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12-17-1979 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY December 17, 1979 Members Present: Nayor Hadsen, Councilmembers Duitsman, Toth, Engstrcm and Otto. Members Absent: None 1. Meeting called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Item 15~ -. Administrator's update on the se\;rer line grant application, Item 16}2 - Administrator's update on the Peterson Addition and Item 17~- capital improvement study grant were added to the agenda. COUNCILI~,N ENGSTROM MOVED APPROVAL OF THE DECEMBER 17, 1979, CITY COUNCIL AGENDA AS ArmNDED. COUNCIL- MAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 3. Minutes com,CIU~AN DUITS}lAN MOVED APPRm!AL OF THE rnNl'TES OF TEE DECEP.:BER 3, 1979, CITY COUNCIL MEETING. COUKCIUfAN TOTH SECONDED THE MOTION. HOTroN PASSED If-O. 4. Minutes COUNClLHAN DUITSHAN HOVED APPROVAL OF THE HINUTES OF THE DECEP.:BER 10, 1979, CITY COUFCIL SPECIAL I-TETING. COUNCILMAN OTTO SECONDED THE HOTTON. MOTION PASSED 4-0. . 5. Open Milte No one appeared for this item. 6. J.L. Shielv Conditional Use Permit - The City Administrator indicated that the Pl.arming Commission recommended approval of tLe conditional use pei.'1nit applied for by the J ,L. Shiely Company. The City Administrator explained this \laS not a license for mining operations, but simply an application for approval of t:h.e use of the land for a reining opera.tion. "be City Administrator further explained the approval of the conditional use permit would not bind the City to specific terms or conditions within a license, but indicated the City Council's intention to iss~ a license for mining .;l~.2n the application was made. Councilman Duitsman indicated that Ridgevmod home- owners were satisfied with the proposed land use. Mayor Madsen questioned the gravel mining south of the east-west quarter section line. The City Administrator explained that the stipulation of no gravel mining south of the east-west quarter section line would be included in the approval of the conditional use permit. Councilmfn1 Otto questioned the possibility of the golf course flooding and "\78.S infor:ned that the peohlen should be edeque.tely dealt ~~ith. Cm!~TCII"MAN DUITSHAN MOVED APPROVAL OF TIm J .L. SIFELY C'JHDITIONAI, USE PERMIT FOP. ~nTING EXTRA8TION PURPOSES IN SECTIONS 9, 16 AND 21 WITH THE CONDITION TR~T NO ~IINING OPERATION B" CO'TI)lJr"'",,.,n "OUTTl OF "'j.l'" );' ^ (''l''_T:IT'C"' Q"An'l"17R SEi''T'TOl\T T IN1<' 01<' CEr''T' TOl'T ? 1 C.OTT..TCIL- J;, ..1'4 I,.,.IJ.UL' L:)" .r \ J....1;., .L,':-.l.0__ ~'.fiiI.J.i_ \.!..J .:.........1.. . I ._'....-"-~ ...'~ .w......., .I,. l~' ...f..;...... ...~ ~..... e ...l'i MAN ENGSTROl1 SECONDED THE HOT I m'l' . HOTlON PASSED 4--0. ~}.,,~ 7. Brentwood Preliminary Plat The City Administrator indicated the Planning Commission reviewed the lot size variance and the preliminary plat and found the variance would not create an ,~ _ adverse impact on the City's building controls and, as such, recommendeda.pproval ~c':::, of the preliminary plat. Councilman Toth had some questions regarding ground water travel and what impact it would have on the areas south of the develop- ment. Councilman Toth suggested these questions be investigated by the City Planner and the City Engineer. COUNCILMAN TOTH MOVED APPROVAL OF THE BRENT- WOOD PRELIMINARY PLAT AND LOT SIZE VARIANCE. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 8. William Campbell Liquor License The City Administrator reviewed Mr. Campbell's request for the Council and indicated that no problems had been encountered in the City's background investi- gation. COUNCILMAN OTTO MOVED APPROVAL OF A LIQUOR LICENSE TO BE GRANTED TO MR. WILLIAM CAMPBELL TO OPERATE CAMPBELL'S ELK BOWL AND LOUNGE; COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED4~0. 9. Povlitzki Liquor License Mr. Tom Libra, real estate agent for Richard and Marlene Povlitzki, was present to request tabling of the liquor license application until a special meeting requested to be held December 20, 1979. The City Administrator indicated the City had not completed its investigation into the background of Richard and Marlene Povlitzki. The City Administrator also indicated the Povlitzki's have held liquor licenses in the City of Fridley, the City of Minneapolis, North Dakota and Las Vegas, Nevada and that all establishments had been investi- gated with the City of Fridley posing some questions. The City of Fridley experienced significant problems with the Povlitzki establishment. The City Administrator indicated questions were raised as to why the City of Fridley issued a license to the Povlitzki's for 14 years when they experienced the problems. The City Administrator also indicated the City of Minneapolis originally denied a liquor license to the Povlitzki's but Mr. Povlitzki appealed the licensing divisions decision to the City Council which reversed the denial. Mr. Tom Libra indicated it had been five years since the Pov~ litzki's-held a license in Fridley and since then they have held five licenses in five different locations. The City Administrator indicated that City staff could not, until further investigation, recommend approval of a liquor license to be issued to the Povlitzki's. COUNCILMAN ENGSTROM MOVED APPROVAL OF TABLING THE LIQUOR LICENSE APPLICATION REQUEST BY THE POVLITZKI'S UNTIL A SP~CIAL MEETING TO BEHELD DECEMBER 20, 1979 AT 5:15P.M. AT THE ELK RIVER CITY HALL. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 10. Policy for Refund of Liquor License Fees The City Administrator indicated the State Intoxicating Liquor Statute gives the municipality.the option of refunding the license fees in the event a business is damaged by fire, death of the licensee or if the licensee is other- wise unable to continue or it becomes unlawful to carryon the business for reasons other .than revocation of a license. The City Administrator further indicated there was no language in the Statute requiring the municipality to refund liquor fees and that the City of Elk River was under no obligation ~~t~oA:~ini~~~~~o~a1::~i::k~~a~h~~h~: ~~:m~~~~~~si~eo~~:rf~~~~~~t~{~h d~~e ~:~ not refund license fees. The City Administrator further indicated the League of Cities was publishing a new model ordinance for municipalities and according to their ordinance, a refund would not be permitted. Mr. Dick Dorsey asked if December 17, 1979 Page 2 ---, the license fee could be prorated and a refund could be made for the balance of the license year. Mayor Madsen suggested further research be done into the policies of other communities in the area and the issue would be taken up at the next Council meeting. 11. Downtown Parking The City Administrator indicated the Retailer's Association recommended changing the existing two hour parking time limit to three hours in the City. Mayor Madsen indicated that the parking time limit was for the benefit of the merchants downtown and if they recommended that the hour limit be changed to three hours he felt the City Council should go along with their recommendation. COUNCILMAN DUITSMAN. MOVED TO CHANGE THE TWO HOUR PARKING TIME LIMIT TO THREE HOURS IN THE CITY. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. Further discussion was carried on regarding the snow bird ordinance and alternatives to securing additional parking. The City Administrator indicated the new ordinance codification would address the policies of snow bird parking. The City Administrator also indicated research had been done into various alter- natives to additional parking for the City and recommended application to the Burlington Northern Railroad for leasing of approximately 350 feet of additional space. It was the concensus of the Council to approve submission of the lease agreement subject to final review by the Council. The City Administrator recom- mended the area be blacktopped and assessed back to the downtown retailers. It was suggested a lease and the cost of blacktopping be submitted to the Re- tailers' Association for approval. Utility Commission Appointment Councilman Duitsman recommended Werner Banke be reappointed to the Commission as it was important to have someone available to attend the regional meetings and Werner Banke has regularly attended these meetings and would be able to continue to do so. Mayor Madsen indicated it was important to have someone familiar with the United Minnesota Municipal Power Association. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE REAPPOINTMENT OF WERNER BANKE TO A THREE YEAR TERM ON THE ELK RIVER MUNICIPAL UTILITIES COMMISSION. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 13. Pay Estimates for McChesney Industrial Park and Meadowva1e Oaks Improvements The City Administrator submitted pay estimates from S & L Contracting for work done in McChesney Industrial Park in the amount of $8,529.09 and in the Meadowva1e Oaks in the amount of $27,185.02. The City Administrator indicated sufficient retainage is held back for final correction work on the streets in Meadowva1e Oaks and remaining work to be done in the McChesney Industrial Park. COUNCILMAN OTTO MOVED APPROVAL OF THE PAY ESTIMATES AS RECOMMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 14. Purchase of Pickup Trucks The City Administrator indicated that quotes had been secured on front wheel drive vehicles and economy pickup trucks for the vehicle to be purchased for the Building Inspector. The cheapest front wheel drive vehicle was the Ford Fiesta at $4,938.22 and the cheapest pickup was the Chevy Luv at $5,000.00. In testing December 17, 1979 Page 3 the vehicles, the Building Inspector found the Fiesta did not offer sufficient head room and would be unsuitable for his use. The City Administrator indicated the price of the Chevy Luv was for a stripped down model with no regard to color. The City Administrator further indicated that Elk River Ford had a yellow 1979 courier pickup available for purchase as the second pickup, which would be used by the Street Superintendent at a price of $5,425.90. Mayor Madsen suggested the City write specifications for the vehicles and bid them. The City Administrator recommended not bidding for vehicles as the dealers bidding would not guarantee color in their bid and. that yellow was the desired color for the Street Department. The City Administrator fU~ther indicated that the yellow courier was available immediately and that the Ford has a slightly larger engine and more power. Councilman Otto suggested the Council follow the Street Superintendent's recom- mendations, as he knows what is necessary and has a past history of satisfactory recommendations to the~cilon other occassions. Councilman Otto further suggested the time, effort and expense of bidding the vehicles was unnecessary. COUNCILMAN OTTO MOVED APPROVAL OF THE PURCHASE OF THE FORD COURIER PICKUP TRUCK AND THE CHEVY LUV PICKUP TRUCK. COUNCILMAN TOTH SECONDED THE MOTION. MOTION DENIED 3-2. COUNCILMENDUITSMAN AND ENGSTROM AND MAYOR MADSEN OPPOSED. MAYOR MADSEN MOVED TO ADVERTISE FOR BIDS FOR TWO PICKUP TRUCKS TO BE USED BY THE BUILDING INSPECTOR AND STREET SUPERINTENDENT. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-2. COUNCILMEN OTTO AND TOTH OPPOSED. 15. Purchase of Squad Cars The City Administrator indicated that the City staff recommended the purchase of the Ford LTD with police package due to it's greater size, better handling and performance ability. The City Administrator pointed out the safety features of the larger vehicle versus a small compact car and indicated that safety was an important consideration for the use proposed. Mayor Madsen indicated that he wanted the City to bid the police car, using the County's specifications for their squad car with a heavy duty battery specified. MAYOR MADSEN MOVED TO BID THE POLICE CAR TO COUNTY SPECIFICATIONS WITH A HEAVY DUTY BATTERY INCLUDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-2. COUNCILMEN OTTO AND TOTH OPPOSED. 15~. Administrator's Update: Sewer Study The City Administrator informed the Council of a grant application that could be made for sewer lines to be built in the Industrial Park should the sewer inter- ceptor be built to service the Industrial Park. Councilman Duitsman suggested the City Engineer be contacted for a report as soon as possible to determine how the interceptor would be assessed. 16. City Administrator's Salary The City Administrator indicated the consumer price index from October, 1978 through October, 1979 is approximately 12.2% and requested an equivalent salary increase which would be to $24,700 per year for 1980. Councilman Duitsman indicated the salary budget for 1980 was $24,000 per year beginning January 1, 1980 with a review in July. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE 1980 BUDGET FIGURE OF $24,000 PER YEAR FOR THE CITY ADMINISTRATOR'S SALARY. COUNCIL- MAN OTTO MOVED AN AMENDMENT TO THE MOTION, THAT EFFECTIVE JULY 1, 1980, THE CITY ADMINISTRATOR'S SALARY BE $24,500 PER YEAR. COUNCILMAN TOTH SECONDED THE MOTION. AMENDMENT OF THE MOTION PASSED 3-1. COUNCILMAN ENGSTROM OPPOSED. COUNCILMAN OTTO SECONDED THE ORIGINAL MOTION. MOTION PASSED 4-0. December 17, 1979 Page 4 -, 6~. Administrator's Update: Peterson Addition 17. appeals oJ the assessments in the Peterson City Attoiney has received all information I i I I I I COUNCILMAN OTTO MOVED APPROVAL OF THE CHECK RE ISTER. COUNCILMAN DUITSMAN SECONDED THE MOTON. MOTION PASSED 4-0. The City Administrator indicated two Addition had been filed and that the and will be advising the Council. Check Register 17~. I i Capital Improvem~nt Study Grant I , I The City Administrator indiclted that a grant ~rom the State Planning Agency may be available to finance the development of a Capital Improvement Program. The grant could cover up to 75% of the cost with the City's responsibility of 25%. Mayor Madsen asked what was the timing for imp~ementation of the study and when would applications have to be made, as thj' cost was not included in the 1980 budget. The City Administrator indicated the study would be probable in early 1980 with the possibility of a major par~ of the city work done in house without any initial cash outlay. COUNCILMAN DgITSMAN MOVED APPROVAL OF RESOLUTION 79-42, AUTHORIZING SUBMISSION OF A AND USE PLANNING GRANT. COUNCIL- MAN TOTH SECONDED THE MOTION. MOTION PASSED 4 O. 18. I I The sewer study, bidding of the pickup trucks 4nd police squad and the normal first of the year appointments are tentatively ischedu1ed for the January 7, 1980 City Council agenda. i I There being no further business, COUNCILMAN TO~H MOVED THE MEETING BE ADJOURNED. COUNCILMAN OTTO SECONDED THE MOTION. MOTION P1SSED 4-0. Tentative Agenda Respectfully Submitted, G-4Jk 'lJod.y~ Phy111s Boedigheimer Deputy City Clerk PB/ab