Loading...
05-12-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 12, 2003 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, Director of Planning Michele McPherson, City Engineer Terry Maurer, City Attorney Peter Beck, Finance Director Lori Johnson, Chief of Police Jeff Beahen, Fire Chief Bruce West, and City Clerk Sandra Peine Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor ICdinzing. Consider 5 / 12/2003 Agenda Councilmember Dietz asked to be added to the agenda under Other Business. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda Mayor Klinzing requested that the meeting location be corrected to reflect the Sherburne County Government Center in the 4/28/03 Board of Review minutes. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3,4. 3.5. CITY COUNCIL MINUTES · 4/21/2003 CITY COUNCIL MINUTES · 4/28/2003 BOARD OF REVIEW MINUTES CHECK REGISTER RESOLUTION 03-30 SUPPORTING THE DEVELOPMENT OF A NON- MOTORIZED TRAIL EXTENDING FROM ELK RIVER TO PRINCETON FOLLOWING THE BURLINGTON NORTHERN RAILROAD BED APPOINTMENT OF RENEE MORRIS TO POLICE RECORDS CLERK POSITION EFFECTIVE APRIL 30, 2003, AT THE TOP LEVEL OF PAY GRADE 6 REQUEST TO HIRE FIVE SUMMER WORKERS FOR THE STREET/PARK DEPARTMENT TEMPORARY 3.2 PERCENT ON-SALE BEER LICENSE FOR THE CHAMBER OF COMMERCE FOR THE 4TM OF JULY EVENT AT LAKE ORONO City Council Minutes May 12, 2003 Page 2 COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike 5.1. No one appeared for open mike. Request by Nate/Debbie Hildenbrand for an Administrative Subdivision, Public Hearing - Case No. AS 03-01 Director of Planning Michele McPherson indicated that Nate and Debbie Hildenbrand are requesting an administrative subdivision to create two parcels. Ms. McPherson reviewed the staff report, which included a description of the site septic issues, grading and drainage, and park dedication requirements. Mayor I~dinzing opened the public hearing. There being no one for or against the matter, Mayor K_linzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO APPROVE THE HILDENBRAND ADMINISTRATIVE SUBDIVISION REQUEST WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. PARK DEDICATION FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Consider Resolution Amending Existing and Establishing New Planning Fees Planning Director Michele McPherson indicated that the Planning Staff is proposing an increase in some of the planning fees so that the fees cover a larger portion of the expenses incurred by Staff: Ms. McPherson reviewed the proposed increases. She noted that new fees for requests for property information are also being proposed. These fees will cover some staff time for providing reformation. Sherbume County is also providing this information at no charge via its website. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-31 ADOPTING FEES FOR SERVICES FOR 2003. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Consider Contract Awards for Public Safety and City Hall Projects Finance Director LoriJohnson reviewed the bids that were received for irrigation and awnings for the Public Safety/City Hall projects. She indicated that it is staff's recommendation to award the bids to the lowest bidder. City Council Minutes Page 3 May 12, 2003 The Finance Director also noted that bids for the fence have been received. She indicated that the bids came in twice as high as budgeted and requested that the Council reject the bids and authorize staff to re-advertise for the fence bids. Councilmember Mofin asked about the future change order amount in the May 6, 2003, project summary and the Finance Director responded that the figure is an estimate from the architects. COUNCILMEMBER MOTIN MOVED TO APPROVE THE FOLLOWING BIDS: IRRIGATION BID TO GREENSCAPE LANDSCAPING IN THE AMOUNT OF $28,975.00 FOR THE PUBLIC SAFETY, CITY HALL, AND UTILITIES PROJECTS · AWNINGS BID TO HOIGAARDS IN THE AMOUNT OF $15,950.00 FOR THE CITY HALL AND UTILITIES PROJECTS AWNINGS BID TO HOIGAARDS IN THE AMOUNT OF $3,575.00 FOR THE PUBLIC SAFETY PROJECT COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO REJECT THE FENCE BIDS DUE TO THE BIDS BEING TWICE AS HIGH AS ESTIMATED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Consider Resolution Adopting Final Assessment Roll in the Matter of the Pavement Rehabilitation Improvement of 2003, Public Hearing City Engineer Terry Maurer reviewed the project scope and the assessment issues related to the project. He indicated that the assessment rate for the 2003 Street Rehabilitation project is $5,000 per residential unit, with the Handke school property, city library, churches and commercial establishments proposed to be assessed additional residential units. Mr. Maurer indicated that the assessment is proposed at 7 years for $5,000 assessments and 10 years for those over $5,000. He indicated that if requested by a property owner, the 7-year payment period could be extended to 10 years. The City Engineer indicated that it would be difficult to install sidewalks in some areas without impacting mature vegetation. He recommended that the Council authorize the installation of sidewalks only in areas that do not impact mature vegetation. The City Engineer indicated that after reviewing traffic counts on the west end of Fourth Street, he is recommending that the street width be reduced from 42 feet to 38 feet. He indicated that the traffic counts do not warrant a 42-foot street width. The churches at the west end of Fourth Street requested that the street be maintained at 42 feet in order to provide a safe, on-street parking area for Sunday service. The City Engineer recommended that the Council not adopt the assessment roll or award the bid on the project until the City knows the results of the State Legislative Session and how any adopted bills will affect the City's ability to fund the project. City Council ,Minutes Page 4 May 12, 2003 The City Engineer indicated that in order to preserve the right to appeal, property owners must submit a letter in writing to the City Clerk prior to, or during, the assessment hearing this evening. Andy Bown - 1004 Main Street - Mr. Bown indicated that he lives on a corner lot and was previously assessed for the Mare Street project. He indicated that he did not feel he should be assessed again for this project. The City Engineer indicated that there are three residential parcels in this project that were previously assessed in 1989 for the Main Street project. Of the three residential properties assessed for Main Street, the largest street assessment was $1,638. Rosemary., representative of Holy Trinity. Episcopal Church - She indicated that one of the parcels for which they are being assessed two units should be reduced to one unit because half of the parcel is owned by someone else. She noted that the address of the property is 413 Qumn Avenue. She also requested the Council to consider a 42-foot width street for Fourth Street. Tom Brown - 1118 4th Street, representative of the Union Church - Mr. Brown indicated that the Church is being assessed for 6 units and stated that there are actually only 4 lots. He requested they be assessed for 4 lots and suggested that the Council review the criteria for assigning assessment units. Andrea Davies - 1020 4th Street - Ms. Davies indicated her concern with flooding she has experienced in her back yard. She questioned whether the project would resolve the flooding issue. The City Engineer indicated that the project would not solve the flooding from Highway 10, however, it should eliminate drainage problems that may be caused by runoff from Fourth Street. Ms. Davies also questioned whether she would be getting a sidewalk in the area. The City Engineer indicated that she would receive a sidewalk. Kathy Monson - 431 Rush Avenue - Ms. Monson indicated that she lives on the comer of Rush and 5th Street and questioned if she would only be assessed for Rush Street. The City Engineer indicated that she would only receive one assessment for Rush Street. Ms. Monson indicated that there are mature trees in her yard and questioned whether a sidewalk would be installed. The City Engineer indicated that a sidewalk is planned and it is probable that it can be installed without damaging the trees. There being no further comments, Mayor Klinzing closed the public hearing. Councilmember Dietz suggested giving credit toward the assessment for those residential property owners that previously paid for the Main Street project in 1989. Councilmember Dietz also suggested leaving Fourth Street at 38 feet. Councilmember Motin felt that property owners who have been assessed for a project should not be assessed again. He indicated that this has been a standing policy of the Council. Councilmember Tveite concurred with Councilmember Motto. COUNCILMEMBER MOTIN MOVED THAT THE THREE RESIDENTIAL PROPERTIES THAT WERE ASSESSED IN 1989 FOR THE MAIN STREET PROJECT BE EXCLUDED FROM THE STREET REHABILITATION PROJECT ASSESSMENT ROLL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED. City Council Minutes May 12, 2003 Page 5 The Mayor asked the City Clerk to read the assessment appeals and enter them into the record. Appeals: Andrew Bown - 1004 Main Street - Appeal requesting to be excluded from the assessment because the property was previously assessed for the Main Street project. The Council noted that this appeal becomes a moot point as a motion was made and approved to exclude those parcels that had been assessed for the Main Street project. The Council took no action on this appeal. Thomas Brown - Union Congregational Church - Parcels 75-408-0355, 0360, 0365 and 0370 -Appeal requesting that the number of units be reduced from six to four for a total assessment of $20,000. COUNCILMEMBER TVEITE MOVED TO DENY THE APPEAL BY UNION CONGREGATIONAL CHURCH BASED ON THE CITY ENGINEER'S REPORT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Kuester indicated that she feels two of the lots of the Union Congregational Church could be combined into one lot. She requested staff bring the issue back for Council discussion at the time the assessment roll will be adopted. 6.3. Boston/Concord Street Improvement City Engineer Terry Maurer indicated that bids for the Boston Street/Concord Street improvements were opened. He indicated that the low bid was in the amount of $345,000, which is in line with the feasibility study. He indicated that the assessment hearing is scheduled for June 9, 2003. Consider Resolution Determining Assessment Cost and Ordering Preparation of Assessment Roll COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-32 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF BOSTON AND CONCORD STREET IMPROVEMENT OF 2003. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Resolution Establishing the Date for the Assessment Hearing COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-33 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE BOSTON AND CONCORD STREET IMPROVEMENT OF 2003. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes May 12, 2003 Public Participation Summary. Page 6 The City Engineer reviewed the information that was provided from the public informational meetings. 6.4. Consider Request to Hold Renaissance Fair at the Sherburne County Fairgrounds The City Clerk indicated that Rob Gilbertson is requesting to hold a Renaissance Fair at the Sherburne County Fairgrounds on Saturdays and Sundays from May 31 through June 29. The City Clerk indicated that Mr. Gilbertson has contracted with Time Out Restaurant and Sports Bar to sell liquor at the event. She noted that Minnesota Statute 340A.404, Subd. B, allows the City Council to allow a liquor licensee to dispense into.,dcating Liquor off premises at a community festival. The City Clerk noted that Time Out Restaurant and Sports Bar has provided the required liquor liability insurance to cover the event. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE TIME OUT RESTAURANT AND SPORTS BAR TO DISPENSE LIQUOR AT THE RENAISSANCE FAIR IN THE BEER GARDEN AT SHERBURNE COUNTY FAIRGROUNDS ON SATURDAYS A_ND SUNDAYS FROM MAY 31 THROUGH JUNE 29 FROM 10:00 A.M. TO 7:00 P.M. AND FROM 8:00 P.M. TO 11:00 P.M TO THE VENDORS AND STAFF. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mr. Gilbertson addressed the Council in regard to the Renaissance Fair. Police ChiefBeahen and Fire Chief West also addressed the Council relating to security, fire, and safety issues. A representative from Time Out Restaurant and Sports Bar addressed the issue of liquor sales. Mayor Kdinzing suggested notifying the neighbors regarding the event. Councilmember Tveite indicated that he is a member of the Sherbume County Fair Board. He indicated that the Fair Board has given its approval for the event to take place. 6.5. HRA Update Councilmember Motin provided an update on the April 28, 2003 HRA meeting. Councilmember Motin indicated the desire of the HRA to know more about the housing project being worked on for east Elk River. 6.6. Transitional Housing Program Update Mayor Klinzing updated the Council on the status of the transitional house that the City is leasing which is located by the Elk River Country Club. She noted that the program is going very well. The Mayor indicated that the City currendy has another house that could potentially be used for transitional housing. She indicated that the house is the Bailey home located by the Library. The Mayor asked whether the Council was interested in leasing this house for the purpose of transitional housing. Councilmember Dietz requested the City Administrator see what the market rent rate would be for the house if the City decided to rent the house. It was the consensus that the City Administrator would report back to the Council regarding market rate rental. City Council :Minutes May 12, 2003 6.7. Consider Dates for Sherburne County. Board of commissioners Meeting and Review Summer Meeting Schedule Page 7 The City Administrator inclicated that the County Board has requested that the joint meeting be held on Tuesday, May 27, 2003. The City Administrator indicated that the meeting will be held at the Government Center and he would have the Council call a special meeting for this date at the May 19 Council meeting. Director of Planning Michele McPherson updated the Council on the Comprehensive Plan process. She noted that July 17 and July 31 have been scheduled for special joint meetings with the Council, Planning Commission, and Comprehensive Plan Task Force. COUNCILMEMBER MOTIN MOVED TO CALL SPECIAL MEETINGS OF THE CITY COUNCIL FOR JULY 17 AND JULY 31, AT 6:30 P.M. AT LIONS PARK CENTER FOR THE PURPOSE OF REVIEWING THE COMPREHENSIVE PLAN. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business Councilmember Dietz questioned if the Council had any comments on the issue of the Utilities wage increase. No comments were offered. 8. Staff Updates 8.1. Updates on State Legislative Session, Ci.ty Budget, and Public Safety/City Hall Project The City Administrator reviewed his memo and provided updates on the State Legislative Session, the City budget and the status of the public safety/city hall project. The Council took no action on finishing the second level of the Police Station. It was noted that the furniture bids are expected to be finalized soon and that the total requires use of some contingency funds. 9. Adjournment There being no further business, Mayor IClinzing adjourned the meeting of the Elk River City Council at 9:07 p.m. Sandra Peine City Clerk