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