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12-15-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY DECEMBER 15, 1980 ~embers Present: Mayor Madsen, Councilmembers Duitsman, Otto, Toth and Engstrom Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Madsen. 2 . Agenda Item Number 16~, the Downtown revitalization was added to the December 15, 1980 City Council Agenda. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE DECEMBER 1,1980 CITY COUNCIL MEETING MINUTES. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike A. No one appeared for this item. B. Open Mike Report - Beauty Salons Ms. Murn Beck, representing a number of beauty operations in the community, was present to appeal to the City Council regarding regulations on the number of home beauty salons authorized to operate in the City. Ms. Beck questioned whether the size of Christian Hair Fashions' sign was within the City Ordinance and whether the sewer system was adequate for the four- operator shop. Ms. Beck also questioned the City's liability insurance re- garding the home operations. Ms. Beck indicated that she wanted the City Attorney to represent the group and submit a written appeal to the City Council. The City Administrator informed Ms. Beck that the City Attorney represents the City, rather than the citizens, and an appeal against the City would have to come from them. The City Administrator also informed Ms. Beck that the City Attorney indicated that the City would not be liable in an insurance claim against a home operation. The City Administrator indicated that it was apparent at the onset, that Christian Hair Fashions had planned a four-operator shop, as the building permit showed four stalls and also that the sewer system was designed for a four-operator shop. The City Administrator indicated that the list of twenty~two establishments submitted by Ms. Beck were as follows: 8 establishments operating in Commercial zones, 1 establishment was closed, 2 associated with the nursing home operations, 2 were not in the City of Elk River, and of the 9 remaining, 4 were granted Conditional Use Pdrmits after 1978, 3 Conditional Use per- mits were issued prior to 1978, and 2 businesses had Conditional Use Permits granted by the Planning Commission in 1976. an? 1979, respectiv:l~~>.'I'heGity Administrator..expla.ined thatJ!tl~LqliY,~€'9r~~i"";~il*~ate&:i'ha'1tF~~', '" > t:. ~;f 1t was found that the 'operation posed a health Qr s'afety hazaTdi Ms. Judy Chouinard requested that the City Council regulate the number of home beauty shops in the City. Councilman Duitsman suggested that the City Council ask the Planning Commission for recommendations regarding the number of home shops allowable in the City. Mayor Madsen suggested that the group put their request in written form and submit it to the Planning Commission for recommendation. December 15, 1980 Page Two 1 5. Recreation Board Fencing Purchase The City Administrator indicated that the Recreation Board had ordered fencing to replace the torn down fencing at Kuss Field, and that it was his understanding that the City Council had informed the Recreation Board that park improvements and acquisitions of equipment were not the responsibility of the Recreation Board and that such expenditures for park improvements were to be handled by City Staff. Mr. Jim Dingle, Chairman of the Recreation Board, indicated that the fencing was not ordered in defiance of the City Council, but that in the past, the City has not had the funds for such requests, and at this time the Recreation Board did have funds available, so, consequently the fencing was ordered. Councilman Duitsman suggested the repair of the fencing should come from funds allocated for park repair and improvements in the City budget. General dis- cussion was carried on regarding the difference in the price of the fencing ordered by the Recreation Board and the quote received by the Street Superintendent for the fencing. Councilman Otto asked if there was some confusion in the communications between the City Council and the Recreation Board, and indicated that during the budget planning process, the repair of the fence was budgeted for in 1981. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE PURCHASE OF THE FENCING FOR KUSS FIELD FROM THE 1981 BUDGET FOR PARK IMPROVEMENTS AND REPAIRS. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth requested that a comparison between the fencing ordered by the Recreation Board at $560 and the fencing quoted to the Street Superintendent for $388 be made regarding quality and size. 6. Purchase of Replacement Light Bar and Typewriter The City Administrator indicated that the light bars on the Police cars and the typewriter used by the Police secretary are both in need of repair, and further indicated that the light bars require $200-$300 worth of re-wiring in order to make them functional, and the typewriter required approximately $100 worth of repairs. The City Administrator indicated that it is recommended that these items be replaced at this point in time, rather than expend the money for repairs. The City Administrator indicated that the replacement light bars would cost $550 each for a total cost of $1,100, and that a new typewriter similar to the one purchased for the City Hall offices would cost $1,057, less a $200 trade-in for the existing typewriter, for a net cost of $857.00. The City Administrator further indicated that because the Police Department does less typing than the general Administrative offices, the new typewriter would be be placed in the Administrative offices and the current Administrative typewriter be transferred to the Police Department. The City Administrator indicated that the Street Superintendent indicated that he could use the light bar for the sanding truck to provide greater visibility and that it was suggested that rather than trade in the light bars, the City Council allow the Street Department to utilize these bars. The City Administrator indicated that the funds were available in the 1980 budget for the purchase of the light bars and typewriter and recommended that the City Council authorize the purchase of the light bars and the typewriter in the year 1980. Councilman Duitsman questioned the cost of repairs of the light bars if they were to be put on the Street Departmen~ vehicle. The City Administrator indicated that there would be a small amount of repair for the Street Department to mount the bars on the truck, but that the Street Department personnel would be able to do the repairs and mounting. December IS, 1980 Page Three ~ Councilman Otto questioned the transfer of the Administrative typewriter to the Police Department and purchase of the new typewriter for the Administrative offices. The City Administrator again indicated that the Administrative office does more typing than the Police Department and that it was recommended that the new type- writer be placed in the Administrative offices. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE PURCHASE OF THE TWO LIGHT BARS FOR THE POLICE DEPARTMENT, IN THE AMOUNT OF $1,100 AND APPROVAL OF THE PURCHASE OF A NEW TYPEWRITER IN THE AMOUNT OF $857. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Salk Junior High School Watermain Extension Bond Record Correction The City Administrator indicated that the record correction was of a housekeeping nature, inasmuch as the Resolution ordering the Salk Junior High Watermain Extension needed four affirmative votes rather than the three affirmative votes recorded as one member was absent and the Mayor's vote was not recorded. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE RESOLUTION, ORDERING THE SALK JUNIOR HIGH WATERMAIN EXTENSION. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 5-0. 8. Utilities Commission Appointment Councilman Duitsman indicated that the Utilities Commission has recommended to the City Council the appointment of Don Kettner to the Commission, and further indicated that Mr. Kettner.'s knowledge would be a great asset to the Commission. COUNCILMAN TOTH MOVED APPROVAL OF THE APPOINTMENT OF DON KETTNER TO THE UTILITIES COMMISSION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Sanitary Sewer Interceptor The City Administrator indicated that the City Engineer and the sanitary sewer project engineer felt that it is critical that the City speak with Mr. George Dietz, regarding the placement of the interceptor across his property before advertising for bids on the project, and that at this time, Mr. George Dietz is out of town and expected to return December 20, 1980. The City Administrator indicated that Mr. Lyle Swanson has indicated that once Mr. George Dietz is contacted and an approximate location of the line is established, it will take one week for Mr. Swanson to complete the plans and specifications. The City Adminsitrator further indicated that the plans and specifications should be available for approval at the January 5, 1981 City Council meeting. 10. Guardian Angels Sewer Hook-up Mayor Madsen indicated that Mr. Lyle Swanson, the City Engineer, has indicated that the Metropolitan Waste Control Commission has two policies they apply to unit charges for public assistance elderly housing. The first is that an apartment is considered 0.8 units, and the second policy refers to government subsidized units for which the unit charge is 75% of the nonsubsidized unit or 0.6 units. The City Administrator indicated that the City Engineer suggested that to verify the reduction and flow for apartments locally, the flow may be actually monitored or checked at various apartment buildings to determine if that flow may or may not be reduced. The City Administrator suggested the City Council establish a public policy regarding sanitary sewer hook-up charges for government subsidized housing. General discussion was carried on regarding types of housing projects the established policy would cover. Mr. John MacGibbon, legal counsel for the Guardian Angels Foundation, suggested that the policy of a reduction in hook-up charges be established for December 15, 1980 Page Four ---, specific tax exempt organizations as stated in Section SOl-C3 of the Federal Code. Mr. John MacGibbon indicated that the Guardian Angels Home for the Elderly, at the presen~ has 40 units at single occupancy and 13 units at double occupancy and further indicated that no units had more than two people and that the building was 76% occupied. Mr. MacGibbon suggested the charge for public housing units subsized in whole or in part by any federal program for low-cost housing for the handicapped and elderly where the majority of the units are occupied by two or more persons, be charged at a 0.6 unit rate, and that public housing unit subsidized in whole or in part by any federal program for low-cost housing for the handicapped and elderly where the majority of the units were occupied by less than two persons, be charged at a 0.4 unit rate. Councilman Otto indicated that he felt the flow should be considered as well as the people, the elderly and handicapped, in setting a policy for a sewer hook-up charge. Councilman Toth suggested the chargefo:t the Guardian Angels be set at 0.4 unit. The City Administrator indicated that a precedence had been set by the Metropolitan Council at 0.6 unit, and suggested that the City Council use this figure, as it has been tried and tested and has been supported by the Metro Council. The City Administrator suggested that the City Engineer discuss the sewer hook-up charge levy to the Guardian Angels Home with the Department of Housing and Urban Development. COUNCILMAN TOTH MOVED TO APPROVE A SEWER HOOK-UP CE\PGE FOR THE GUARDIAN ANGELS HOME TO BE AT A 0.4 UNIT :RATE FOR THE.APARTMENT "iONIT~f..<.. ...- COUNCILMAN ENGSTROM SECONDED THE MOTION. . ~ Councilman Otto called for a discussion regarding the charge set in the motion, and suggested that one-fourth of the unitsbe charged at the 0.6 unit rate, and three-fourths of the uni~.at the 0.4 unit rate. COUNCILMAN OTTO MOVED TO AMEND THE PREVIOUS MOTION TO APPROVE ONE-FOURTH OF THE UNI1STO BE CHARGED AT A 0.6 UNIT :RATE, AND THREE-FOURTHS OF THE UNIT~TO BE CHARGED AT A 0.4 UNIT RATE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION FAILED 2-3. COUNCILMAN DUITSMAN MOVED TO AMEND THE ORIGINAL MOTION TO APPROVE A 0.6 UNIT RATE CHARGE FOR THE THREE TWO- BEDROOM UNITS. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-1. THE ORIGINAL MOTION, AS AMENDED, PASSED 4-0. 11. Compensation Plan The City Administrator indicated that the proposed 1981 Compensation Plan was for the City's department heads, and suggested that the plan extend to all employees at a later date. The City Administrator indicated that the salary ranges proposed in the plan were developed through using comparisons with other communities in the State of Minnesota and further indicated that the communities surveyed were in the same gener~l geographic location, that is, the northern part of the metro area and surrounding communities to the east, west, and north, comparible in population and size in terms of area, and total number of City employees. The City Adminsitrator proposed a minimum and maximum range for the specific positions in the Compensation Plan, and further indicated the midpoints of the salary ranges should not be as low as the out-state cities, nor should the midpoint be as high as the northern communities in the metro area, and that the salary ranges reflected geographic locations roughly between the metro area and the out-state area of Minnesota. The City Administrator indicated that he felt that he, as the City Administrator should be allowed some flexibility in the establishment of salaries, as it is an important tool and extemely critical for the administrative position. Councilman Otto questioned where the City Administrator proposed the department head positions to be in the range, and also questioned the total dollar amount if given this flexibility. The City Administrator indicated that four of the positions at a 10% increase would be in the midpoint range, at which would be recommended for these positions, and that two of the positions wer* below the minimum range. The City Administrator further indicated that the midpoint for all departments would be a maximum dollar amount for salaries. Councilman Otto indicated his agreement with the flexibility allowed to the City December 15, 1980 Page Five --, Administrator but suggested that a total dollar figure be approved by the Council. Councilman Duitsman indicated that he felt it should be the Finance Committee's recommendation to the City Council for salaries, and further in- dicated that the City Administrator should have input into the Finance Com- mittee's decision. COUNCILMAN OTTO MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO SET SALARIES WITHIN THE RANGE APPROVED BY THE CITY COUNCIL BASED ON TOTAL DOLLAR AMOUNT. THE MOTION DIED FOR LACK OF A SECOND. Councilman Duitsman called a Finance meeting for December 29, 1980 to discuss 1981 salaries for department heads and make a recommendation to the City Council. Councilman Otto suggested that SOl~eone else be appointed to the Comrtlittee as he would not be available. Councilman Duitsman asked Councilman Engstrom to serve on the Finance Committee. 12. Salk Junior High Watermain Extension Pay Estimate COUNCILMAN DUITSMAN MOVED APPROVAL OF THE REQUEST NUMBER 1 FOR HENNEN CONSTRUCTION FOR WORK DONE ON THE WATERMAIN AT SALK JUNIOR HIGH SCHOOL IN THE AMOUNT OF $34,524.42. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. NSF Check List COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY TO WRITE OFF THE LIQUOR STORE NSF CHECKS AS PER THE LIST SUBMITTED BY THE NORTHBOUND LIQUOR STORE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN OTTO MOVED TO AUTHORIZE THE LIST OF NSF CHECKS BE SUBMITTED TO A COLLECTION AGENCY FOR COLLECTION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Hearing Date for Barrington Place Street Vacation . COUNCILMAN TOTH MOVED TO APPROVE THE PUBLIC HEARING DATE FOR THE BARRINGTON PLACE STREET VACATION TO BE HELD AT THE NEXT CITY COUNCIL MEETING, JANUARY 5th, 1981. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Administrator's Update A. Orono Dam The City Administrator indicated that as of yet no funds have been received from the State of Minnesota but that the Assistant Attorney General has approved the request and the funds should be arriving at the City within the next week. 16. Check Register COUNCILMAN ENGSTROM MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0~ 16~. Downtown Revitalization Councilman Duitsman requested that the City Administrator research information December 15, 1980 Page Six from the League of Cities regarding a pilot program on downtown revitalization, as stated in the League magazine. 17. Tentative Agenda The Barrington Place street vacation, new committee appointments, official -~newspaper designation, official banks designation and other official first of the year business 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 TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, .-------, Cj . .. / / / . ;- "-f; d. /\ ( ~) f1. //(/1 ( - ~l ~ :../1j.. -.~, Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dkk