Loading...
02-14-1983 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY FEBRUARY 14, 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 COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE FEBRUARY 14TH CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes The Minutes of the February 7, 1983 City Council meeting were not available for approval. 4. Open Mike Mr. Gary Rohling questioned the progress of the storm sewer along Gates Avenue and the ponding in the planned unit development area. The City Administrator indicated that plans and specifications are in the process of being drawn for the storm sewer project and furth~indicated that the project will take approximately one year. The City Administrator indicated that the Street Superintendent would investigate the ponding in the planned unit development and install a snow fence around the pond, if necessary. 5. Recreation Board Recommendations Regarding Softball Field Use Mayor Hinkle indicated that the Recreation Board has met with Mr. Dennis Carlson from the Community Education office and members of the Softball Association in de- veloping recommendations regarding the use and scheduling of the City-owned softball fields. Mayor Hinkle indicated that the guidelines provide an opportunity for organized use such as the Softball Association's regular scheduled softball games and tournaments while still allowing time for unscheduled activities of the general public. Mayor Hinkle further indicated that City staff supports the recommendations made by the Recreation Board. Councilmember Schuldt indicated that he felt the scheduling of every other weekend for softball tournaments tied up too many weekends and further recommended that tournament organizers post $100 deposit fee with the Community Ed office at least 48 hours in advance rather than 24 hours. Mr. Mike O'Brien, representative of the Recreation Board, indicated that the sug- gestion of every other weekend allowed for a half and half situation and further in- dicated that the Recreation Board felt this was a happy medium between the tourna- ment organizers and the general public. Discussion was carried on regarding the scheduling of tournaments and the length of time the tournaments run over a weekend. City Council Minutes February 14, 1983 Page Two Councilmember Engstrom indicated that he felt every other weekend would be fair as last year, tournaments were scheduled for more than half of the weekends. Councilmember Gunkel requested that the schedule be posted for the tournaments. Mr. Dennis Carlson indicated that the scheduled tournament weekends could be posted in advance and further suggested that the Council approve two weekends a month for tournaments, rather than every other weekend. Discussion was carried on regarding tournaments. Discussion was also ca scheduled activities. Mr. Dennis Ca for the clean-up of the fields and a he organizations that actually scheduled the ried on regarding the deposit fee required for lson indicated that the deposit fee would be ea after a scheduled tournament. Councilmember Duitsman indicated tha Labor Day weekend should be open to he felt the Fourth of July weekend and the general public. Discussion was carried on regarding he return of deposit fees. It was the consen- sus that.Mr. Dennis Carlson of the C mmunity Ed office would concur with the City staff regarding cleanup after a sche uled event; It was the consensus of the City Cou Elk River Recreation Board be amende posit fee for any scheduled activity ball tournaments two weekends a mont cil that the recommendations submitted by the to require a 48-hour advance posting of a de- and that the fields would be available for soft- COUNCILMEMBERENGSTROM MOVED TO APPROVE THE RECOMMENDATIONS REGARDING THE SCHEDULING OF ELK RIVER SOFTBALL FACILITIES SUBMITTED BY THE ELK RIVER RECREATION BOARD AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4--0. 6. Ohland Street Vacation Request - Public Hearing The City Administrator indicated that Mr. Wally Ohland has requested that the City of Elk River vacate a 166 foot road easement between his property and the Burlington Northern Railroad property. The City Administrator further indicated that in order to vacate a public easement, the City Council must find that the easement in ques- tion is unnecessary and does not serve a public purpose and will not be necessary or utilized in the future. The City Administrator indicated that City staff finds the 166 foot road easement is in excess of the needs of the City of Elk River and further indicated that the City staff also finds that maintaining a road easement of reasonable size at the south end of Mr. Ohland's property would be in the best interest of the public. The City Administrator indicated that the need for a public right-of-way at the southerly portion of Mr. Ohland's property would provide the only feasible and reas- onable way to gain access to the property east of the Peterson Addition. The City Administrator indicated that it is recommended that the City Council vacate a por- tion of the 166 foot easement as shown in Exhibit B of the memo dated February 11, 1983. City Council Minutes February 14, 1983 Page Three Mr. Cliff Lundberg, representing Mr. Wally Ohland, indicated that the easement for the road is not intended to serve the property to the east of the Peterson Addition. Mr. Lundberg further indicated that the City never accepted the easement. The City Administrator indicated that the fact that the City never accepted the easement has no bearing on the issue and further indicated that the property is deeded to the City. Mr. Lundberg suggested that the easement retained by the City be limited to the south 66 feet all the way across Parcel 26 and 27. The City Administrator indicated that the easement as Mr. Lundberg proposed would provide for a very difficult intersec- tion to Ogden Street, as it would be very close to the railroad crossing. Mr. Cliff Lundberg indicated that should the City retain an easement and a right~of-way, the City should maintain the road that is in the right....of-way. Councilmember Duitsman indicated that the City has not accepted, what have been pri- vate gravel roads within the City 'of Elk River. The City Administrator indicated that at the time of the Peterson Addition improvements, the City contacted Mr. Ohland regarding the improvement of the road right-of-way. The City Administrator indi- cated that the City asked Mr. Ohland to purchase the material for the road and that the City would then maintain the road. Mr. Wally Ohland indicated that he did not feel it was his responsibility to pay for the material for the road as the City was responsible for taking away his private railroad crossing. Mr. Wally Ohland further indicated that he has been maintaining that portion of the road for the last two years. Mr. Ohland indicated that he felt the City of Elk River should give back the road to him by vacating the easement or keeping the easement and maintaining the road. Mr. Lundberg indicated that the private crossing was taken away from Mr. Wally Ohland without due process because the City and the Burlington Northern were in agreement regarding the closing of the private crossing. The City Administrator indicated that the City intervened in the closing of the original private crossing in order to pro- vide access for the residents in the Peterson Addition. Mr. Lundberg indicated that he felt that if the City found the need to maintain the right-of-way, the City was obligated to maintain the road. The City Administrator indicated that the easement was simply a right-of-way and did not require maintenance by the City. Mayor Hinkle indicated that he felt that it was important that the City,~li(~'the. easement tDprovide the property to the east an access to the railroad crossing as the railroad crossing is owned by the whole City of Elk River. Councilmember Duitsman indicated that the question of the acceptance of gravel roads has been referred to the Planning Commission for their recommendation. Discussion was carried on regarding the closing of the private railroad crossing and the construction of the new railroad crossing to the Peterson Addition. Council- member Duitsman indicated that he felt the City Council was trying to solve a prob- lem for the citizens in the Peterson Addition. ",.- . City Council Minutes February 14, 1983 Page Four COUNCILMEMBER DUITSMAN MOVED TO APPROVE RESOLUTION 83~3, A RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER ENGSTROM OPPOSED. COUNCILMEMBER DUITSMAN MOVED TO APPROVE RESOLUTION 83-4, A RESOLUTION AUTHORIZING THE VACATION OF A PUBLIC EASEMENT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER ENGSTROM OPPOSED. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE CITY'S ATTORNEY TO REVIEW THE ISSUE OF THE MAINTENANCE OF PRIVATE ROADS IN CITY RIGHT-OF-WAY. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Mayor Hinkle indicated that the City Council would be addressing the problems of the gravel roads within the City of Elk River in the year 1983 and further indicated that it has been recommended that the Planning Commission review the issue of the acceptance of gravel roads by the City of Elk River. Mr. Wally Ohland indicated that he has a problem with the maintaining of a road within the City's right-of-way. Councilmember Duitsman indicated that the City Council is not prepared at this time to give an answer to Mr. Ohland regarding the maintenance of a road in a City right- of-way. 7. Administrator's Update A. Lawcon Grant The City Administrator indicated that the City of Elk River has received a letter from the Minnesota Department of Energy, Planning and Development regard- ing the 1983 Lawcon Grants. The City Administrator indicated that the Depart- ment was very optimistic with regard to funding of local park grant programs for the year 1983. The City Administrator indicated that the Lions Club may still want to proceed with the Park project without any grant funds. The City Administrator further indicated that the Lions have submitted a request for a rezoning to the Planning Commission for their seven-acre parcel in order to make the land more saleable. Mayor Hinkle indicated that the City would have some park funds if the park dedication fees would be received from the plats developed within the City. Discussion was carried on regarding the park dedication ~nd&~which have ~~~- ceived by the City of Elk River and which ones are pending. B. Repairs at Orono Dam The City Administrator indicated that the City has received a letter from Acton Construction Company regarding the replacement of parts and repairs nec- essary at the Orono Dam. The City Administrator indicated that Acton has agreed to pay for half of the costs of the repairs which amount to $259.24. City Council Minutes February 14, 1983 Page F;i:.ve It was the consensus of the City Council to accept half of the cost of re- pairs. COUNCILMEMBER ENGSTROM MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO WRITE A LETTER TO ACTON CONSTRUCTION EXPRESSING THE COUNCIL'S DISSATISFACTION WITH ACTON'S RESPONSE. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Progress on 101 Bridge Replacement The City Administrator indicated that he has met with the Wright County Engi- neers and the engineers on the bridge project. The City Administrator further indicated that it is proposed that construction should begin at the end of the year, with the bid letting in September and construction ~ommencing in the winter. The City Administrator indicated that the plans and specifications have been submitted to the state for their approval. The City Administrator in- dicated that Wright County needs to secure some right~of-way and that the City needs to make an agreement with the Nadeau Dry Cleaner's. The City Administrator indicated that the old bridge would be closed approximately one year and that the old bridge would be taken down first and then construction of the new bridge would commence. General discussion was carried on regarding the condition of the bridge at the present time and who is responsible for maintaining the bridge. 8. Tentative Agenda Committee session to discuss City budget is scheduled for the next City Council meeting February 21, 1983. There being no further business, COUNCILMEMBER ENGSTROM MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, 9~di:f.:~~ Deputy City Clerk/Treasurer PB:dk .. .