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06-22-1981 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELRRIVER PUBLIC LIBRARY JUNE 22, 1981 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom and Duitsman Members Absent: Councilman Toth 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item Number 13~, Ridgewood East Second Addition - Sewer Lateral Project, was added to the June 22, 1981 City Council Agenda. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE JUNE 22, 1981 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THEMOTION~ THE MOTION PASSED 3-0. 3. Minutes Correction to Item 6 of the June 9, 1981 City Council minutes ~ COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION'PASSED'3-0~ COUNCILMAN ENGSTROM MOVED APPROVAL OF THE MINUTES OF THE JUNE 9, 1981 CITY COUNCIL MEETING AS AMENDED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike A. Mr. and Mrs. Lyle Swanson appeared before the City Council regarding their variance request. Mrs. Swanson indicated that it was her understanding that they should appear before the City Council at the June 22, 1981 City Council meeting to present the documentations required by the City Council at the previous City Council meeting. Mrs. Swanson submitted letters from their neighboring property owners,indicating that the neighbors were not interested in purchasing the Swanson property. Mrs. Swanson also submitted copies of two ads, advertising their property for sale. Mrs. Swanson indicated that they had not received any response or interest in their ads. Mrs. Swanson indicated that it was her opinion that the documents submitted were in com- pliance with the Councilts request and asked that the City Council grant them a variance to build a home on their property. Councilman Duitsman recommended that the City Council consult with the Cityts attorney for his opinion prior to the approval of a variance for Mr. and Mrs. ~yle Swanson. The City Administrator indicated that the Council had also asked .for an ap- praisal of the property and pointed out that Mr. and Mrs. Swanson had not submitted an appraisal of the property with the other documents. Mayor Hinkle indicated that he felt the City Council should have the City attorneyts opinion regarding the Swanson variance request, and further in- dicated that he felt the tax assessorts appraisal would be a sufficient ap~ praisal of the property. General discussion was.carried on regarding the value of the property and the length of time the Swansons should advertise their property for sale. Page Two June 22, 1981 It was the general concensus of the City Council that the property should be advertised for sale two to four weeks. COUNCILMAN DUITS~ MOVED TO CONSIDER THE SWANSON VARIANCE REQUEST AT THE JULY 6TH~ 1981 CITY COUNCIL MEETING, AFTER CONSIDERATION OF THE LEGAL OPINION FROM. THE CITY.ATTORNEY. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. It was the concensus of the City Council that the City Administrator would consult with the City attorney and advise the Swansons as to any additional information necessary for the City Council. B. Mr. Robert E. Jacobs, 19318 Proctor Road, appeared before the City Council regarding an administrative subdivision proposed for his property at the above address, and also regarding an ordinance relative to the firing of firearms within the city limits. The City Administrator indicated that the City, at this time, does not have an ordinance addressing the firing of firearms within the city limits. The City Administrator explained that the old ordinance for the old town- ship prohibits the firing of firearms within 500 feet of a residence, and the ordinance for the old city prohibits the firing of firearms within the city. The City Administrator indicated that in the review and adoption of the new city code for the whole city, the firing of firearms within the city would be addressed. The City Administrator explained that Mr. Robert E. Jacobs has proposed an administrative subdivision for his property at 19318 Proctor Road, which would split the parcel into three parcels, and further explained that a public hearing regarding the administrative subdivision would be held at the July 6, 1981 City Council meeting. 5. Old Highway 11101 (CSAH 114Z) Bridge Replacement Mr. Darrell Berkowitz, of Tolz, King, Duvall and Anderson, and Mr. John Mullen of Barton-Aschmann and Associates, were present to review the process to date of the replacement of the Old Highway 11101 Bridge. Mr. Darrell Berkowitz reviewed the different alternates considered for the re- placement of the bridge and explained their recommendations of alternate lit' which replaces the existing bridge at approximately the same alignment as now exists. Mr. Berkowitz explained that the other alternates consisting of direct connection to the Main Street,Irving Street and Jackson Streets, respectively, were physically possible but not practictl because of the major amounts of expensive right-of-way that would be required for the construction, because the access to existing businesses and homes along the alternates would be eliminated, with no feasible way of providing access and because Main Street could not be feasibly con~cted to the alignments because of the differences in elevation existing be- tween Main Street and the alternates. Page Three June 22, 1981 Mr. Darrell Berkowitz reviewed the historical research done regarding the Old 101 Bridge and indicated that the research did not substantiate a strong con- nection with the C.A.P. Turner and further indicated that the Minnesota State Historical Society concurred with Barton-Aschmann's determination that the bridge would not be eligible for includsion in the national register of his- toric places. Mr. Berkowitz then reviewed two bridge construction alternates. Alternate 111 would have high retaining type abutments with a frontal vertical height ex- posure of 10 feet, with 3 span continuous 58' steel place girder configurations, for a total approximate bridge length of 402 feet. Alfernate #2 would have stub type abutments, with a frontal vertical height exposure of 2 feet, with 4 span pre-stressed concre.te configurations,. .for an approximate total bridge length of 443 feet. Mr. Berkowitz indicated that the estimated bridge construction cost for alternate #1 would be $2,029,145 and the estimated bridge construction cost for alternate 112 would be $1,747,591. Mr. Berkowitz indicated that they reconnnended alternate 112, with the pre-stressed concrete girders 4 span, 46 ft. wide with a 6 ft. sidewalk on the west side of the bridge construction. Mr. Berkowitz reviewed the time schedule with the City Council, indicating that construction could start in the fall of 1982, with completion in the fall of 1983. General discussion was carried on regarding the funding of the bridge replacement. Mr. Berkowitz indicated that Wright County and the City of Elk River would be re- sponsible for the removement of the old bridge and for the approaches to the bridge on each side, respectively. The County and City were responsible for the planning and engineering costs involving inspection and design. The federal government would be responsible for the construction bridge costs and other funds necessary could be obtained from the bridge bond program of Minnesota. Mr. John Pearce questioned the necessity of the bridge replacement and suggested the Old Highway 101 Bridge be used a~ a foot bridge and traffic use the new 101 Bridge. Councilman Duitsman explained funding could only be obtained for bridge replacement. Mr. Berkowitz indicated that the traffic study warranted the necessity of the bridge, and further indicated that the bridge would be a benefit to the down- town area. COUNCILMAN DUITSMAN MOVED TO APPROVE RESOLUTIQNoNO. 81-23~. APPROVING TKDA-'S RECOMMENDATION OF. C;ONSTRUCTION . OF ALTERNATE. NUMBER. 2 ,.;CONSISTINGOF 4 SPAN, PRE- STRESSEp.C;ONCRETE.GIRDERS.WITH.STUB TYPE ABUTMENTS WITH. AND APPROXIMATE. TOTAL BRIDGE LENGTH OF 443 FEET. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE.MOTION PASSED 3-0. 6. School Street Improvements Mr. Terry Mauer of Consulting Engineers Diversified, was present to present a detailed analysis of the storm sewer plan and the alterations proposed. Page Four June 22, 1981 Mr. Terry Mauer proposed two alternates, each designed to handle up to a ten year storm. One alternate was proposed without ponding areas and all water would be piped out to the river, at a total project cost of $2,508,000. The other alternate proposed ponding areas in Ridgewood, the Salk School property, behind the present school and ponding in the proposed park development, for a cost of approximately $1,337,900. Mr. Mauer reviewed the cost of the alternates as follows: Alternate 111, the original design proposed for the immediate School Street area, with ponding behind the school at $148,400; Alternate 112, with pond- ing areas at $255,000, and Alternate 113, proposed with piping only at $461,500. Mr. Mauer indicated that the ponding areas could store the water for several areas with an outlet from the ponding areas through the system. Mr. Mauer explained that the ponding areas could be designed so that no water would be left standing or they could be designed where the ponding areas could contain water at all times. Mr. Mauer indicated that much has been done in the design of holding water ponding areas to make them very desirable for the community. Mr. Terry Mauer then reviewed the cost estimate for the School Street Improvement. Mr. Mauer indicated that Consulting Engineers Diversified proposed and recommended a 46 ft. wide street, but further indicated that the state would accept a 36 ft. street for MSA funding. Mr. Mauer indicated that Alternate 111, a 46 ft. wide street cost would be $352,500, a 36 ft. wide street $307,300 and a 32 ft. wide street at $285,300. Mr. Mauer indicated that in meeting with the East Side Citizen's Group, they suggested channelization at the intersections for traffic and indicated they would compromise with a 36 foot wide street. Mr. Mauer indicated that channel- ization could be done with striping which would allow for either right or left turns or both at each intersection of School Street from Proctor Avenue to High- way 11169. General discussion was carried on between the City Council, Mr. Mauer and the citizens regarding the 4 feet necessary for the curb and gutter, and it was suggested that the 4 feet come from the north side of School Street rather than 2 feet from each side. Mr. Mauer indicated that the survey crews would do extensive field work and make recommendations as to where the right-of-way is, where the street should go and what would be the most economical solution. Mr. Mauer indicated that con- sideration would be given to the property owners regarding their trees and properties. Mr. Nick Olson, Chairman of the East Side Citizens Group, indicated their appre- ciationof the City Council and the consulting engineers, regarding their con- sideration of the group's comments and concerns for the School Street project. COUNCILMAN SCHULDT MOVED TO ADOPT RESOLUTION'81-24, ORDERING THE PLANS AND SPECIFICATIONS FOR THE SCHOOL STREET IMPROVEMENTS WITH A 36 FOOT WIDTH, AND RIGHT TURN LANES ONLY AT THE INTERSECTIONS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Page Five June 22, 1981 1 COUNCILMAN ENGSTROM MOVED TO ADOPT RESOLUTION 81-25, ORDERING THE PLANS AND SPECIFICATIONS .. FOR THE. SIDEWALK PROJECT. COUNCILMAN DUITSMAN SECONDED. THE MOTION. THE MOTION PASSED 3-0. Councilman Duitsman indicated that if the ponding proposal was a long term solution to the storm water drainage problem, he felt that it was necessary to consider the proposal. Mr. Terry Mauer indicated that the plan was an overall concept for the drainage problem and that the overall concept should be considered in the development of the area. Mr. Zabee indicated that the school board was also interested in a total com- prehensive plan for the storm water drainage of the area. COUNCILMAN DUITSMAN MOVED TO ADOPT RESOLUTION 81-26, ORDERING THE PLANS AND SPECIFICATIONS FoR.THE.SToRMSEWER PRoJECT.To SERVE THE SCHOOL STREET AREA, WITH THE PoNDING SYSTEM DESIGN AND TO INCLUDE A TOTAL COMPREHENSIVE PLAN WITH PoNDING SYSTEMS AND. PIPING. FOR THE TOTAL AREA. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Oak Meadows Administrative Subdivision The City Administrator indicated that Mr. Jacobson has requested an administrative subdivision for approximately 80 acres of property on the east side of Tyler between 197th and 200th Avenues, and further indicated that the lots proposed are properly sized and the subdivision as porposed is consistent with the City's zoning and subdivision ordinances. COUNCILMAN SCHULDT MOVED TO APPROVE RESOLUTION 81-27, APPROVING THE ADMINISTRATIVE SUBDIVISION AgREQUESTED BY MR. JACOBSON FOR THE 80.ACRES OF PROPERTY ON THE EAST SIDE OF TYLER BETWEEN 197thAND200th AVENUES. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. City Beautification Committee Report Mr. Dan Anderson, Mr. Mag Johnson and Mr. Tony Jarmoluk, members of the City Beautification Committee, were present to present a proposal by Ak-Sar-Ben for the improvement of the City-owned parking lot in the downtown area. General discussion was carried on regarding the improvements and cost of the improvements and if the improvements fit into the total plan for the downtown area, and also if the project could be done in two phases. Councilman Duitsman suggested the City Council review the funding available in the 1981 City budget and review the impact of the 8 percent tax levy limit placed by the State of Minnesota. Councilman Duitsman suggested that the City Council postpone a dollar commitment to the City Beautification Committee for the downtown park parking lot improve- ments until the July 6th, 1981 City Council meeting. General discussion was carried on regarding the cleaning and painting of the bridge adjacent to the Orono Dam for the dedication ceremonies of the dam tenta- tively scheduled for July 17th, 1981. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY TO PURCHASE THE PAINT FOR THE BRIDGE AND TO AUTHORIZE THE CITY BEAUTIFICATION COMMITTEE TO PAINT THE BRIDGE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Page Six June 22, 1981 General discussion was carried on regarding the proposed project #3, the fencing along the municipal parking lot at an estimated cost of $900. It was the general concensus of the City Council that further consideration be given to the need of the fence. 9. Johnson Aggregate Request for Conditional Use Permit and Mineral Extraction License The City Administrator indicated that the problems regarding Johnson Aggregate, Inc.'s request for a conditional use permit and mineral extraction license have been resolved and that City Staff recommends the approval of the conditional use permit request. The City Administrator indicated that Johnson Aggregate would do the mining in phases as proposed and would leave a ridge of trees as a buffer to the residences along the track side area of the mining project. COUNCILMAN ENGSTROM MOVED TO APPROVE THE CONDITIONAL USE REQUEST BY JOHNSON AGGREGATE, INC. FOR A FIFTEEN YEAR PERIOD. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Contract for Maintenance of Tot Park The City Administrator recommended that the City contract for the maintenance of Tot Park as the park is small, access is difficult by the city crew, and the park is removed.from other city facilities. The City Administrator indica- ted that Mr. Dave Bleyhl, a resident adjacent to Tot Park, has expressed interest in contracting for the maintenance of the park, and further indicated that Mr. Bleyhl would enter into a contract for the maintenance of the park for a contract fee of $100. The City Administrator indicated that it was his recommendation that the City Council contract with Mr. Dave Bleyhl for the maintenance of Tot Park at a contract fee of $100 for a full season and suggested a fee of $75 for the balance of the 1981 season. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO A CONTRACT WITH MR . DAVE. BLEYHL FOR THE MAINTENANCE OF TOT PARK FOR THE BALANCE OF THE 1981 SEASON FOR A CONTRACT FEE OF $75. COUNCILMAN ENGSTROM SECONDED THE MOTION~ THE MOTION PASSED 3-0. 11. Fire Department Recommendations The City Administrator indicated that Mr. Lloyd Barthel indicated his desire to resign as the City's fire chief. The City Administrator further indicated that it was the fire chief's and the fire department's recommendation that the City Council appoint Mr. Russ Anderson as the new fire chief. The City Adminis- trator indicated that in discussions with Mr. Russ Anderson regarding the fire chief position, Mr. Anderson indicated that he would spend approximately 8 hours a week performing the .fire chief duties. The City Administrator indicated that it was the fire department's recommendation and the City Administrator's recommendation that the fire chief '$ ,alary be increased to $500 a month. Page Seven June 22, 1981 COUNCILMAN DUITSMAN MOVED TO APPOINT MR. RUSS ANDERSON AS THE NEW FIRE CHIEF FOR THE CITY OF ELK RIVER AND TO RAISE THE FIRE CHIEF'S SALARY TO $500 A MONTH. COUNCILMAN. ENGSTROM. SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Renewal of Employee Health Insurance Policy The City Administrator indicated that the City's contract with Physician's Health.Plan was due to be renewed on July 1, 1981, and further indicated that the renewal proposal submitted by Physician's Health Plan increases the City's rat.es by 25 percent for the next one-year period. The City Administrator indicated that the proposed rate increase of 25 percent has been reviewed by the City's employees and all but one have agreed that the Physician's Health Plan is a good health insurance program and that they would like to stay with the plan. COUNCILMAN SCHULDT MOVED TO APPROVE THE RENEWAL OF THE PHYSICIAN'S HEALTH PLAN INSURANCE PROGRAM. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 13. Administrator's Exclusion from PERA The City Administrator indicatJed that during the 1981 legislative session a bill was passed that allows city managers and city administrators to be excluded from the PERA system and to select an IRA approved retirement or deferred compensation plan as a substitute, and further indicated that after reviewing the options available has decided to enter into the deferred compensation plan. COUNCILMAN DUITSMAN MOVED TO APPROVE RESOLUTION 81-21, APPROVING THE ELECTION OF. ROBERT C. MIDDAUGH TO.BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, AND APPROVING RESOLUTION 81-22, AUTHORIZING THE AGREEMENT WITH THE. CITY. ADMINISTRATOR. RELATING TO.. A DEFERRED COMPENSATION PLAN. COUNCILMAN SCHULDT SECONDED THE.MOTION~ .THE.MOTION PASSED. 3-0. 14. Non-Con Items A. Renewal of Wapiti Park 3.2 On and Off Sale Beer Licnese B. Renewal of Dick's Main Tap Liquor, Sunday Liquor and 3.2 Off Sale Beer License C. Renewal of Hagen's Super Value 3.2 Off Sale Beer License D. Renewal of St. Andrew's Church Annual Bingo License E. Renewal of Ebner's Bait 3.2 Off Sale Beer License F. One Day 3.2 On Sale Beer License for Elk River Softball Association July 11th and 12th COUNCILMAN DUITSMAN MOVED. TO APPROVE. THE RENEWAL OF. THE NON-CON ITEMS. AS .. L I S- TED. A THROUGH. F ~. COUNCILMAN. ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Page Eight June 22, 1981 15. Administrator's Update A. Sanitary Sewer Interceptor The City Administrator indicated that the City was progressing with the easements necessary for the sewer interceptor. The City Administrator indicated that he had made a presentation to the Board of Directors of the Guardian Angels regarding the sewer interceptor project, and further indicated that the Guardian Angels Foundation wanted to build a walkway over the sewer interceptor to their building of which they would be responsible for the maintenance. The City Administrator also indicated that he would be meeting with the contractors on Wednesday, July 1st, 1981 regarding the procedure of the project. 16. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN SCHULDT SECONDED THE MOTION~ THEMOTIONPASSED3~O. 17. Tentative Agenda , The City Beautification Committee.- ParkingLbtRequest, the Swanson Variance Request, and Robert Jacobs Administrative Subdivision Public Hearing are all items tentatively scheduled for the July 6th, 1981 City Council meeting. There being no further business, COUNCILMAN SCHULDT MOVED TO ADJOURN THE MEETING. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. Respectfully Submitted, \Y(~ Deputy PB:dkk