expressed his interest in serving on the Local Government Operations Committee. COUNCILMAN ENGSTROM MOVED TO APPROVE THE APPOINTMENT OF ROB VANVAULKENBERG TO THE LOCAL. GOVERNMENT OPERATIONS COMMITTEE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Membership in the Minnesota Mayor's.Association Mayor Hinkle requested the approval of the City Council to belong to the Minnesota Mayor's Association and further indicated that the annual dues are $10. COUNCIL- MAN DUITSMAN MOVED TO. APPROVE THE MEMBERSHIP OF THE MAYOR TO THE MINNESOTA MAYOR'S ASSOCIATION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. St. Cyr's Liquor License Request Mayor Hinkle indicated that the new owners of the Kemethese Motel, St. Cyr's Inn, Inc., have applied for a liquor license for their restaurant operation. The City Administrator indicated that the application has been reviewed by the City's Chief of Police and has been found to be acceptable in all respects. Mr. Richard St. Cyr and Mr. Robert St. Cyr were present to answer any questions the City Council may have regarding the operation of the St. Cyr's Restaurant. Councilman Schuldt questioned the layout of the restaurant. Mr. Robert St. Cyr indicated that there would not be a bar in the restaurant and that drinks would be served from the kitchen. Mayor Hinkle questioned why the St. Cyr's Restaurant in Minneapolis did not serve liquor. Mr. Richard St. Cyr indicated that the ward their restaurant was located in was a dry ward in the City of Minneapblis. COUNCILMAN DUITSMAN MOVED TO APPROVE THE LIQUOR LICENSE REQUEST BY ST. CYR'S INN, INC. COUNCILMAN SCHULDTSECONDEDTHEM01ION~ THE MOTION FAILED 2-3. COUNCILMAN TOTH, COUNCILMAN ENGSTROM, AND MAYOR HINKLE OPPOSED. The City Administrator. indicated that the City does not have a policy regarding the number of liquor licenses issued by the City Council and therefore, indicated to the City Council that they must have a reason for the denial of the liquor license request by the St. Cyr's. Mayor Hinkle indicated that the City has issued four licenses at this time. and has proposed an increase of liquor license fees to $4,000, but after a presentation from the liquor license owners regarding the high cost of the $4,000 fee. the Council decided to reduce ~o this. ~nual fee to $3.500 and therefore. it was Mayor Hinkle's feeling. that the issuance of more City Council Meeting Minutes February 1, 1982 Page Three licenses would also create more competition for the present license owners. Councilman Duitsman indicated that he felt it was not the City Council's position to enter the marketplace and determine whether something was creating competition or not. Councilman Engstrom indicated that he was not in favor of the liquor license because of the type of cliente1ethat did patronize the Kemethese. Mr. Robert St. Cyr indicated that he felt it should be the owner's decision regarding the type of cliente1ethat they would serve. Councilman Schuldt indicated that he did not feel it was the Council's decision to determine the type of business or compe- titibn~a new business should have and further indicated that he felt the City Coun- cil should set a policy regarding the number of liquor licenses issued. The City Administrator indicated that it was his opinion that the denial of the St. Cyr's request for a liquor license indicates that the City Council does not want to issue any more liquor licenses and therefore, should inform the City staff of this intent. Mayor Hinkle indicated that he felt the City Council should dis- cuss the number of liquor licenses the City Council chooses to approve for the City of Elk River. Mr. Robert St. Cyr indicated that they would go to the Appeals Board regarding the denial of their liquor license request. 10. Administrator's Update A. City Council Levy Limit Position The City Administrator recommended that the City Council communicate to the legislature the City of Elk River's position on the 8 percent levy limit. The City Administrator indicated that the constraints of the 8 percent levy limit are not necessarily in dollars, but the State is prohibiting communities to expand. Councilman Duitsman indicated that he felt the 8 percent levy limit does not allow for the growth of communities and that a growing community is penalized. Mayor Hinkle indicated that at the League of Cities legislative conference, the majority of the participants in attendance voiced their dis- approval to the legislators of the 8 percent levy limit. Mayor Hinkle further indicated that the League indicated that they would be working with the leg- islators, specifically the senate, for any legislation to abolish the levy limit. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR AND MAYOR TO EXPRESS THE CITY OF ELK RIVER'S POSITION OF OPPOSITION TO THE 8 PERCENT LEVY LIMIT TO THE STATE LEGISLATURE. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED. 4-0. B. Water Department Acquisition The City Administrator indicated that during the budget hearings, consolidation of the water and sewer department had been discussed and to this point, nothing has been done. The CitYdAdministrator further indicated that the City staff needs some direction regarding planning for water in the City of Elk River. The City Administrator further indicated that with the development of the Barthel PUD, water may be needed and some future planning must be done. Councilman Duitsman indicated that the Utilities Commission does not have the expertise City Council Meeting Minutes February 1, 1982 Page Four in the planning and feasibility of water for the City of Elk River and further indicated the Utilities Commission would be hiring a consultant for that planning. Mayor Hinkle indicated that the City's Building and Zoning Administrator has indicated his concern of the growth in the City of Elk River, and the demand for water. The City Administrator indicated that if there was to be a change or consolidation of the water department and the sewer department, the study for the planning .of water service should be done by the body that will ultimately control the water department. The City Administrator further indicated that the City Council would be assessing and bonding for any water projects. Councilman Duitsman indicated that it was his feeling that the City staff should work with the Elk River Utilities re- garding a study and comprehensive plan. The City Administrator indicated that it would take a referendum to the people to have the control of the water depart- ment transferred to the City of Elk River. General discussion was carried on regarding construction, feasibility studies, maintenance, and bonding for the water department. Councilman Engstrom indica- ted that he felt it should be a joint effort between the Utilities Commission and the City Council and City staff. It was the general concensus of the City Council to request the Utilities Commission to meet with the City Council com- mittee regarding the acquisition of the operation of the water department by the City. C. Sanding of Streets Councilman Duitsman questioned the sanding of the streets; specifically, Proctor and Highway fila. The City Administrator indicated that the sanding is done as often as possible and wherever necessary. Councilman Toth questioned the stop signs on Dodge Avenue. The City Administra- tor indicated that the stop signs have been ordered and that the placing of the signs in the downtown area would be done as soon as possible. General discussion was carried on regarding the industrial revenue bond process; specifically, the residential industrial revenue bonds for the Tamarack Addition. The City Administrator indicated that the resolution adopted by the City Council specifically named Tamarack for the residential industrial revenue bonds. Mayor Hinkle suggested that the City Council adopt a policy of expressing appreciation to volunteer persons serving on various committees. Councilman Duitsman suggested that the City Administrator send a letter of aPl?reciation to the Planning Commission mem- bers that have served on the Planning Comm1ssion. 11. Duane Thomas Administrative Subdivision Request -Public Hearing The City Administrator indicated that Mr. Duane Thomas and Ms. Karen Thomas have requested an administrative subdivision to divide one large piece of property into two smaller pieces and further indicated that the reason for the request is that there are presently two principal single-family dwelling units on the one lot. The City Administrator indicated that the lot and dwellings must be separated in order to obtain clear title for each dwelling unit. The City Administrator further indicated that one lot would become a nonconforming lot in relation to size re- quirement, but that the line dividing the two lots did taken into consideration City Council Meeting Minutes February 1. 1982 Page Fi'\le ~ the setbacks for the buildings. COUNCILMAN SCHULDT MOVED TO APPROVE THE DUANE THOMAS ADMINISTRATIVE SUBDIVISION. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Check Register COUNCILMAN SCHULDT MOVED TO APPROVE THE FEBRUARY 1. 1982 CHECK REGISTER. COUNCIL- MAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Tentative Agenda The Dickenson Re-Zone Request, Conditional Use for Food and Fuel. and the Con- ditional Use for Barbara Burandt are all items tentatively scheduled for the February 18, 1982 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, ~~1L YJ~ Phyl11s Boedigheimer Deputy City Clerk/Treasurer PB:dkk