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07-19-1982 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JULY 19, 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 21-b, Downtown Park, was substituted for Noxious Weed Program, an<;l Item 21-f, Open Meeting Policy, was added to the July 19, 1982 City Council Agenda. COUNCILMAN SCHULDT MOVED TO APPROVE THE JULY 19, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. . THE MOTION PASSED 4-0. 3 . Minutes COUNCILMAN DUITSMAN MOVED TO APPROVE THE MINUTES OF THE JULY 12, 1982 CITY COUNCIL MEETING. COUNCILMAN.SCHULDT.SECONDED.THE.MOTION. THE.MOTION.PASSED 4-0. 4. Open Mike Mr. William Greene, of 17925 227th Avenue Northwest, appeared before the City Council regarding the maintenance of 227th Avenue. Mr. Greene indicated that 227th gets very muddy after a rain and makes it very difficult for travel, and further indicated that there is about !.z; mile of low spots that need to be repaired. Mr. Bob Malsom, 13909 227th Avenue Northwest, indicated that there is a culvert in 227th Avenue that has separated and that the road has washed out which there- fore has caused him a tire blowout. The City Administrator indicated that he has discussed the problem of 227th Avenue with the Street Superintendent and further indicated that the Street Department could possibly fill the low spots and then create a base of cinders along that section of 227th with a layer of Class 5 over the cinders to prevent the dust problem. It was the general con- sensus of the City Council to authorize the Street Superintendent, Ken Nelson, to proceed with the repairs and maintenance of 227th with the process of a base of cinders and a layer of Class 5 over th~ cinders. Mr. Bob Fritz appeared before the City CO~p.ci1 regarding the .interest rate pro- posed to be paid for the overpaid assessments in the Peterson Addition. Mr. Fritz indicated that is.was his belief th~t the District Court determines the interest to be paid on judgements. The C~ty Administrator indicated that the City's attorney has indicated that the in~erest rate due on the Peterson Ad- dition overpaid assessments would be six (6) percent, according to State Statute. The City Administrator further indicated that the Statute Mr. Fritz was referring to was regarding verdicts and judgments, aind that the amount to be refunded is on overpayment of assessments. It was the general consensus of the City qouncil that the City's attorney provide a written opinion to the City Council regardiing the ;interest rate to be paid on the overpaid assessments in the Peterson ~ddition. City Council Minutes July 19, 1982 Page Two 5. Barthel Planned Unit Development Review Schedule I Mayor Hinkle indicated that at the July l~th City Council meeting, the Council's motion regarding the Barthel Planned UnitjDevelopment was to refer their pro- posal back to the Planning Commission. Mdyor Hinkle further indicated that at a Council Committee meeting on Wednesday, iJuly 14th, the Council discussed the possibility of altering its actions regar4ing referring the Barthel Planned Unit Development back to the Planning Co~ission for review. Mayor Hinkle then read a memorandum from ~he Mayor to theCouncilmembers, regard- ing the Council's action taken at the July 12th meeting. Mayor Hinkle indicated that through the Council's action of apprqving a 75,000 square foot shopping facility for the Barthel Planned Unit Dev~lopment, the Council has voted to move, not expand, the .Elk River downtown retail iarea. Mayor Hinkle further indicated that this action is in direct opposition to the officially-adopted planning docu- ments. Mayor Hinkle indicated that the C~ty should.promote the opportunity to simultaneously develop both commercial areas asa uniform, compatible whole. Mayor Hinkle further indicated that he fe~t the staging of the development as the Planning Commission recommended with phase one consisting of 55,000 square feet would be a well-planned shopping fac~lity. Mayor Hinkle also indicated that it was his feeling that the review schedu~e should include the Planning Commission. Councilman Duitsman suggested the Barthel ,people provide information regarding the planning of the larger shopping facility. , Mr . Marlin Hutchinson, representative of the ~Barthel Planned Unit Development, tndicated that there is a wide variety of opinions as to what is the proper sizeiof the shopping facility necessary for the City of Elk River and the planned unitt development. Mr. Hutchinson indicated that the Barthel people have presented thIfee different types of shopping facilities ranging from 100,000 sq. ft. to 55,000 sqt+are feet and further indicated that the Barthel people could live with any of thelproposals, but felt the bigger, the better. Mr. Hutchinson indicated tha.t a 55,000 sq ~ ft. strip center could be done very nicely and then with future expansion, a 1l!lall could be included. Mr. Hutchinson further indicated that the proposed 75,000 sq. ft. facility did include a mall. Mayor Hinkle indicated that when the Barthel group visited him, their proposed 51,000 square foot center did contain a mall and that at the July 12th Council meeting, Mr. Barthel indicated that a 55,000 sq. ft. facility could not contain a mall. Laura Mansky indicated that a facility of i5,000 sq. ft. containing a mall would be difficult and that the proposed 75,000 isq. ft. facility with a mall was pro- posed to make the project work out. Councilman Duitsman indicated that the Ben Franklin store would take 13,000 sq. feet of the proposed additional 20,000 sq4are feet and further indicated that the Ben Franklin would not stay where they ar~ and would eventually move somewhere. Mr. Rob VanValkenburg, business owner in ~he downtown area, indicated that the downtown people are becoming organized to ipromote development and improvements in the downtown area. Mr. VanValkenburg tndicated that the downtown people felt City Council Minutes July 19, 1982 Page Three they could accept the proposed 55,000 square foot shopping facility in the planned unit development. Mr. VanValkenburg further indicated that the downtown people are not locked into their present locations and some moving around of the different store could happen. Councilman Duitsman indicated that the City Council accepted Mr. Zack Johnson's report as a guide and not necessarily the economic data. Councilman Duitsman further indicated that he felt the City Council must work to make Elk River a viable community and therefore, must have something to encourage people to come to Elk River. Councilman Duitsman indicated that he felt the shopping facil- ity should be of the 75,000 square foot size, and further indicated that he felt the questions of streets, storm sewer and water could have been addressed at a special meeting of the City Council. Mr. Clarence Barnier indicated that he felt the City Council must consider both proposed developments on both sides of Highway #169. Mr. Gary Santwire indicated that according to the HRA Redevelopment Plan, the proposed 115,000 square feet of shopping facilities is not even close to the 44,000 square feet suggested in the study. Mr. Santwire questioned who would be using the 55,000 sq. ft. and why a mall could not be built within the 55,000 sq. feet. Councilman Schuldt indicated that at a previous City Council meeting workshop, the City Council discussed the various aspects of city government, specifically, the role of the zoning and Planning Commission. Councilman Schuldt indicated that the Commission wants more involvement in the deliberations of the City's future and that the City Council commended their desire and agreed that the Commission should be involved. Councilman Schuldt indicated that the Barthel Planned Unit Development proposal was presented to the Planning Commission and accepted.with certain conditions, and further indicated that the latest proposal accepted with the conditions by the Planning Commission was rejected by the City Council and in its place was substituted a project of a different size. Councilman Schuldt in- dicated that the Planning Commission has requested that the new proposal be pre- sented to them for their recommendation and now the City Council is considering bypassing the Planning Commission's recommendation. Councilman Schuldt indicated that he felt the City Council would be denying the Planning Commission its right- ful role, the same role that the City Council agreed upon less than a week pre- vious. Mr. Rob VanValkenburg indicated that it was the downtown people's understanding that the proposal for the 75,000 square foot shopping facility for the Barthel Planned Unit Development would be resubmitted to the Planning Commission and to know that the City Council is considering it prior to the Planning Commission's recommendation is of great concern to the downtown people. Estelle Gunkel, a representative of the Planning Commission, indicated that the Planning Commission has reviewed the preliminary plat and conditional use for the Barthel Planned Unit Development and had made a recommendation to the City Coun~ cil. Ms. Gunkel further indicated that the Planning Commission could not approve the conditional use because all the findings necessary for a conditional use were City Council Minutes July 19, 1982 Page Four not satisfied. Ms. Gunkel further connnented on her personal thoughts regarding the Barthel Planned Unit Development. Ms. Gunkel indicated that she felt the proposed 55,000 sq. ft. shopping facility without a mall is used as a leverage for the Council to obtain approval for a large facility that could contain a mall. Ms. Gunkel further indicated that the City has not addressed the street problems, the storm sewer problems and the water problem to service the planned unit development, and further indicated that the proposed 75,000 sq. ft. facility does not fit into the scheme of the redevelopment plan for the City of Elk River. Mr. Steve Johnson, a representative of the downtown business district, indicated that he felt a 75,000 sq. ft. shopping facility in the Barthel Planned Unit Development would cause the downtown connnunity to deteriorate, in which case everyone would lose. Mr. Johnson further indicated that the downtown connnunity is determined to maintain the downtown and that they welcome fair competition. Mr. Johnson indicated that the City Council must consider what is best for the whole connnunity and further indicated that he felt the City Council should con- sider the Planning Connnission's reconnnendation. Councilman Schuldt again indicated that he felt the reconnnendation should come from the Planning Connnission prior to Council approval. Gary Santwire indicated that if the developers were happy and satisfied with a 55,000 square foot facility, and that the downtown connnunity would accept a 55,000 square foot facility, the motion could be amended for approval. Councilman Toth questioned the number of stores proposed in the 55,000 square foot facility and the rental costs should a mall be included in the 55,000 square foot facility versus rental costs for a 75,000 square foot facility. The City Administrator indicated that the costs for streets, storm sewer and water would be approximately the same regarding the size of the facility at 55,000 sq. ft. or 75,000 square feet. Mr. Laura Mansky, representative from the Barthel Planned Unit Development, in- dicated that due to the elimination of a mall in the 55,000 square foot facility, the rents should remain about the same as compared to the 75,000 square foot facility. Councilman Toth further indicated that it was his feeling that the report from Mr. Showalter would not have been submitted had it not been favorable for the downtown people. Mr. Rob VanValkenburg indicated that Mr. Showalter was in- structed to provide unbiased information regarding the development in the com- munity of Elk River. Councilman Toth indicated that he believes the proposed Barthel Planned Unit Development has caused the downtown connnunity to become aware of the possibilities of what may happen and has caused them to get some- thing done about their downtown connnunity. Representatives of the downtown connnunity indicated that they have improved their store fronts and have done most of their improvements through their own retained earnings without outside help. Councilman Duitsman indicated that he felt the City Council could issue a con- ditional use permit to the Barthel people with the stipulation that the streets, City Council Minutes July 19, 1982 Page Five storm sewer and water could be addressed at a separate meeting of the City Council. Councilman Schuldt indicated that a meeting with the City Attorney was scheduled for the following evening and that he felt the issue could not be addressed until all of the conditions would be considered. The City Administrator indicated that the six standards of a conditional use are only a part of the conditional use and that the heart of the conditional use is the current size proposed. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PROPOSED SCHEDULE OF THE BARTHEL PLANNED UNIT DEVELOPMENT TO BE SUBMITTED TO THE PLANNING COMMISSION FOR THEIR RECOMMEND ION PRIOR TO CITY COUNCIL CONSIDERATION. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Heavenly Hills Petition for Road Improvements The City Administrator indicated that the City had been approached by a repre- sentative of the Heavenly Hills area regarding maintenance and improvement of the road in the Heavenly Hills Addition. Mr. Jim Tralle, Vice-President of the Heavenly Hills Association, indicated that he was representing sixteen homeowners presenting a petition to the City Council, requesting that the City take over the improvement and maintenance of the roads in the Heavenly Hills Addition. Mr. Tralle indicated that there are members of the Association that have not paid their annual dues for maintenance of the roads in the Heavenly Hills Addition. Mr. TraIle further in- dicatedthat he has a petition with sixteen signatures in favor of the City taking over. the roads. Mr. Tralle further indicated that the Association was prepared to leave in escrow with the City a sum of $400.00 for the Association's share in the costs of a feasibility study for the improvement project. Mr. Jake Jacobson, a representative of those opposed to the petition, indicated that the road improvements would be a financial burden on the people in the Heavenly Hills Addition. Mr. Jacobson indicated that the Association was not authorized to spend money on anything but road maintenance and further indicated that through his estimates, the cost of the improvement project would be approximately $7,500.00 per home in the development. Mr. Jacobson further indicated that he felt the Asso- ciation's maintenance program was working for the maintenance of the roads in the Addition. Ms. Darlene Anderson submitted examples of three comparable properties in the City of Elk River, indicating that the road improvements would not improve the property. Ms. Jane Anderson indicated that it was her opinion that the Association maintenance agreement has not been working for the past two years. Ms. Anderson indicated that of the nine people signing the petition against the City taking over the streets, seven had not paid their Association dues. Mr. Ron Wurm, Ms. Rita Hershey, Ms. Kitty Alman, and Mr. Lee Mitzel, all expressed their opposition to the City taking over the streets in the Heavenly Hills Addition. City Council Minutes July 19, 1982 Page Six General discussion was carried on regarding the estimation of costs for a feasi- bility study and the improvements of the roads in the Heavenly Hills Addition. Mr. Jim Tralle indicated that he felt the City would take over the roads sooner or later and that the decision should be made by the majority of the owners in the Addition. Mr. Bruce Anderson indicated that there definitely was a problem with the people in the Addition; those that didn't care didn't pay their Association fees, and those that were concerned about the maintenance of the roads paid their Association fees and wanted the City to take over the roads. The City Administrator indicated that if there was a workable legal agreement that could be implemented for the homeowners in the Heavenly Hills Addition, would it be satisfactory to the people represented at the Council meeting. It was the general consensus that the homeowners in the Heavenly Hills Addition should have a meeting to discuss the possibility of a legal organization for the maintenance of the roads. Councilman Schuldt suggested that the members have someone from the City Council an<1 City staff sit in on the meeting to mediate it and answer any questions that they may have relative to the City's position. Councilman Toth indicated that it was his opinion the homeowners should come to some agreement be- fore approaching the City for the improvement of the streets. Mayor Hinkle indicated that it was his opinion the City could not take any 'action at this time. Council- man Engstrom and Councilman Duitsman indicated that they felt there should be a clear majority in favor of the road improvements and the City's maintenance of the streets prior to the City becoming involved. It was the general consensus of the group that the homeowners would try to work out their problems prior to approaching the City. 7. Planning Commission Appointment Mayor Hinkle indicated that he would like to nominate Mr. Jim Tralle to the vacant Planning Commission position. Mr. Jim Tralle indicated that he was aware of what was happening in the City aild has taken leadership opportunities in the past and therefore, would like to serve the City of Elk River in the Planning Commission role. COUNCILMAN ENGSTROM MOVED TO APPOINT MR. JIM TRALLE TO THE PLANNING COMMISSION FOR THE BALANCE.OF.THE.TERM VACATED. BY.DOROTHY FREDERICKSON. COUNCILMAN SCHULDT SECONDED .. THE. MOTION. . THE MOTION PASSED. 4-0. 8. McClean Conditional Use Permit - Public:. Hearing Mayor Hinkle indicated that Ms. Janice McClean has applied for a conditional use permit to operate a hair styling salon at 209 Main Street. Mayor Hinkle further indicated that the Planning Commission has considered the McClean request for a conditional use permit and voted unanimously to approve the condtional use. Mayor Hinkle then opened the public hearing. Mr. Lloyd Anderson expressed his recommendation to the City Council to approve ~ . City Council Minutes July 19, 1982 Page Seven the conditional use permit for Ms. Janice McClean to operate a beauty salon at 209 Main Street. COUNCILMAN.TOTH MOVED TO APPROVE A CONDITIONAL USE.PERMIT FOR JANICE McCLEAN TO OPERATE A BEAUTY SALON AT 209 MAIN STREET FOR 'A PERIOD OF . TWO. YEARS. COUNCILMAN DUITSMAN SECONDED THE MOTION~. THE.MOTIONPASSED5-0. 9. Gass Conditional Use Permit - Public Hearing Mayor Hinkle indicated that Mr. William Gass, 14021 Victoria Lane, has requested a conditional use permit fora home occupation to do gunsmithing work in his home. Mayor Hinkle. further indicated that the Planning Commission reviewed Mr. Gass's request and voted unanimously to approve the conditional use permit for Mr. Gass to operate a gunsmithing business in his home. Mayor Hinkle then opened the public hearing. No one appeared in favor or in oppo- sition to the conditional use permit. Councilman Schuldt indicated that Mr. Tom Warner had left the Council meeting, but his purpose of attending the Council meeting was to express his recommendation of approval to the City Council for Mr. Gass's request of a conditional use permit. COUNCILMAN SCHULDT MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION FOR MR. WILLIAM GASS TO DO GUNSMITHING WORK AT 14021 VICTORIALANE~ FOR A PERIOD OF TWO YEARS ,WITH THE. CONDITION THAT NO. AMMUNITION, GUN POWDER OR OTHER EXPLOSIVE MATERIALS. WOULD BE . STORED. AT . THE . PROPERTY~. COUNCILMAN.. ENGSTROM. SECONDED. THE MOTION. THE MOTION PASSED 4-0. 10. Bruger Companies Conditional Use Permit - Public Hearing Mayor Hinkle indicated that the Brutger Companies have requested a condtional use permit to allow a mobile home to be placed on their construction site located between Highland Road and 191st Lane. Mayor Hinkle further indicated that the mobile home would be used as a temporary residence by security personnel only during con- struction of the multiple. family dwellings. Mayor Hinkle further indicated that the Planning Commission voted unanimously to approve the conditional use permit. Mayor Hinkle then opened the public hearing. No one appeared in opposition or in favor of the conditional use permit. COUNCILMAN ENGSTROM MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR A TEMPORARY MOBILE HOME TO BE LOCATED AT THE BRUTGER COMPANIES CONSTRUCTION SITE BETWEEN HIGHLAND ROAD AND 1915T LANE, FOR A PERIOD OF SIX (6) MONTHS. COUNCILMAN TOTHSECONDEDTHEMOTION. THE MOTION PASSED 4-0. 11. Cook Zone Change Request - Public.Hearing Mayor Hinkle indicated that Mr. Clarence Cook, 429 Line Street, has requested a zone change for his property from its existing zone of R-1c Single Family Residential, to R-3 Townhouse Multiple Family Residential. Mayor Hinkle further indicated that City Council Minutes July 19, 1982 Page Eight the Planning Commission unanimously recommended denial of the rezone request by Mr. Cook. Mayor Hinkle then opened the public hearing. Mrs. Cook indicated that they have previously applied for a rezone request and it was denied and further indicated that they are again asking for a rezoning as their intent is to divide their property into separate lots for development. The City Administrator indicated that the administrative subdivision is a separate issue from the rezone request. Discussion was carried on regarding the process of the administrative subdivision. COUNCILMAN DUITSMAN MOVED TO DENY THE ZONE CHANGE REQUEST BY MR. CLARENCE .COOK FOR HIS PROPERTY AT 429 LINE STREET. . COUNCILMAN.. TOTH SECONDED THE. MOTION. THE MOTION PASSED 4-0. 12. Martin Zone Change Request - Public Hearing Mayor Hinkle indicated that Mr. Chip Martin has requested that the site of the Highway #10 Plaza which he owns be rezoned from its current zoning of 1-2 Medium Industrial, to C-3 Highway Connnercial. Mayor Hinkle further indicated that the Planning Commission considered Mr. Martin's request for rezoning and unanimously recommended to the City Council that the zone changed be denied. Mayor Hinkle further indicated that the Planning Commission's and the City Staff's recommenda- tion was to consider a larger area for rezoning. Mayor Hinkle further indicated that the area suggested to be considered is basically bordered on the south by Highway #10, on the north by the Burlington Northern Railroad, on the west by Proctor Avenue, and on the east by Jackson Avenue. Mayor Hinkle then opened the public hearing. Ms. Estelle Gunkel, representative of the Planning Connnission, indicated that it was the Planning Commission's suggestion to look at the whole strip along Highway #10 from Jackson to Proctor south of the railroad track and north of Highway #10. Ms. Gunkel further indicated that the Planning Commission was intenested in more public input regarding the rezoning of that area. I The City Administrator indicated that the current zoning is for industrial and further suggested that a Highway Commercial zone would be more compatible with the area and that it would provide a better land use. Councilman Schuldt indicated that he felt the area to be considered should be bounded by Oxford Street, rather than Proctor, because of the residents along Proctor Avenue. The City Administrator further indicated that with the current zoning of 1-2, the residents along Proctor are presently nonconforming. It was the general consensus of the City Council that the Planning Commission re- view and make a recommendation to the City Council regarding the rezoning of the area north of Highwqy 1110, south of the railroad track, west of Jackson Avenue and east of Proctor, to a Highway Commercial zone. City Council Minutes July 19, 1982 Page Nine COUNCILMAN DUITSMAN MOVED TO DELAY CONSIDERATION OF THE MARTIN ZONE CHANGE REQUEST UNTIL SUCH TIME AS A LARGER AREA CAN BE CONSIDERED FOR REZONING BY THE PLANNING COMMISSION FOR RECOMMENDATION TO THE CITY COUNCIL. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. LundgtenPreliminary Plat Mayor Hinkle indicated that Mr. Lundgren has requested preliminary plat approval for an area recently rezoned by the City Council to R-3, Townhouse Multiple Family Residential. Mayor Hinkle further indicated that Mr. Lundgren's preliminary plat contains 14 townhouse units and is located west of Jackson Road and north of High- land Road. Mayor Hinkle indicated that the plat is in compliance with the City's zoning and subdivision ordinances and further indicated that the Planning Commission has unanimously approved the preliminary plat as submitted. COUNCILMAN ENGSTROM MOVED TO APPROVE THE PRELIMINARY PLAT PROPOSED BY MR. TED LUND- GREN. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Adoption of Fire Code The City Administrator indicated that Mr. Russ Anderson, Fire Chief, was present to answer any questions that the City Council may have regarding the adoption of a fire code. Mr. Russ Anderson indicated that he felt the Uniform Fire Code provided a good foundation for. the City of Elk River and the City's fire department in the enforcement of fire protection and fire suppression. Mr. Anderson further.in- dicated that the Uniform Fire Code goes along with the Uniform Building Code now enforced by the City of Elk River. Councilman Duitsman questioned Mr. Russ Anderson regarding his plans for the en- forcement of the Uniform Fire Code with regard to time and training necessary for enforcement. General discussion was carried on regarding the Uniform Fire Code and the means of enforcement of the Code. Mr. Russ Anderson indicated that he did not feel the enforcement of the Code would be a problem with his department. Mr. Anderson further indicated that the Fire Marshal does attend training sessions through the Mutual Aid Association. The City Administrator indicated that there was a section in the Uniform Fire Code dealing with building permits and the requirement of the Fire Chief to review build- ing permits. Councilman Duitsman suggested that the Fire Chief, the City Council and the City Administrator meet in committee to review the Uniform Fire Code prior to adoption. Mr. Russ Anderson requested that the Fire Marshal sit in on the committee meeting. COUNCILMAN DUITSMAN MOVED TO POSTPONE THE CONSIDERATION OF THE ADOPTION OF THE UNIFORM FIRE CODE UNTIL REVIEW OF THE FIRE CODE COULD BE DONE BY A COMMITTEE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Recreation Board Resolutions The City Administrator indicated that the Recreation Board has adopted two resolu- tions dealing with the development of a recreation program in coordination with City Council Minutes July 19, 1982 Page Ten the Community Education office, and with the additional funding for the swimming program in 1982 and 1983. COUNCILMAN DUITSMAN MOVED TO POSTPONE CONSIDERATION OF THE RECREATION BOARD RESOLUTIONS UNTIL SUCH TIME THAT THE CITY COUNCIL COULD MEET WITH THE RECREATION BOARD TO DISCUSS IN MORE DETAIL THE RESOLUTIONS. COUNCILMAN SCHULDT SECONDED THE MOTION~ .THE MOTION PASSED 4-0. 16. Star Cities Program The City Administrator indicated that several City Councilmembers and a number of other community representatives met with representatives from the Division of Eco- nomic Development of the State of Minnesota to discuss and review the Minnesota Star Cities program. The City Administrator further indicated that the Star Cities program is a process whereby a community organizes itself to improve and encourage economic development within a community. The City Administrator further indicated that the first step in developing a Star Cities program is to establish an economic development committee. The City Administrator indicated that the responsibility of the economic development committee would be the coordination of economic de- velopment efforts in the City of Elk River and further suggested that the initial project would be the developing of a budget and work program to achieve the Star Cities designation. The City Administrator suggested the use of a questi'onllaire that could be used in the selection of an economic development team. Councilman Duitsman indicated that he was very much in favor of developing a Star Cities program in order to achieve the Star Cities designation, and further suggested that other organizations within the City be contacted to obtain their input toward economic development. General discussion was carried on regarding which companies and organizations should be contacted for their suggestions in the establishing of an economic development committee. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO PRESENT THE QUESTIONNAIRE TO THE SCHOOL DISTRICT, THE ELK RIVER INVESTORS, THE CHAMBER OF COMMERCE, THE PLANNING COMMISSION, THE CRETEX COMPANY, UNITED POWER ASSOCIATION AND ANY OTHER ORGANIZATION THAT MIGHT BE INTERESTED IN ECONOMIC DEVELOPMENT IN THE CITY OF ELK RIVER. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Labor Agreement with Public Works Employees Mayor Hinkle indicated that the labor agreement between the City of Elk River and the International Union of Operating Engineers Local Number 49 is the agreement that was reviewed by the City Council and approved at an earlier date with the exception in the agreement that the first step of the grievance procedure be re- duced to five calendar days. COUNCILMAN DUITSMAN MOVED TO APPROVE THE LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER AND THE INTE~ATIONAL UNION OF OPERATING ENGINEERS LOCAL NUMBER 49. COUNCIL- MAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 18. Elk Cinema Amusement Device License COUNCILMAN DUITSMAN MOVED TO APPROVE THE AMUSEMENT DEVICE LICENSE FOR EIGHT City Council Minutes July 19, 1982 Page Eleven MACHINES FOR THE ELK CINEMA AT 657 MAIN STREET. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 19. Danceland Amusement Device License COUNCILMAN TOTH MOVED TO APPROVE THE AMUSEMENT DEVICE LICENSE FOR DANCELAND WITH THE CONDITION THAT THE.PROPER NUMBER OF DEVICES HAVE BEEN LICENSED AND THAT SERIAL NUMBERS OF THE MACHINES ARE ON RECORD AT THE CITY OFFICES WITHIN THE NEXT DAY. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 20. Barrington Place Pay Estimate COUNCILMAN TOTH MOVED TO APPROVE THE PAY ESTIMATE TO HBH CONSTRUCTION FOR THE BAR- RINGTON PLACE PROJECT IN THE AMOUNT OF $37,337.19. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 21. Administrator'sUpdate A. Resolution Regarding Signal Light at Highway #169 and Main Street The City Administrator presented a resolution~equesting the signalization of the intersection of Higwhay #169 and Main Street to the City Council. It was the general consensus thatarequest for a second speed zone be included in the resolution. B. Downtown Park The City Administrator indicated that the improvement of the downtown park is nearing completion with the sprinkler system installed, the trees and sod in place. The City Administrator further indicated that the Elk River Utilities has requested the City to make application for the use of water for the sprinkler system. The City Administrator further indicated that the street department would be placing posts as car stops along the parking lot. C. Building arid Zoning Administrator School Conference Attendance The City Administrator indicated that Mr. Rick Breezee has requested permission to attend a meeting of the North Star Chapter of the International Conference of Building Officials to be held in Alexandria on July 22nd and July 23rd. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ATTENDANCE OF THE CITY BUILDING AND ZONING ADMINISTRATOR, MR. RICK BREEZEE, AT THE NORTHSTAR CHAPTER CONFERENCE TO BE HELD IN ALEXANDRIA oN' JULY 22ND AND JULY 23RD. COUNCILMAN TOTH SECONDED THE MOTION~ THE MOTION PASSED 4-0. D. LAWCON Park Grant Application The City Administrator indicated that there were 205 applications for LAWCON grants and that the City of Elk River ranked 25th. The City Administrator further indicated that the process of matching funding to ranking should reach the low 20's. City Council Minutes July 19, 1982 Page Twelve E. Planning Commission Meeting Date The City Administrator confirmed the Planning Commission meeting dates in August of August 2nd and August 30th. F. Open Meeting Law The City Administrator indicated that the League of Minnesota Cities has en- dorsed a policy regarding the open meeting law. It was the general consensus of the City Council to support the League of Minnesota Cities policy regarding the open meeting law. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO CONTACT THE CANDIDATES FOR THE REPRESENTATIVE SEAT AND SENATOR CHUCK DAVIS REGARDING THE CITY OF ELK RIVER'S POSITION ON THE OPEN MEETING LAW. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Discussion was carried on regarding cars continually crossing over the double yellow line in the downtown area. It was the suggestion of the City Council that the City Administrator request the Police Chief to authorize his officers to walk in the downtown area periodically and to give citiations to offenders crossing the double yellow line. 22. Check Register COUNCILMAN TOTHMOVED TO APPROVE THE JULY 19TH, 1982 CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 23. Tentative Agenda Review of the Planning Commission's request for holding public hearings and the Recreation Board Resolutions are items tentatively scheduled for the August 9, 1982 City Council meeting. There being no further business, COUNCILMAN SCHULDT MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE'MOTIONPASSED 4-0. Respectfully submitted, ~~~~ Phyllis BOedigheime~ Deputy City Clerk/Treasurer PB:dkk