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10-19-1981 CC MIN REGULAR SEMI -MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL, HELD AT THE ELK RIVER PUBLIC LIBRARY OCTOBER 19, 1981 Members Presnet: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Toth and Duitsman Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item 13c., the fire truck lawsuit, and Item 13d., KTWN Radio Show, were added to the October 19, 1981 City Council Agenda. COUNCILMAN DUITSMAN MOVED TO APPROVE THE OCTOBER 19, 1981 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED TO APPROVE THE MINUTES OF THE OCTOBER 5, 1981 CITY COUN- CILMEETING.. COUNCILMAN ENGSTROM SECONDED THE MOTION. . THE MOTION PASSED 4-0. 4. Open Mike Mr. Dexter Mapson of the Assembly of God Church was present to request the City Council to sell the five acres owned by the City on Highway 169 to the Assembly of God Church. Mr. Mapson presented the City Council a drawing of the building proposed for the site. Mr. Mapson indicated that the Assembly of God Church was in dire need of a new building and further indicated that they would desire approximately 10 acres of land, but were very interested in the five acres owned by the City and would propose to buy additional property behind the five acres. Mr. Mapson indicated that the proposed size of the building would be 30,000 square feet. Councilman Duitsman indicated that he felt the five acres of land owned by the City could be used for a street department building and further indicated that it was his opinion that if the City decided to sell the property, it should be opened to the public as the City Council has previously turned down requests for purchase of the property. Mr. Mapson suggested that the City could possibly purchase cheaper land for the use of a city garage than what is being offered by the Assembly of God Church for the five acres on Highway 169. Mayor Hinkle questioned the availability of other property for the City. Councilman Schuldt indicated that the City Council should have time to consider the options available before deciding to sell the property. Councilman Toth indicated that he felt the City did not have a need to sell the property at this time. Councilman Engstrom indicated that the City Council should project the needs of the City before making a decision. October "19, 1981 Page Two COUNCILMAN DUITSMAN MOVED TO CONSIDER THE SALE OF THE FIVE ACRES OF PROPERTY ON HIGHWAY 169 TO THE ASSEMBLY OF GOD CHURCH AT THE NOVEMBER 2ND, 1981 CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. 1982 Library Budget The City Administrator indicated that the Library has submitted a budget of $16,605.00 for calendar year 1982. Councilman Duitsman indicated that the 1982 budget request was reasonable and would be considered in final form with the total City budget for 1982. 6. Various Pay Estimates A. Greenhead Acres 3rd Addition The City Administrator indicated that the request by Buffalo Bituminous for $28,647.25 was in partial payment for the dirt work and culverts in the Green- head Acres 3rd Addition project. "COUNCILMAN DUITSMAN MOVED" TO APPROVE PARTIAL PAYMENT TO BUFFALO" BITUMINOUS IN THE AMOUNT OF $28~ 647.25 FOR GREENHEAD ACRES 3RD ADDITION." COUNCILMAN SCHULDTSECONDEDTHEMOTION~ TNEMOTION PASSED 4-0. B. Sanitary Sewer Interceptor The City Administrator indicated that the road patching on School Street, Proctor, Main and County Road 1 would be completed and the contractors are in the process of starting the final grade, and the preparation for blacktop. The City Administrator further indicated that the request from Northdale Con- struction was for pay estimate 113, in the amount of $154,192.03. COUNCILMAN DUITSMAN MOVED TO APPROVE PAY ESTIMATE If3 FOR THE SANITARY SEl.JER INTERCEPTOR PROJECT TO NORTHDALE CONSTRUCTION IN THE AMOUNT OF $154,192.03. COUNCILMAN" ENGSTROM SECONDED THE MOTION." THE MOTION PASSED 4-0. C. Sludge Collectors The City Administrator indicated that the request by Gridor Construction in the amount of $19,200.00 was for the sludge collector replacement at the Hastewater Treatment plant. COUNCIUfANDUITSMAN"MOVEDTO APPROVE THE REQUEST BY GRIDOR CONSTRUCTION IN THE AMOUNT"OF" $19,200.00 FOR. THE" SLUDGE COLLECTOR REPLACEMENT. COUNCILMAN "SCHULDT" SECONDED"" THE MOTION. "THE MOTION PASSED 4":"0. D. 1981 Sealcoatproject The City Administrator indicated that Allied Blacktop has requested payment for the 1981 sealcoat project in the amount of $25,427.87. . October 19, 1981 Page Three Councilman Duitsman questioned the total amount, as approximately $32,000 was allocated for sealcoating for 1981. Mr. Terry Mauer of Consulting Engineers Diversified indicated that all streets scheduled for sealcoating in 1981 were sealcoated and that the amount was less than estimated due to the width of some streets versus others. COUNCILMAN ENGSTROM MOVED TO APPROVE THE PAYMENT REQUEST FROM ALLIED BLACKTOP IN THE AMOUNT OF $25,427~87 FOR THE 1981 SEALCOAT PROJECT. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. John Judge Conditional Use Permit ~Publi~Hearing The City Administrator indicated that Mr. John Judge of 18279 Concord Street, has requested a conditional use permit fot a home occupation to operate a taxi service and further indicated that the Planning Commission has approved Mr. Judge's request for the conditional use permit. The City Administrator indicated that it was the City Staff's recommendation to grant a two-year conditional use permit to Mr. John Judge to operate a taxi service out of his home with the stipulation that only one taxi be operated. Mr. John Judge questioned the hours of operation as expressed in the home occupa- tion ordinance. The City Administrator indicated that the Planning Commission and the Building Official agreed that the 'hours were not applicable, as the taxi service of transporting people would not be done at the resident location. Mayor Hinkle opened the public hearing to the public. Mr. Dean Weinmergren in- dicated that his property was back to back with Mr. John Judge's property and further indicated that he could see no pr<;>blem with the taxi service operation. COUNCILMAN DUITSMAN MOVED TO APPROVE A ~JO-YEAR CONDITIONAL USE PERMIT FOR MR. JOHN JUDGE TO. OPERATE.A.ONE..,.CAR.TAXI.SERVtCE OUT OF HIS HOME.LOCATED AT 18279 CONCORD. STREET. COUNCILMAN. ENGSTROM SECONDED THE MOTION . THE MOTION PASSED 4-0. 8. Proposed Use Hearing for Revenue Sharing purposes- Public Hearing I - The City Administrator indicated that the City's revenue sharing funds for cal- endar year 1982 are estimated to be approximately $31,400 and further indicated that it is recommended that the funds be divided equally between the City street department and the police department for their normal operating expenses. Mayor Hinkle opened the public hearing. Mr. Jim LaRock expressed his agreement of the staff recommendation to the City Council. COUNCILMAN DUITSMAN MOVED. TO APPROVE THE CITY ADMINISTRATOR'S RECOMMENDATION TO DIVIDE THE CITY'S STREET DEPARTMENT AND THE CITY'S POLICE DEPARTMENT FOR THEIR NORMAL OPERATING EXPENSES. COUNCILMAN SCHULDT. SECONDED THE. MOTION. TIlE MOTION PASSED 4-0. 9. Elk Hills Drive Turn Lane Construction Councilman Toth indicated that he felt that the cost of constructing a turn lane at Elk Hills Drive should be assessed to the primary benefiting property of October 19. 1981 Page Four Barrington Place. After the comparison of bid prices from A.M. Johnson of $3,448.30 and H.B.H. Construction of $4,20~.60, it was the general concensus of the City Council that a turn lane not be constructed at this time. 10. Correction to RidgewoodEast Third Addition Plat The City Administrator indicated that a request from John Oliver and Associates had been made for a correction to.the Ridgewood East 3rd Addition Plat and further indicated that the request is only for Lot 4, Block 3, to make the lot line conform with an existing right-of-way line for Highway 169. COUNCILMAN DUITSHANMOVED TO APPROVE THE PLAT CORRECTION FOR LOT 4, BLOCK 3, RIDGEWOOD EAST 3RD ADDITION. COUNCILMAN SCHULDT SECONDED THE HOTION. THE MOTION PASSED 4-0. 11. Resolution Restricting Parking on School Street The City Administrator indicated that the resolution to restrict parking on at least one side of School Street is required by Minnesota Department of Transpor- tation because of the width of the proposed School Street project, and further indicated that the final plans for the proposed School Street project had been submitted to the Minnesota Department of Transportation. The City Administrator further indicated that the plan for the School Street project provides for no parking on both sides of the street, but as the Minnesota Department of Trans- portation only requires no parking on one side, the resolution reads as such. Mr. Terry Mauer of Consulting Engineers Diversified indicated that in order to have the Minnesota Department of Transportation approve the plans for the School Street project the resolution must be adopted. COUNCIU1AN SCHULDT MOVED TO ADOPT RESQLUTION8h45, A RESOLUTION RESTRICTING PARKING ON SCHOOL STREET. COUNCILMAN DUITSMAN. SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. 1982 Budget The City Administrator indicated that City Staff would provide tax levies proposed for calendar year 1982 for the special assessment funds and debt service funds with a comparison of the tax levies for 1981 to the City Council at the October 26, 1981 special meeting. Councilman Duitsman asked that the ratio between the urban and rural taxing districts be evaluated also. The City Administrator request.ed that the City Council discuss the increase in audit fees for the 1980 audit from the proposed $6,900 to the requested $8,500 from the City's auditing firm. Councilman Duitsman indicated that he had no problem with the increase in fees for 1980 and asked if the increase could be attributed to the special bond funds. It was the general concensus of the City Council to discuss the 1980 audit fees at the next City Council meeting. 13. Administra~or's Update A. Sanitary Sewer Interceptor October 19. 1981 Page Five Mr. Chuck Wilson of McCombs-Knutson and Associates. Inc.. was present to review the schedule of the project including the preparation of the assessment rolls, the review of the assessment rolls and the public hearing for the assessments. Mayor Hinkle asked if the project was to be completed by the completion date. Mr. Wilson indicated that the construction company would have to ask for an extension of the completion date. and further indicated that the streets were proposed to be completed by the end of October. General discussion was carried on regarding the preliminary assess- ment roll. the cost of the project and the engineering costs. The City Administrator suggested that the City Council review the preliminary assess- ment roll and consider it at their special City Council meeting. October 26. 1981. B. Industrial Park Sewer Laterals The City Administrator indicated that he had met with the Investor's Group. Mr. Chuck Wilson and representatives of Mo-Con to discuss the placement of the sewer lateral in the Industrial Park. and further indicated that it was the concensus of the group that the sewer lateral should remain as designed and be extended out to County Road 1. The City Administrator further indicated that an agreement between the Investor's Group and Mr. John Oliver would be forthcoming regarding payment of the extension of the lateral to County Road 1. C. Fire Truck Lawsuit The City Administrator indicated that the City has won the lawsuit regarding the sale of the fire truck. The City Administrator further indicated that the judge's ruling indicated that the City must act in the City's best interest. and that a city's request for bids are offers and not contracts. The City Administrator further indicated that unless Mr. Milleslage chooses to appeal the judge's decision. the case is closed. D. Radio Show The City Administrator indicated that Radio Station KTWN from Anoka is planning a radio show in Elk River from 11:00 to 12:00. Monday through Friday. in or near the location of the Sunshine-Depot, and further indicated that it is their intention to interview people about the the City of Elk River. 14. Check Register COUNCILMAN DUITSMAN MOVED TO APPROVE THE OCTOBER 19. 1981 CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Tentative Agenda The sale of the land on Highway #169 and the 1980 audit fees are tentatively scheduled for the November 2. 1981 City Council meeting. October 19, 1981 PageS:i;x There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED~ COUNCILMAN ENGSTROM SECONDED THE'MOTION~THEMOTIONPASSED 4-0. Respectfully Submitted, ~1!::dig~::iL Deputy City Clerk/Treasurer PB:dkk