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08-09-1982 CC MIN r REGULAR SEMI-MONTHLY MEETING QFTHE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY AUGUST 9, 1982 Members Present: Mayor Hinkle, Councilmembers Schuldt and Toth Members Absent: Councilmembers Duitsman and Engstrom 1. The meeting was called to order at 7: 30 p.m. by Mayor Hinkle. 2. Agenda Item 16.....F, October City Manager's Conference was added to the August 9, 1982 City Council Agenda. COUNCILMAN SCHULDT MOVED TO APPROVE THE AUGUST 9~ 1982 CITY COUNCIL AGENDA AS AMENDED. . COUNCILMAN TOTH' SECONDED' THE' MOTION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMAN TOTHMOVED TO APPROVE THE MINUTES OF THE JULY 19TH, 1982 CITY' COUNCIL MEETING. COUNCILMAN SCHULDT' SECONDED' THE' MOTION ~ . . THE' MOTION. PASSED 3-0 . 4. Open Mike Mr. Bob Fritz appeared before the City Council regarding the refund of the assess- ments paid in the Peterson Addition and the interest rate proposed to be paid on the assessments. The City Administrator indicated that it was the City Attorney's opinion that the City of Elk River is allowed to pay six (6) percent on the over- payment of the assessments from the time of receipt of payment to the time the judgement was handed down, and eleven percent from the time of the judgement to the time the refund is actually made. Mr. Bob Fritz indicated that his attorney is in disagreement with the City's Attorney and further indicated that he felt the eleven (11) percent should be paid from the time of the overpayment of the assessment. Mr. Bob Fritz further indicated that he would request his attorney to pursue the matter in court. Councilman Schuldt indicated that he felt the City must follow the City Attorney's advice and that Mr. Fritz had the right to do a, he so chooses. Mayor Hinkle in- dicated that he felt the City of Elk River must follow the City Attorney's advice. 5. 1982 Sealc6at Program I The City Administrator indicated that $37,500 h~s been allocated for seal coat work in the 1982 budget and further indicated that t~at amount should enable the City to sealcoat between five and six miles of City str~ets. The City Administrator in- dicated that Mr. Ken Nelson, Street superintendi. t, and the City Administrator have prepared a list of specific streets which are r commended for sealcoat in 1982. General discussion was carried on regarding the list of streets suggested and those recommended for sealcoating. I Councilman Toth suggested that Gates not be inclluded on the sealcoat program and fur- ther suggested that the street superintendent rjieW the streets in Elk Hills. Mayor City Council Minutes August 9, 1982 Page Two Hinkle questioned if the amount allocated in the 1982 budget for seal coat work was specifically designated for sealcoat work. The City Administrator indicated that the amount allocated is in the general fund and could also be used for class 5 should the City Council request that some of the gravel roads be improved. Mayor Hinkle suggested that the street superintendent recommend specific roads for class 5 improvements. It was the general consensus that the street superintendent and Mr. Terry Mauer of Consulting Engineers Diversified review the list of streets recommended for sealcoat and prepare specifications for the seal coat project. COUNCILMAN TOTH MOVED TO AUTHORIZE THE CITY STAFF TO SOLICIT BIDS FOR THE 1982 SEAL- COAT PROGRAM AND PRESENT A SPECIFIC LIST OF STREETS TO BE SEALCOATED TO THE CITY COUNCIL FOR.APPROVAL. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. ORDINANCE 82-5, AMENDING SECTION 200 OF THE CITY CODE REGARDING CITY COUNCIL MEETING.SCHEDULE Mayor Hinkle indicated that adoption of Ordinance 82-5 will allow the City Council to meet the first four Mondays of each month to conduct City business. Mayor Hinkle further indicated that by adopting the ordinance, the City will not be required to post meeting notices or advertise such meetings, as the meetings will be regularly scheduled City Council meetings. Mayor Hinkle further indicated that the City Council's intent for the second and fourth Monday is to use these meetings as work session opportunities and not specifically for controversial issues. Councilman Schuldt questioned the procedure if a meeting is cancelled. The City Administrator explained that a cancelled meeting would just require a posted notice. COUNCILMAN SCHULDT MOVED TO ADOPT ORDINANCE 82~5, AN ORDINANCE AMENDING SECTION 200 SUBSECTION. 1 OF THE. ELK. RIVER. CODE. OF .. ORDINANCES, . REGULARLY. SCHEDULED. MEETINGS OF THE CITY COUNCIL. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Equipment Certificates for.1982 Squad Cars The City Administrator indicated that it was suggested by one member of the City Council that in order to bring the budget adjustments into line with available revenues, the squad cars purchased in 1982 could be financed with short term equip- ment certificates. The City Administrator further indicated that the squad cars pur- chased in 1982 at a total expense of $19,232.82, could be financed with short term certificates and would provide the advantage that the expenditure would no longer be recorded in the general fund and therefore, not count against the City's general fund levy limitation. The City Administrator indicated that it is recommended that the City Council authorize the City staff to issue short term equipment certificates for the purchase of the police squad .cars. COUNCILMAN TOTH MOVED TO AUTHORIZE THE CITY STAFF TO ISSUE SHORT TERM EQUIPMENT CERTIFICATES FOR THE PURCHASE OF THE 1982 POLICE. SQUAD. CARS IN.THE AMOUNT. OF $19,232.82. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Cook Administrative Subdivision - Public Hearing The City Admini.strator indicated that Mr. and Mrs. Clarence Cook of 429 Line Avenue City Council Minutes August 9, 1982 Page Three have requ,ested an administrative subdivision to divide their property into two parcels; one parcel consisting of 26.649 square feet and one parcel of 46;664 square feet. The City Administrator indicated that the City staff finds no particular problems with the administrative subdivision and further indicated that the two resulting lots are in conformance with the City's zoning and subdivision ordinances. Mayor Hinkle indicated that it is the City Council's responsibility to determine if the subdivision meets the City's zoning and subdivision ordinances and not to de- cide whether the lots are buildable or not. Mayor Hinkle opened the public hearing. Mr. Gary Santwire asked that the City Council table the decision on the administra- tive subdivision until such time as the question of drainage of the water in that area can be answered. Gary Santwire indicated that that particular area takes on a lot of water and that the drainage is at its limit at the present time. Mr. Gary Santwire questioned where the water would go if the corner was filled. Councilman Toth indicated that the total area was divided into two lots which allowed for plenty of room to build without requiring the filling of the low area. Further discussion was carried on regarding the water drainage in the area and specifically. where the water would go. The City Administrator indicated that the City would be aware of the situation and would specifically address the situation should any problems arise at the time of the issuance of a building permit. COUNCILMAN SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. AND MRS. CLARENCE COOK OF 429 LINE AVENUE TO DIVIDE THEIR PROPERTY INTO TWO PARCELS. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Improvement to Ranch Road Mayor Hinkle indicated that the City of Elk River has been approached by Big Lake Township to cooperate on the reconstruction of that portion of Ranch Road lying west of County Road 32. as a small portion of Ranch Road is in the City of Elk River. Mayor Hinkle further indicated that Big Lake Township has submitted a proposal for the cost of placing three inches of class 5 on Ranch Road. General discussion was carried on regarding the bid price submitted by Brenteson Construction for class 5 on Ranch Road. COUNCILMAN TOTH MOVED TO TABL.E THE AUTHORIZATION OF THE IMPROVEMENT TO RANCH ROAD UNTIL FURTHER SPECIFIC INFORMATION HAS BEEN OBTAINED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Parking Lot Restrictions on Lot North of Burlington Northern Railroad Track and East of Jackson Mayor Hinkle indicated that some of the merchants across from the parking area lo- cated on the north side of the Burlington Northern Railroad track and east of Jackson Street have requested that a time limit be established on the parking lot and that some contract spaces be provided. City Council Minutes August 9, 1982 Page Four Councilman Schuldt questioned the signing of the parallel parking spaces in front of the stores. The City Administrator indicated that parking limit signs could be installed for those spaces as well as the spaces across the street. Mayor Hinkle questioned the necessity of the contract parking and the signing of parking time limits. Mayor Hinkle suggested that the parking spaces be restriped. Councilman Toth indicated that he would like to discuss the park- ing time limitation-and contract parking with the store owners before a decision is made by the City Council. COUNCILMAN TOTH MOVED TO TABLE THE ADOPTION OF RESOLUTION 82-15, ESTABLISHING A THREE HOUR TIME LIMIT IN THE PARKING AREA AND THE ESTABLISHING OF CONTRACT PARKING SPACE IN THE MUNICIPAL PARKING LOT LOCATED ON THE NORTH SIDE OF THE :BHRLINGTON NORTHERN RAILROAD TRACK AND EAST OF JACKSON STREET. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Change Order for School Street Improvement Project Regarding Irving Avenue Sidewalk The City Administrator indicated that Change Order #1 to the School Street Improve- ment project deals specifically with the construction of the sidewalks on Irving Avenue. The City Administrator further indicated that Mr. Terry Mauer of Consult- ing Engineers Diversified has. has indicated that the change order price of approx- imately $15,000 is a very competitive price for the construction of the sidewalk on Irving Avenue. Councilman Toth suggested that the City's Street Department relo- cate the flag pole and the street signs rather than au~horizing the contractor to do that specific work. General discussion was carried on regarding the construction of the sidewalk along Irving Avenue. COUNCILMAN TOTHMOVED TO APPROVE CHANGE ORDER #1 FOR THE SCHOOL STREET IMPROVEMENT PROJECT REGARDING THE CONSTRUCTION OF SIDEWALKS ON IRVING AVENUE WITH THE ELIMINA- TION OF THE RELOCATION OF STREET SIGNS AND FLAG POLE IN THE CHANGE ORDER PRICE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Resolution Regarding Speed Zone Study on County Roads The City Administrator indicated that the County Board has adopted a resolution requesting that the State of Minnesota conduct a speed study on COlJnty Road #44 in the City of Elk River. The City Administrator further indicated that the County Attorney has informed the County Board that the City of Elk River should concur with such a resolution prior to referring it to the Minnesota Department of Trans- portation. The City Administrator indicated that Resolution 82-14 concurs with the County's resolution asking for a speed study on County Road #44 and further asks that the Minnesota Department of Transportation and Sherburne County conduct a speed study on County Road 1121 and County Road #1 from the Industrial Park to its intersection with Proctor Avenue. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 82-14, A RESOLUTION ASKING THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A SPEED STUDY ON COUNTY ROAD #44, COUNTY ROAD tIn, AND COUNTY ROAD #1 FROM THE INDUSTRIAL PARK TO I~S INTERSECTION WITH PROCTOR AVENUE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. City Council Minutes August 9, 1982 Page Five 13. Amusement Device License for Wapiti Park Campground and Dino's Pizza Councilman Toth indicated his acknowledgement of Mr. Roger White of Wapiti Park Campgrounds request regarding the reduction of the license fee for amusement de- vices inasmuch as their operation lasts approximately four months. Councilman Toth indicated that he felt the City Council could not pick and choose the amount certain individuals should pay for amusement device licenses and further indicat- ed that it is the business owner's decision regarding the length of time it is in operation. COUNCILMAN TOTH MOVED TO APPROVE THE AMUSEMENT DEVICE LICENSES FOR WAPITI PARK CAMPGROUNDS AND DINO' S PIZZA. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3~0. 14. Non-Con Items A. Fire Department Temporary Non-intoxicating Malt Liquor License for Barn Dance September 11, 1982. B. Dino's Pizza Non-intoxicating Malt Liquor On-Sale License COUNCILMAN TOTH MOVED TO APPROVE THE NON-INTOXICATING MALT LIQUOR LICENSE FOR THE FIRE DEPARTMENT FOR THE BARN DANCE SCHEDULED SEPTEMBER 11, 1982 AND THE NON- INTOXICATING MALT LIQUOR ON-SALE LICENSE FOR DINO'S PIZZA. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 15. Policy for League of Minnesota Cities Public Health and Safety Committee The City indicated that he was appointed to the Policy Making Committee of the League of Minnesota Cities dealing with Public Health and Safety. The City Ad- ministrator further indicated that the Public Heat1hand Safety Committee deals with fire departments, police and law enforcement activities, courts and corrections, fines, emergency services, liquor licensing and liquor laws, and all codes and their enforcement, including the fire code, the building code, the energy code and the handicap code. The City Administrator indicated that the purpose for this item is to get input from the City Council regarding certain policy items or legi- slation which would be desira~.to >pursue in the 1983 legislative session. The City Administrator further indicated that there were two specific issues that he would like to obtain input from the City Council: 1) The' raising of the drinking age from 19 years to 21 years, and 2) Club liquor licenses with regard to how they are contro1ed and regulated. The City Administrator indicated that he would like to introduce to the Public Health and Safety Committee a policy which would regulate the activities of club license holders or increase the license fees. Councilman Toth indicated that he was in disagreement with the City Administrator regarding the increase of club license fees as those types of clubs, the Lions and the Eagles, do make significant contributions to the Community. The City Administrator indicated that it could be suggested that the language in the statute regarding guests could be tightened up. General discussion was carried on regarding the legal drinking age and the problems or benefits involved with City Council Minutes Augu~t 9, 1982 Page Six changing the drinking age from 19 ito 21, and the type of legislation that might be introduced regulating club licenses. 16. Administrator's Update A. Improvement to County Road #1 and Proctor Avenue Intersection The City Adminis~rator indicated that in his conversation with the County Highway Engineer Russ Machinsky, Mr. Machinsky indicated that the improvement to the intersection of County Road 111 and Proctor Avenue would be completed this year. The City Administrator indicated that the improvement would involve re- surfacing of Proctor and the construction of a formal turn lane for the south- bound traffic with a stop sign. B. Axelson Lawsuit and Trial The City Administrator indicated that the Axelson lawsuit trial had begun Monday, August 9th. The City Administrator further indicated that the Axe1sons may come with a settlement offer and ~urther indicated that it was his recommen- dation that the City should not settle for a very large offer as the major por- tion of the money for the defense has already been spent, prior to the actual tria1. C. Metal Light Standards at Fairground Softball Field The City Administrator indicated that a question was raised regarding the safety of the metal lights at the softball field. The City Administrator further indi- cated that the City Building and Zoning Official, Mr. Rick Breezee, inspected the structures and found that they are safe but are in need of maintenance, specifically paint. D. Weed Inspection The City Administrator indicated that according to State Statute, each County has designated a weed inspector and further indicated that Mr. Edwin Peterson is the weed inspector for Sherburne County. The City Administrator indicated that the mayor of a city is the weed inspector for that city and that he may appoint assistants for weed inspections. The City Administrator further indicated that in a township, all boardmembers are designated weed inspectors. The City Admin- istrator indicated that Mr. Ken Nelson, Street Superintendent, ha:;; beentnrough the City with the County weed inspector. The City Administrator furtherindicat- ed that should there be a noxious weed problem, the property owners are given notice to remove the weeds and if it is not done, the County or City will remove the weeds and the cost is assessed to the property. General discussion was carried on regarding noxious weed:;; in and around the City and it was indicated by Councilman Toth that there was poison ivy on City prop- erty along Fawn Avenue. E. Cable Television The City Administrator indicated that he has done some discussing of cable tele- vision with the communities of Big Lake and Monticello and further indicated City Council Minutes August 9, 1982 Page Seven that he would like some input from the City Council regarding the pursuing of cable television for the Elk River community. The City Administrator indicated that in contacting a cable television company, it was indicated that a micro receiver would be used to transmit to the cable. The City Admin- istrator further indicated that the process takes approximately two years and further recommended that the City of Elk River investigate cable tele- vision and get in on the ground floor. The City Administrator indicated that there is some federal legislation regulating cable television which would create undesireable factors for municipalities. The City Administrator further indicated that at this time, the ~unicipality has the sole right to award franchises and that the proposed federal legislation would change that right. The City Administrator indicated that a letter could be sent to the Minnesota State Senators, Dave Durenberger and Rudy Boschwitz regarding the City of Elk River's position on the federal legislation regulating cable tele- communications. It was the general consensus of the City Council that the City Administra- tor send a letter to the State Senators and to continue discussions with the communities of Monticello and Big Lake regarding cable television. F. City Manager's Conference The City Administrator requested approval of the City Council for him to attend the City Manager's International Conference in Louisville, Kentucky, October 17th through the 21st. The City Administrator indicated that $850 has been budgeted in the 1982 budget for the conference and further indicated that the recent estimated costs are approximately $700. COUNCILMAN SCHULDT MOVED TO APPROVE THE ATTENDENCE OF THE CITY ADMINISTRATOR AT THE CITY MANAGER'S CONFERENCE IN LOUISVILLE, KENTUCKY, OCTOBER 17TH THROUGH THE 21ST. COUNCILMAN TOTH SECONDED THE MOTION. THE.MOTION PASSED 3-0. 17. Check Register COUNCILMAN TOTH MOVED TO APPROVE THE AUGUST 9TH, 1982 CHECK REGISTER. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 18. TentativeAgenda The improvement to Ranch Road, the Recreation Board Resolution, and an Ordinance Regarding the Planning Commission Duties are all items tentatively scheduled for the August 16th City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. Respectfully submitted, Q~lt, YJ ffQ/'fk;>coJ PhyYlis Boedigheimey Deputy City Clerk/Treasurer PB/dkk