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.
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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
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