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01-17-1983 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 17, 1983 Members Present: Mayor Hinkle, Councilmembers Engstrom, Duitsman, Schuldt. and Gunkel. Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item 9 - 1983 Non-union Salaries was deleted and replaced with Selection of eommit- tee Date for Review of 1983 Non-union Salaries, Item 5~ - Public Hearing Date for Street Vacation, Item 12C - liability Insurance for fublic (,}fficials, Item 12D - Consideration for Rezoning of Nonconforming Uses, were added to the January 17, 1983 City Council agenda. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE JANUARY 17, 1983 CITY COUNCIL AGENDA. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Councilmember Gunkel indicated that under Item 5~, the dates should be changed from Wednesday to Tuesday and from Thursday to Wednesday. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE MINUTES OF THE JANUARY 3, 1983 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 5. Storm Sewer Interceptor Plans and Specifications The City Administrator indicated the City' sconsulting engineers,-.t!ConsultipgEngi:"7 neers Diversified, have completed the plans and specifications for the storm sewer project and further indicated that the plans and specifications are as the original feasibility report proposed. The City Administrator indicated that the City Coun- cil may accept the plans and specifications and order the project and then take bids for the construction of the project. The City Administrator indicated that the public hearing for this storm sewer project was held on August 24, 1982 and that the project must be ordered within 6 months from the public hearing date. Mr. Terry Maurer of Consulting Engineers Diversified, reviewed the plans and spec- ifications for the City Council. Mr. Maurer indicated that the pipe was made one size larger in order to save eight feet in depth. Mr. Maurer further indicated that the plans have been submitted to the Utilities Company and they are in the process City Council Minutes January 17. 1983 Page Two of obtaining permits for jacking under Highway 10 and the Railroad from the Corp of Engineers and the DNR for the outlet to the river. Mayor Hinkle indicated that many people were in attendance at the City Council meet- ing to question the storm sewer project and express their opposition to the assess- ments of the project. and further indicated that even though it was not a ~ublic hearing, the City Council would try to answer questions the public may have. Ms. Peggy Bode submitted a petition signed by 39 property owners objecting to the proposed assessment for the storm sewer project in the proposed Area C. Ms. Bode also read a letter to the Mayor and City Council members dated December 7, 1982, from the property owners of the proposed Area C objecting to the proposed assessment for the storm sewer project and requesting the City Council to review the Area C situa- tion and the procedure that is used for the proposed assessment. Ms. Bode indicated that the property owners are requesting the City Council to review various alterna- tives for solving the water problem on Main Street between Gates Avenue and Highway 169. Discussion was carried on regarding the boundary lines of the proposed Area C. Ms. Bode indicated that the residents of Area C wanted to expand Area C both to the east and to the north to include the Lloyd Anderson property on 169 and as far north as the Nursing Home. Mayor Hinkle indicated that the City was not locked into a specific alignment of the areas for the proposed storm sewer project. Mr. Terry Maurer of Consulting Engineers Diversified, indicated tha.t the lots along Main Street innnediate1y west of 169 drain to the back of the county ditch and there- fore, were eliminated from the proposed storm sewer project. Further discussion was carried on regarding the use of the county ditch and the possibility of the residents of Area C using the county ditch for the water drainage problem. Mr. Terry Maurer indicated that the county ditch at the present time is not deep enough and would have to be lowered by at least three feet;. and therefore, would cause a problem regarding the width of the ditch. Mr. Maurer further indicated that the county ditch would have to be cleaned and maintained periodically which would be assessed back to the property owners. Mr. Maurer further indicated that in the im- provement of Main Street, as a Municipal State Aid Street, ditches would not be approved by the Municipal State Aid System and storm sewer would have to be included in the project of the improvement of Main Street. Ms. Bode suggested the use of dry wells along Main Street, as another alternative to the water problem. Mr. Terry Maurer indicated that dry wells just do not work. and further indicated that the residents along School Street could verify that fact. Mr. Maurer indicat- ed that the dry wells normally will freeze and therefore not hold the water that is running off. City Council Minutes January 17, 1983 Page Three Discussion was carried on regarding the sizes of the proposed pipe for the storm sewer project, and further discussion was carried on regarding the boundary lines of Area C. Ms. Peggy Bode indicated that the Area C citizen's primary concern is that the proposed project may be more than is necessary to solve the problem at this time. Miss Doris Anderson indicated that she could not understand the need of the storm sewer lateral as proposed for Main Street as the water just drains to the back of their lots down into their garden area. Mr. Terry Maurer indicated that the City has control of what the water flow is on City owned property; but does not have control of water flow on privately owned property; therefore, the City must provide for proper drainage of the area. Mr. Kermit Bode suggested the City Council consider a leteral line in Main Street to hook up to the County ditch. Mr. Bode further indicated that the Area C resi- dents wanted Area C to be enlarged to provide more area to spread the cost of the lateral line in Main Street. Further discussion was carried on regarding the boundaries of Area C, and the water drainage directions Mr. Lloyd Stromberg questioned where the pond would come from in the bog area. Mr. Maurer indicated that the pond would be created as part of the total storm sewer drainage system. Mayor Hinkle indicated that in the letter of December 7, 1982, from the area C residents, they proposed that the whole project of the improvement of Main Street and the lateral be included in the storm sewer project. The City Administrator indicated that the whole project could be completed should the City Council choose to do so, and further indicated that the City could bond for future Municipal State Aid funds. Councilmember Gunkel suggested that the City Council consider the option of the completion of Main Street prior to the improvement of Gates Avenue to the planned unit development as Main Streetisa Municipal State Aid street and the planned unit development project is still speculative. Councilmember Gunkel indicated that she felt the Main Street project would be a more logical project to complete prior to the Gates Avenue project, as there are many unanswered questions regarding the planned unit development. The City Administrator indicated that the MSA funds that would be used for the improvement of Gates Avenue as a Municipal State Aid street from school street to Main Street would also be used to help pay for the storm sewer lateral, and further indicated that should the City Council switch priorities, Municipal State Aid funds could be lost for the storm sewer construction. Mr. Dan Hageseth indicated that he has a real concern regarding the taxes that can be anticipated for his property which would include the improvement of the street, storm sewer, and water. Mr. Hageseth indicated that he could forsee the fact that his property taxes could triple and would cause a real concern for the area residents. City Council Minutes Janua1;"y 17, 1983 :Page :Four General discussion was carried on regarding means of alternate funding. The area residents suggested that the whole city pay for the storm sewer project as many more people use the Main Street than the area residents themselves. Mayor Hinkle indicated that Municipal State Aid funds are funds for the whole City of Elk River and yet used for a specific street which would benefit specific area residents. Councilmember Duitsman indicated that the Municipal State Aid funds would be used to benefit the area residents for the improvement of the street, the storm sewer truck line and the lateral, and further indicated that the funds would not be used for the planned unit development improvements. Councilmember Duitsman further in- dicated that the improvement of the Gates Avenue would be done to obtain MSA funds to help defray the costs of the storm sewer trunk line and lateral lines. Ms. Peggy Bode indicated that the City Council should show proof of benefit to the area C residents for the proposed trunk lin~ of the storm sewer project. Linda Hageseth asked that the City Council request costs fora lateral line to the drainage .ditch rather than the trunk line. Councilmember Duitsman indicated that drainage to the county ditch is not a long term solution. Mr. Terry Maurer indicated that.the engineers had looked at the ditch in the overall plan and determined that it was not.a feasible alternative as the ditch would have to be dug much deeper and that there would be an ongoing maintenance costs assessed back to the property owners. Mr. Maurer further indicated that storm sewer pipe is expected to last at least 50 years. Mayor Hinkle indicated that the safety factor of the drainage ditch would have to be considered as well as an erosion problem and a constant effort to keep the drainage ditch clear. Councilmember Duitsman suggested that the storm sewer project section through the planned unit development be a separate phase of the total storm sewer project. Mayor Hinkle indicated that the City Council could accept the plans and specific- ations and order the project as well as direct the city's engineer to investigate the possibility of using the drainage ditch, and of the possibility of changing the boundary area of area C. Councilmember Engstrom indicated that he felt the City Council could review the actual bouniary lines of area C. Councilmember Duitsman suggested the City Council obtain a cost estimate for the work to be provided by the city's engineers regarding the alternatives of using the drainage ditch and revision of area C boundary lines. Mr. Terry Maurer of Consulting Engineers Diversified, indicated that thebouncJary lines of area C. could be reviewed and included in the storm sewer project as proposed, and further indicated that they wouldpr~ent an estimate of costs for review of the drainage ditch possibility. City Council Minutes January 17, 1983 Page Five COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE CONSULTING ENGINEERS DIVERSIFIED TO REVIEW THE BOUNDRY LINES OF THE PROPOSED AREA C TO BE INCLUDED IN THE SPREADING OF THE COSTS OF THE STORM SEWER LATERAL, WITH RECOMMENDATION TO BE SUBMITTED TO THE CITY COUNCIL BEFORE AWARDING OF THE CONSTRUCTION BIDS. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER ENGSTROM MOVED TO APPROVE RESOLUTION 83-1, A RESOLUTION APPROV1NG THE PLANS AND SPECIFICATIONS FOR THE STORM SEWER PROJECT. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER ENGSTROM MOVED TO AP ROVE THE AUTHORIZATION OF THE STORM SEWER PRO- JECT TO BE BID IN PHASES; PHASE I TO INCLUDE THE AREA SOUTH AND WEST OF THE IN- TERSECTION OF GATES AVENUE AND FIF H STREET, AND PHASE II TO INCLUDE THE AREA NORTH AND EAST OF THE INTEBSEC1IDN. OF GATES AVENUE AND FIFTH STREET TO THE PUD. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBE! DUITSMAN MOVED TO ADOPT THE RESOLUTION 83-2, A RESOLUTION ORDERING THE STORM SEWER IMPROVEMENT PROJECT FOR THE CITY OF ELK RIVER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilmember Duitsman requested that the City Council consider the possibility of deferring the storm sewer inprovement project until the Minnesota Department of Transportation constructs the proposed improvements of Highway 10. Mayor Hinkle indicated that should the City of Elk River coordinate the storm sewer project with the Highway 10 improvement project it would be the city's responsi- bility to control the traffic on Highway 10 and further indicated that that may be a very costly alternative to jacking under Highway 10 for the storm sewer project. 5~. Hearing Date for Street Vacation Mayor Hinkle indicated that Mr. Wally Ohland has requested a street vacation for the street that was used as his access to the old railroad crossing in the Peterson addition. Mayor Hinkle indicated that Mr. Wally Ohland has indicated that there is a 166 foot easement for that street. The City Administrator indicated that the City Council must hold a public hearing for the street vacation. The City Administrator further indicated that the city does not at this time have a filing fee for consideration of street vacations, and further suggested that the City Council adopt a fee. Councilmember Duitsman questioned that possibility of the City ordering a street vacation. The City Administrator indicated that if the City would order a street vacation there would not be a fee, but that if an individual requested a street vacation the fee schedule would apply. Councilmember Gunkel indicated that if the street vacation request by Mr. Ohland has previously been received by the City Council, the City Council should not adopt a fee schedule to include this specific request. Councilmember Duitsman indicated that he felt the City Council should adopt a fee schedule for consideration of street vacations, and further indicated that he felt the schedule should not apply to the Ohlands request. City Council Minutes January 17, 1983 Page Six COUNCILMEMBER ENGSTROM MOVED TO AnOPTA FEE SCHEDULE OF $75.00 FOR FILING OF EASEMENTS VACATIONS, AND TO EXCLUDE THE TWO PENDING REQUESTS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER ENGSTROM MOVED TO ORDER A PUBLIC HEARING FOR THE STREET VACATION REQUEST BY MR WALLY OHLAND TO BE HEAD FEBRUARY 14, 1983, AT8;OOl'.M. AT'l'HEELK RIVER PUBLIC LIBRARY. COUNCILMEMBER DUITSMAN. SECONDED THE MOTION . THE .. MOTION PASSED 4-0. 6. Consider 1983 B~ngo Gambling Licenses A. St. Andrews Catholic Church - renewal B. Eagles Club - renewal C. American Legion - renewal The City Administrator indicated that St. Andrews Catholic Church has requested renewalnf'their bingo license, the Eagles Club has requested renewal of their gam~ bling license and the American Legion Club has requested renewal of their gambling license. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE BINGO LICENSE OF THE ST. ANDREWS CATHOLIC CHURCH, THE GAMBLING LICENSE FOR THE EAGLES CLUB, AND THE GAMBLING LICENSE FOR THE AMERICAN LEGION CLUB. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Library Board and Recreation Board. and flanningCommission Appointment. The City Administrator indicated that Commissioner Martin Tracy's term expired December 31, 1982, and further indicated that Mr. Martin Tracy has expressed his willingness to serve another term on the Planning Commission. COUNCILMEMBER DUITSMAN MOVED TO APPOINT MARTIN TRACY TO THE PLANNING COMMISSION FOR A THREE YEAR TERM. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. General discussion was carried on regarding the Rec Board and the members appointed to the Rec Board. Councilmember Schuldt questioned the duties of the Rec Board and the need of seven members if the Community Education Department was going to handle the City's recreation actiVities. The City Administrator indicated that the code specifies seven members to the Rec. Board and that the duties of the Rec Board will be to monitor the Community Education program. It was the consensus of the City Council to look for and consider additional members to the Rec Board. COUNCILMEMBER GUNKEL MOVED TO APPOINT COLLEEN OLSON TO THE LIBRARY BOARD. COUNCIL- MEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Continuence of Cable TV Process The City Administrator indicated that the communities of Big Lake, Monticello, Buffalo, and Elk River have met to discuss the cable franchising process, ,and have interviewed several attorneys to assist in this process. The City Administrator further indicated that the next step in the cable franchising process involves selecting an attorney to provide cable expertise, and working with that attorney to determine what is a reasonable cable service territory, and then preparation of City Council Minutes January 17, 1983 Page Seven a joint powers agreement to establish a formal cable television commission. The City Administrator indicated that the cost of this initial work should be approximately $250.00 per each of the four communities. The. City Administrator indicated that the joint powers agreement will actually determine who does what in the cable franchising process, and further indicated that at this point the City Council may decide whether they want to get into the cable business or not. Councilmember Duitsman suggested that before a joint powers agreement is initiated the selected attorney appear before the City Council to answer any questions the council may have regarding the process. The City Administrator indicated that they have interviewed two attorneys that have specialized in cable television, and further indicated that the City will talk to a representative from Larkin, Hoffman, Daly & Lindgmnand then make a decision. The City Administrator indicated that it is recommended that the City Council give the Mayor and the City Administrator authorization to spend $250.00 toward the continuation of the cable franchising process, and to authorize an additional $250.00 in the event the initial $250.00 is not enough. COUNCILMEMBER DUITSMAN MOVED TO. APPROVE UP TO $500.00.FOR THE CONTINUATION OF THE CABLE FRANCHISING PROCESS. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Committee Meeting Date Non-union Salaries It was the consensus of the City Council to discuss non-union salaries in committee after the January 24, 1983 City Council meeting. 10. Council Conference Attendance Mayor Hinkle indicated that the League of Minnesota Cities sponsor a conference for newly elected officials and further indicated that he found the conference to be a good presentation and worth while for newly elected officials. Mayor Hinkle indicated that Councilmember Gunkel has expressed a desire to attend the conference scheduled for February 4th and 5th. COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE ATTENDANCE OF COUNCILMEMBER GUNKEL TO THE NEWLY ELECTED OFFICIALS CONFERENCE TO BE HELD AT THE RAMADA INN IN ST. PAUL ON FEBRUARY 4TH AND 5TH.COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Minnesota Star Cities Committee Appointments Discussion was carried on regarding the economic development commission, the nMmber of people that could serve on the commission, and the names of persons submitted for serving on the commission. Councilmember Gunkel indicated that she would like to submit the names of John Pearce, John Clark, Larry Toth and Gene Kreuser as appointments to the Elk River Economic Development Commission. Mayor Hinkl.e indicated that he would like to submit the name of Virgil Stegner City Council Minutes January 17, 1983 Page Eight as an appointment to the Commission. Carol Mills, Stan Wheaton, Doug Johnson, Mag Johnson, Frank Madsen and the City Council were also added to the list of persons as members of the Economic Development Commission. Councilmembers Duitsman suggested the City staff contact all those persons whose names appeared on the memo dated December 2, 1982 from the City Administrator to the Mayor and City Council as well as John Pearce, John Clark, Larry Toth, Gene Kreuser, Virgil Stegner, Carol Mills, Stan Wheaton, Doug Johnson, Mag Johnson, Frank Madsen and the City Council as potential members of the Economic Development Commission. The City Administrator indicated that he would compile a list o~ duties and send out the letter to all suggested members to the Economic Development Commission. The City Administrator further indicated that an ordinance must be adopted by the City Council establishing that EconomilZ Development Commission. 12. Admlnistratots Update A. Industrial Revenue Bond review for Shopping Centers The City Administrator indicated that he has met with Mr. Bob ~ls~h~rof Springsted regarding the financial projections of the proposed Planned Unit Developments on Highway 169. The City Administrator indicated that Springsted has some very def- inite questions regarding the financial projections, specifically questions regar- ding land cost and the fact that neither developer have shown any definate ten- nants or rental costs. The City Administrator indicated that Springsted has recommended that the City of Elk River place conditions regarding a lender to the project. The City Administrator indicated that a so called "name-brand" lender will be able to review the financial projections with the expertise that the City itself does not have. Councilmember Duitsman questioned if Springsted was recommending a financial institution, and further questioned the possibility of the developers having specific indi~duals committed to the investment if Industrial Revenue Bonds are available. Discussion was carried on regarding a date the City Counciloould meet with the City's attorney and the City's financial consultants regarding the Planned Unit Developments proposed for the City. It was the consensus of the City Council to meet with the financial consultants and the City's attorney on January 31, 1983 at the City Hall at 7:30 p.m. B. Legislative Activities City Administrator indicated that there is a coalition of outs tate cities that has been organized as a subdivision of the League of Cities, to work with the League regarding legislative activities. The City Administrator indicated that the Mayor and the City Administrator have met with the group and will be legislative contacts throughout the next legislative session. The City Administrator indicated that the two specific issues of interest are the labor relations issue, and the con- tracting of public works issue. The City Administrator further indicated that the membership fee to the outstate cities organization is $25.00. City Council Minutes January 17, 1983 Page Nine COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE JOINING OF THE OUTS TATE CITIES ORGAN- IZATION, ASU"BDIVISION OF THE MINNESOTA LEAGUE OF CITIES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12c.lnsurance Councilmember Duitsman indicated that Mr. Dan Greene has sent costs estimates for public liability insurance of public officials and commissions for up to 3 million dollars. The City Administrator indicatep that the City now has coverage for up to 2 million dollars for public officials and questioned the need of additional coverage. Councilmember Duitsman indicated that the Public Utility Commission has expressed their concern that 2 million is not adequate. It was the consensus of the City Council to review the information from Mr. Dan Greene regarding the costs of insurance for coverage of 3 million dollars. 12d. Rezoning of non-conforming uses The City Administrator indicated that the PlanniQgCommission did not meet in December and that they would be meeting next week to review the language changes in the ordinance regarding non-conforming uses and would thereafter be submitting a recommendation to the City Council. General discussion was carried on regarding the Fair Board meeting and the problems the Fair Board is having with the purchasing of additional land for the County Fair. 13. Check Register COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE JANUARY 17, 1983 CHECK REGISTER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Tentative Agenda The public hearing for Gates Avenue is tentatively scheduled for the February 7th 1983 City Council agenda. There being no further business, COUNCILMEMBER GUNKEL MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectively submitted, G11L 12;~Ju~lJ PhylliS Boedigheimer Deputy City Clerk/Treasurer