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09-02-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY SEPTEMBER 2, 1980 Members Present: Mayor Madsen, Councilmembers Engstrom, Otto, Toth and Duitsman Members Absent: None 1. The meeting was called to order at 7: 30 p.m. by Mayor Madsen. 2. Agenda Item 14E., planning grant through Farmer's Home for the sewer interceptor to the Industrial Park was added to the Agenda. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE SEPTEMBER 2, 1980 CITY COUNCIL AGENDA. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED APPROVAL OF THE MINUTES OF THE AUGUST 18TH, 1980 .CITY.COUNCILMEETING. COUNCILMAN.ENGSTROM.SECONDED THE MOTION. THE MOTION PASSED 4";'0. 4. Open Mike No one appeared for this item. 5. Santwire Planned Unit Development Concept Plan The City Administrator indicated that Mr. Gary Santwire has asked the City of Elk River to perform the design services for his Planned Unit Development, and as such, the City Planner, Zack Johnson, has prepared a concept design to be presented to the City Council. Mr. Zack Johnson indicated the Planned Unit Development, consisting of approxi- mately 30 acres on the east side of Highway 169, was consistent with the Land Use Plan of medium density and highway commercial. Mr. Johnson indicated the design concept plan had approximately 9 acres of commercial area along the highway, served by a frontage road from 5th Street to Elk Hills Drive, and approximately 20 acres of residential, consisting of 6 single-family residences, 4 duplex units, 50 townhouses, 20 quad units and an apartment building with a total planned density of approximately 150 units. Mr. Johnson indicated the Planning Commission had suggested the City retain, by easement, the low areas for storm area drainage, with the control and maintenance of the areas to be by the development. Mr. Johnson further indicated th&t:thePl?-nrid.ng-.Gerimlission had suggested the street through the planned residential area be a linking roadway between 5th Street and Fawn Drive in the Elk Hills Subdivision. Councilman Otto expressed his concerns with the traffic problem that may develop at the Main and Highway 169 intersection. Mr. Johnson indicated that the traffic could move south to Main Street or north on Fawn Drive to School Street, and further indicated that it was probable that a traffic light would be in- stalled at Main and Highway 169 within the near future. Mayor Madsen indicated that a signal at Main and Highway 169 was a high priority. September 2, 1980 Page Two Councilman Toth expressed concerns of the citizens of the neighborhood, re- garding the apartment building now on the south side and an additional pro- posed apartment building on the north side. Mr. Jack Holmes, Mr. Jerry Berg, Mr. Serringer, Joyce Toth, Julie and Norm Kastendick, Dennis Rondeau, Mr. Leon Beaudry, Mr. Don Cooper and Mr. Jim Voight all. expressed their opposition to the proposed concept of linking the residential street in the P.U.D. to Fawn Drive. The concensus of the citizens was that the linking of the two streets would create excess traffic through Elk Hills, caused by the commercial district and the residential area.. Mr. Zack Johnson asked the Council and the citizens for comments regarding the concept of the Planned Unit Development. Concern of the proposed high density planned was expressed by Mr. Norman Kastendick, Jim Voight and Julie Kastendick. The general concensus of the citizens was the object- ion to the linking street. The City Administrator asked the City Planner, Mr. Zack Johnson, to present an alternative plan to the Council regarding the traffic problem. Mr. Zack Johnson presented Concept C., a plan with cul-de-sacs at the end of Line Avenue and at the end of Fawn Drive in the P.U.D., and a temporary cul-de-sac to the east of the P.U.D. with the same approximate density planned for the development. Councilman Duitsman indicated that the P1annea Unit Development should be serviced by the new sewer interceptor line rather than the sewer line to the south on 5th Street. Mr. Zack Johnson indicated that the preliminary proposal by the City Engineers was that the development could be gravity-fed to the 5th Street sewer line. Mayor Madsen indicated that Mr. Gary Santwire should proceed with preliminary plans for the Planned Unit Development, based on the Concept C. presented to the City Council. 6. Elk River Community Theater Request Mr. Les Anderson, Mr. Cliff Lundberg, and Elaine Anderson were present in behalf of the Elk Rive Community Theater, to request financial assistance for the organization. Mr. Les Anderson indicated the organization is ex- periencing financial difficulties due to increased costs of production and services, because of increases in costs of scripts, royalty fees, janitorial and electrical costs, and further indicated the organization would not be able to continue operating at a deficit in order to bring entertainment to the community. The City Administrator indicated that City staff had suggested the request be included with the Recreation Board request to be considered for the 1981 Budget. Councilman Duitsman asked if the organization had approached other organizations, for example, the United Fund, for financial support. Elaine Anderson indicated that there were, on occasion, grants available, which the organization does apply for when possible and available. Mayor Madsen indicated the request for $2,000.00 by the Elk River Community Theater, would be considered with the Recreation Board Budget request for the 1981 Budget. -, September 2, 1980 Page Three 7. Overlay Bids The City Administrator indicated that bids were received and opened on September 2, 1980, for bituminous overlay on Tyler Street, 195th Avenue, 197th Avenue, and Ulysses Street, with N.D.H., Inc. the apparent low bidder at $21:,585..75, and further indicated it was recommended that the Council award the contract and proceed with the project. COUNCILMAN ENGSTROM MOVED ADOPTION OF RESOLUTION 80~25. ACCEPTING THE BIDS FOR THE OVERLAY PROJECT AND AWARDING THE CONTRACT TO N .,D. H., INC.. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Sanitary Sewer Interceptor No action taken. 9. VanValkenburg Liquor License The City Administrator indicate that the necessary research had been done and that the City staff recommended approval of a liquor license for Rob VanValkenburg to operate the Sunshine Depot. COUNCILMAN OTTO MOVED APPROVAL OF THE LIQUOR LICENSE FOR ROB VANVALKENBURG TO OPERATE THE SUNSHINE DEPOT. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION~PASSED 4-0. 10. Planning Commission Appointments Councilman Engstrom appointed Millicent Bush, Councilman Otto appointed Martin Tracy, Councilman Toth appointed Don Driessen and Mayor Madsen appointed Dick Hinkle to the Planning Commission. Councilman Duitsman re- frained from making an appointment until the next City Council meeting. COUNCILMAN OTTO MOVED APPROVAL OF THE APPOINTMENTS TO THE PLANNING COMMISSION. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Campbell's Elk Bowl Softball Tournament Non-Intoxicating Malt Liquor License The City Administrator suggested the City Council consider a policy for the use of the ball fields for tournaments. The City Administrator indicated that it was City Staff's recommendation that a deposit of $100 be placed with the. City for the cleanup of the ball fields after the tournament and that a charge of '$50 per field, plus $12.00 an hour for the lights be charged, and further indicated that Jim Dingle, Chairman of the Recreation Board, was in support of the suggested fees. Councilman Toth questioned the amount of the fees, and expressed his opposition to the amount. COUNCILMAN ENGSTROM MOVED APPROVAL OF TEH POLICY FOR THE FEES CHARGED FOR SOFTBALL TOURNAMENTS AND MOVED APPROVAL OF THE NON-INTOXICATING MALT LIQUOR LICENSE TO BE ISSUED TO CAMPBELL'S ELK BOW. COUNCILMAN DUITSMAN SECONDE'DTHE M8TI0N': ; '"TI'HE',"MOTTON PASSED 3-1. COUNCILMAN TOTH OPPOSED. 12. Joint Powers Agreement The City Administrator indicated that the agre~ment sets forth the terms and conditions between the City of Elk River and Wright County for the replace- ment of the old Highway 101 Bridge, and further indicated that the language used is necessary for the granting agency of the project. The City Adminis- trator indicated that the County is the lead agency and is charged with the responsibility of the bridge for the purpose of the funding of the project. September 2, 1980 Page Four Councilman Otto asked if the County was the final authority on the project. The City Administrator indicated that the County and City would share equal responsibilities for the selection of the consultants to the project, the review of all documents relevant to the project, the approval of the bid, the award of the construction contract, and ~cceptance of the work. COUNCIL- MAN DUITSMAN MOVED APPROVAL OF THE ACCEPTANCE OF THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF ELK RIVER AND WRIGHT COUNTY, SUBJECT TO THE AGREEMENT THAT EACH SIDE IS RESPONSIBLE FOR THE DESIGN AND CONSTRUCTION OF THEIR ACCESS ROUTE TO THE BRIDGE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Purchase of Property Owned by George and Loretta Moos Mayor Madsen indicated that the new purchase price for the property was $42,250.00, with an 8% interest rate, rather than the original proposal of $40,000.00 at a 10% interest rate. Councilman Otto questioned the wording of the contract regarding the removal of the buildings on the property. r Mayor Madsen requested the City Administrator to redraft<the agreement to allow for the disposal of the buildings on the property. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE PURCHASE OF THE PROPERTY FROM GEORGE AND LORETTA MOOS AT $42,'250.00 AT 8% INTEREST RATE, SUBJECT TO THE AGREEMENT TO ALLOW FOR DISPOSAL OF THE BUILDINGS ON THE PROPERTY. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Non-Con Items A. Election Judges Salary Th~City Administrator indicated that it was recommended that the City Council authorize payment of $3.50 per hour for election judges in calendar year 1980. COUNCILMAN OTTO MOVED APPROVAL OF $3.50 PER HOUR IN PAYMENT FOR ELECTION JUDGES IN CALENDAR YEAR 1980. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Final Pay Estimate for Meadowvale Oaks Mr. Terry Maurer, of Consulting Engineers Diversified, was present to recommend approval of the final payment tos & L Excavating for the Meadowvale Oaks Project. Mr. Terry Maurer indicated that Consulting Engineers Diversifed had inspected and approved the work for the project and further indicated that there was a one year warranty on the work. COUNCILMAN TOTH MOVED APPROVAL OF THE FINAL PAYMENT TO S & L EXCAVATING FOR THE MEADOWVALE OAKS PROJECT. COUNCILMAr;r, ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Wastewater Treatment Plant Operator's Convention COUNCILMAN OTTO MOVED APPROVAL OF THE WASTEWATER TREATMENT PLANT SUPERINTENDENT TO ATTEND THE WASTEWATER CONFERENCE. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. September 2, 1980. Page Five D. Non-Intoxicating Ma.1t Liquor License for Fire Department Barn Dance COUNCILMAN OTTO MOVED APPROVAL OF THE NON-INTOXICATING MALT LIQUOR LICENSE FOR THE FIRE DEPARTMENT. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. E. Planning Grant -Farmer's Home Councilman Duitsman requested that the City Administrator apply for a grant through Farmer's Home for the sewer laterals to the Industrial Park. '15. Administrator's Update A. Orono Dam The City Administrator indicated that the Dam Project was still ahead of schedule and further indicated some changes were proposed, regard- ing the' concrete wall on the Nickerson property. The City Administrator indicated that Acton had proposed a straight wall, six to eight feet away from the trees, out toward the water, rather than the wall proposed by CH2M Hill. This proposal would avoid cutting down the trees and also decrease the cost for the easement. The City Administrator indicated that the added cost for the proposed wall would be approximately $1,600.00, primarily for fill material needed to place the wall further out into the water. The City Administrator further indicated that it was suggested that, in the agreement with Mrs. Nickerson, if any of her trees died due to the construction of the dam, the City would replace them. It was the concensus of the City Council to proceed with the proposal of the new wall in the agreement with Mrs. Nickerson. B.StateAidPayments The City Administrator indicated that>.he had attended a conference held by the Governor, Commissioner of Finance and Revenue, regarding the State Aid cutbacks. The City Administrator indicated that three-fourths of the 1980 State Aids and one-fourth of the 1981 State Aids \?ould be cut by 8.3%, which would mean approximately $17, QOE}' for' thel;,CH:yof > El'k<RiYer. The City Administrator indicated that it was proposed that this cutback would co:mp from. the March payment. 16. Tentative Agenda The Planning Commission appointment from Councilman Duitsman, the sewer interceptor, and Hobbit Hills Subdivision Public Hearing are all items tentatively scheduled for the September 15th, 1980 City Council meeting. 16~. Check Register COUNCILMAN OTTO MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED ,4-0. September 2~ 1980 Page Six ---, There being no furth~business, COUNCILMAN OTTO MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, DJYkf]; L~ F'hYl'ls BOedig::::; Deputy City Clerk/Treasurer PB:dkk