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12-01-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY DECEMBER 1, 1980 Members Present: Councilmembers Duitsman, Otto, Toth and Engstrom Members Absent: Mayor Madsen 1. The meeting was called to order at 7:30 p.m. by acting Mayor Toth. 2. ~enda Item Number 6~, consideration of the sludge collector bids, Item l2~, consider- ation of the Shade Tree Program for 1981 and Item l3~, consideration of the Barrington Place easements were added to the December 1, 1980 City Council ~enda. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE NOVEMBER 17th. 1980 CITY COUNCIL MEETING MINUTES. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike A. No one appeared for this item. B. Report The City Administrator indicated that in reviewing the City's records, only four conditional use permits for home beauty salons had been issued since 1978. . Ms. Murn Beck indicated that 12 shops were listed with the State of Minnesota and that three more were in operation that the State of Minnesota did not have records of, and further indicated that unlicensed operations with- in the City made the City liable for any accidents. Ms. Beck further indicated that the sign at Christian Hair Fashions was too large and should not be al- lowable, and further indicated that according to the Zoning Ordinance, Christian Hair Fashions was in violation of the Ordinance. The City Administrator indica- ted that in investigating the permit to Diane Christian, it is apparent that the Christians are operating their home beauty salon within the limits prescribed by the Planning Commission and City Council. The City Administrator further indicated that the conditional use permit for Diane Christian was without restrictions on the number of operators employed at her beauty shop and there was no time limit placed by the Planning Commission or City Council on the conditional use. The City Administrator indicated that the permit was issued under the old Ordinance and therefore, Christian Hair Fashions was grandfathered in, and that the City is unable to take action against the Christians unless the operation causes problems in the neighborhood and the neighbors object. Councilman Otto reviewed the consolidation and timing involved and indicated that at that time, there were two different Ordinances of which the City had to work with. Ms. Beck gave a list of beauty shops to the City Administrator of which there were twenty-one listed operators. It was the concensus of the City Council to authorize the City Staff to check with the City Attorney re- garding the time limit on the conditional uses of the beauty shops. December 1, 1980 Page Two 5. Consider Noon Conditienal Use Permit Mrs. Jane Noon was present to explain to the City Council the re~uest for the conditional use permit. Mrs. Noon indicated that the conditional use permit re~uest was for a country club, which would include tennis courts, racketball courts and other related facilities to be located in the Pinewood Estates Second Addition. COUNCILMAN DUITSMAN MOVED APPROVAL OF A CONDITIONAL USE REQUEST BY TOM AND JANE NOON FOR A CLUB HOUSE TO BE LOCATED IN THE PROPOSED PINEWOOD SECOND ADDITION. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Sanitary Sewer Interceptor Plans and Specifications and Call for Bids Mr. Lyle Swanson, of McCombs-Knutson Assoc., Inc. was present to answer any ~uestions the City Council may have regarding the sewer interceptor plans and specifications. Councilman Toth ~uestioned the feasibility of a ~r~vity versus force main across Highway 169. Mr. Lyle Swanson indicated that cost for'-a gravity main was higher than the cost for a force main. Mr. Lyle Swanson indicated that the process of getting the easements for the properties involved was necessary before the bids could be let. Mr. Lyle Swanson further indicated that the sewer line was proposed to follow the edge of the Dietz property and then across, at a right angle, to allow more freedom of development with the property. Mr. Swanson further indicated that the sewer interceptor proposed line would be approximately $15,000 less expensive to go across the back of the school, rather than down School Street. Councilman Toth asked if the interceptor was extended to the In- dustrial Park, would the Industrial Park be responsible for their own laterals. Mr. Lyle Swanson indicated that it was his understanding that the laterals would be done by the Industrial Park. General discussion was carried on, regarding the alternate on the sewer main across Highway 169 to service the Barrington Place Plat and the need of the sewer line for Barrington Place. COUNCILMAN DUITSMAN MOVED TO APPROVE THE AUTHORIZATION OF McCOMBS-KNUTSON TO PROVIDE A FEASIBILITY REPORT AND PLANS AND SPECIFICATIONS FOR THE SEWER INTERCEPTOR TO BARRINGTON PLACE. COUNCILMAN OTTO SECONDED THE MOTION, THE MOTION PASSED 3-0.-COUNCILMAN DUITSMAN MOVED APPROVAL OF THE AUTHORIZATION FOR THE CITY ENGINEER, THE CITY ATTORNEY AND THE CITY ADMINISTRATOR TO PROCEED WITH THE ACQUISITION OF THE EASEMENTS. COUNCIL- MAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. The adoption of the resolution approving the plans and specifications for the sewer interceptor was tabled until the next City Council meeting. 6;k 2. Consideration of the Sludge Collector Bids The City Administrator indicated that bids were received on December 1, 1980 for the replacement of the sludge collectors at the Wastewater Treatment Plant, and further indicated that the estimated cost by the City Engineers was $15,000. The City Administrator indicated that the low bid received was $29,880, and there- fore recommended rejection of the bids and to re-advertise for bids for the e~uip- ment only. Mr. Lyle Swanson indicated that the estimated cost for the e~uipment only would be approximately $18,000. COUNCILMAN DUITSMAN MOVED TO REJECT THE BIDS RECEIVED DECEMBER 1, 1980 FOR THE REPLACEMENT OF THE SLUDGE COLLECTORS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMAN ENGSTROM MOVED TO AUTHORIZE THE CALL FOR BIDS FOR EQUIPMENT ONLY ON THE REPLACEMENT OF THE SLUDGE COLLECTORS AT THE WASTE WATER TREATMENT PLANT. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. r . December 1, 1980 Page Three 7. Larson Conditional Use Permit and Zone Change The City Administrator indicated that it has been determined by the City Attorney and the City Planner that the request for a conditonal use permit by Mr. Larson to install a car wash at the Mobil Station is not necessary since the gas station is a non-conforming use and Mr. Larson's request to install a car wash at the Mobil Station is also a non-conforming use, but as the new use is related to the old non-conforming use and the building is not changed substantially on the exterior, the new use is allowable. Council- man Toth asked if it would be a one-car operation. The City Administrator indi- cated that the present area in the Mobil Station now used for repair of cars would be converted to a car wash stall and a car wax stall. Mayor-elect Dick Hinkle indicated that all other areas require conditional uses and recommended that a conditional use be required for this operation as well. The City Adminis- trator indicated that a conditional use, under the present Ordinance, could not be issued and further indicated that under the non-conforming use, the City could exercise more control. 8. United Minnesota Municipal Power Agency Membership Councilman Duitsman indicated that the Elk River Utilities Commission is con- sidering discontinuing its membership in the United Minnesota Municipal Power Agency. Councilman Duitsman indicated that it is projected that Elk River Utilities will not continue to generate power and will buy power from NSP or from UPA, and therefore, recommended discontinuation of its membership in the Agency. Councilman Duitsman indicated that Elk River Utilities can continue to buy power from UPA for the next two years, and further indicated that discussion has been carried on between NSP and UPA to buy part of a power transmission line for power for the Elk River Utilities. Councilman Duitsman suggested that Elk River Utilities discontinue its membership before the dues are required for the first quarter of 1981. The City Administrator indicated that the City Attorney indica- ted that it was possible for the City Council to authorize discontinuation of the Elk River Utilities membership in the United Minnesota Municipal Power Agency. COUNCILMAN OTTO MOVED ADOPTION OF RESOLUTION 80-39, AUTHORIZING THE DISCONTINUATION OF MEMBERSHIP IN THE UNITED MINNESOTA MUNICIPAL POWER AGENCY. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Appointment for Elk River Municipal Utilities Commission Councilman Toth indicated that Dr. Jarmoluk's term as a Utilities Commissioner will expire December 31; 1980, and further indicated that D:t=. Jarmo:t..uk,.did not wish to continue as a Utilities Commissioner and therefore, the City Council must make a new appointment to the Commission. Councilman Duitsman indicated that the Utilities Commission would be open to nominations at their next monthly meeting. COUNCILMAN OTTO MOVED THE TABLING OF A UTILITY COMMISSION APPOINTMENT UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Sanitary Sewer Rates for Calendar Year 1981 The City Administrator indicated that it was projected there would not be a need for an increase in the sewer rental rates for 1981, and further indicated that this projection could possible decrease the fund balance. The City Administrator in- dicated that the projection did not include the sewer hook-ups for the Industrial Park and Barrington Place, should the sewer interceptor be developed, and further December 1, 1980 Page Fuur indicated that it was his recommendation that the City Council review the sewer rates again in June of 1981. 11. Compensation Plan for City Employees The City Administrator asked that he propose to develop a compensation plan for City employees which establishes a minimum and maximum salary range which any particular employee may receive, and further indicated that it was his in- tention to pursue salary ranges for department heads only at this time, and to expand the plan in calendar year 1981 to include all City employees. Council- man Duitsman indicated that he was not in favor of granting the authority to de- termine salaries for department heads to the City Administrator at this time. The City Administrator indicated that he felt that it was his responsibility to determine salaries as the department heads were supervised by the City Admin- istrator and were responsible to the City Administrator. Councilman otto indicated his agreement with the City Administrator, that it was the City Administrator's responsibility to set salaries for department heads, and further indicated that the salary range proposal by the City Administrator would give the City Council the control they wanted. Councilman Otto recommended that the City Administrator pre- sent a compensation plan to the City Council at the next scheduled City Council meeting. 12. Ordinance 1100.20 - An Ordinance Prohibiting Exhibition Driving The City Administrator indicated that Chief Zerwas recommended the adoption of Ordinance 1100.20, prohibiting exhibition driving prior to the adoption of the remainder of the City Code, as there are several violations of this nature ocurring in the City of Elk River, and further indicated that it was recommended that the City Council adopt the Ordinance prohibiting exhibition driving, and therefore permitting the Police Department to enforce the Ordinance. COUNCILMAN OTTO MOVED APPROVAL OF THE ADOPTION OF THE ORDINANCE 1100.20, PROHIBITING EXHIBI- TION DRIVING. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 12~. The Shade Tree Program The City Administrator indicated that it was his understanding th~the City Council's recommendation was to proceed with the program to remove diseased trees but also to proceed with a program of reforestation as well. Councilman otto recommended that the City of Elk River apply for the same amount as they applied for in 1980 and spend the same amount for sanitation as was spent in 1980, and the balance could be 'used for reforestation. The City Administrator indicated that it was a requirem~~t of the State to appoint a reforestation advisory committee if the City of Elk River was to apply for reforestation funds. Mr. Dick Hinkle appointed Mr. Jarmo~~. Mr. Meg Johnson and Mr. Kenny Nelson to the advisory committee. COUNCILMAN OTTO MOVED APPROVAL OF THE APPOINTMENT OF MR. JARMOLUK. MR. MEG JOHNSON AND MR. KENNY NELSON TO THE REFORESTATION ADVISORY COMMITTEE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 13. Administrator's Update A. Orono Dam The City Administratorindicated that the work was virtually completed for December 1, 1980 Page Five the dam and further indicated that the gates were open and the water level was up. The City Administrator requested that the City Council decide on a time for the dedication ceremony and recommended that it would be appropriate to invite both state and Federal people to the dedication ceremony. It was the concensus of the City Council that the dedication ceremony be held in the spring. 13~. Barrington Place Easement The City Administrator indicated that the roadway easements for the piece of service road joining Elk Hills Drive to the platted portion of Barrington Place on the north should officially be accepted by the City Council. COUNCIL- MAN MOVED APPROVAL OF THE ACCEPTANCE OF EASEMENTS FOR PUBLIC ROAD PURPOSES ACROSS PROPERTY OWNED BY GARY SANTWIRE AND PROPERTY OWNED BY GEORGE DIETZ JOINING THE NORTH PORTION OF THE BARRINGTON PLACE PLAT TO ELK HILLS DRIVE AND AS DESCRIBED ON DOCUMENTS SUBMITTED BY THE CITY ADMINISTRATOR. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 14. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 15. Tentative Agenda The sewer plans and specifications, the Utility Commission appointment, the comp- ensation plan for department heads, the nursing home sewer hook-up charge and the home beauty shop operations are all items tentatively scheduled for the next City Council meeting. There being no further business, COUNCILMAN OTTO MOVED THAT THE MEETING BE ADJOURNED COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Respectfully Submitted, DJ/yifL (Jo<cIlk</YNA) Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dkk