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02-25-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE .ELK RIVER PUBLIC LIBRARY February 25, 1980 Members Present: Mayor Madsen, Councilmembers Otto, Engstrom, Toth, and Duitsman Members Absent: None. 1. The meeting was called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Item l2C, real estate taxes for ment, were added to the agenda. 25, 1980, CITY COUNCIL AGENDA. PASSED 4-"0. Riverside Liquor, and Item 14, Library Board appoint- COUNCILMAN DUITSMAN MOVED APPROVAL OF THE FEBRUARY COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF THE FEBRUARY 4, 1980, CITY COUNCIL MEETING. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 4. Minutes COUNCILMAN ENGSTROM MOVED APPROVAL OF THE MINUTES OF THE FEBRUARY 8, 1980, CITY COUNCIL MEETING. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. The City Administrator indicated th~t the local Chrysler dealer a price less than the price from Bloomington Chrysler-Plymouth. police squad car was ordered from Bloomington Chrysler-Plymouth previously authorized by the City Council. could not quote Therefore, the in the amount 5. Open Mike A. Elaine Anderson questioned the availability of commuter bus service that was to service the Elk River area. The City Administrator indicated that the City Council had granted the request of Mr. Lorenz to operate the service, but had not heard from him since. Ms. Anderson suggested the Council contact the Metropolitan Transit Commission about a service out to Elk River. Mayor Madsen indicated that Elk River does not belong to the Metropolitan Council and further indicated that the Metropolitan Transit Commission services the Anoka area and suggested a service from Elk River to meet the Metropolitan Transit Commission in Anoka. Ms. Anderson felt that the residents of this area would prefer a direct route on the freeway to the Twin City area. Councilman Otto suggested the City Administrator investigate the possibility of commuter bus service by the Metropolitan Transit Commission to this area. B. Mr. John Dietz, Marlon Gliven, and Phil Johnson, representatives of the Softball Association, appeared before the Council regarding the scheduling of the ball fields by the Recreation Board. Mayor Madsen indicated a number of people had approached him regarding the use of the ball fields, and when he brought it before the Council, the Council felt it should be the responsibility of the Recreation. ~oard. Mr. Gliven indicated he felt the Softball Association was overlooked and stressed the money, time, and effort that the Association had put into the fields to improve and keep them maintained. The City Adminis- trator indicated that the City is growing and there is interest expressed in February 25, 1980 Page 2 other types of leagues, and further indicated that the scheduling of the fields by the City; namely, the Recreation Board should provide service to all interested. Councilman Otto indicated that the City Council had rec- commended that the Recreation Board try as mush as possible to schedule the fields for use by local teams. Councilman Otto also indicated that as the developments were platted, park land would be dedicated to the City for added recreational facilities. Mr. Gliven indicated that the bleachers at Derr Grupner Field were to be improved last year and questioned why they were not. He further questioned the availability of money for more parks and develop- ment. The City Administrator indicated the money budgeted for repairs was used as authorized .by the Council for other pertinent costs incurred by the City. Councilman Otto indicated the City had a sizable deficit and until the deficit is paid back by the money from taxes, certain progra1!lS .would have to be reduced. He further indicated that in succeeding years as the deficit was taken care of, something could be done as far as parks and recreation programs. Council- man Toth suggested that the Softball Association contact the Recreation Board and attempt to work together with them, and if problems develope, to again speak to the City Council. 6. Plans and Specifications for Orono Dam The City Attorney, Mr. Dave Sellergren, and the City Administrator presented the plans and specifications for the rehabilitation or the Orono dam to the City Council. The Administrator reviewed proposed plans regarding the dam's rehabili- tation and indicated major work elements to be accomplished in the project. The City Administrator explained that permits from the Department of Natural Resources and the Corps of Engineers had been applied for and that the DNR had verbally approved the permit for the work .on the dam. Mr. Sellergren suggested that construction not be started until the permits were approved. Mr. Sellergren explained that because federal money was involved, there were special procedures that had to be followed regarding the acquisition of easements for the construction. The Attorney indicated that appraisals would have to be done to determine a fair market value and an offer made to the respective landowners. The City Attorney further indicated he had certain problems with the legal matters of the contract and would make recommendations to the engineers for modification of the contract. Mr. Jack Klein of the Lake Orono Homeowners Association was present and made suggestions regarding traffic control, hazardous overhead power lines, and also suggested an alternate in the specifications of using pre-cast decking instead of cast-in-place concrete. The City Administrator indicated that he had spoken with the Elk River Municipal Utilities and that they would relocate their over~ head power lines. The City Administrator further suggested there not bea change in the decking specifications as this project was designed by the City's engineers and he felt that they were more experienced in the design and requirements of the decking. Councilman Toth asked if the project was still on schedule. The City Administrator indicated that he felt it was still on schedule and that advertise- ment for bids would be placed with a three to four week lead time for opening of the bids and awarding of the contract, and that construction could then start immediately. Councilman Engstrom asked if there was a start time included in the specifications. The City Administrator indicated that the specifications called for a completion date with penalties incurred if the date was not met. COUNCIL- MAN Or TO MOVED APPROVAL OF RESOLUTION 80-3 APPROVING PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF ORONO DAM SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY, AND TO AUTHORIZE ADVERTISEMENT FOR BIDS UNTIL APRIL I, 1980. COUNCILMAN TOTH SECONDED THE.MOTION. MOTION PASSED 4-0. Mr. Jack Klein asked how the project was to be paid for. Mayor Madsen indicated that bonds would be issued and the Elk River Municipal Utilities and the lake owners would be assessed a certain portion of the cost of the project. COUNCIL- February 25, 1980 Page 3 MAN DUITSMAN MOVED THE CITY ADMINISTRATOR CHECK WITH THE ENGINEERS ON THE FORM OF DECKING USED AND REPORT TO THE MAYOR P~IOR TO THE BID LETTING. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. Mr. Jack Klein suggested the matter of the decking be handled in a change order rather than prior to bid letting. 7. Bid Award for 2% Ton Dump Truck Mayor Madsen indicated that bids were received on the dump truck as follows: Superior Ford Odegard's Ford Blomquist International $18,716.00 19,440.00 21,445.00 The bid of Superior Ford, the low bidder, meets or exceeds the City's specifica- tions and has been recommended by the City's Street Superintendent. The City Street Superintendent determined that he needed three additional options at an additional cost of $77.54; for signal lights installed on top of the fenders, visab1e when snow plow is mounted; engine block heater, factory installed; and instrumentation package with tachometer, ampmeter, and oil pressure gauge. Mayor Madsen further indicated that this bid included everything but the plow and the wing. The City Administrator indicated that the City would purchase the plow and wing from an existing contract. Mayor Madsen indicated that the plow and wing would cost approximately $8,000.00. COUNCILMAN ENGSTROM MOVED TO AWARD THE BID FOR A 2% TON DUMP TRUCK TO SUPERIOR FORD AND AUTHORIZE THE ADDITIONAL $77.54 FOR THE THREE OPTIONS REQUESTED BY THE CITY'S STREET SUPERINTENDENT, AND TO AUTHORIZE THE PURCHASE OF A PLOW AND WING FROM AN EXISTING STATE CONTRACT. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 8. Environmental Assessment Worksheet for Tamarack Subdivision The City Administrator indicated the DNR, by way of the Environmental Quality Board, had conta~ted the City of Elk River requesting an environmental assessment of the Tamarack Subdivision to be performed prior to final approval of the subdivi- sion by the City Council. The Administrator further indicated the purpose of the environmental assessment worksheet is to determine if a full environmental impact statement is required. The City Administrator indicated City staff had recom- mended that a finding of negative declaration be made on the project; that is, City staff found the Tamarack Subdivision to have no impact upon the environment and is recommending that the Elk River City Council review the environmental assessment worksheet and make a negative declaration on the environmental impact of the Tamarack Subdivision. Mayor Madsen asked what the procedure was if the Council made the negative declaration. The City Attorney, Dave Se11ergren, indicated the Environmental Quality Board generally agrees with the recommendation of the City and, therefore, probably would not require an environmental impact statement. COUNCILMAN DUITSMAN MOVED TO CONCUR WITH THE CITY STAFF FINDING OF A NEGATIVE DECLARATION ON THE ENVIRONMENTAL IMPACT OF THE TAMARACK SUBDIVISION. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4~0. 9. Lease and Improvement of Contract Parking Lot The City Administrator indicated the Elk River Retailers' Association supported the creation of additional contract parking by way of leasing an additional 350 feet from the Burlington Northern Railroad and expressed their desire to eliminate all contract parking in the municipal lot. The City Administrator further indicated the association had considered $75 per space reasonable and included this number in their motion. The City Administrator indicated that over a two year period February 25, 1980 Page 4 this fee would recoup the expenses of the lease and the grading and blacktopping of the lot. COUNCILMAN DUITSMAN MOVEPAPPROVAL OF ORDINANCE 80-2 AMENDING ORnINANCK NO. 17.06BTOELIMINATE CONTRACT PARKING IN THE MUNICIPAL LOT UPON CONSTRUCTION OF ADDED CONTRACT PARKING AND TO LEASE SPACES IN THE PARKING LOT ALONG THE BURLINGTON NORTHERN RAILROAD AT A RATE OF $75 PER SPACE PER YEAR. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4~0. 10. Resignation of Chief of Police and advertising for new chief COUNCILMAN DUITSMAN MOVED TO ACCEPT THE RESIGNATION OF THE POLICE CHIEF, JOE ZERWAS,. EFFECTIVE FEBRUARY 15., 1980. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED.4~O. Mayor Madsen indicated the City Administrator had recommended the following quali- fications for a new Police Chief: 1. The Chief should be a certified Police Officer in the state of Minnesota. 2. The Chief should have a m1n1mum of five years experience in any Police Department. 3. The Chief should have some supervisory experience, preferably in a Police Department. 4. The Chief should have a minimum of a high school degree and preferably a two year degree in criminal justice or other law enforcement related areas. Some discussion was carried on regarding the two year degree as a requirement and the concensus was to not make it a requirement but to consider it preferable. The City Administrator indicated he felt it was preferable to advertise for three to four weeks, to include advertisements in the League magazine and the Police Chief magazine. COUNCILMAN OTTO MOVED APPROVAL OF ADVERTISEMENT FOR A POLICE CHIEF IN THE LOCAL PAPERS, MINNEAPOLIS PAPER, THE LEAGUE MAGAZINE AND THE POLICE CHIEF MAGAZINE. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. The City Administrator indicated that there was interest among present Police Department members in applying for the Chief's position and suggested the City Council authorize him to review applications and inform the Council if an acceptable candidate existed in the department prior to advertising for the position. Councilman Toth suggested all applicants go through the same process and to pro- ceed with advertisement for a chief. Councilman Otto asked what procedure would be followed i.n selection of a Police Chief. The City Administrator suggested the procedure of the City Administrator accepting and reviewing applications and selecting four or five for personal interviews and to then make a recommenda- tion to the Council. Councilman Otto suggested that the City Administrator make two recommendations to the City Council for selection. COUNCILMAN DUITSMAN MOVED THAT EACH COUNCILMEMBER SEE ALL APPLICATIONS AND MAKE THEIR RECOMMENDATION FOR THE POLICE CHIEF. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 3-1. COUNCILMAN OTTO OPPOSED. Councilman Otto expressed his opinion that the review of the applicants was the City Administrator's job, not the City Council's and that the City Administrator should make the recommendation. COUNCILMAN ENGSTROM MOVED THE PUBLIC SAFETY COM- MITTEETOREVIEW AND SCREEN THE APPLICANTS AND MAKE A RECOMMENDATION TO THE CITY' COUNCIL. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-1. COUNCIL- MAN.OTTO OPPOSED. Mayor Madsen questioned the procedure in hiring the other police officer. The City Administrator indicated the normal procedure would be to have the written test, an agility test, a psychological test and a personal interview.. Mayor Madsen asked if there were any shortcuts in the process of hiring an officer. The City Administrator indicated that the agility test and the written test could possibly be eliminated, but he strongly felt the psychological test and personal interview were necessary. Mayor Madsen suggested advertising for a police officer as soon as possible. February 25. 1980 Page 5 ~ 11. Resolution designating a responsible authority The City Administrator indicated effective January 1, 1980, all government data collected, created, received, maintained or disseminated by any City is public unless classified by a State statute and, therefore, a responsible authority must be designated to administer the requirements for collection and storage and use of data on individuals, government data and summary data within the City. COUNCILMAN OTTO MOVED ADOPTION OF RESOLUTION 80-2, NAMING THE CITY CLERK AS THE RESPONSIBLE AUTHORITY FOR THE CITY OF ELK RIVER. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 2~0. 2 ABSTENTIONS. 12. Administrator's Update A. Otsego Town Board meeting regarding fire contract The City Administrator indicated he had attended the Otsego Town Board meeting and asked that the Town Board accept the fire contract billing as 1 mill of the assessed valuation instead of the flat fee of $1,500.00. This would mean approximately $4,600.00 as the fire contract price for the Otsego Township. The Otsego Town Board indicated that they would discuss it at their annual meeting on March 12 and get back to the City Administrator. B. Informal meeting with the Downtown Development Committee The City Administrator indicated that a meeting had been scheduled between the City Council and the Downtown Development Committee for 7:30 p.m. Thursday, February 28, in the First National Bank Community Room. C. Real estate taxes for Riverside Liquors Mayor Madsen indicated that Riverside Liquors had received a real estate tax bill from the County and that there was a misunderstanding of the fact that they were responsible for real estate taxes. The City Attorney, Dave Sellergren, explained that under the real estate section of the tax statute under normal tax exempt property the assessor can apply a real estate tax for non-exempt property use. Discussion was carried on as to the negotiation of the lease between Riverside Liquors and the City of Elk River and why the tax was not addressed to in the lease. Attorney Dave Sellergren indicated he felt there was a basic misunderstanding of the law.and that the only possibilities were to renegotiate the lease or if Riverside Liquors did not pay the taxes they would be in default of the lease. Councilman Otto suggested some negotiation be done between Riverside Liquors and the City as he felt there was a mutual misunderstanding between the lessee and lessor. Councilman Toth indicated negotiation was not possible as the City was not responsible for the taxes and that Riverside Liquors would either have to pay the taxes, renegotiate the contract or be in default of the lease by not paying the taxes. MayorMadsen suggested the City Administrator meet with Barney Gustafson of Riverside Liquors and point out the facts regarding the real estate taxes. COUNCILMAN ENGSTROM MOVED THAT THE LESSEE PAY THE REAL ESTATE TAXES. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 13. Check Register COUNCILMAN OTTO MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. February 25, 1980 Page 6 " Library Board Appointment COUNCILMAN OTTO MOVED TO APPOINT JANE THOMSON TO THE LIBRARY BOARD. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4~0. 14. Tentative Agenda A report regarding Barney Gustafson from Riverside Liquors and an update on the dam contract are item tentatively scheduled for the March 3, 1980, City Council agenda. There being no further business, COUNCILMAN TOTHMOVED THE MEETING BE ADJOURNED. COUNCILMAN OTTO, SECONDED THE MOTION . MOTION PASSED 4~O. Respectfully Submitted, , 0-411:0 i3~~ Phyllis Boedigheimer Deputy City Clerk/Treasurer adb