Loading...
08-18-1980 CC MIN ---, REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY AUGUST l8, 1980 Members Present: Mayor Madsen, Councilmembers Engstrom, Duitsman, Otto Members Absent: Councilman Toth 1. The meeting was called to order at 7:30 p.m. by Mayor Madsen. 2. Agenda Item 20-C, the Peterson Addition Lawsuit was added to the Agenda. COUNCIL- MAN ENGSTROM MOVED APPROVAL OF THE AUGUST 18TH, 1980 CITY COUNCIL AGENDA. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes Correction: Number 7, Item 6 - MOTION WAS PASSED 4-l. MOVED APPROVAL OF THE MINUTES AS CORRECTED OF THE AUGUST . COUNCIL MEETING. COUNCILMAN OTTO SECONDED THE MOTION. 3-0. COUNCILMAN DUITSMAN 4TH, 1980 CITY THE MOTION PASSED 4. Open.Mike Mr. Lewis Lehmon appeared before the City Council regarding 189th Street. Mr. Lehmon indicated this street was not maintained from right-of-way to right-of-way because of trees, mailboxes and a fence, and asked that the City Council authorize maintenance of the street to the right-of-ways on each side of the street. The Street Superintendent indicated to the City Council that the street, as maintained, was too narrow. Mayor Madsen authorized the City Administrator to request the Street Superintendent to upgrade the street with removal of the trees, and placement of Class 5 as necessary. 5. Sanitary Sewer Interceptor Feasibility Report . Mr. Lyle Swanson, of McCombs-Knutson, was present to present the Preliminary Engineering Report for the sewer interceptor to the City Council. Mr. Lyle Swanson indicated that after meeting with the Minnesota Pollution Control Agency, it was apparent that there.would be no federal funding for the project in the foreseable future. Mr. Lyle Swanson reviewed the reports and maps of the improvements for the City Council, explaining the sewer interceptor improvement, the Salk Junior High Water main and sanitary sewer improvement, sanitary sewer laterals to Ridgewood East 2nd Addition, sanitary sewer laterals to Ridgewood (proposed 4th Addition) and the Elk River Industrial Park sani- tary sewer. Mr. Lyle Swanson also reviewed the estimated cost of the improve- ments and the methods of cost recovery by either assessing the cost to benefited properties, or by Ad Valorem taxation or a combination of both. Mr. Lyle Swanson also reviewed the various methods used to determine ways to equitably apportion the benefits, and other possibilities for cost apportionment. Mr. Lyle Swanson indicated the projects were feasible and consistent with the zoning plan, and recommended that the City Council should proceed with the project and call a public hearing. Councilman Duitsman questioned the time table for the project. Mr. Lyle Swanson indicated that bids could be received August 18, 1980 Page Two and the contract let, with construction of parts of the project to start during the winter. Mr. Lyle Swanson indicated that the plans and specifica- tions for the project could be ready in two weeks for the public hearing. The City Administrator indicated that notification of everyone concerned could be completed for a public hearing to be held the week of September 8, 1980.. COUNCILMAN OTTO MOVED TO ADOPT RESOLUTION 80-24. RECEIVING THE PRELIM- INARY REPORT FOR THE SEWER INTERCEPTOR PROJECT, AND CALLING A PUBLIC HEARING OF THE PROJECT TO BE HELD THURSDAY, SEPTEMBER 11TH, 1980, AT 7:30 P.M. AT THE HIGH SCHOOL. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Specifications and Advertisement for Bids for Street Overlay The City Administrator indicated that bids for sealcoat were received and opened August 5th, 1980, with Batzer Construction the apparent low bidder, in the amount of $24,090.00, for approximately 5 miles of sealcoat. The City Administrator further indicated that the Number 1 and Number 2 priority list for sealcoat of streets, submitted by McCombs-Knutson Associates, on a memo dated May 2nd, 1980, was for approximately 3~ miles of streets. The City Administrator indicated that the streets recommended for overlay are: I95th, 197th and a portion of Ulysses Street, as well as approximately 1,000 feet of Tyler Street, for a total estimate for the overlay of between $20,500 and $22,500, and further indicated the amount over the $30,000 allocated should be able to be absorbed in the 1980 Street Department budget. Council- man Duitsman indicated the possibility that the City could lose approximately $15,000 from State Aids and questioned whether or not the budget would allow for the additional street repair. The City Administrator indicated that there would be funds available in the Certificate of Indebtedness for the Street Department truck and recommended the City Council authorize $7,000 to $9,000 to be added to the $30,000 budgeted for street repair. Councilman Duitsman questioned the need of sealcoat in the Ridgewood West Addition and asked for the Street Superintendent's recommendation. The Street Superinten- dent indicated that there was approximately 8,200 feet of street in need of sealcoat for an estimated cost of $7,000. Mayor Madsen indicated that approxi- mately $45,000 would be available for street repair and suggested Ridgewood West be added to the list of streets for sealcoating. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE FIVE (5) MILES OF STREETS TO BE SEALCOATED, THE STREETS LISTED IN THE MEMO FROM McCOMBS-KNUTSON ASSOCIATES, DATED MAY 2ND, 1980, PLUS THE STREETS IN RIDGEWOOD WEST AND OVERLAY FOR I95th AND 197th, A PORTION OF ULYSSES STREET, AND 1,000 FEET OF TYLER STREET TO BE DONE AS STREET REPAIR FOR 1980. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-0. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE BITUMINOUS OVER- LAY PROJECT. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Housing and Redevelopment Authority Appointments Mayor Madsen submitted the following names as appointments to the Housing and Redevelopment Authority board: Henry Duitsman to a five-year term, Don Schumacher to a four-year term, Larry Toth to a three-year term, and Frank Madsen to a two-year term. Mayor Madsen indicated the fifth member would be appointed from the Planning Commission after the appointments to the Plan- ning Commission were made. COUNCILMAN ENGSTROM MOVED TO APPROVE THE APPOINT- MENTS TO THE HOUSING AND REDEVELOPMENT AUTHORITY BOARD. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0.. August 18, 1980 Page Three 8. The Revision and Establishment of a Planning Commission Mayor Madsen indicated that the new Ordinance would change the Planning Commission to a five member board and suggested that one member be appointed for one year, two members for two years, and two members for three years. The City Administrator indicated that the Ordinance has the effect of re~ pealing the existing Planning Commission Ordinance and re-establishing the Planning Commission under the guidelines established by the City Council. Councilman Otto questioned the appointment of the Chairperson to the Planning Commission by the City Council, and suggested that the Chairperson be elected by the members of the Planning Commission. Mayor Madsen indicated that the the five members should be appointed by the Council and the Chairperson elected by members of the Commission. COUNCILMAN OTTO MOVED TO ADOPT ORDINANCE 80-3, SUBJECT TO THE CHANGE THAT THE CHAIRPERSON IS ELECTED BY THE PLANNING COMMISSION MEMBERS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Joint Powers Agreement betweertthe City of Elk River and Wright County COUNCILMAN ENGSTROM MOVED TO TABLE THE ADOPTION OF THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF ELK RIVER AND WRIGHT COUNTY FOR THE REPLACEMENT OF THE HIGHWAY 101 BRIDGE UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Riverglade Preliminary Plat The City Administrator indicated that the developer, Larry Koshak, and Mr. Terry Maurer, from Consulting Engineers Diversified, were present to answer any questions the City Council might have regarding the Riverglade Park Subdivision Plat. Mr. Terry Maurer, of Consulting Engineers Diversified, reviewed his memo to the City dated August 14, 1980, in which he stated permits would be required from the State Highway Department and from the Department of Natural Resources and the Corps of Engineers for road access to Highway 10 and storm drainage outlets to the Mississippi River. The City Administrator indicated that the lot sizes and uses proposed on the Riverglade Park Subdivision Plat were consistent with the City's Zoning and Subdivision Ordinances, and further indicated that the developer has agreed to construct at his own expense, a bituminous surface road from the intersec- tion of the most southerly east-west road in the plat and Cleveland street north to the Boundary of the plat. The City Administrator recommended that a small portion of Cleveland Street, that extends from the northern edge of the plat to Highway 10, should be improved and assessed jointly to the devel- oper of the Riverglade Park and the abutting businesses on Cleveland Street. The City Administrator recommended that the City Council grant Preliminary Plat approval for the Riverglade Park Subdivision and that the Preliminary Plat be contingent upon the developer making the changes as recommended by Con- sulting Engineers Diversified. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE PRELIMINARY PLAT FOR RIVERGLADE PARK SUBDIVISION .S1.J'R.JJIDC,T I.TOiCHANIGBS:-::RECOMMENDED BY CONSUL'I\LNG..:.ENGINEERS DIVERSIFIED. COUNCILMAN ENGSTROM SECONDED THE MOTTON. MOTION PASSED 3-0. 11. Pinewood Subdivision and Bid Award Mr. Jeff Roos, of Consulting Engineers Diversified, indicated that bids were taken on I Monday, August 11th, 1980, for the construction of the Pinew(7od Subdivision, with N.D.H., Inc. the apparent low bidder, at a price of $39,747.00, and further indicated that it was his recommendation to award August 18, 1980 Page Four the contract to N.D.H., Inc. . Mr. Jeff Roos further indicated that N.D.H., Inc. 's bid of $39,747.00 was below the engineer's estimate of $48,500.00, and that N.D.H., Inc. was considering the forfeiture of the bid bond or to proceed,with the contract. Mr. Jeff Roos indicated it was Consulting Engineers Diversified's recommendation that the City of Elk River should proceed with the awarding of the contract to N.D.H., Inc. COUNCILMAN DUITSMAN MOVED APPROVAL OF RESOLUTION 80-18, ORDERING THE IMPROVEMENT PROJECT FOR .THE PINEWOOD SUBDIVISION. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION WAS PASSED 3-0. COUNCILMAN ENGSTROM MOVED APPROVAL OF RESOLUTION 80-19, AWARDING THE CONTRACT FOR THE PINEWOOD SUBDIVISION IMPROVEMENTS TO N.D.H.; 'INC. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. HobbitHills Subdivision Feasibility Report Mr. Terry Maurer, of Consulting Engineers Diversified, was present to present the Feasibility Report for the Hobbit Hills Addition to the City Council. Mr. Terry Maurer indicated that on the original report, urban streets were proposed rather than the rural streets the developer wanted. Mr. Terry Maurer reviewed the report and indicated that the total estimated cost of the project would be $146,500.00, rather than the proposed $174,500.00 presented in the report. Mayor Madsen questioned the developer's progress with the development. The City Administrator indicated that the developer wanted the project to be done this year, as he had a contract with HUD to build four homes in the development. COUNCILMAN ENGSTROM MOVED TO APPROVE RESOLUTION 80-20, ACCEPTING THE FEASIBILITY REPORT FOR THE HOBBIT HILLS SUBDIVISION. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMAN OTTO MOVED TO APPROVE RESOLUTION 80-21, ORDERING THE PLANS AND SPECIFICATIONS FOR THE HOBBIT HILLS SUBDIVISION PROJECT. COUNCILMAN DUITSMAN SECONDED THE. MOTION. THE MOTION PASSED 3-0. COUNCILMAN ENGSTROM MOVED TO HOLD THE PUBLIC HEARING FOR THE HOBBIT HILLS SUBDIVISION AT THE OCTOBER 6th , 1980, CITY COUNCIL MEETING. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 13. Acton Pay Estimate Number 2. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE PAYMENT OF ACTON PAY ESTIMATE NUMBER 2, IN THE AMOUNT OF $124,882.20. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 14. 1981 Audit Fees Councilman Duitsman indicated his approval of the proposals from Anfinson, Hendrickson & Company for audit fees. The City Administrator indicated that Anfinson, Hendrickson & Company had quoted $1,500 for the audit required by the Department of Housing and, Urban Development for the Community Development Block Grant. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE PROPOSED AUDIT FEES FOR 1981 FROM ANFINSON, HENDRICKSON & COMPANY. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. 15. 1981 Mayor and City Council Salaries The City Administrator indicated that it was the recommendation of the Finance Committee that the Mayor's salary be increased to $3,000 per year and that the City Councilmen's salaries be increased to $1,800 per year, and further indicated that the City Attorney, Dave Sellergren indicated that the increase August 18, 1980 Page Five in salaries would have to be by City Ordinance. Mayor Madsen indicated that that he did not feel the salaries were unreasonable. COUNCILMAN OTTO MOVED APPROVAL OF ORDINANCE 80-4, INCREASING THE MAYOR'S SALARY TO $3,000 A YEAR AND THE COUNCILMEN'S SALARIES TO $1,800 A YEAR, EFFECTIVE J ANUARYl , 1981. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 16. 1981 utility Commissioners' Salaries The City Administrator indicated that the Finance Committee had recommended the Utility Commissioners' salaries be increased to $500 per year, effective January 1, 1981. COUNCILMAN OTTO MOVED APPROVAL OF RESOLUTION 80-23, IN- CREASING THE UTILITY COMMISSIONERS' SALARIES TO $500 PER YEAR. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 17. League of Minnesota Cities Building Proposal The City Administrator indicated that the League of Minnesota Cities had submitted a lengthy memo. proposing a new building for the League of Cities which included a cost sheet, financing plan and payment options. The City Administrator further indicated that the League of Minnesota Cities was an organized body for cities, to provide services for cities, to lobby in the legislature inthei:i1terestofCitfes~'afid ,to'V-lrtually<'keep:;-cdties informed and abreast of all information pertaining to municipalities. Council- man Otto asked what the share would be for the City of Elk River. Mayor Madsen indicated that it was his understanding that the City of Elk River's share toward the building cost would be $3,400 and asked which method, the lump sum method or five-year option or ten-year option would be the preference of the City Council. Councilman otto indicated that he felt the League of Minnesota Cities does provide information and services to the City of Elk River. COUNCILMAN OTTO MOVED TO APPROVE THE SUPPORT OF THE BUILDING PROJECT FOR THE LEAGUE OF MINNESOTA CITIES AND TO PAY THE CITY OF ELK RIVER'S SHARE WITH THE ONE LUMP SUM PAYMENT. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 18. Next Meeting Date COUNCILMAN OTTO MOVED TO APPROVE THE NEXT CITY COUNCIL MEETING TO BE HELD ON TUESDAY, SEPTEMBER 2ND, AT 7:30 P.M.. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 19. Will's Place Liquor License COUNCILMAN OTTO MOVED APPROVAL OF THE LIQUOR LICENSE FOR WILL'S PLACE. COUNCIL- MAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 20.. Administrator's Update A. Orono Dam The City Administrator indicated that the Dam Rehabilitation Project was still ahead of schedule with no significant problems. The City Administrator further indicated that the concrete on the bridge tiers had deteriorated much more than expected and that the building inspector had called the State for inspection. The City Administrator indicated August 18, 1980 Page Six that the State will write a report and determine a rating for the City, to receive funding for the repair of the bridge. The City Administrator further indicated that the City was still working with Mrs. Nickerson on the agreement between herself and the City of Elk River. Mayor Madsen asked what was the expected completion date. The City Administrator indicated that the completion date of mid-November was still on. B. Oity Council Filings The City Administrator indicated that Gene Schuldt had filed unapposed for Ward 3, Councilman Duitsman had filed for Ward 2 unapposed, and Wally Fox and Dick Hinkle had filed for the Mayor position. " C. Peterson Addition Lawsuit The City Administrator indicated that the trial was completed Friday, August '15th, 1980, and that Judge Dablow indicated that it would be 130 days before his ruling on the case. The City Administrator further indicated that the City Attorney, Chris Dietzen, was not available for the trial, and a substitute attorney had to finish the case. 21. Check Register COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 3-0. 22. Tentative Agenda The report for the bridge from the State, the street overlay project, the Planning Commission appointments, and the Joint Powers Agreement are all items tentatively scheduled for the September 2, 1980 City Council Meeting. There being no furth~business, COUNCILMAN OTTO MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 3-0. Respectfully Submitted, O~Jk 13~-~ Phyllis Boedigheimer Deputy City Clerk/ Treasurer PB:dkk