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06-03-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE SHERBURNE COUNTY COURHOUSE June 3, 1980 Members Present: Mayor Madsen, 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 l2F, the HUD 701 grant, and Item l2~, towing problem - Mr. Bailey, were items added to the agenda. COUNCILMAN OTTO MOVED APPROVAL OF THE JUNE 3, 1980, CITY COUNCIL AGENDA. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF THE MAY 20, 1980, CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 4. Open Mike Colleen Olson of Oakhills Knollwood Addition appeared before the City Council regarding the condition of Tyler Street. Mrs. Olson indicated that the chuck- holes and potholes had been repaired in prior years and had not been fixed this year. Mrs. Olson asked why the street was not fixed and when it would be. The City Administrator indicated the repair of Tyler Street would consist of digging out approximately 2!10ths of a mile of muck and bad road. Then a specially designed fabric manufactured by Monsanto, to keep the moisture from seeping to the top of the roadway, would be placed in that area with ten inches of class 5 placed on top of the fabric. ~he City Administrator further indicated that the City would be requesting bids fo~ seal coat and bituminous overlay along with the County contract and that t~e blacktop overlay of Tyler Street would be included on that bid. Mrs. Olson was concerned about the timtng of the repair work of the street and whether lor not the street would be widened. Mayor Madsen indicated the street would n~t be widened, but that the schedule to have Tyler Street permanently repaired ~as the next priority for the Street Department. ! 5. 1980 Sewer Rates I Councilman Duitsman indicated that the rec!ommendation of the Finance Committee was to change the sewer rates as follows: ! the sewer rate charged to all customers be raised from $1.30 per 1,000 gallons per quarter to $1.50 per 1,000 gallons per quarter; that the flat rate of $4.50 per month be raised to a flat rate of $7.20 per month; and that a minimum rate of $3.50 per month be established for all sewer customers. Councilman Duitsman further indicated the Finance Committee also recommended that,in the case of the minimum charge, senior citizens be allowed to pay sewer charges based upon actual usage and not subject to the minimum charge, and that all individuals over 65 years of age would be eligible for this possible reduction in the sewer charge by simply spplying to the City of Elk River for the minimum charge exemption. Councilman Duitsman further indicated that the City staff would pursue means of providing a study to find a better method of establishing an average usage for sewer customers currently charged the flat rate. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE FINANCE COM- MITTEE'S RECOMMENDATION OF SEWER RATES TO BE CHARGED TO SEWER CUSTOMERS. COUNCIL- MAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. June 3, 1980 Page 2 6. Karst Conditional Use Permit The City Administrator indicated that the Planning Commission had given approval of a conditional use permit for Mr. Daniel Karst to place a mobile home on 22878 Elk Lake Road with a two year limitation on the conditional use permit. COUNCIL- MAN TOTH MOVED APPROVAL OF THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT A CONDITIONAL USE PERMIT TO DANIEL KARST WITH A TWO YEAR LIMITATION. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED4~0. 7. Acquisition of ParkLand Mayor Madsen indicated that on the corner of Fresno Street and l82nd Avenue there was a two acre parcel of land that the neighborhood residents were asking the City Council to acquire as a neighborhood park. Mayor Madsen further indi- cated the land was basically too low to build homes on and, therefore, was left vacant. Mayor Madsen asked what was the general interest for the use of the two acre parcel for a neighborhood park. Mr. Gary Carlson, representing the home owners in the area, indicated the neighbors were interested in volunteering to put some sand boxes, some climbing apparatus, and general playground equipment, even the possibility of a ball diamond. Mayor Madsen indicated their suggested use of the area would be for children of all ages and he felt the park should be designed for either one group or another. Mayor Madsen further indicated he could not support the purchase of the parcel if it was to be developed in that manner, and that he had no problem with purchasing the park if it would be developed for small children. Councilman Otto's concerns were who would outfit the park and what happens to the park when the kids grow up if it is developed as a tot park. The City Administrator indicated that the park would consist of a lot of green area for playing frisbee, catch, and so forth, and that the residents would be willing to donate time and equipment to developing some sand boxes and climbing apparatus for the smaller children. General discussion was carried on regarding the City's responsibility if injury occurred in the park and the problems of the City maintaining the park. Councilman Toth asked the price of the park. The City Administrator indicated the home owners had approached Mr. Irv Moldenhauer, owner of the two acre parcel, for purchase of the land by the City. The City Administrator further indicated Mr. Moldenhauer had indicated he would give it to the City for the back taxes which were approximately $200. Councilman Otto asked if the land was purchased through the park dedication funds and the City found it was a problem to maintain, could it be sold or changed into another use. The City Administrator indicated that if it was purchased through park dedication funds, it would have a park. Councilman Otto asked if the parcel could be purchased through general funds and then if necessary it could be changed to another use or sold. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE PURCHASE OF THE TWO ACRE PARCEL AT THE CORNER OF FRESNO STREET AND l82ND AVENUE WITH GENERAL FUND MONIES IN AN AMOUNT NOT TO EXCEED THE TOTAL OF THE BACK TAXES BY THE CITY OF ELK RIVER. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 8. Street Lighting Policy The City Administrator indicated that at this time the City did not have a policy established for the installation of new street lights and what standards were to be applied, and further asked for some general discussion in the development of a policy for street lighting~ Mr. Bill Patenaude, of the Municipal Utilities, appeared before the Council to discuss the current policy and provide input into developing a policy for the City. Councilman Duitsman indicated he felt that a . hearing was necessary for each street light to determine who wanted it and who didn't, and further indicated that he felt street lighting was an urban benefit and should be an urban policy. The City Administrator indicated that street June 3, 1980 Page 3 lighting was a crime detriment and was necessary in high density areas. Mr. Bill Patenaude asked if it was the intention to hold a hearing for each street light requested. Councilman Otto suggested that public hearing for street lighting requests be held at certain times of the year. General discussion was carried on regarding the notification of residents involved in the public hearings and how often a public hearing for street lighting should be held. Mayor Madsen suggested the City Administrator put together a policy regarding the need for street lighting, how the requests should be received, how often a public hearing should be held, and present it to the Council for approval. 9. Diseased Tree Contractor for 1980 The City Administrator indicated that the City would again be involved with the diseased tree program with the State of Minnesota and further indicated that the City had received prices for 1980 from Dick's Tree Service, last year's diseased tree contractor. The City Administrator indicated the City's experience with the tree contractor was very good. The City received no complaints from home owners and was generally pleased with the performance of the tree contractor. Council- man Otto asked .why residents were charged more than the City for the removal of the diseased trees. Mr. Runyon from Dick's Tree Service indicated that it was more difficult generally to get to privately owned trees, that the City trees were along the streets and in areas that it was easy to get at to remove them. The City Administrator indicated that the State program was reimbursement of 50% of the cost and the City, in turn, reimbursed the private citizen of 45% of their cost of removing the diseased tree. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE AUTHORIZATION OF THE CITY ADMINISTRATOR TO RENEW THE CONTRACT BETWEEN THE CITY OF. ELK RIVER AND DICK'S TREE SERVICE FOR THE REMOVAL OF DISEASED TREES FOR THE YEAR 1980. COUNCILMAN ~OTH SECONDED THE MOTION. MOTION PASSED 4-0. 10. Policy for Softball Field Reservations The City Administrator indicated that the City has received requests for reser- vation of the softball fields by individuals for use in. the month of July, and further indicated that at this time there was no policy as to whether the fields could be reserved or not and whether a fee would be charged. The City Adminis- trator indicated that the Rec Board was now scheduling softball fields for league play and suggested that the Rec Board also schedule reservation of the fiels for tournament play. Councilman Otto indicated he felt that it was a responsibility of the Rec Board and that the Rec Board should discuss with the Street Superin- tendent asfee for the cost of the reservation of the softball fields. Council- man Otto further indicated he felt it was not a Council policy and it was the Rec Board's responsibility to handle softball field reservations. It was the general concensus of the City Council that it was the responsibility of the Rec Board to schedule softball field reservations and to determine if a fee was feasible for the use of the softball fields. 11. Elk River Men's League Temporary Beer License The City Administrator indicated the Elk River Men's League had requested a temporary beer license for a one day event to be held at the park. Mr. Mark Lucas of the Elk River Men's League indicated it would be an event comparable to the J.C. 's event, either a fishing tournament or a softball tournament. Councilman Toth indicated that before a temporary license could be issued, the date would have to be specified and what event it was in conjunction with. Councilman Otto indicated that it was not possible to get a blanket license and that a specific date and happening would have to be specified. COUNCIL- MAN ENGSTROM MOVED THE REQUEST FOR A TEMPORARY BEER LICENSE BY THE ELK RIVER MEN'S LEAGUE BE TABLED UNTIL FURTHER INFORMATION WAS RECEIVED. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. June 3, 1980 Page 4 12. Admirtistrator's Update A. HRA Status The City Administrator indicated that the City attonney had a draft of the by-laws and the resolutions for the development of an HRA and it should be available for the next City Council meeting. B. City Code Status The City Administrator indicated that a rough-draft of the City code would be available to. the City Council within the next two weeks. C. PCA Interceptor The City Administrator indicated that the PCA staff would make a favorable recommendation to the Board to get the City of Elk River on the Brojects List, and further indicated if the City of Elk River was on the Projects List the funding would be available in 1981. The City Administrator indi- cated that he and the City engineer would be present at the hearing to ask for either a step 3 grant, which would indicate that plans and specifications were ready for construction, or the step 2 grant~ which would be for the pre- paration of the plans arid specifications. The City Administrator indicated that the City engineer would have no problem getting the plans ,and specifi- cations ready for the step 3 grant. Councilman Duitsman asked if the City of Elk River needed specific approval for the funding before bids could be received. The City Administrator indicated that the PCA approval would be assured in August and the funding by the federal government would be deter- mined in October which would allow construction to start in the beginning of 1981. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE APPLICATION FOR THE STEP 3 GRANT. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4~0. D. Orono Dam The City Administrator indicated that work had begun on the replacement of the overhead wires and that Acton was on the job ready to start the project. The City Administrator further indicated that the generators were being dismantled and removed from the property. The City Administrator indicated that im general the dam rehabilitation project had begun. E. Downtown Parking The City Administrator indicated that the Countx had no problem or objections with the City permitting overnight parking in the County parking lot. Council- man Toth indicated he felt the City should have approval of the County Com- missioners before parking spaces were allowed for overnight parking in'the County parking lot. F. 701 Grant The City Administrator indicated that no monies were available under the HUD 701 grants, and further indicated that perhaps the downtown development project could be fundable t4rough the tax increment district. 12~. Towing Problem - Mr. Bailey Mayor Madsen indicated that Mr. Bailey had his car towed from the City parking lot and was asking for reimbursement for the towing charge because he felt the sign and twisted and, therefore, his car was towed away unfairly. COUNCILMAN TOTH MOVED THAT MR. BAILEY NOT BE REIMBURSED FOR THE TOWING CHARGE. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. Page 5 June 3, 1980 13. Check Register COUNCILMAN OTTO MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 14. TentativeAgenda There is nothing tentatively scheduled for the June 16, 1980, City Council meeting. There being no further business, COUNCILMAN OTTO MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-0. Respectfully Submitted, I?/u;~ &-cdpk. WZ//O. - o V 11 tJ;?m)~ Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:ab