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04-05-1982 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY APRIL 5, 1982 Members Present: Mayor Hinkle, Counci1members Schuldt, Engstrom, Duitsman and Toth Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Item 5~ - Bid Award for Fire Department Equipment Support Vehicle, Item 9~ - Compre- hensive Water Study, Item 10~ - Purchase of Used Pickup Truck for Sewer Department, and Item 11~ - Purchase of Property for Utilities Substation, were added to the April 5, 1982 City Council Agenda. COUNCILMAN TOTH MOVED APPROVAL OF THE APRIL 5,1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN ENGSTROM MOVED TO APPROVE THE MINUTES OF THE MARCH 15, 1982 CITY COUNCIL MEETING. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Wally Fox appeared before the City Council questioning the nonrenewa1 of a 3.2 per- cent non-intoxicating malt liquor license to Houle Oil. Councilman Toth indicated that in order for the City Council to refuse issuance of a 1icens~ they must have a reason or a policy to do so; therefore, the City Council adopted a resolution de- claring the City's policy for issuance of non-intoxicating ~a1t liquor off-sale li- censes to gas stations and convenience stores. Wally Fox indicated that if the Council's adoption of the resolution was an intent to eliminate drinking and driving, the City was defying its own policy by selling liquor at a store located on a major highway and further indicated that the store was located on the highway for the convenience of driving customers. Mr. Fox indi- cated that he could not understand the refusal of the issuance of 3.2 percent beer licenses to gas stations and gas station/convenience stores when the 3.2 beer can be purchased at a grocery store and the public must drive to the grocery store. Mayor Hinkle indicated that 16 year olds can work at a gas station and therefore, could possibly sell the 3.2 beer and yet they are not able to work at the liquor store. Mr. Gene Scribner indicated that 16 year olds do work at grocery stores. Councilman Toth indicated that there is a problem area within the area of the Food-n- Fuel service store and therefore, wanted to prohibit the sale of 3.2 beer in that area. Mr. Fox indicated that 3.2 beer is sold only two blocks away at the grocery store. City Council Minutes April 5, 1982 Page Two 5. Supplementary Assessment for Orono Dam Rehabilitation - Public Hearing Mayor Hinkle indicated that Viva and Jean Jude of 1844 Main Street, brought to the attention of the City that they own property on Lake Orono and were not assessed as part of the original assessment for the Orono Dam rehabilitation costs. Mayor Hinkle further indicated that the appropriate cost to be assessed to the Jude property is $567.69. Mayor Hinkle opened the public hearing to the public for comment. No comments or opposition was recorded. COUNCILMAN DUITSMAN MOVED TO APPROVE THE SUPPLEMENTARY ASSESSMENT FOR VIVA AND JEAN JUDE AT 1844 MAIN STREET IN THE AMOUNT. OF $567.69. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 5~. Bid Award for Fire Department Equipment Support Vehicle Mayor Hinkle indicated that the City of Elk River received two bids for the Fire De- partment equipment support vehicle. One from Garwood Twin Cities Truck Equipment, in the amount of $32,118.00 and one from Advance Ambulance and Equipment Sales in the amount of $19,775.00. Mayor Hinkle further indicated that the Fire Chief, Russ Anderson, was present to answer any questions the Council may have regarding the ve- hicle. Mr. Russ Anderson indicated that the truck bid by Advance Ambulance Equipment Sales fit the specifications and that the Fire Department recommended awarding the bid to Advance Ambulance and Equipment Sales. Mr. Anderson further indicated that the Fire Department would provide additional equipment for the vehicle totalling $3,635.00. Mr. Anderson further indicated that the truck would be available to the City in approximately 1 week and that it would take two weeks for the Fire De- partment to complete their installation of the additional equipment. Mr. Anderson further indicated that a radio was needed for the vehicle for a cost of $1,248.00 and asked the City Council for approval of the purchase of the radio. Councilman Duitsman questioned the possibility of bonding for the equipment. The City Admin- istrator indicated that it was anticipated that the City would sell bonds for equip- ment purchased which would include the Fire Department vehicle. COUNCILMAN DUITSMAN MOVED TO AWARD THE BID FOR THE EMERGENCY TYPE III VEHICLE TO ADVANCE AMBULANCE AND EQUIPMENT SALES , INC. IN THE AMOUNT OF $19,775.00. COUNCIL- MAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PURCHASE OF RADIO EQUIPMENT FOR THE EMERGEN- CY TYPE III VEHICLE IN THE AMOUNT OF $1,248.00. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN TOTH MOVED TO SPECIFIClUlX INCLUDE THE RADIO EQUIPMENT COSTS IN THE TOTAL PACKAGE OF THE EQUIPMENT COST TO BE BONDED. COUNCILMAN DUITSMAN SECONDED THE MO- TION. THE MOTION PASSED 4-0. 6. Assessment of Improvement Costs for Barthel PUD and General Policy for Assessment of Improvement Costs The City Administrator indicated that the City, at the present time, does not have City Council Minutes April 5, 1982 Page Three a policy on the constructing and assessing of costs for improvements and therefore, the City staff is asking the Council for guidance regarding such policy. The City Administrator further indicated that as Mr. Barthel and his development team have questioned the public improvements and how they are to be installed in the Barthel PUD, the City Council should review policy options regarding the construction and assessment of improvements. The City Administrator further indicated that whatever policy the City Council chooses will affect the growth of the City, as municipal bonding is a more attractive means of financing. Mr. Marlin Hutchinson, representative of the Barthel's development project, indi- cated that they are having a problem determining the costs to be assessed to each parcel in terms of water, sewer and streets, and further indicated that they have received estimates from the City's engineers which indicates that improvements to the project could be very costly, and therefore, they are asking the City of Elk River to consider a tax increment program. Mr. Hutchinson further indicated that Mr. Ed Tschida, of Professional Planning and Development Company, was present to make a presentation to the City Council regarding tax increment financing. Mr. Tschida indicated that a proposal of tax increment financing is suggested for the Barthel development because of the constraints of high financial costs. Mr. Tschida indicated that the shopping center could be' viewed as a cornerstone of the planned unit development and that construction of the shopping center would promote growth for the rest of the project. Mr. Tschida indicated that Minnesota Statute, Chapter 273, the Minnesota Tax Increment Financing Act, is a tool availJ.ablle:~cotc:ities. to assist in local economic development, and further indicated that streets, sewer and water improvements are allowed in this financing act. Mr. Tschida indicated that the project would consist of establishing a development district pursuant to Minnesota Chapter 472.A. for the shopping center. Mr. Tschida indicated that a tax increment financing plan would be a highly structured legal agreement which would involve public meetings of both the school board and the County, and that the City must approve the plan as well as its bond counciL Mr. Tschida indicated that the develope~ would pay the cost of the plan and that the proposed plan would not pro- , ject any inflation or increase in property value. He further indicated that the developer would submit a binding assessment agreement which would eliminate the City's risk in paying for the bonds from general revenues, and further indicated that the economic development district would not be for more than a ten year period as per state law. Mr. Tschida indicated that parcel A of the planned unit develop- ment planned for the shopping center is the area proposed for the tax increment dis- trict. Mr. Tschida further indicated that the developmnet of parcel A would facil- itate the rest of the planned unit development and also would create jobs and sales tax and other benefits to the community. Councilman Duitsman asked if there was security for the City other than the asses- sment agreement should the project fail. The City Administrator indicated that the planned unit development across the street from the proposed Barthel planned unit development had project costs of approximately $200,000 which were assessed to the parcels in the development. The City Administra- tor questioned the tax increment financing plan versus the City simply agreeing to bond for the project improvements. Mr. Hutchinson indicated that the improvement costs are very costly and that they are looking for a better way to finance the project. 1 City Council Minutes April 5, 1982 Page Four The City Administrator suggested that the Council review the proposal for a tax increment district for the Barthel planned unit development and further indicated that he would also review the proposal with the bond counsel and make a recommenda- tion to the City Council at a later date. Councilman Toth questioned the time schedule of the project. Mr. Tschida indicated that the Barthel development group would like some information back from the City Council within 30 to 60 days. Mr. Hutchinson indicated that they would be appear- ing at the May meeting for approval of the planned unit development and would like some information from the City Council at that time regarding the improvement costs for the project. Laura Manske from Barthe13 indicated that they were continuing to progress with the leasing arrangements but if a negative cash flow is projected, the project may not go. Cliff Lundberg indicated that the plan could include construction of utilities out- side of the district. The City Administrator further explained that new legislation does allow for util- ities improvement costs as eligible costs outside of the tax increment district. Mr. Murray Mills questioned whether downtown owners would be eligible for a tax in- crement district. The City Administrator indicated that each small business may be too small to actually create a tax increment district of its own. Mr. Mills indi- cated that the Barthel problem has notcome up over night and asked why all of a sudden the project cannot go as proposed. Mr. Hutchinson indicated that the asses- ment costs for improvements are more than anticipated which raises the leasing costs and then they are not competitve with other communities. Ms. Elaine Anderson suggested that the City of Elk River contact the City of Prince- ton regarding their downtown development project for information regarding City in- volvement in financing of development projects. Mayor Hinkle requested that City staff research the proposal of a tax increment fi- nancing project for the Barthel planned unit development and provide the City Coun- cil with such information. Councilman Duitsman indicated that he would appreciate feedback from the community regarding the establishment of a policy by the City for the construction and asses- sment of improvements. Mayor Hinkle asked that the city newspaper contact City staff for information regarding policy options for the construction and assessment of improvement costs. It was the general concensus of the City Council that City staff would provide to the City Council information regarding the establishment of a tax increment district for the Barthel planned unit development. 7. HRA Redevelopment Plan Mayor Hinkle introduced Mr. Don Schumacher, Chairman of the Housing and Redevelop- ment Authority, to the City Council and the audience. Mr. Don Schumacher reviewed the history prior to the forming of the HRA and the subsequent proposed redevelopment 1 City Council Minutes April 5, 1982 Page Five plan. Mr. Schumacher indicated that in 1979, the Chamber of Commerce sponsored a commercial study to review the downtown commercial district and to make recommen- dations to promote the downtown area and a shopping center. Mr. Schumacher in- dicated that a task force was then formed to implement a study, and through the task force the recommendation to form the Housing and Redevelopment Authority was made to the City Council. The Housing and Redevelopment Authority was established to provide the City with an agency to work with the business community and develop- ers to provide a commercial environment for the community of Elk River. Mr. Schu- macher indicated that in 1981, Zack Johnson Associates was retained to study the area and make a recommendation for a redevelopment plan for the City. Mr. Schu- macher indicated that the redevelopment plan is a long range plan and that the im- plementation of it depends entirely upon the private sector. Mr. Schumacher indi- cated that the City of Elk River is not in the business of redevelopment and that the owners and developers would be the implementors of the redevelopment plan. Mr. Schumacher further indicated that the City would be involved with the streets, sewer and water systems, and to help coordinate the redevelopment with the private sector. Mr. Schumacher then introduced Mr.Jerry Messman and Mr. Zack Johnson of Zack John- son Associates, to make a slide presentation of the redevelopment plan. Mr. Zack Johnson indicated that the redevelopment plan consisted of approximately a fifteen block area which includes the present downtown commercial zone, involving the area of Jackson to 6th Street, west to Fullerton Lumber, and east to the City Hall, and north of the grocery store approximately one block. Mr. Johnson indicated that the basic concept was to have a strong central area with offices, commercial space and perhaps some multi-family. Mr. Johnson indicated that the plans involved a focal point or entry to the downtown area with the area north of the tracks serving as a commercial service district. Mr. Johnson reviewed the general land use with sug- gested plans for specific parcels and an overall general plan of the total area. Mr. Johnson further indicated that it was recommended that the first priority in the redevelopment plan is to fill the uses along Main Street and the town square with the addition of a building on the other side of the proposed town square area and that the second priority.would then be to fill the outer edges of the town square area with office and multi-family as suggested in the plan. Mr. Johnson further expressed the need of the private sector and developers to be involved in the redevelopment plan. Mayor Hinkle then opened the public hearing to the audience. Mr. Neil Larson ques- tioned the possibility of tax increment financing for the development of the down- town area and asked what the City Council's policy was regarding tax increment fi- nancing. Mr. Neil Larson further questioned the Council regarding any active plans now in progress. Mr. Johnson indicated that the Housing and Redevelopment Authority is open to different financing tools of which tax increment financing or industrial revenue bonds could be considered, and further indicated that no formal plan has or is in progress at this time. Mr. Schumacher indicated that a tax increment plan must be of significant size as there are certain findings that must be provided in order for it to be designated as a tax increment district. Mr. Schumacher further indicated that not all projects would qualify for a tax increment district. Mr. Zack Johnson indicated that the City Council Minutes April 5. 1982 Page Six City would not implement any tax increment district without the private sector and private development. Mr. Conrad Johnson indicated that he felt not enough emphasis was placed on parking in the redevelopment plan. Mr. Zack Johnson indicated that the redevelopment plan has increased the parking in the downtown area from approximately 250 to 360 cars and that the specific buildings to be constructed would have their own design con- trols which would provide for on-site parking. Dr. McNair, officing at 616 Railroad Drive, expressed his utmost opposition to tpe redevelopment plan and to the suggested financing tools for developers to implement the plan. Dr. McNair asked that the City dismiss the planner and further requested that his part of site M on the proposed plan be removed from the development plan. Mr.Zack Johnson explained that the redevelopment plan was not a demolition plan and as development happened. the proposed redevelopment plan would be the guide, and further indicated that it was not the plan to put anyone out of business. Mr. Don Schumacher emphasized that the redevelopment plan was a long-range guide for redevelopment in the downtown area of the City. Mayor Hinkle further emphasized that the proposed redevelopment plan is a long-range guide for redevelopment and that it is possible that it may change as the economy dictates. Mr. Cliff Lundberg indicated that. the condemnation process that a city has the right to implement. must provide a fair market value .for the property plus moving expenses. Mr. Lundberg further indicated that he has an office in the redevelopment area and the redevelopment may cause him to move his office to another location which would cost more. Mr. Lundberg indicated that the City of Elk River needs more office space and by supporting the redevelopment plan. it would promote development for the com- munity. Mr. Gene Scribner indicated that he felt the redevelopment plan could not work with the existing properties and that the plan did not take into consideration the owners and people in the proposed area. Mr. Scribner further indicated that he felt the re- development plan would be great if the City did not exist. Mr. Gary Santwire indicated that he felt the redevelopment plan was a long-needed plan and that there was no need for the people to be concerned about the bulldozers coming in to demolish the downtown area. Mr. Santwire indicated that the City would be the same the next day and that the redevelopment plan was a long-range guide which would expand over many years. Mr. Rick Breezee, the City's building and zoning official. indicated that he had been requested by Mr. Harlan McGregor. of Standard Oil to express his opposition to the phasing out of service stations in the downtown area. Mr. Breezee further indicated that the Planning Commission has reviewed the redevelopment plan proposed by the HRA and has recommended adoption of the plan. The Planning Commission in- dicated there is a need for a redevelopment plan for the community. Mr. Dick Dorsey of Dick's Main Tap, questioned the condemnation process of a building. General discussion was carried on regarding the condemnation process. The City Ad- ministrator indicated that the condemnation was not the specific idea of the redevel- opment plan and that it is an expensive means for redevelopment. City Council Minutes April 5, 1982 Page Seven Mr. Gill Scribner asked if the plan was to increase business in the downtown area rather than the proposed shopping area on Highway #169. Mr. Scribner further in- dicated that he felt condominiums should be built along the river in the downtown area. Mr. Cliff Lundberg indicated that he felt there was a definite need for a re- vitalization of the downtown area and that the redevelopment plan is the first step in the improvement of the downtown. Mr. Lundberg indicated that other communities are competing with the City of Elk River and the downtown redevelopment would help increase the desire of people to stay in Elk River and as such, would benefit the whole community. Mr. Lundberg indicated that he felt the City and the community should move ahead as quickly as possible in the adoption of the plan and the re- development of the downtown community. Mr. Wally Fox indicated that he felt the plan submitted was basically the same plan presented to the Chamber of Commerce three years ago and why now, $8,000 later, it is presented for approval by the City Council. Mr. Schumacher indicated that the first study had a much broader base and that this redevelopment plan is specifically for the downtown area and much more complex in detail. Mr. Zack Johnson indicated that the concepts and the land use are basically the same but this redevelopment plan has gone two steps further and addressed specific uses for the specific areas. Mr. Rick Breezee indicated that he felt the majority of the people want something done as long as it is the next guy. Mr. Breezee indicated that it is a long range plan and that many things could change in the next ten years as the plan develops. Councilman Engstrom indicated that it is not the Council's intent to buy up businesses for the redevelopment plan. Councilman Engstrom indicated that he felt it is a good plan for the future and expressed his support of the plan. Councilman Schuldt indicated that he felt the City Council should adopt the redevelop- ment plan and proceed. Councilman Schuldt indicated that he is aware of the fact that parking is a problem in the downtown area and that buildings may have to be moved but the redevelopment plan is a guide and will be flexible to changing times. Councilman Schuldt further indicated that the redevelopment plan is a starting place. Councilman Duitsman indicated his support of the redevelopment plan and further in- dicated that the redevelopment plan is a guide and that the private sector will make the decision as to the implementation of the plan. Councilman Toth indicated that as a member of the City Council and a member of the Housing and Redevelopment Authority, he is fully aware of the amount of work that has gone into the development plan by the downtown people and the HRA committee. Councilman Toth indicated that is is an outline for the orderly growth of the downtown community. Councilman Toth further expressed his support of the redevelopment plan. Councilman Engstrom indicated that the plan has come through the "grass roots," the downtown businessmen, the task force, the Chamber of Commerce, and the members of the Housing and Redevelopment Authority and further expressed the fact that the redevelopment plan is a guide for the redevelopment of the downtown community. City Council Minutes April 5, 1982 Page Eight COUNCILMAN DUITSMAN MOVED TO APPROVE RESOLUTION 82-5, A RESOLUTION APPROVING A REDEVELOPMENT PLAN FOR THE CITY OF ELK RIVER AND MAKING CERTAIN FINDINGS REGARDING THE SAID PLANS. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Plaisted RezOne Request - Public Hearing The City Administrator indicated that Mr. John Plaisted is requesting a rezoning of his property bounded on the south by 205th Avenue, on the west by Proctor Avenue, on the north by 213th Avenue, and on the east by Highway #169, from the current classification of A-I to an 1-2 zone. The City Administrator further indicated that Mr. Plaisted's request for a rezoning is due to the fact that his ready-mix business is a nonconforming use in the agricultural zone and therefore, does not allow for expansion or enlargement of the operation. The City Administrator indicated that prior to the consolidation of the Elk River Township and the City of Elk River, Mr. Plaisted's property was rezoned by the County Board to a Medium Industrial classi- fication, and upon adoption of the City's land use map and zoning map in 1980, the property was changed to its present status of agricultural. The City Administrator indicated that the City staff agrees with Mr. Plaisted's reasoning that something should be done to alter the nonconforming status and to possibly permit some expanded industrial use of the property adjacent to the ready-mix plant, as the property is completely surrounded by land that will be mined for gravel for the next 25 to 30 years. The City Administrator further indicated that as in his memo of March 31st, explaining the Planning Commission's recommendation for the rezone request, the cor- rect vote would indicate that there is no clear concensus from the Planning Commis- sion as to whether the property should be rezoned or not. The City Administrator further indicated that as also stated in his memo of March 31, 1982, another solu- tion could be an amendment to the Zoning Ordinance which would allow conditional uses of mineral extraction, general excavation and related operations in an A-I zone. The City Administrator further indicated that it was a policy question of which the City Council would have to make a decision. Mayor Hinkle indicated that Cargill has approximately 1,000 acres of the industrial zoned land in the City of Elk River at the present time and further indicated that he felt that the City could use more industrial zoning. Mayor Hinkle opened the Public Hearing. Mr. Norm Lemmon expressed his opinion that he did not feel the property should be rezoned from A-I to 1-2, and furthe~ indicated that he felt that an amendment to the Ordinance allowing for a conditional use would be the way to control the develop- ment of the area. Mr. Don Lemmon indicated that he presently owns 12 acres in the area of the land to be rezoned and further expressed his desire to leave the zoning as is. Ms. Jan Anderson indicated that her house is across the street .from the proposed area to be rezoned and expressed her opinion that she did not want to see the whole Section 15 rezoned. Mr. Bruce Anderson indicated that he did not want the trees to be removed and that he did not want to look at a gravel pit out his front window. City Council Minutes April 5, 1982 Page Nine Mr. Plaisted indicated that when the plant is finished, the land will be landscaped, as that is a requirement of the mineral extraction license. Mr. Hinkle indicated that he did not foresee a problem with the rezone request. General discussion was carried on regarding the future plans and uses of the area and the need for sewer and water to service this area. Councilman Duitsman indicated that he felt that there was not enough 1-2 zoning in the City and therefore, was in favor of the rezone request by Mr. Plaisted. Council- man Schuldt indicated that he felt that the zoning should remain as is, as the option of a conditional use was available to permit Mr. Plaisted to continue with his busi- ness. Councilman Toth indicated that the property in the agricultural area is not taxed the same as industrial area and felt that the City does need the tax base. Councilman Schuldt indicated that he was not in favor of the rezone request for the following reasons: 1) It was a spot zoning request, again. 2) It would leave the door wide open for other rezone requests in the A...,l area. 3) The other option of a conditional use would satisfy the need. 4) As the mineral extraction wears out, time will express the need for that area. 5) The industrial zoned areas in the City are not presently filled in, therefore, there is plenty of vacant industrial land yet available. 6) If it is rezoned to 1-2, the City will not have control as to what hap- pens regarding industrial development in the area. 7) If the rezone request is granted, industry will be scattered at each end of the City. 8) The rezoning of the property would be in contrast to the City Council's policy of promoting orderly growth from within the City out. Councilman Engstrom asked what would stop the next person in the A-I area from re- ;z6ning to 1-2 as well. Councilman Duitsman indicated that he felt the Council wants to support businesses and that the City needs the industrial base. COUNCILMAN DUITSMAN MOVED TO APPROVE THE REZONE REQUEST. BY MR. JOHN.PLAISTED FOR HIS PROPERTY CURRENTLY ZONED A-1 TO AN 1-2 ZONE. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION FAILED 3..;.2. COUNCILMAN SCHULDT.AND COUNCILMAN ENGSTROM OPPOSED. Councilman Duitsman indicated that he felt the City Council should support current businesses in the community and denial of the rezone request did not provide that support. General discussion was carried on regarding the use of the land, the tax base increases, future use of the land after mineral extraction, and the controls the City may have for the property through a conditional use amendment to the ordinance. Councilman Engstrom indicated that he could see the advantages and disadvantages of the granting of the rezone request. Councilman Engstrom further indicated that he felt there was not enough 1-2 zoning in the City of Elk River but also expressed his concern of opening the door to other rezone requests in other agricultural zoned areas. After much discussion regarding the pros and cons of the rezoning of the specific area, COUNCILMAN ENGSTROM MOVED TO RECONSIDER THE REZONE REQUEST BY MR. PLAISTED. COUNCILMAN.DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3...,1. COUNCILMAN SCHULDT OPPOSED. city Council Minutes April 5, 1982 Page Ten COUNCILMAN DUITSMAN MOVED TO APPROVE THE REZONE REQUEST BY MR. JOHN PLAISTED FOR HIS PROPERTY FROM ITS CURRENT CLASSIFICATION OF AN A-1 ZONE TO AN 1-2 ZONE AND TO AMEND THE LAND USE MAP REFLECTING THE REZONING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMAN SCHULDT OPPOSED. 9. Maintenance and Scheduling of.the City's Softball Fields and 3.2 Termporary On-Sale Beer License for Elk River Softball Association The City Administrator indicated that the City has been approached by Mr. Reg Powell on behalf of Danceland to maintain the two City softball fields and operate the concessions during the week and during tournaments. The City Administrator further indicated that Mr. Powell's offer to provide the necessary maintenance for the two City softball fields including all necessary mowing, watering, dragging, lining, and other items for a fee of $2,500. The City Administrator further indicated that Mr. Powell has proposed to build an additional concession stand at Kuss Field and further indicated that Mr. Powell has reviewed his plans for the field maintenance and the concessions with the members of the Softball Association and that it is understood that the proposal is acceptable to the Association members. The City Administrator indicated that the Elk River Softball Association has applied for a 3.2 temporary on-sale beer license for the concession stands and further indicated that Mr. Powell has requested a number of weekends for his scheduled softball tourna- ments. Councilman Duitsman asked if Mr. Powell would have the equipment and manpower to maintain the fields as required. Mr. Marlon Glines, representative of the Softball Association, indicated that the Softball Association was going to share the cost of a riding mowe~ with Reg Powell to be used for the maintenance of the softball fields. Mr. Glines further indicated that he felt Mr. Powell could maintain the fields better than they have been done in the past by the City. Councilman Schuldt questioned the number of tournaments scheduled and asked if that allowed enough time for the general public to use the fields. General discussion was carried on rega;rding the use of the softball fields by local teams and ouside teams and the public use of the fields. Mr. Glines indicated that money from the Softball Association would be used for the lights for the fields and other miscellaneous repairs. Mayor Hinkle indicated that the City Administrator has recommended that a fee of $1,500 for maintenance of the fields and further indicated that the general public does not need the fields as well-maintained as the Softball Association does. Mr. Glines indicated that should a fee of $1,500 for maintenance be agreed upon, Mr. Powell would do less maintenance for that amount or ask the Softball Association for additional support. COUNCILMAN TOTH MOVED TO APPROVE THE CONCEPT OF THE MAINTENANCE OF THE SOFTBALL FIELDS AND THE OPERATION OF THE CONCESSION STANDS BY REG POWELL FORA FEE OF $2,000, AND TO APPROVE THE FOLLOWING DATES FOR SCHEDULED SOFTBALL TOURNAMENTS BY MR. POWELL : "APRIL 17 and 18, MAY 1 AND 2, MAY 22 AND 23, JUNE 12 AND 13, JUNE 26 AND 27, JULY 4, 5 AND 6, JULY 17 AND 18, JULY 31 AND AUGUST 1, AUGUST 14 AND 15, AUGUST 28 AND 29, SEPTEM- BER 11 AND 12, SEPTEMBER 25 AND 26. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMAN SCHULDT OPPOSED. 9~. Comprehensive Water Study Mr. Terry Mauer of Consulting Engineers Diversified, reviewed the process of a Com- prehensive Water Study for the City of Elk River. Mayor Hinkle questioned the cost City Council Minutes April 5, 1982 Page Eleven of the water study report. Mr. Mauer indicated that the report would cost from $10,000 to $12,000 which would be credited back against a water project and further indicated that a draft report would be available in approximately 6 weeks. COUNCILMAN TOTH MOVED TO APPROVE THE CONCEPT OF A COMPREHENSIVE WATER STUDY AND TO AUTHORIZE CONSULTING ENGINEERS DIVERSIFIED TO PROCEED WITH A REPORT. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Final Plat of Brutger Resubdivision and Vacation of Drainage Easement - Public Hearing The City Administrator indicated that the City Council granted preliminary plat approval to the Brutger Companies for a replat of Lots,S, 6 and 7, Block 1, Ridgewood East 2nd Addition, and further indicated that the Brutger Companies are now asking for final plat approval. The City Administrator further indicated that the Planning Commission considered the Brutger Companies' final plat at their March 22ndmeeting and unanimously granted approval. The City Administrator indicated that the final plat shows a 20-foot easement on the north portion of the property which when reviewed by City staff is found to be adequate for the City's utility needs, but at the present time, there is an existing 50-foot drainage easement. The City Administrator recommended that the City Council vacate the existing 50-foot ease- ment on Lots 5, 6, and 7, Block 1 in the Ridgewood East 2nd Addition as the 20-foot easement necessary is shown on the plat. COUNCILMAN SCHULDT MOVED TO APPROVE THE FINAL PLAT FOR THE BRUTGER COMPANIES IN RIDGEWOOD EAST SECOND ADDITION. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN SCHULDT MOVED TO APPROVE THE VACATION OF A 50-FOOT DRAINAGE EASEMENT ON THE NORTH PART OF LOTS 5, 6 AND 7, BLOCK 1, RIDGEWOOD EAST SECOND ADDITION. COUNCIL- MAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10~. Purchase of Used Pickup Truck for Sewer Department The City Administrator indicated that the Sewer Department is requesting approval of the purchase of a 1978 four-wheel. drive pickup truck for $3,400. The City Administra- tor further indicated that the January 1, 1982, fund balance for the Sewer fund is $32,638. The City Administrator indicated that projected revenues for 1982 are ap- proximately $121,000 and projected expenditures of $165,000. The City Administrator further indicated that with the sale of bond certificates for the jet machine and the clarifiers, the projected fund balance at the end of 1982 would be $28,000. Mr. Darrell Mack, Superintendent of the Wastewater Treatment Plant Facility, indica- ted that at the present time the City does not have a truck capable of pulling the jet machine for cleaning sewers. Mr. Mack further indicated thata.four-wheel drive truck would be an asset to the City in other departments as well. Mr. Mack indicated that he had looked at the truck and that he felt that the truck is in good condition and worth the asking price of $3,400. COUNCILMAN TOTH MOVED TO APPROVE THE PURCHASE OF A 1978 DODGE FOUR-WHELL DRIVE PICK- UP TRUCK IN THE AMOUNT OF $3,400. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes April 5, 1982 Page Twelve Mr. Edson Stansfield, Superintendent of the Elk River Municipal Utilities, asked the City Council for approval of reviewing the Water Department unit charges and connection ,charges and make a recommendation to the City Utilities Commission. It was the general consensus of the City Council to authorize Mr. Stansfield to up- date the charges in the Water Department. 11. Write-Off of Bad Checks for Municipal Liquor Store COUNCILMAN DUITSMAN MOVED TO APPROVE THE WRITE-OFF OF $306.76 OF BAD CHECKS FOR THE MUNICIPAL LIQUOR STORE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Duitsman suggested that the Liquor Store post a list of bad checks for the store employees. 11~. Purchase of Property for Utilities Sub-Station Mr. Edson Stansfield, Superintendent of the Elk River Municipal Utilities, asked approval of the City Council to purchase approximately 16 acres for the construction of a transformer. Mr. Stansfield indicated that the price of the property is $55,500 and further indicated that the property is between the Burlington Northern railroad line, County Road 1 and adjacent to the sewer interceptor. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PURCHASE OF APPROXIMATELY 16 ACRES OF PROP- ERTY BY THE ELK RIVER MUNICIPAL UTILITIES FOR THE CONSTRUCTION OF A TRANSFORMER. COUNCILMAN TOTH SECONDED THE MOTlON. THE MOTION PASSED 4-0. 12. AdministratQr's Update A. City Code The City Administrator indicated that the City Code is completed and that a public hearing is scheduled for the May 3rd City Council meeting. The City Administra- further suggested that the City Council meet and review the final draft prior to the May 3rd City Council meeting. B. Peterson Addition The City Administrator indicated that the City has received an order from Judge John S. Dablo ordering the City to comply with the court decision issued Decem- ber of 1980 regarding the reassessments of the improvement costs for the Peterson Addition. The City Administrator further indicated that all of the City's options are closed reg~rding the assessment of the costs for the railroad cross- ing, as a bill before the Legislature did not pass and the Legislature is not it session. The City Administrator further indicated that he discussed the closing of the crossing and the salvaging of the signals with the Burlington Northern Railroad and further indicated that the Burlington Northern Railroad would pay 50% of the salvage cost and would charge 1/2 of the cost to the City to remove the crossing. The City Administrator further indicated that he would review the order from Judge Dablo with the City Attorney and set up specific dates for the reassessment process. City Council Minutes April 5, 1982 Page Thirteen 13. Check Register COUNCILMAN TOTH MOVED TO APPROVE THE APRIL 5, 1982 CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Tentative Agenda Custom Motors Conditional Use Permit and Max Maue Conditional Use Permit are items tentatively scheduled for the April 19th, 1982 City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, 0-4JL iJ~7k~ Phy11is Boedigheimer Deputy City Clerk/Treasurer PB:dkk