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.
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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
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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
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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
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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
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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.