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07-21-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY July 21, 1980 Members Present: Mayor Madsen, Councilmembers Otto and Toth. Members Absent: Councilmembers Engstrom and Duitsman 1. The meeting was called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Item 4~, Ron's Star Market; 5~, Public Hearing on the HRA at 8:00 p.m.; and 14E, the City Code were added to the agenda. COUNCILMAN OTTO MOVED APPROVAL OF THE JULY 21, 1980 CITY COUNCIL AGENDA. COUNCILMAN TOTHSECONDED THE MOTION. MOTION PASSED 3-0. 3. Minutes COUNCILMAN OTTO MOVED APPROVAL OF THE MINUTES OF THE JULY 7, 1980, CITY COUNCIL MEETING. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 4. Open Mike Wally Fox appeared before the City Council in behalf of his neighbors, to request a sign at the end of 195th Avenue at Tyler Street, to prevent cars from going straight ahead over the edge of Tyler Street. Mayor Madsen authorized the City Administrator to request the Street Department to place a sign at 195th and Tyler. It was also requested by the City Council that the Street Department place a bar- ricade at the intersection of 193rd and Upland, to prevent cars from crossing the railroad tracks at 193rd. Mr. Dave Bleyhl appeared before the City Council to discuss the issue of the wood he owns and has stored in the Tot Park and to present a survey taken in the area regarding the wood storage in Tot Park. Mr. Bleyhl indicated he had surveyed thirty people and had received 26 signatures from persons that had no objection to the wood stored in the park and felt it could stay, 4 signatures from persons that were neutral and further indicated he knew of only one objection. Mr. Bleyhl indicated he had received permission from the Street Superintendent to store the wood in the park and at this time was requesting permission from the City Council to leave the wood until it could be used up, in approximately 12 months. Council- man Otto suggested the possibility of the City of Elk River leasing this spac.e to Mr. Bleyhl to store the wood. Mayor Madsen indicated that he felt it was unreason- able to request the wood to be moved and asked the City Administrator to ~onsult with the City Attorney regarding leasing of the land. COUNCILMAN TOTH MOVED TO RESIND THE FORMER CITY COUNCIL ACTION TO REQUEST MR. DAVE BLEYHL TO MOVE THE WOOD OUT OF TOT PARK AND TO GRANT A TEMPORARY USE OF THE PORPERTY FOR A PERIOD OF TWELVE MONTHS FOR STORING THE WOOD DEPENDENT UPON THE CITY ATTORNEY'S OPINION. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. 4~. Ron's star Market Mr. Ambrose Yehle, representing Mr. Paulucci and Mr. Gobel appeared before the City Council regarding the Star Market project. Mr. Ambrose Yehle indicated the project cost had increased from approximately $750,000 to $1,060,000, primarily due to the additional year of principal and interest. Mr. Yehle indicated he was requesting approval of the project with the increased cost and authorization to send a letter to the Commissioner of Security, requesting approval of the project. Mayor Madsen July 21, 1980 Page Two indicated it was the intent of the City Council to support the project. COUNCILMAN TOTHMOVED APPROVAL TO AUTHORIZE THE SENDING OF A LETTER TO THE COMMISSIONER OF SECURITY REQUESTING APPROVAL OF THE PROJECT. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-0. 5. Sale of 1958 Fire Truck The City Administrator requested authorization to advertise for the sale of the 1958 Ford Fire Truck. COUNCILMAN OTTO MOVED APPROVAL OF THE AUTHORIZATION OF THE ADVERTISEMENT FOR BIDS FOR THE SALE OF THE 1958 FIRE TRUCK. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 5k 2. Public Hearing on the HRA Mr. Antone Hipp asked specifically what the Housing and Redevelopment Authority was and what it could do. The City Administrator briefly reviewed the powers and authority of the Housing and Redevelopment Authority and further indicated that the powers and authority of an HRA are well-defined by State Statute. Councilman Toth indicated his concern and questions in the formation of an HRA and requested the adoption of the resolution authorizing an HRA to be tabled until the next City Council meeting. COUNCILMAN OTTO MOVED TO RECONSIDER THE ADOPTION OF RESOLUTION 80-15, DECLARING THE NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN THE CITY OF ELK RIVER. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. COUNCIL- MAN OTTO MOVED TO TABLE THE ADOPTION OF RESOLUTION 80-15 DECLARING THE NEED FOR A HOUSING AND REDEVLOPMENT AUTHORITY. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 6. Zoning Ordinance Mayor Madsen indicated the adoption of the Zoning Ordinance requires a 4/5 vote of the Council, and as two members were absent, it was his request to table the discussion and adoption until the next scheduled Council meeting. Councilman Toth indicated he had concerns regarding points brought up at the Planning Commission meeting, sepcifically concerning the area southwest of the Nursing Home. The City Administrator indicated that he had met with the City Attorney and City Planner regarding that specific area and other zoning and language changes, which would be brought before the Planning Commission at their next meeting. The City Administrator further indicated that the Planning Commission would review the suggested changes and make a formal recommendation to the City Council at the next meeting. 7. Repair of Public Works Garage Roof The City Administrator indicated the Public Works garage roof was in need of repair and suggested re-roofing of the garage area. The City Administrator further in- dicated that certain vents and stacks no longer needed could be removed to provide for a better roofing job and that the preliminary estimated cost would be approximately $2,000 to $2,500. COUNCILMAN OTTO MOVED TO APPROVE AUTHORIZATION OF THE CITY AD- MINISTRATOR TO REQUEST BIDS FOR THE RE-ROOFING OF THE PUBLIC WORKS GARAGE ROOF. COUNCIL- MAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Authorization for New Police Officer Mayor Madsen indicated that at the present time, approximately 38 hours a week were scheduled for part-time personnel in the Police Department and that the addition of one more Police Officer to the staff would cut the part-time personnel to an oc- casional use to fill shifts left vacant by vacations, special schools, and sick or in- July 21, 1980 Page Three juries, and further indicated that the Finance Committee recommended that an additional Police Officer be added to the Police Department. COUNCILMAN TOTH MOVED APPROVAL OF THE AUTHORIZATION TO HIRE AN ADDITIONAL POLICE OFFICER TO THE POLICE DEPARTMENT. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-0. 9. Acton Pay Estimate Number 1. COUNCILMAN OTTO MOVED TO AUTHORIZE PAYMENT OF ACTON PAY ESTIMATE NUMBER 1 IN THE AMOUNT OF $70,047.00 FOR THEIR WORK ON THE REHABILITATION OF THE DAM. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 10. McChesney Industrial Park Final Pay Estimate Mr. Jeff Roos, of Consulting Engineers Diversified, indicated that there was a one-year warranty for all work on the project, beginning July 21, 1980 and further indicated final approval and recommendation for final payment on the project. COUNCILMAN TOTH MOVED AUTHORIZATION OF FINAL PAYMENT TO S & L EXCAVATING IN THE AMOUNT.OF.$17,864.19 FOR THE McCHESNEY PROJECT. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-0. 11. Plans and Specifications and Advertisement for Bid for Pinewood Subdivision Mr. Jeff Roos and Mr. Terry Mauer, of Consulting Engineers Diversified, were present to review the plans and specifications for the City Council on the project and to review a design change in the storm sewer, which would decrease the cost of the project by approximately $5,000. COUNCILMAN OTTO MOVED APPROVAL OF RESOLU- TION 80-16, IMPROVEMENT PROJECT NUMBER 80-1 PINEWOOD SUBDIVISION, APPROVING THE PLANS AND SPECIFICATIONS AND ORDER THE ADVERTISEMENT FOR BIDS. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 12. City Policy for Employees Filing for Elected Office Mayor Madsen indicated that the City, at the present time, does not have a formal policy regarding treatment of City employees who file for an elected office, and further indicated the practice of most communities is to require the employees to take an unpaid leave of absence from their duties, or, to resign. Councilman Otto indicated he was of the feeling that it should be a City Policy to require City employees to resign or take a leave of absence. The City Administrator in- dicated the policy could be included in the personnel section of the City Code. COUNCILMAN OTTO MOVED TO .ADOPT A CITY POLICY THAT CITY EMPLOYEES FILLNG FOR CITY OFFICES OR OTHER ELECTED OFFICES MUST TAKE A LEAVE OF ABSENCE OR RESIGN FROM THEIR DUTIES UNTIL AFTER THE ELECTION. AT WHICH TIME IF THEY LOSE. MAY THEN CONTINUE THEIR EMPLOYMENT WITH THE CITY. OR, IF THEY WIN A CITY OFFICE. THEIR EMPLOYMENT BE TERMINATED. AND IF THEY WIN ANOTHER ELECTED OFFICE. THEY MAY RETURN TO WORK UNTIL SUCH TIME THAT THEY ASSUME THE DUTIES OF THE ELECTED OFFICE. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 13. County Resolution Re~arding Signing on County Road 30. The City Administrator indicated that the Sherburne County Board of Commissioners had adopted a resolution regarding traffic signing at the intersection of County Road 30 and Albany Street. Boston Street, Concord Street, Denver Street, and Fresno Street, and further indicated that it was necessary for the City Council to approve July 21, 1980 Page Four the resolution for adoption. COUNCILMAN OTTO MOVED APPROVAL OF THE SHERBURNE COUNTY RESOLUTION TO AUTHORIZE THE SIGNING OF THE INTERSECTIONS OF COUNTY ROAD 30 AND ALBl\NY.STREET, BOSTON STREET, CONCORD STREET, DENVER STREET AND FRESNO STREET. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 14. Ad.ministrator' s Update A. 1980 Sealcoat The City Administrator indicated that the County had been advertising for bids to be opened August 5th at 11:00 a.m. for the Sealcoat Project and further indicated that the City Council would be able to award the contract at the Council meeting following the bid opening. B. Orono Dam The City Administrator indicated that the rehabilitation of the dam project was ahead of schedule at this time, and that the contractors have been pouring concrete and the new apron was about ready to be poured. The City Administrator further indicated that the undermining was not as bad as expected and that there would be no need to pump concrete under the dam. The City Administrator indicated that the State had been out inspecting the job and suggested the soil borings needed for the bridge repair be done before the rip rap was placed. Mr. Jeff Roos, of Consulting Engineers Diversified, indicated that the cost of the borings could be part of the funding of the bridge repair if they were included in the engineer's cost. It was the concensus of the City Council to wait with the soil borings until the bridge repair project. C. 101 Bridge Replacement The City Administrator indicated that the City Attorney, Dave Sellergren, would be drafting the joint powers agreement and the agreement with the engineering firm TKDA. Mayor Madsen asked if Wright County was in agreement to pay their share of the cost. The City Administrator indicated that he would confirm the means of payment of costs with the Wright County engineer. D. Sale of City Property on Hi~hway 169 Mayor Madsen indicated that he felt the price of approximately $2,500 per acre offered by Cherrier Winter & Associates was out of line and suggested that the City Administrator notify Mr. Cherrier that the City of Elk River is presently uninterested in selling the property. E. City Code The City Administrator indicated that the first draft of the City Code had been received and further indicated that many of the ordinances have already been acted upon by the Council. Councilman Otto asked about the curfew ordinance and suggested the City Administrator discuss the ordinance with the Police Chief. The City Administrator indicated that the Code would be discussed at the staff level and that if there were any changes or suggestions, they would be presented to the Council at a Committee or Council workshop meeting. July 21, 1980 Page Five 15. Non-Intoxicating Malt Liquor License COUNCILMAN OTTO MOVED APPROVAL OF THE NON-INTOXICATING MALT LIQUOR LICENSE FOR HAGEN'S SUPER VALU. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. , 16. Check Register COUNCILMAN OTTO MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. 17. Tentative Agenda The formation of HRA is tentatively scheduled for the August 4, 1980 City Council Meeting. There being no further business, COUNCILMAN OTTO MOVED THAT THE MEE~rNG BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 3-0. Respectfully submitted, ~~L i3oedrk;~ Phyll~s Boedigheimer Deputy City Clerk/Treasurer PB:dkk