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04-21-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY April 21, 1980 1 Members Present: Mayor Mads~n, Councilmembers Otto, Toth, Engstrom, Duitsman. Members Absent: None. 1. The meeting was called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Item 10 D. Star Market Industrial Revenue Bonds, was added to the agenda. COUNCILMAN OTTO MOVED APPROVAL OF THE APRIL 21, 1980, CITY COUNCIL AGENDA. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF ~HE MINUTES OF THE APRIL 7, 1980, CITY COUNCIL MEETING. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 4. Open Mike Mr. Jim Hummel appeared before the City Council regarding the Las Vegas nights at Will's Place. Mr. Hummel explained the events prior to the receiving of the letter from the City of Elk River ordering the immediate discontinuation of the Las Vegas nights at Will's Place. Mr. Hummel indicated that he had made the downstairs of Will's Place available to various organizations for fund raising events. Mr. Hummel further indicated that it began with the Lion's Club and at that time he checked with the Police Department regarding the legality of the casino nights held by the non-profit organizations. Mr. Hummel indicated that the Police Department said the project was o.k. if Mr. Hummel and Will's Place were not involved. Mr. Hummel explained that the State Liquor Control Commission had notified him on Monday, April 7, 1980, that they had received a complaint regarding the Las Vegas nights held at wi-lIs Place. 'Mr.. Hummel returned the call to the Commission and they indi- cated there would be no immediate action but that the Bureau of Criminal Apprehension had been notified. Mr. Hummel then contacted the Bureau of Criminal Apprehension and was unable to speak with someone regarding the incident. Mr. Hummel indicated that on Thursday, April 10, the City Adminis- trator personally delivered a letter to him ordering the immediate stopping of the illegal gambling activities. The City Administrator indicated he had delivered a letter to Mr. Hummel at Will's Place advising him that the Minnesota Bureau of Criminal Apprehension, and the State Liquor Commission had advised the City of Elk River to put an immediate stop to the illegal gambling activities held at will's Place. The City Administrator further indicated that the only type of gambling permissible in the City of Elk River and in the State of Minnesota is authorized by State statute and subsequently by the City of Elk River ordinance which states "the only gambling allowed and licensed for are raffles and gambling devices known as paddle wheels and tip boards." The City Administrator further. indicated that the Bureau of Criminal Apprehension report was a confidential report and only available to law enforcement agencies. The City Administrator indicated the Public Safety Committee had a meeting on Wednesday, April 9, and advised the City Adminis- trator to send the letter to Mr. Hummel and to all other liquor license holders regarding the illegal gambling events held in the City of Elk River. The City Administrator indicated that the gambling held at Will's Place is April 21, 1980 Page Two ---, illegal by State statute and City ordinance. Mayor Madsen indicated that according to State statu es the gambling is illegal and there was no choice but to put a stop to it. Councilman Duitsman indicated that with one or two events held in the City uring the year, there were no complaints, but too many were scheduled and, therefore, a complaint was issued and the Public Safety Committee had no choice but to recommend the immediate stopping of the gambling events. Mayor Madsen indicated that an unidentified citizen had called the State Liquor Control Commission regarding the gambling events. Councilman Toth indicated that if the City had not stopped the gambling events. the State Liquor Control Commission would, and he further indicated he felt it was"best the City handled the situation. Mr. Hummel indicated he felt the matter should have been discussed with him. Mayor Madsen indicated that the gambling events taking place at Will's Place were illegal, against State statute and City ordinance, and, therefore, could not be allowed. 5. Downtown Development Task Force Recommendations Mr. Bud Houlton appeared before the Citv Council representing the Downtown Development Task Force and the Elk River Chamber of Commerce regarding the Downtown Development ~ask Force's recommendations. Mr. Hou~ton indicated that the Task Force had contracted Ffsher, Caughlin & Associates and Rieke, Carrol & Mu~ler as consultants for the downtown development, and further indicated after many meetings and a full one-day workshop the recommendations of the consultants and the Task Force were to the City Council that the City Council authorize a Housing and Redevelopment Authority and set up a tax increment district. Mayor Madsen indicated he had attended the meetings and the workshop and agreed with the Task Force recommendations to form an HRA and more forward with development" of the downtown area. Mayor Madsen further indicated the City Council should give whatever help necessary to the down- town development. Councilman Duitsman asked if plans were formulated as to what the Task Force wanted to do with the downtown area. Mr. Bud Houlton indicated that space was needed for a major anchor shopping center and an expansion of parking. Mr. Houlton further indicated that it was recom- mended by the Task Force that the City Council appoint two persons from the business cemmunity to serve on the board of the HRA. COUNCILMAN lJUI'l'SMAN MOVED TO AUTHORIZE THE CITY ADlVllNISTHATOR Tu BEGIN PREPARATION OF THE HOUSIl~G AND REDEVELOPMENT AUTHORITY DOCUMENTS AND TO INVESTIGATE FURTHER STEPS COMPLETION OF THE DOWNTOWN REDEVELOPMENT PROJECT AND REPORT BACK TO THE CITY COUNCIL. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 6. Orono Dam Resolution 80-3 The City Administrator indicated that Resolution 80-3 is the official resolution receiving the preliminary report of the rehabilitation of the Lake Orono dam, calling for a public hearing on the improvements to be held at the regular City Council meeting, May 5, 1980, 8:00 p.m. at the Elk River Public Library and ordering preparation of plans specifications. The City Administrator further indicated that the bids for the project would be opened April 25, 1980, and awarding of the contract could be made at the City Council meeting May 5, 1980. COUNCILMAN TOTHMOVED 'ADOPTION OF RESOLUTION 80.3 COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Tamarack Final Plat Mr. Dick Carson and Mr. Larry Koshak appeared before the Council regarding the Tamarack final plat. Mayor Madsen asked if any changes had been made after approval by the Planning Commission of the final plat. The City Adminis- trator indicated no changes: had been made since approval by the Planning April 21, 1980 Page 3 --, Commission. Councilman Toth expressed his concern of the one main street that would be serving the residential area and voiced his opposition to the plat because of no emergency exit. Mr. Dick Carson indicated that with the terrain of the land as such there was no other feasible way to work with the property and have available land for park. Mr. Carson further indicated that there was the possibility of an emergency route out through the park area. Councilman Otto indicated that the Council had already set a precedent approving plats with one access and felt the Tamarack plat should be approved as well. The City Administrator indicated that the park improvements to be done would be included in the Developer's Agreement and asked Mr. Carson to explain to the City Council what would be done with the park. Mr. Carson indicated that two ball fields with backstops, one football field with goal posts, picnic tables and swings would be included in the construction of the park. Mr. Carson further indicated they would top soil the ball fields and seed them. The City Administrator. asked how the area would be served with water for drinking and watering, and also if there were to be a.ny paved sur- faces in the walking or parking areas of the park. Mr. Carson indicated that the walking and parking areas in the park would be surfaced with class 5 material, and further indicated they would put a well in the park. Mr. Car- son indicated that it was their intention to complete the whole park before any of the lots in the Tamarack plat were sold. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE TAMARACK FINAL PLAT SUBJECT TO THE DEVELOPER'S AGREEMENT. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-1. COUNCILMAN TOTH OPPOSED. 8. Recreation Board Recommendations Mr. Jim Dingle appeared before the City Council in behalf of the City's Recreation Board, with a number of recommendations for the City Council. Mr. Dingle indicated the Recreation Board recommended the appointment of Marlon Glives to the Recreation Board and further indicated there was room for four more members. Councilman Otto asked that a young person be considered for an appointment to the board. Mr. Dingle indicated a sophomore would be desireable because of the three years that person could serve on the board. Mayor Madsen suggested that an article be placed in the local newspaper explaining what the Recreation Board does and asking for volunteers to serve on the board. Mr. Dingle asked that the City Council consider allocation of funds to be used for the maintaining of the skating rink at the pit and also funds to be used in conjunction with the Community Education Program for swimming. Mr. Dingle further indicated that the Recreation Board had donated $800 to Community Education for swimming and that if there was not increased participation, the need would be up to $1,900. Mayor Madsen asked who participated in the Community Education swim program. Mr. Dingle indicated that the Community Education Department estimated 4/5 of the people participating in the program were from the City of Elk River. The City Administrator indicated that the allocation of funds be considered at the time of the 1981 budget. Mr. Dingle indicated that the Recreation Board had received a request to reserve Orono Park for individual groups. The City Administrator indicated that the Community Education had approached the City to use the park and that it could be made available through the Street Department, if necessary. Mayor Madsen indicated thattbe\ park was a public park and there for everyone, and that it would be possible to ~erve the shelter, but the park could not be closed to the public. The City Administrator indicated that the requests for use of the park should come through City Hall and they would inform the Recreation Board. April 21, 1980 I Page 4 I Mr. Dingle aSk~d what the liability was to the Recreation Board if an held at the pa k was sponsored by another organization. Mayor Madsen cated that the City has general liability insurance. ~ event indi- Mr. Dingle indicated that the softball field scheduling was being handled by the Softball Association and at this time there were two nights open, Monday night one field is available, and Friday night both fields are available for public use. Mr. Dingle indicated that the Recreation Board recommended that the Duerr-Gruepner field be reverted back to a full-fledged baseball field to be used by the Elk River Red Devils, and at this time, they had no cost figures to the revision of the field to a baseball field. Mayor Madsen indi- cated that the Street Superintendent should be involved in the consideration of changing the softball field to a baseball facility and that this should be one of the goals of the City of Elk River. COUNCILMAN OTTO MOVED APPROVAL OF THE APPOINTMENT OF MARLON GLIVES TO THE RECREATION BOARD. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. 9. Public Safety Recommendation Regarding Purchase of Property The City Administrator indicated that the Public Safety Committee had made a recommendation to the City Council to purchase the two lots adjoining the existing fire station from George and Loretta Moos. Mayor Madsen asked what the legal procedure would be in the purchase of the lots. The City Adminis- trator indicated that he would discuss the process of preparing the legal documents with the City attorney, Dave Sellergren, and also suggested the City of Elk River secure an appraisal of the land. Mayor Madsen indi- cated that the cost of the land could only be spread over a five year period. Councilman Otto suggested an appraisal of the land be secured before legal documents are drawn. The City Administrator indicated that Ty Bishoff would be capable of providing that appraisal. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE PURCHASE OF THE TWO LOTS ADJACENT TO THE CITY'S EXISTING FIRE STATION, SUBJECT TO AN APPRAISAL AND A FIVE YEAR PAY PERIOD. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 10. Consider Administrator's Update A. Old Highway #101 Bridge Project The City Administrator indicated he had communicated with the Wright County engineer regarding the j~nt-powers agreement. Larry Koenig, Wright County engineer, indicated that Joint-powers agreement was with their attorney and would be completed and forwarded to the City of Elk River's attorney. B. Orono Dam The City Administrator indicated the City had been approached by persons interested in refurbishing the plant. It was their suggestion that the City repair the building and they would refurbish the hydro generation equipment. The City engineer, CHZM Hill, and City Administrator suggested this option not be exercised as if may jeopardize the funding of the dam rehabilitation project, delay construction, and would result in a marginal power operation at best. The City Administrator indicated that persons have been interested in buying the hydro units and turbines at the price of $2,500. He further indicated that he had requested the individuals interested to submit proposals for the purchase of the hydro units and turbines, which would in turn be submitted to the Council. April 21,. 1980 Page 5 ~ c. Public Works Department Project The City Administrator indicated that due to the changing of the shafts at the Wastewater Treatment Plant, the Street Department people were behind in their sweeping of streets and replacing of street signs. The City Administrator further indicated that WEP people and CETA people had been hired to work at the Wastewater Treatment Plant and with the Street Department in order to get the project up to date. Councilman Duitsman asked at what point the sea1coatingproject was, and requested that it be a high priority for the Street Department. D. Star Market Industrial Revenue Bonds The City Administrator indicated] that the Thorpe Company was having diffi- culty placing the financing for the project and would probably be placing it with a private investor rather than an institution. The City Administrator further indicated that if the financing was placed with a private investor, . they would have to come back to the City Council for approval of the project. 11. Check Register COUNCILMAN OTTO MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED.THE MOTION. MOTION PASSED 4...0. 12. Tentative Agenda The bid award for the Orono dam project and a public hearing on the project are items tentatively scheduled for the May 5, 1980, City Council meeting. There being no further business, COUNCILMAN OTTO MOVED THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. Respectfully Submitted, 9~Ko {J~~ Phyllis Boedigheimer, Deputy City Clerk/Treasurer PB/ab