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06-04-1979 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER LIBRARY June 4, 1979 Members Present: Mayor Madsen, Councilmembers Duitsman, Toth, otto and Engstrom. Members Absent: None. 1. Meeting called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Consideration of a Library Board appointment was added as item #21. COUNCILMAN TOTH MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 3. Minutes Of May 21, 1979, Council meeting, COUNCILMAN ENGSTROM MOVED APPROVAL OF THE MAY 21, ~7j; COUNCIL MINUTES. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION P S. 4-0. 4. Minutes of Special Council meeting of May 14, 1979. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE SPECIAL CITY COUNCIL MEETING OF MAY 14, 1979, MINUTEs. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. 5. Open Mike. A. Mr. Richard Schrupp, a resident of the Peterson Addition, questioned the City Council about progress to date on the road project in the Peterson Addition. Lyle Swanson, the City Engineer, responded to Mr. Schrupp and indicated that the easements were now being prepared and that in a very short while it should be possible to release bids for the project B. TOT PARK - Mr. Harold Shogren addressed the City Council and indicated his support for a recent memorandum received from the City Administrator regarding activities allowable in the Tot Park area. Mr. Shogren also asked if the City would be maintaining Tot Park this year and was informed that the City would be mowing and performing other maintenance activities in the Tot Park area by the Mayor and the City Administrator Gary Rohling addressed the City Council and indicatedl:J.~:was surprised by the City Administrator's memorandum and asked to know why it was sent all residents in the area. Mayor Madsen responded and indicated that the size of the Tot Park did not make certain types of activities practical in the area and that this was the reason the memorandum was sent. Mr. Steve Shurts indicated that he had had problems with arrows and hard balls landing in his yard from activities in the Tot Park and that he felt activities did present a danger to houses and individuals in the area. Mr. Shurts indicated that other activities, such as volleyball, catch or badminton, were acceptable as they did not pose any danger to residents or property. Sandra Reisewitz addressed the Council and wished to know why Tot Park had not been kept up in the past. Mayor Madsen indicated that there had been no help available in the City to perform this activity and that. this was no excuse for past actions; however, maintenance would be performed......... in the future. . Residents from the Tot Park area also wondered if some type of spray could be applied to the Tot Park in order to control thistles and other weeds. The City Administrator indicated that this would be looked at and done if possible. C. Mr. Steve Peden addressed the City Council and asked if a barrier could be placed at the end of 8th Street east of Gates Street to prevent motor- cycles and snowmobiles from speeding from an open field onto the street. City Administrator indicated that this problem would be looked at to see what might be done to prevent the situation. June 4, 1979 Page 2 were in effect at the time of the construction of Schoolview Addition. The Mayor and City Engineer responded by indicating that the Schoolview area., had already been platted prior to the time it was annexed to the City o.fElk River proper and, as such, the City of Elk River had no jurisdiction. The platting process was reviewed by Sherburne County. The Engineer also indicated that so tar as any one was able to determine there was no septic_system code in affect at the time of the Schoolview Addition construction. Mr. Hodson indicated that he felt that it was the City's fault that the problem existed in the Schoolview Addition and that, as such, the City should be liable to correct the problem. Other residents indicated that the sewer system had been promised by Marvin George, builder of the School view Addition, and wondered why the City had not followed through on construction. Councilman Otto indicated that the City could not be blamed for promises'.m4ld.e by a builder or developer and that he felt that it was not the City's fault that the problem existed in the Schoolview Addition. Mayor Madsen indicated that at a future date the School District would be building a newJuni.'C;)~ High School on Proctor Avenue and that there was a possibility that the Schoolview Addition could be linked to the sewer hookup necessary for the Junior High School. This idea was supported by the City Engineer, who indicated that the final details could only be determined in some sort of feasibility study. COUNCIlMAN TOTH MOVED TO HAVE A PRELIMINARY STUDY DONE ON THE SCHOOLVIEW ADDITION SEWER SYSTEM TO DETERMINE THE COST OF CONNECTING THE SCHOOLVIEW TO CITY sEwER AND THE POSSIBILITIES WHICH MAY EXIST FOR COMPLETING THE SCHOOLVIEw ADDITION SEWER PROJECT IN CONJUNCTION WITH OTHER sEwER PROJECTS. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4JJ. $. Orono Dam Public Hearing Mayor Madsen opened the public hearing on the Orono Dam and asked if there were any residents present who wished to address the City Council with questions or input on the Orono Dam. One resident indicated that the Lake is becoming heavily sedimented and asked if the Council were considering this fact along with other data in making a determination of assessments to lake homeowners. Mr. Joe Rosenthal indicated that he felt the problem of repairing the Lake Orono Dam was a city-wide problem and, as such, should be the burden of all Municipal Utility power customers and the entire community. A resident questioned the City Council regarding the amount of commitment the City had obtained for the federal funds and could the money be used for anything else once it was obtained. ~1ayor Madsen indicated that it was reasonably certain that the money would be allocated to the City of Elk River and once it was obtained, it would be necessary to use it for the Lake Orono Dam repair. Other residents questioned City Council regarding the source of the City's share of expense for the Lake Orono Dam repair. Councilman otto indicated that funds could be raised through assessments or general obligation bonds over the entire city, with the understandin1if that such a bond would be voted upon by the community at large. The City Administrator indicated that certificates of indebtedness would also be a possible source of local funds which would not need to be voted upon by the entire community if the City Council made the determination that the Lake Orono Dam represented a public emergency. t,l'here were no comments or input regarding community needs to be addressed in the full application for HUD funds to rePair the Lake Orono Dam. 9. Ernie Thielke request for compensatory time payment. The City Administrator indicated that because there was no~previous,~ record of any payments to department heads of compensatory time upon termination and because of Mr. Thielke's status asa management employee" for the City of Elk River, that the City Council should deny Mr. Thielke's request for compensatory time payment. COUNCII.MAN ENGSTROM MOVED TO DENY MR. THIELKE'S CLAIM FOR COMPENSATORY TIME PAYMENT. . COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. ., kif , . 10. Sunday On-Sale Liquor License for Eagle's Club. The Administrator indicated that the Eagle's Club had applied for a Sunday On-Sale Liquor License and that such license would run in conjunction with the club on-sale license now maintained by the.Eagle's Club. ,Such license would expire on October 9, 1979. COUNCILMAN OTTO MOVED APPROVAL OF THE SUNDAY ON-SALE L QUOR LICENSE FOR THE EAGLE' S CWB EFFECTIVE. FROM THIS DATE THROOGH OCTOBER 9 1979, SUBJECT TO THE pAYMENT OF THE .APPROPRIATE PRO-RATED ~'OO. COUNCiLMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 11. McChesney Industrial Park Final Plat. In discussing the final plat of the McChesney Industrial Park, it was determined that if the City Council elected to bond for the installation of improvements in the McChesney Industrial Park.. ana &ssesatnecost back to the appropriate property owners, that Mr. McChesney. as well as an individual on the'south side of Meadowvale Road'would'be'involved with such assessments. Because a project of this naturewoulq. involve more than just Mr. McChesney, it would be necessary to complete the entire.' · process for improvements as specified by Chapter 429 of Minnesota State Statutes. COUNCILMAN TOTH MOVED APPROVAL OF THE MCCHESNEY' INDUSTRIAL PARK FINAL PLAT WITH THE UNDERSTANDING THAT THE CITY' OF ELK RIVER WOOLDBE BONDING FOR AND AsSESSING THE COSTS OF .IMPROVEMENTS IN.. THE .:.tNbtiSTRIAL PARK. COUNCILMAN OOITSY-fAN SECONDED THE MOTION. .MOWON PASSED 4-0. 12. Labor Agreement with Teamster's Local No. 320 and City of Elk River. The City Administrator indicated that the labor agreement distributed to the City Council represented the complete contractual understanding with the City of Elk River and Teamster's Local No. 320. The Administrator indicated that he felt the contract was a fair contract in which both sides had compromised in many areas. The only area.,the Ad~tustrator recommended the Council not approve was that of wages for Police Officer inasmuch as this was to be litigated in District Court on June 2S, 1979. COUNCII.MAN ENGSTROM MOVED APPROVAL OF THE. LABOR AGREEMENT WITH TEAMSTER'S lOCAt No. 320 WITH THE SPECIFIC EXCWSION OF WAGE RATES FOR. POLICE OmG15m>.cOtfNCI1MA.N TOTH SECONDED THE MOTION. MOTION pAssED 4-0. COUNCILMAN ENGSTROM MOVED TO AUTHORIZE THE MAYOR >>m. THE CITY ADMINISTRATOR TO RATIFY THE LABOR AG~N'1' ON BEHALF . OF THE Cln OF. ELK RIVER. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. 13. Employee health insurance program. The City Administrator explained that four health insurance programs for city employees had been reviewed by the Administrator, the department . heads and each of the employees. As a result of this review, it was the . . unanimous .~ decision of the employees to select the Physicians' Health Plan as the new grouP health insurance program. The Ad.ministrator indicated June 4, 1979 Page 3 14. Mineral Extraction Ordinance. The City Administrator indicated that, after a review of the mineral extraction ordinance, it was determined that some changes would be necessary in the ordinance and, as such, it was his recommendation that the Council not adopt the ordinance this evening, but reconsider the ordinance at the next City Council meeting. The City Council suggested. that the ordinance also be amended to include a section dealing with slopes during excavation and that seasonal operations not be excluded under the termination clause of the ordinance. Council also wished to have additional information regarding the fees charged by the communities for mineral extraction licenses. No further action was taken by the Council on. this item. 15. Sale of walk-in cooler from Liquor Store #1. 16. Vaoation of Street easement abutting Cleveland St. and south of Hwr. 10. The City Administrator explained that Mr. George Cowles, who owned a business at the intersection of Cleveland and Hwy. 10, had requested the City to vacate an outdated street easement abutting Cleveland St. and south of U.S. Trunk Hwy. 10. ~e Administrator indicated that Mr. Cowles had received approval of the State of Minnesota and had arranged to acquire the properly from the original land owner if the City would vacate the easement. The Administrator indicated that there was no longer arw need for the City to retain the easement and, as such, recommended that it be1'acated. COUNCILMAN TOTH MOVED TO AUTHORIZE THE PREPARATION OF THE APPROPRIATE VACATION INSTRUMENTS. COUNCILMAN OTTO SECONDED THE MOTION. MOTION pASSED 4-0. 17. Student intern. The City Administrator indicated that a professor from St. Cloud State had contacted him regarding the employment of a student intern for this summer. The Administrator indicated that the cost of the intern would be approximately $150.00 and that typically interns perform a valuable service for the small amount of dollars which they are paid. COUNCILMAN OTTO MOVED TO AUTHORIZE THE HIRING OF A STUDENT INTERN FOR THIS SUMMER FOR THE AMouNT OF ~h50.00. COUNCILMAN ENGSTRoM SECONDED THE MOTION. MoTION pErom 4-0. 18. Signing proposal around Elk River Schools. The City Administrator reviewed a comprehensive signing praposal for reduced speed and school zone signs around the Elk River schools. The Administrator indicated that the approximate cost of the program would be $450.00 and the School District had~ed they would bear half the cost, with installation to be by the City of Elk River. The City Council took the proposal under advisement and will deal the matter at a subsequent meeting. .,' 19. Check Register. Checks to Jeff Stone and David Ankeny in the amounts of $15 and $2;, respectively, were added to the check register. Council also made the determination to pay Adams Pest Control for services rendered after cancellation of the City's contracts. COUNCIlMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER AS AMENDED. COUNCILMAN OTTO ~c6NDED THE MOTION. MOTION PASSED 4-0. 20. Tentative Agenda. Items for consideration at the next Council meeting include: consideration of the mineral extraction 'ordinance, consideration of the interim ordinance, consideration of Gary Santwire conditional use and variance, consideration of purchase of cash registers for Liquor Stores. 21. Library Board appointment. COUNCILMAN TOTH MOVED TO APPROVE DElORES COLLINS TO THE LIBRARYOOARD . TO FILL THE UNExPIRED '!'l!:ltM OF .MRS. HELEN TOY WHO RECENTLY' RESIGNED. ... ... COUNCILMAN ENGSTROM SECONDED THE MOTION. MOh<5N PASSED 4-0. Meeting Adjourned. Respectfully Submitted, <5/c. Robert C. Middaugh City Administrator ReM: adb .