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07-09-1979 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE SHERBURNE COUNTY COURTHOUSE July 9, 1979 Members Present: Mayor Madsen, Councilmembers Toth, otto, Engstrom and Duitsman. Members Absent: None. 1. Meeting called to order at 7: 30 p. m. by Mayor Madsen. 2. Agenda Consideration of a non-~()xicating malt liquor licen.se for the Elk River Lion's Club was added as #14B. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED 4-6. 3. Minutes COUNCILMAN TOTH MOVED APPROVAL OF THE MINUTES. OF. THE JUNE is As 1979, CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION P SED 4-0. 4. Open Mike A. Mel Boyd appeared before the City Council to clarify provisions in the proposed lease agreement in the space formally occupied by Liquor Store #1. Mr. Boyd indicated that it was his understanding in the original discussions concerning the lease that taxes would be included in the rent payment and that he would not have to pay them. Mr. Boyd indicated' that to add taxes on top of the established rent payment with cost necessary to renovate the pro- posed lease area would cause tberent payment to be in excess of what Mr. Boyd could afford.. COUNCILMAN DUITSMAN MOVED TO REDUCE MR. OOYD'S RENT PAYMENT ON A YEARLY BASIS BY THE AMOUNT OF PROPERTY TAXES TO BE PAID SUCH REDUCTION TO OCCUR IN THE FIRST YEAR THAT TAXES MUsT ACTUALL'.f BE PAI~ BY MR. roYD. COUNCILMAN ToTH sEcONDED THEe.MOTION. MOTION PASSED 4-0. B. Open Mike Reports. Councilman otto asked what the situation now was with Mr. Mark Palmer and the speeding problem on Meadowvale Road. The City AdIlli.nistrator indicated that since the last City Council meeting, only one 'c()tnpUdnt had been received from Mr. Pa~er regarding speeding on Meadowvale Road. At the time, the Elk River Police responded to the complaint and on two succeeding days, a Police Officer was brought in on an overtime basis to run radar specifically in the vicinity of Mr. Palmer's home. The City Administrator indicated that two citations were issued while the radar was in use and that the average spe~d of vehicles traveling through the area was less than the speed limit;lncthe area. The Administrator indicated that further complaints would be responded to by the City, but that it was difficult to do more than what was currently being done by the Police Depart- ment. 5. Peterson Addition The City Administrator indicated to the City Council that, in addition to the Plans and Specifications to be considered at tonight's meeting, other concerns should be addressed by the City Council which have developed in the last two weeks. The' Administrator indicated that preliminary plat proposals for two subdivisions north of the Peterson Addition had been received Which have the affect of creating a solid line of contiguous subdivision from the Burlington Northern Railroad tracks at the south to County Road 32 in the north. The . questions posed by these subdivisions are, (1) who i,s a$,,,e~.~edt01".therai1 ... crossing? (2) 'lfhat roadways are built and who, in fact" pays for those road- wayS? The Administrator indicated' that after a staff review, it was ,recommended that the rail crossing be constructed in the interest of the hea1th,safety and welfare of residents in the area and that the cost of the rail crossing be assessed to all individuals from the railroad tracks in the south to the County Road 32 in the north who might have access to the rail crossing. In addition, the Administrator indicated that it was recommended that a bituminous roadway be constructed from the Burlington Northern Railroad tracks in the ' south through the Peterson Addition, the proposed Christian Addition' arid the proposed Coleman Addition and link with County Road- 32 in the north, and that said,rq~~~ay be assessed to ,benefiting properties. The Administrator indicated that the., C0ur;1~i1 need nqt take action on' these questions or concerns at tonight's meeting, but that they shoUld be recogidzed by' the' Council' arid at some point in the future formal action would be required by the City Council. Two petitions were presented,to the members of the City Council by residents 4 in the area of the Peterson Addition., One petition requestedt.heCity Council to leave the roads ':in the Peterson' Addition' in their current stat.e,. arid' riot to improve theroaclswith bitUminous surfacing. The second pet.ition requeSted the City to arrange a conference between Peterson Addition 1andowners"the Burlington Northern Railroad and the City of Elk River to determine under what conditions the private rail crossing servicing the Peterson Addition could remain private and available for general use. Mr. Doug Sehuster, one of the individuals who signed and presented the petit.iotl to the.Counei1, asked if the City Council 'had considered assessments for the proposed.rai1 _, crossing to service the Peterson Addition for future subdivisions to the , east and west of the area' in question which may have access to the rail crossing. Mayor Madsen indicated that all benefited areas would be ,assessed fo~a portion of the cost of the rail crossing. Mr. Schuster then asked the Council if the cost of the project was reasonable and was the Burlington Northern Rai1road,)n fact, increasing the price so as to dissuade t.he City from. constructi:ng tl).e r4i1 crossing. . . Mr~Ly1e' Swanson, the' City's .engineer<::Ql1 this project, indicated that in his estimation the' Price was reasonable and that it was required that the railroad build the crassing, not the City f)f Elk River.. Mr. Cliff Lundberg asked the members of the City C.ounci1 if it might not be advisable to wait on the. Peterson Addition road improvement and rail crossing until such time as more is known about the crossing and the need for roads in the area, and then do the entire project from the Peterson Addition north to county Road 32 at one time. Mayor Madsen indicated that over the past several months public hearings had been held and that re.sidents .indicated that they wanted a rai1crossing constructed and not a roadway to the north, and as such, this action was being implemented by the City Council. Mr. Lundberg indicated that perhaps not enough options were presented to residents '.at . that time, such as negOtiating for a continued private rail crossing. Mr. John Miller, an attorney representing residents in the area, indicated to the Council that the Burlington Northern Railroad would under no conditionsall()1f a private rail crossing because of the liability and responsibility which would fall upon the Burlington Northern Railroad in the event of an.acci<ient or death. Mr. Miller indicated that the Burlington Northern Railroad' had' stated' that in order to have a public crossing, it is necessary to have also a PUblic street, and as such,it would not be pOssible to have a rail crossing and gravel streets . not accepted by the City of Elk River in the Peterson Addition. Mr. Dave peterson' Minutes July 9, 1979 Page 2 addressed the City Council and indicated that a majority of residents in the area had signed the petition received by the .Counci1 this evening, and as such, their views should be recogruzed and acted upon. Upon review of' the petitions, it was determined that in fact a majority of parcel owners in the.Peterson Addition had not signed the petition. Mr. Lundberg indicated"to the Council that he felt the crossing was. entire~ too grandiose for what he te~a Mighborhood road, :_ as such.,was mmeceslS~. . In further reviewing the petitions received by'the City Council, it was determined that an incorr~ct parcel number had appeared on the petition and that parcel #30 indicated on the petition was, in .fact, not part of the Peterson Addition. - Mr. Lyle Swanson reviewed the plans and specifications for the proposed Peterson road improvement with the members of the City Council. There being no questions by the City Council, COUNCILMAN DUITSMAN MOVED TO APPROVE THE PLANS AND SPECIFI~. CATIONS FOR THE PROPOSED PETERSON ROAD IMPROVEMENT . COUNCILMAN 0'l"l'O SECONDED THE MOTION. MOTION PASSED 4-0. COUNCILMAN OTTO MOVED TO AUTHORIZE THE ADVERTISEMENT AND TAKING OF BIDS FOR THE PROPOSED PETERSeN ROAD IMPROVEMENT . SUCH BIDS TO. ACCEPTED UNTIL AUGUST 3, 1979, AT 3:00 P.M.. AT WHICH TIME THEY WOULD BE OPENED AND READ PUBLICLY. COUNCILMAN TOTH SECONDED THE MOTION. MOTION PASSED lV-O. 6. Dut.ch.Elm and Oak Wilt' Disease Program The City Administrator brief~' reviewed the 1979-1980 program for diseased tree removal in the State of Minnesota. The AdmiIlistrator indicated that $25,~' had been &pPropr;1;atetl-by the State of Minnesota for diseased tree control in 1979-1980, and that the City or Elk River had $7,550 to spend in calendar year 1979 for dutch elm and oak wilt control. The Administrator indicated that it was necessary for the City Council to approve Resolution' 79-13 in order to qualify for state reimbursement of dutch elm and oak Wilt' expenses in 1979. Members of the Council asked that certain items which caused problems in last years diseased tree program, such as reimbUrsement to private home owners be clarified in this year' 5 program. COUNCILMAN TOTH MOVED APPROVAL OF RESOLUTION 79-13 AUTHORIZING SUBMISSION OF A SHADE TREE PROGRAM APPLICATION AND APPROVING THE SHADE TREE BUDGET FOR 1979. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4.-0. The Administrator indicated that negotiations would begin with tree contractors and that a recommendation would be forthcoming to the City Council at the next regular meeting on selection of a City contractor for required dutch elm and oak wilt diseased tree removal. 7. Orono Dam The City Administrator reviewed the full application for Housing and Urban Development funds to repair the Lake Orono Dam with members of the City Council. Specifically reviewed by the Council were the Housing Assistance plan, the needs assessment, the proj,ct summary and a cost summary for the project. The Council did not review again the citizen participation p1an,as it' had been reviewed and approved by the Council at a prior meeting. The City Administrator also reviewed for the City Council an estimated time table for the Lake Orono Dam project and indicated that it may be possible to begin construction on said project some time in the month of October, 1979. . Mayor Madsen opened the public hearing on the full application and asked any individual who wished to speak on the item to do so at this time. No individual appeared before the City Council arid Mayor Madsen closed the public hearing. COUNCILMAN TOTH MOVED APPROVAL OF RESOLUTION 79-14 DESIGNATING THE SOURCE OF AND COMMITTING LOCAL FUNDS FOR THE REPAm OF THE LAKE ORONO DAM. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. CetJRCIlJ(AN OTTO MOVED APPROVAL OF RESOLUTION 'l~ APPROVING THE FULL APPLICATION FOR U.S. HOUSING AND URBAN DEVElOPMENT FtfNbS FOR TffE REPAIR OF LAKE ORONO DAM AND AUTHORIZING SUBMISSION OF THE SAME. . COUNC,ILMAN. ENGSTROM SECONDED THE MOTION. M:>TION PASSED 4-0. 8. Old Hi~war. 101 Bridge COUNCILMAN TOTH MOVED APPROVAL'OF RESOLUTION 79-15 DESIGNATING..~~x~PORTION OF THE OLD" HIGHWAY 101 BRIDGE AND OLD HIGHWAY 101 F'R(JtMAINSTREET AS PART OF THE CITY'S MUNICIPAL STATE .AID HIGHWAY SYSTEM. "COUNCILMAN" DUITSMAN" SECONDED THE MOTION. . MoTION PASSED 4-0. . 9. McChesney Industrial Park Improvement Project Jeff Roos, of Consulting Engineers Diversified, reviewed the plans and s~cifications for the street storm sewer, sanitary sewer and water ~ension required for the McChesney" Industrial. Park improvement project~with the members of the City Council. Thfjre being no.quest:i.o~s.~~.~~f!.~~~" . E~~!eMi_; SPECIFICATIONS AND ORDERING THE ADvi!arfiSEMENT, FOR BID.~PECTIVELY WITH A . BID OPENING DATE OF AUGUST ~,; _1979, AT 3:00 P.M. C~CILMAN. ., DUITSAAN SECONDED THE MOTION. MOTION PASSED 4-0. 10. Purchase of cash registers for Liquor Store COUNCILMAN OTTO MOVED TO AUTHORIZE THE RJRCHASE OF TWO SHARP CASH REGISTERS P'GR THE NORTHBOUND LIQUOR STORE IN THE AMOUNT OF $2,150 TOTAL. . COUNCIUtAN . TOTH SECONDED THE MOTION. . MOTION PASSED 4-0.. . .>' 11. Vacation of Street Easement south of Highway 10 and adjacent to Cleveland Street The City Administrator reviewed the request for vacation of street easement !orthe members of the" City. Council and indicated that it is necessary for City Council to adopt a resolution formally.vacat.ingthe streeteasement~ Councilman Duitsman asked if Mr. Dennis Anderson had been informed of the street vacation request and was informed by the City Administrator that the vacation of the easement had been advertised for two weeks in. a local paper and that a message had been left with Mr. Anderson on July 9, which as of this time, was unreturned. COUNCILMAN DUITSMAN MOVED TO TABLE ,ACTION, ON" THE STREET VACATION UNTIL THE NEX'l' REGULAR CITY COUNCIL ~rJ.NGANl!) 'It. CON'!'lNUE ~~=~. THAT D~TE" COONCILMAN ENGS'l'ROM' SEOONDEl> ~~~i~;.~ 12. City Audit Business The City Administrator reviewed the cost of proposals for the 1979, audit by Olsen, Thielen & Co. and Anfinson, Hendrickson & Co. for the City Council and indicated that the costs were essentially comparable for the entire.atiditand also for hourly services which might be required in additic;;m to thealldit. The Administrator indicated that in revieWing the proposals, it appeared that the. most intimate knowledge of the City's problems and accounting, practices was held by Mr. Frank Kramer and Joe Kmetz,. now of Anfinson, Hendrickson & Co. . ~ Minutes July 9, 1979 Page 3 The Administrator also indicated that Anfinson, Hendrickson &: Co. owned an in-house computer which the City may wish to use at future date; whereas, Olsen, Thielen &: Co. did not have such direct access to a computer. It was the Administrator's recommendation that the auditing firm of Anfinson, Hendrickson &: Co. be retained to perform the 1979 audit. O~lman Duitsman indicated that he agreed with the Administrator's comments. COUNCILMAN ENGSTROM MOVED TO RETAIN THE FIRM OF ANFINSON t HENDRICKSON &: CO. FOR THE 1979 AUDIT ON THE BASIS. OF A NOT TO EXCEED BUDGET FlOURE OF $6,250. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-Q. 13. School Signing Program It was the concensus of the City Council that this item be tabled until the members of the Council had more detailed information to review on the matter. 14. No~om Items 15. Tentative Agenda Items tentatively to be discussed at the next City Council meeting included: 1. The City's tree contractor for 1979, 2. School signing program, 3. the street vacation south of Hwy. 10 and adjacent to Cleveland St., and a barrier at the end of Eightb.S\r$et to prevent motorcycle and snowmobile traffic. 16. Check Register COUNCILMAN ENGSTROM MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PAsSED 4-Q. COUNCILMAN TOTH MOVED THE MEETING BE ADJOURNED. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-Q. Meeting Adjourned. Respectfully Submitted, 4c'~~ Robert C. Middaugh City Administrator RCM:adb