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04-07-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY April 7, 1980 Members Present: Mayor Madsen, Councilmembers Otto, Toth, Duitsman. Members Absent: Councilman Engstrom. 1. The meeting was called to order at 7:30 p.m. by Mayor Madsen. 2 . Agenda Item 13~, snow plowing, and item 13~, building fees, were added to the agenda. COUNCILMAN OTTO MOVED APPROVAL OF THE APRIL 7, 1980, CITY COUNCIL AGENDA. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-0. 3. Minutes COUNCILMAN OTTO MOVED APPROVAL OF THE MINUTES OF THE MARCH l7, 1980, CITY COUNCIL MEETING., COUN(}'FLMAN TOTE SECONDED. THE MOTION. MOTION PASSED 3-0. ., 4. Open Mike Mr. Gary Rohling of 817 Gates Avenue, adjoining Tot Park~ appeared to ask what is happ~ning with Tot Park and to request the removal of the wood pile in Tot Park. Mayor Madsen indicated it was almost impossible to get rid of Tot Park by deeding it back to the individual land owners. Councilman Toth asked Mr. Rohling if he felt the owners would accept the property. Mr. Rohling indicated he would object to the City disposing of the park. COUNCILMAN DUITSMAN MOVED TO REQUEST MR. BLEYHL TO REMOVE HIS WOOD PILE FROM TOT PARK. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-0. 5. First National Bal1k Downtown Parking Mr. Bud Houlton of the First National Bank appeared before the City Council requesting help in the alleviation of the traffic congestion problem downtown, particularly Friday night and Saturday morning. Mr. Houlton indicated that the bank had previously been using off-duty police. Mr. Houlton further indi- cated he felt the bank had one of three options: 1. To let the problem exist by doing nothing; 2. To hire their own people as security and safety officers; 3. To hire City police or reserves through the City to direct traffic and provide security. Mr. Houlton indicated there would be a problem hiring their own people because of the authority they might be able to exercise on City property. Mayor Madsen indicated there was the possibility of working ,out a solution to the problem by the City establishing a fee to cover the cost of the officers and billing the bank for their services. The City Administrator indicated that the workmen's compensation insurance was a problem and would have to be considered in the fee. Mayor Madsen suggested the City Administrator work out a cost per hour which would include the base plus workmen's compensa- tion and other applicable insurance for the police service. COUNCILMAN TOTH MOVED TO DIRECT THE CITY ADMINISTRATOR TO DETERMINE THE NECESSARY COSTS TO PROVIDE THE SERVICE AND TO THEN INFORM THE FIRST NATIONAL BANK OF THE FEE AND ENTER INTO AN AGREEMENT WITH THEM AND OTHER INTERESTED BUSINESSES IN THE CITY. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-0. April 7, 1980 Page 2 ~ 6. Tentative Approval of VanValkenburg Liquor License Mayor Madsen indicated Mr. Rob VanValkenburg has applied for a liquor license to operate a peanut bar and restaurant in a location currently utilized by Barney's Cafe and The Carousel. The City Administrator indicated there were currently .four ~iquor licenses issued with a minimum of six available and possibly seven. Mayor Madsen indicated the liquor commission has authorized eight available licenses and further indicated there is a bill before the Legisla- ture to eliminate the liquor commission's jurisdiction over the amount of licenses issued. in a municipality and that it would be the local municipality's decision. Councilman Toth asked if Mr. VanValkenburg could foresee a parking ~rob1emwith his establishment downtown. Mr. VanValkenburg indicated he did not foresee a problem much worse than existed right now. The City Administra- tor indicated Mr. VanValkenburg was asking for tentative approval at this time and further indicated the City had done the necessary background check and recommended the Elk River City Council grant tentative approval of the liquor license. COUNCILMAN OTTO MOVED THE CITY COUNCIL GRANT TENTATIVE APPROVAL OF THE LIQUOR LICENSE REQUEST BY MR. ROB VANVALKENBUR~. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-0. 7. Planning Commission Recommendation The City Administrator indtcated that the Planning Commission had recommended the continuance of Mr. Zack Johnson's contract for planning services and an investigation by the City into an east-west crosstown road. Mr. Wally Fox indicated that it was the concensus of the Planning Commission that the town did have a need for another east-west road and the suggested route between Vandenburg, Junior High and the new Salk Junior High was the best alternative without the purchasing of a10t of land. Mayor Madsen indicated he felt there was a need but he also understood the School Board's opposition and felt that any plans should be agreeable to the School Board. Mayor Madsen also indicated that Highland R,oad was laid out by the engineers as a major east-west street, as well as School Street, and furth~r indicated that School Street might be improved fo a three or more land street. Mr. Fox indicated the Connnunity Development Director's suggestion of the east-west highway would continue to Highway 1fMi9 with an interchange. Mayor Madsen indicated the City Council was.- open to the reconnnendation for planning of an east-west highway and suggested ~Qrking with the School Board on an acceptable solution. The City Administrator indicated the planning could PQssib1y fall under the HUD 701 planning grant application. 8. Zack Johnson Contract The City Administrator indicated Mr. Johnson's new contract would provide for approximately a SOc per hour increase over the fee charged for his services by Mateffy Engineering, and further indicated this increase was not unreasonable. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE AGREEMENT FOR PLANNING SERVICES BETWEEN ZACK.JOHNSON AND THE CITY OF ELK RIVER. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 9. ~vergreen Terrace Addition Final Plat Mayor Madsen indicated the Planning Commission had unanimously approved the final plat of the Evergreen Terrace Addition. Councilman Toth asked if any lot size changes had been made. The City Administrator indicated the Planning April 7. 1980 Page 3 ~ Commission had recommended chang~s on the first preliminary plat, which was done. The City Administrator further indicated that City staff agreed with the recommendation from the Planning Commission that only lot 3 of the plat is to have ingress and egress onto 192nd Street and that all other lots, including lots 1 and 2, would have excess onto Island View Drive only. Mayor Madsen indicated his concern that the recommendation. of the Planning Commission be made a part of the plat. The City Administrator indicated that the recom- mendation of the Planning Commission could be included on the plat , or ano~her document stating the recommendation could be recorded with the plat. COUNCIL- MAN DUITSMAN MOVED APPROVAL OF THE EVERGREEN TERRACE ADDITION FINAL PLAT WITH THE CONDITION THAT ONLY LOT 3 OF THE PLAT IS TO HAVE INGRESS AND EGRESS TO 192ND STREET. eCOUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0~ 10. Orono Dam Gate Contract Bid Award Mayor Madsen indicated that ~rmco was the low bidder on the radial gates, but would not be able to meet the contract date for the electric operators for the gates. The City Administrator indicated a change order was prepared stating that temporary manual operator hoists would be supplied until electric operator hoists could be delivered, with an estimated delivery date of 38 weeks after engineers review.of the shop drawings. Councilman Toth asked if there was a guarantee to receive the electric operators. The City Administrator indicated the change order was this guarantee and that the operators were specially designed for this project. The City Administrator further indicated the history with the manufacturer of the operators is that they are usually within their projected due date, which in this case is 38 weeks. Councilman Otto asked if there was a problem with the percentage ho1dbacks on the project. The City Administrator indicated Armco agreed to retainage of approximately $16,000 which consists of.a percentage on the project as well as the cost of the electric operators. COUNCILMAN TOTH MOVED APPROVAL OF THE RADIAL GATES CON- TRACT AWARD TO ARMCO. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 3-0. COUNCILMAN TOTH MOVED APPROVAL OF CHANGE ORDER #1 TO THE CONTRACT FOR THE PUR- CHASE OF THE RADIAL GATES AND ACCESSORIES. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTIO~ PASSED 3~0. 11. HUD 701 Planning Grant The City Administrator informed the City Council that Mr. Zack Johnson indicated it may be possible for the City of Elk River tdapp1y for a capital improvement study grant and a downtown development study grant either in part or in whole under a HUD 701 grant. Mayor Madsen asked if the application should be for one or both of the projects. The City Administrator indicated that the City should possibly apply for one grant to encompass both projects, unless HUD indicated that a combined application might jeopardize one or the other proposed project. Mayor Madsen indicated he preferred the downtown development study as a priority if one of the projects would have to be selected for the grant application. Councilman Duitsman asked if the City would have to contract Za.ck Johnson for the City's input or could the City staff provide the informa- tion necessary. The City Administrator indicated that the City staff could provide. the information with input from Zack Johnson. Mayor Madsen. asked if the local share of the funds could be provided by in-house work on the planning project. The City Administrator indicated that a great deal of the local share that is necessary could be provided by City staff as in-kind match. The City Administrator asked for theCit:y Council's approval to proceed with the grant April 7, 1980 Page 4 ~ application. Mayor Madsen directed the City Administrator to proceed with the grant application and indicated that it was the concensus of the Council to consider the downtown development study as the priority should the planning grant not encompass both the capital improvement study and the downtown develop- ment study. 12. LAWCON Grant The City Administrator indicated the Minnesota State Planning Agency is rece1v1ng 1980 applications for LAWCON funding, a program intended to assist municipalities in developing basic facilities for park and outdoor recreation purposes. The City Administrator further indicated the City must complete a five year park plan as part of the application for LAWCON funding. Councilman Toth asked if this grant was for development of new parks only and expressed his concern that the City could not keep up with the maintenance of the parks the City already has. The City Administrator indicated there were two projects that might be pursued; one project involved a cooperative venture with the Elk River Lion's Club to create and develop a pa k on property. they hoped to acquire, known as the bog, lcoated between Highway 10 and School Street, and the other project the City might wish to pursue is the d velopment of the property already owned by the City of Elk River on County Roa 12. The City Administrator further indicated that the grant would allow f r construction of ballfields in current park sites. Councilman Otto indicated he was totally in favor of pursuing the grant for development of parks and suggested setting up a committee to see what the priorities of the City were. Mayor Madsen indicated he was totally in favor of pursuing the grants for de elopment of parks. Miss Elaine Anderson asked if the City would have to match he funds of the LAWCON grant. Mayor Madsen indicated the land would be mor than half of the total cost of the park development. Councilman Duitsman asked if the City could proceed with the application of the grant without the L'ons actually owning the land. The City Administrator indicated the City could proceed with applications for the grant as long as the intent for purchase of the land was established. Mayor Madsen indicated it was a general concensus of the Council to proceed with the LAWCON grant applications. 13. Administrator's Upda.te A. Board of Review The Board of Review meeting is set for May 13, 1980, at 7:30 p.m. at the courthouse. B. Joint Planning Commission and City Council meeting regarding land use plan. It was decided that a joint Planning Commission and City Council meeting would be held Monday, April 14, 1980, at 7:00 p.m. C. Orono Dam The City Administrator indicated that an addendum was issued to the City's existing dam contract which would require the dam general contractor to arrange for movement of the electrical transmission lines over the dam. The City Administrator further indicated that by adding the addendum to the contract, it would delay the bid opening until Friday, April 25, 1980. The City Administrator indicated that he and Jim Schneider, engineer of CH2M Hill, had met with Mrs. Nickerson regarding the wall to be constructed on her property and actions the City would undertake to make the wall more aesthetically pleasing. Councilman Otto asked if the City had communicated April 7, 1980 Page 5 ----, with the rest of her family. The City Administrator indicated that Mrs. Nickerson had been communicating with her son and daughter, and further indicated the City was waiting for Mrs. Nickerson to determine exactly what she wished to be done at the site. D. Agreement between Sherburne County Sheriff's Department and the Elk River Police Department The City Administrator indicated that the Sherburne County Board had turned down the proposed agreement between the Sheriff's Department and the City Police Department. Mayor Madsen indicated that the County turned down the agreement upon the recommendation of their County Attorney, and further indicated that as long as the departments were working together, an agree- ment was not necessary. E. Downtown Redevelopment Mayor Madsen indicated the downtown redevelopment would get a summary of the workshop from Rieke, Carroll, Muller Associates and Fisher Caughlin, and that they would be requesting the City to form a Housing and Redevelop- ment Authority. Councilman Duitsman asked if the closing of Jackson Place would solve the parking problem on a temporary basis. The City Administra- tor indicated with the new Burlington Northern parking lot that 23 more spaces would be available in the municipal parking lot, and this action should alleviate the situation. F. 1971 Audit Councilman Duitsman said that the public safety committee would be meeting on Wednesday, April 9, at 7:30 p.m., and at that time would discuss a finance committee meeting date and time. 13~. Snow Plowing Councilman Duitsman indicated he had received numerous complaints on the snow plowing at 201st Circle and the north road in Ridgewood East. The City Adminis- trator indicated that he had already discussed the snow plowing problems with the Stt~et Superintendent and further explained that the problem at 201st Circle was simply a mistake on the City's part and the problem on the north road in Ridgewood East was due to normal buildup of ice and snow, which was corrected by the City when the temperature permitted. 13\. Building Fees Councilman Duitsman asked if the normal rate was $48 to build a garage. The City Administrator indicated that the cost of a building permit was based on valuation determined by the building code. 14. Tentative agenda A recommendation for a Police Chief and the old 101 bridge update are items tentatively scheduled for the April 21, 1980, City Council meeting. 15. Check Register COUNCILMAN TOTH MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-0. April 7, 1980 Page 6 There being no further business, COUNCILMAN TOTH MOVED COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-0. Respectfully Submitted, {J~.-ek;~~ Phyllis Boedigheimer ~ Deputy ~ity Clerk/Treasurer ab MEETING BE ADJOURNED.