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08-17-1981 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY AUGUST 17, 1981 Members Present: Mayor Hinkle, Councilman Duitsman, Toth and Schuldt Members Absent: Councilman Engstrom 1. Meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda The City Administrator distributed a revised agenda for the August 17, 1981 City Council meeting. Items number 5~, consideration of Elk Hills Drive turn lane, and number ll~, consideration of sanitary sewer user rates, were added to the agenda. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE AGE}IDA AS AMENDED. COUNCILMAN TOTH SECONDEDTHEMOTION~ THE MOTION PASSED 3-0. 3. Minut es Councilman Duitsman asked that Item number 8, of the August 3rd, 1981 City Council minutes be amended to reflect the City Administrator's comments rel- ative to change order number 1 for the sanitary sewer interceptor and speci- fically to reflect a discussion of savings from an elimination ofa number of manholes and sewer pipe quantities that equal or exceed the amount requested in change order number 1. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE AUGUST 3RD, 1981 CITY COUNCIL MINUTES AS.AMENDED~ .COUNCILMAN SCHULDT. SECONDED THE.MOTION. THE MOTION PASSED 3-0. 4. Open Mike Mr. Dick Patenaude appeared before the City Council to ask that 193rd Avenue between County Road 1 and Meadowvale Road be upgraded by the City. Mr. Pat- enaude indicated that the road was extremely rough even after being graded by the City maintenance crews and requested that additional class 5 gravel or black- top be placed on the surface so as to make it a more drivable road. COUNCILMAN SCHULDT MOVED TO AUTHORIZE REPAIRS AND UPGRADING BY THE CITY AT A REASONABLE COST AND WITHIN BUDGETED AMOUNTS FOR CALENDAR YEAR 1981. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 5. 1981 Improvement Bond Sale King Forness of Springsted, Inc. was present to review bids for the second 1981 improvement bond sale for the City. Mr. Forness indicated that 3 bids had been received on the bond sale and that at the present time, the bond buyers index had increased substantially and was now near the statutory limit of 12 percent. Mr. Forness indicated further that there appeared to be no sign of a let up in the interest rates, which was rather perplexing to economists and financial analysts. Of the three bids received, the low bid was made by the First Nation- al Bank of Minneapolis, with a net effective interest of 11. 4046 percent. Mr. Forness informed the City Council that it would be necessary to assess the August 17, 1981 Page Two projects included in the improvement bond sale at a rate of 13 percent, which is the maximum authorized by state statute, in order for the assessment in- come projected in the bond program to be viable. COUNCILMAN TOTH MOVED TO AWARD THE BID FOR THE 1981 IMPROVEMENT BOND SALE TO THE FIRST NATIONAL BANK OF MINNEAPOLIS AT A NET EFFECTIVE INTEREST OF 11.4046 PERCENT. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PAS SED 3-0. Councilman Duitsman questioned what the impact on the bond program would be if one of the projects were not to be ordered by the City Council. Mr. For- ness indicated that typically money bonded for and not utilized would be placed into a debt redemption fund and utilized to pay back bond costs and as such would not pose a problem. 5~. Elk Hills Drive Tutn Lane Construction and Road Repair Terry Mauer of Consulting Engineers Diversified, presented a memo to the City Council summarizing costs obtained for constructing a turn lane on Elk Hills Drive at the intersection of Highway #169 and for repairing a dip in the road at the same approximate location. Mr. Mauer indicated that the $3,476.50 for repairing the road surface that now exists, assumed that the Cityfuaintenance crew would do all work on the project except the actual blacktop surface installation. Mr. Mauer indicated that the cost of constructing the turn lane, an approximate additional $5,000, assuming that fill would be available from the Barrington Place Addition, which is adjacent to the road in question. It was the Council's concensus that at the price quoted, the turn lane construction, while desirable, was too expensive to pursue at this time. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE ROAD REPAIR IN THE AMOUNT OF $3,476.50 WITH THE UNDERSTANDING THAT THE PROJECT. COST WAS TO.BEEQUALLY SPLIT J:JY tll.'E....'OITY AND THE DEVELOPER OF BARRINGTON PLACE, MR. GARY SANTW'IRE.. COUNCILMAN T TH SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Barrington Place Improvements The City Administrator informed the Council that the bonds sold earlier in the evening included costs to pay for the improvements associated with the Barring- ton Place Subdivision. The Administrator indicated that the project was initiated by a 100 percent petition which was in proper order and as such recommended that the City Council order that the improvement be constructed and award the bid to the low bidder. COUNCILMAN DUITSMAN MOVED TO ADOPT RESOLUTION 81-35, ORDERING THE COMPLETION OF THE BARRINGTON PLACE IMPROVEMENTS AND AWARDING THE BID FOR PHASE TWO OF THE CONSTRUCTION TO HBH, INC. IN THE AMOUNT OF $136,678.75. COUNCILMAN SCHULDT SECONDED THE.MOTION. THE MOTION PASSED. 4-0. 7. Greenhead Acres 3rdAdditionlmprovements The City Administrator informed the Council that the bonds sold earlier in the evening included funds to pay for the costs if improvements to the Greenhead Acres 3rd Addition. The Administrator informed the Council that the project August 17, 1981 Page Three was initiated by 100 percent petition of the developer and that the petition was in proper order and as such, recommended that the Council order the comple- tion of the improvements and award the bid to the low bidder. COUNCILMAN-TOTH MOVED TO ADOPT RESOLUTION 81-36, ORDERING THE _ COMPLETION OF THE IMPROVEMENTS TOGREENHEAD ACRES 3RD ADDITION AND AWARDING THE BID TO BUFFALO BITUMINOUS, INC. IN THE AMOUNT OF $147,086. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Library Building and Sign Repair The City Administrator informed the Council that certain repairs to the exterior woodwork on the library building and the library sign were necessary in order to preserve each of the structures and to keep them looking acceptable. The Administrator indicated that a local contractor had quoted a price of $526 for repairing and refurbishing both the sign and the woodwork on the exterior of the library building, and recommended that the City Council authorize an ex- penditure of this amount from the Council's contingency fund. COUNCILMAN SCHULDT MOVED TO AUTHORIZE AN EXPENDITURE OF $526 FROM THE CITY COUN- CIL CONTINGENCY FUND TO REPAIR AND REFURBISH THE EXTERIOR WOODWORK ON THE LIBRARY BUILDING AND SIGN ~ COUNCILMAN - DUITSMAN - SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Meeting Room Furniture Purchase COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE PURCHASE OF 3 FOLDING TABLES, AT APPROXIMATELY $240~ and-IS-STACKING CHAIRS, AT APPROXIMATELY $320, FROM THE- CITY COUNCIL CONTINGENCY.FUND TO-FURNISH-A-NEWLY-DEVELOPED MEETING ROOM AD- JACENT TO THE EXISTING CITY HALL. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Industrial Park'Feasibility-Report and-Public Hearing Date The City Administrator reviewed with the City Council the need for a certain procedure to be followed in an improvement project not initiated by 100 percent petition and accomplished under Chapter 429 of the Minnesota State Statutes. The Administrator recommended that the Council formally receive a previously discussed feasibility report on the Industrial Park improvements and set a date for a public hearing. COUNCILMAN DUITSMAN MOVED TO ADOPT RESOLUTION 81-37, ACCEPTING 'THE PRELIMINARY REPORT-FOR-THE-INDUSTRIAL-PARK-IMPROVEMENT-PROJECT AND-ESTABLISHING THE PUBLIC HEARINGDATEASTUESDAY~SEPTEMBER8TH,AT8:00-P.M. AT THE ELK RIVER PUBLIC LIBRARY. COUNCILMAN - TOTH' SECONDED - THE MOTION. THE MOTION PASSED 4-0. 11. Resolution Requesting Speed Study by the Commissioner of Transportation The City Administrator reviewed statutory requirements for establishing speed zones in the City of Elk River with the City Council. The Administrator informed the Council that in a large number of areas in the City, in order to establish August 17,1981 Page Four speed zones, it would be necessary to have a special speed study requested of the Commissioner of Transportation and the Commissioner's authorization then to establish the desired speed zone. The Administrator reviewed specific areas which City staff thought should be studied by the Commissioner of Transportation for possible establishment of speed zones. The City Council asked that roads indicated on the map in the area known as Heavenly Hills be deleted, inasmuch as the roads have not been accepted by the City of Elk River and were private roads. The Council also asked that County Road #21 and County Road #1, from the Industrial Park to the intersection with County Road #77,and County Road #12 from the intersection of Tyler Avenue to ~~in Street, and Dodge Avenue between 5th Street and Elk Hills Drive be included in the speed zone study. COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 81-38, REQUESTING THE COMMIS- SIONEROF TRANSPORTATION TO STUDY CERTAIN ROADS IN THE CITY OF ELK RIVER FOR THE PURPOSE.. OF ESTABLISHING. SPEED ZONES. COUNCILMAN SCHULDT SECONDED. THE MO- TION. THE.MOTION.PASSED 3-0. 11~. Sanitary Sewer User Rates The City Administrator informed the Council that since it was anticipated to issue short term certificates for capital expenditures in the sewer plant, than more money was available than originally had been anticipated in the sewer fund. In addition, a general fund tax levy had been made in calendar year 1981 that previously had been overlooked. COUNCILMAN DUITSMAN MOVED TO RESCIND A PREVIOUS RATE INCREASE OF 10 PERCENT FOR SEWER USER RATES. COUNCILMAN TOTH SECONDED THE MOTION~. THE MOTION PASSED 3-0. 12. Administrator's Update A. School Street Improvement Project The City Administrator informed the Council that plans for the School Street improvement project were available and proposed that the Council set up a meeting with the East Side Concerned Citizens to review the plans prior to the next City Council meeting. It was the City Council concensus to conduct a work session with the East Side Concerned Citizens on Monday, August 24th, 1981 at the Elk River City Hall to review the School Street improvement plans. B. Gravel Tax The City Administrator informed the Council that a change in the State Statutes allowing counties to levy a certain tax on gravel extracted with- in a county had not been accomplsihed. The Administrator informed the --- Council that having legislation adopted allowing cities to participate in the tax levied by the counties would be a high priority and would be pursued in calendar year 1982. C. Mediscreen, Inc. The Administrator informed the Council that the Masonic Lodge is meeting on August 18th, 1981 to address the previous problems raised with the Lodge's August 17, 1981 Page Five Tennant of Mediscreen Inc. It was the Council's concensus to delay any further action or review of this item until the next City Council meeting. D. Peterson Addition Roads The Administrator informed the Council that the Peterson Addition Roads had been reviewed by the city engineer and street superintendent and that the engineer is in the plEocess of negotiating repairs with the contractor. Re- p irs should include additional ,shoulder work a~"'seeding in areas wh4ehoc'1<e.- q ired seed but had not been accomplsihed. The Administrator informed the C uncil that further updates would be available during future meetings. E. e Administrator informed the Council that the requested LAWCON Grant f r development of Central Park had been denied by the State. It was the Council's concensus that the City Administrator review this situation with the Lion's Club to determine if there were any desire to continue develop- ment without grant money. F. Rotary Chemical Dependency Program The City Administrator reviewed an activity being sponsored by the Elk River Rotary Club to provide a program to make the community more aware of alcohol and drug dependency problems. COUNCILMAN TOTH"MOVED TO" SUPPORT AND ENDORSE THE " ROTARY CLUB'S EFFORTS AND PROGRAM. COUNCILMAN"DUITSMAN SECONDED"THE"MOTION~ THE "MOTION " PASSED '4-0. G. IntersectionofCountyRoadNo~l and County Road No. 77 The City Administrator reviewed a letter received from the County Highway Engineer relative to the City's request to improve the safety Df County Road 1 and County Road 77 intersection. It was the Council's concensus that due to the unusual geometry of the intersection and the hazard posed, that the City go on record requesting that the County Board place a stop sign at the intersection of County Road and 77 as a safety feature. COUNCILMAN TOTH MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO COMMUNICATE WITH THE SHERBURNE" COUNTY BOARD OF COMMISSIONERS, REQUESTING A STOP SIGN TO STOP SOUTHBOUND TRAFFIC ON COUNTY" ROAD 77 AT THE INTERSECTION OF COUNTY ROAD 77 AND COUNTY ROAD 1. MAYOR HINKLE SECONDED THE MOTION. THE MOTION PASSED 3-0~1. COUNCILMAN DUITSMAN ABSTAINING. 13. Council Meeting Date COUNCILMAN TOTHMOVED TO ESTABLISH THE NEXT CITY COUNCIL MEETING AS TUESDAY, SEPTEMBER 8TH, 1981, DUE TO THE LEGAL HOLIDAY, ON THE REGULAR MEETING DATE OF SEPTEMBER 7TH. COUNCILMAN DUITSMAN SECONDED" THE MOTION. THE MOTION PASSED 3-0. August 17, 1981 Page Six 14. Dino's Pizza.On Sale Bee:t.License COUNCILMAN DUITSMAN MOVED APPROVAL OF A 3~2 PERCENT ON SALE BEER LICENSE FOR DINO'S PIZZA. COUNCILMANSCRULDTSECONDEDTHEMOTTON~THEMOTION PASSED 3-0. 15. Barrington Place Addition Pay Estimate Number 1 COUNCILMAN TOTH MOVED APPROVAL OF PAY ESTIMATE NUMBER 1 FOR BARRINGTON PLACE ADDITION IN THE AMOUNT OF $76,562~07. . COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 16. Sanitary Sewer Inte:tcepto:t Pay Estimate Number 1 COUNCILMAN DUITSMA11 MOVED APPROVAL OF PAY ESTIMATE NUMBER 1 FOR THE SANITARY SEWER INTERCEPTOR IMPROVEMENTS IN THE AMOUNT 'OF $212,379.91. COUNCILMAN TOTH SECONDED THE MOTION. THEMOTIONPASSED3~0. 17. BroadwayBa:t and Pizza On Sale Beer License COUNCILMAN DUITSMAN MOVED APPROVAL OF A 3~2 PERCENT TEMPORARY ON SALE BEER LICENSE FOR BROADWAY BAR AND PIZZA. SOFTBALL' CLUB' ON' AUGUST 29TH AND 30TH.' COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 18. Houle Superette' Off Sale Bee:tLicense The City Administrator indicated that with the closing of the adjacent Rec Room that Wally Houle was again requesting a 3.2 percent off sale beer license for his ~uperette located on Highway 1110. COUNCILMAN DUITSMAN MOVED APPROVAL OF A 3. 2 PERCENT OFF SALE BEER L ICENSEFGE THE HOULE SUPERETTE. COUNCILMAN SCHULDT SECONDED THE.MOTION. THE.MOTION.PASSED 2~1. COUNCILMAN TOTH OPPOSED. 19. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE AUGUST 17TH, 1981 CHECK REGISTER. COUNCILMAN TOTH SECONDED THE' MOTION ~ THE .. MOTION' PASSED 3-0. 20. Tentative Agenda Items tentatively scheduled to be discussed at the next City Council meeting include the Industrial Park improvements and Donahue Industrial Revenue Bond request. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCIU1AN SCHULDT SECONDED THE MOTION ~ THE MOTION. PASSED . 3~0.. MEETING. ADJOURNED. Respectfully Submitted, ~c . ",," -,~ - " Robert C. Middaugh City Administrator RCM:dkk