03-31-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MARCH 31, 1997
Members Present:
Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and
Holmgren
Members Absent: None
Staff Present:
Pat Klaers, City Administrator: Sandra Thackeray, City Clerk: Peter
Beck, City Attorney; Steve Ach, City Planner; Terry Maurer, City
Engineer; and Lori Johnson, Finance Director
1. Call Meetinq To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 5:O0 p.m. by Mayor Duitsman.
2. Consider Aqenda
The following items were added to the agenda:
2A.
2B.
2C.
Engstrom Memorial Fund
Downtown Handicap Parking Study
Perkins Flag Issue
COUNClLMEMBER FARBER MOVED TO APPROVE THE MARCH 31, 1997, CITY
COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
2A. En.qstrom Memorial Fund
COUNClLMEMBER FARBER MOVED TO SEND A MEMORIAL IN HONOR OF
ARNE ENGSTROM'S DAUGHTER. COUNCILMEMBER HOLMGREN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
2B. Downtown Handicap Parkin.q Study
Councilmember Farber indicated that he would like to reconsider the
handicap parking plan that was adopted by the Council on March 17.
He indicated that he did not receive the letter from John Purmort that was
supposed to be given to the Council regarding this issue. He further
indicated that because the issue concerns public safety, the police chief
should have been involved in the decision making process.
COUNClLMEMBER FARBER MOVED TO DISCUSS THIS ISSUE AT THE APRIL 21,
1997, CITY COUNCIL MEETING. MAYOR DUITSMAN SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
City Council Minutes
March 31, 1997
Page 2
4.1,
2C. Perkins Fla.q Issue
Councilmember Holmgren indicated that he would like fo rescind the
motion made by the Council on March 17 which allowed Perkins to have
a 50 foot flag pole. Councilmember Holmgren stated that he has
reviewed the issue and has decided that he would be in favor of allowing
Perkins to have their stondard 70 foot flag pole.
The City Attorney suggested that the request be brought back to the
Planning Commission cJnd City Council via a formal request by Perkins. He
indicated that if the Council rescinded the motion, Perkins would be
allowed a 35 foot flag pole as authorized by the original conditional use
permit.
It was the consensus of the Council to recommend that Perkins reapply for
a conditional use permit for the purpose of studying the flag pole issue,
and further that conditional use permit fees be waived.
Consider Council Minutes
COUNCILMEMBER FARBER MOVED TO APPROVE THE MARCH 10, 1997, AND THE
MARCH 24, 1997, CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Discussion on City's Growth Mana.qement Policy
Steve Ach indicated that according to the City's growth management policy, no
development in the sewer and water district along east and west Highway 10 is
allowed until utilities are available. Steve Ach indicated that he has received a
request from an existing property owner along East Highway 10 to construct a
free-standing building which would be in addition to the existing business. Steve
indicated that he anticipates receiving other requests of this nature.
The City Attorney informed the Council that deve!opment of new private septic
systems could affect the City's ability to assess for installation of sewer because it
may be difficult to prove benefit.
The Council indicated its concern that a policy was necessary to maintain
consistency with these types of requests. The Council consented to support a
new ordinance that would allow expansion of existing businesses, but would also
take into consideration future utility extensions and other infrastructure
improvements. The Council discussed the possibility of allowing expansion of
existing businesses in the eastern area, but not changing the ordinance as it
currently applies to the western area.
COUNCILMEMBER HOLMGREN MOVED TO INITIATE A TEXT AMENDMENT TO THE
ORDINANCE PERTAINING TO EXPANSION OF EXISITING BUSINESS WITHIN THE SEWER
AND WATER DISTRICT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 4-0-1. Councilmember Dietz abstained.
City Council Minutes
March 31, 1997
Page 3
4.2.
4.3.
Councilmember Dietz indicated that he would abstain on this issue until he sees
fhe draft ordinance.
Review of City Attorney Fees
City Administrator Pat Klaers reviewed the fee structure for city attorney. The
Council discussed the pros and cons of having a split fee schedule; one fee for
developers and another fee for the City. Councilmember Holmgren indicated
that he felt the city would save money with a full time attorney. The Council
discussed the fact that with the present system, the taxpayers are paying more
money for services.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE EXISTING FEE STRUCTURE
FOR CITY AI'I'ORNEY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION FAILED 2-3. Mayor Duitsman, Councilmember Thompson and
Councilmember Dietz Opposed.
MAYOR DUITSMAN MOVED TO AUTHORIZE THE CITY A'rl'ORNEY TO REVIEW
ADDITIONAL OPTIONS FOR THE EXISTING FEE STRUCTURE FOR COUNCIL
CONSIDERATION ON APRIL 21, 1997. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
Resolution Authorizing Execution of Sub-Grant Aqreement ISnow Removal Disaster
Relief
COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 97-24 A RESOLUTION
AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT WITH THE DIVISION OF
EMERGENCY MANAGEMENT IN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Discussion on City Capital Improvement Proqram (CIP)
The City Council discussed the following ClP items with the City Engineer:
Hi.qhway 169/197th Avenue Intersection Siqnal- It was noted that the city's
share for this project is approximately $30,000 and that funding would
have to come from the 1998 MSA allocation. It was the consensus of the
City Council to proceed with this project at this time.
Hi.qhway 169 Safety Issues - There was a general discussion about fencing,
lighting, a future pedestrian overpass bridge, flashing warning signs
regarding the signals, and extending the dual red timing of the signals.
Stop Si.qns - The City Council discussed the need for stop signs at 3rd and
Gates and on Freeport Avenue at the Elk Park Center entrance.
COUNCILMEMBER THOMPSON MOVED TO HAVE A RESOLUTION PREPARED
FOR CONSIDERATION AT THE NEXT MEETING WHICH CALLS FOR THE
INSTALLATION OF A FOUR WAY STOP INTERSECTION AT FREEPORT AVENUE
City Council Minutes
March 31~ 1997
Page 4
AND THE ELK PARK CENTER ENTRANCE OF HIGHWAY 169. COUNClLMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO HAVE A RESOLUTION PREPARED
FOR COUNCIL CONSIDERATION WHICH CALLS FOR A TRAFFIC STUDY TO
DETERMINE THE NEED FOR A FOUR WAY STOP INTERSECTION AT GATES
AVENUE AND 3Rc~ STREET. COUNCILMEMBER THOMPSON SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
EAW for East Elk River - Councilmember Dietz requested an update on the
need for and status of an EAW for the east Elk River trunk public
improvement project.
Simonet Drive Intersection - Councilmember Holmgren requested an
update on the status of the Simonet Drive and Highway 10 work.
County Lonq Ran.qe Transportation Plan - A Sherbume County Citizen
newspaper article on the county long range transportation plan was
distributed and discussed.
Petition for Streets, Utilities - The City Council was advised that the city has
received a petition for streets and utilities for the outlets associated with
the Country Crossing 3rd Addition. This project affects existing
homeowners on Riverview Drive and Macon Street south of County Road
30. It was noted that the existing homeowners have previously been
advised that they would be treated in a similar manner as to the property
owners on Fresno Street in 1993 whereby they would be assessed for street
and storm sewer work but not for municipal sewer and water unless they
hooked up to the system.
The City Administrator reviewed with the City Council the 1997-98 streets projects
as outlined in his March 24, 1997, memo. The Council discussed these projects as
follows:
· Lowell Avenue - City share of $47,500 from the capital projects (CP)
fund.
· Joplin Street south of County Road 30 - City share of $101,000 from the
CP fund.
· Joplin Street signal at Highway 10 - City share of $76,000 from the CP
fund.
· North Joplin Street Frontage Road - City share of $81,500 from the CP
fund.
· 197th signal - previously discussed.
· County Road 1 - A 100 percent county funded project.
· County Road I Trail - City share of $25,000 from the city park dedication
fund.
· County Road 1/Highway 10 Intersection - City share in the $60,000
range from the 1998 MSA allocation.
· Simonet Drive - 100 percent MnDOT funded.
City Council Minutes
March 31, '.997
Page 5
· 171st Avenue and Ulysses Street- City share balance of $34,000 from the
CP fund.
· Jarvis Street and 156m Avenue - This is a petitioned project with no
planned city contribution. Concern was raised over the assessment
amount to the property owners on the east side of Jarvis. Possible use
of Jarvis Street by a contractor in the city of Ramsey was discussed.
Council requested that this feasibility study be forwarded to them for
review and action.
· King Avenue and Main Street - No improvements planned, but this
could change with the type of use that goes into this redevelopment
project.
· Dam Bridge Railing - City cost of approximately $21,000 from the street
reserve fund. The Council needs to approve this expenditure before
the project proceeds forward.
· Highland Road Sidewalk - Will be discussed at a future ClP meeting.
· WAtll and County Petition for Public Improvements - A petition is
expected from the county which would extend Business Center Drive
through its property and would provide for the looping of the water
system. This would necessitate assessments to the Gagne property.
Total cost of the project approaches $500,000 and the city cost would
be approximately $20,000 of this total for the oversizing of the
watermain. The improvement may require the City taking on the
cooperation from Mr. Gagne for obtaining right of way for the public
improvements.
· Railroad Crossing Work at Main Street and Jackson Avenue - Railroad
funded project with a small participation by the city for street repair
work.
· Dodge Avenue and 5~h Street - The city is awaiting a petition from the
property owners and there would be a substantial participation level
by the city from either its CP or street reserve fund.
Reconstruction of Old Core Village Streets and Sidewalks - The City
Council directed the Street Superintendent to put together a 5-10 year
plan for the overall reconstruction of the old core village streets and
sidewalks based on need and including cost estimates for assessments
and city participation.
· Highland Road Work at the Curve - Cost estimate is being put together
by the City Engineer for City Council review at a future ClP meeting.
· Country Crossing 3rd OutJots - Previously discussed.
· Lake Orono 3rd - Project ordered by the city on 3/3/97.
The City Administrator reviewed with the City Council Page 4 of his 3/31/97 CIP
memo. Discussion took place regarding the need for a dependable recurring
source of revenues for the city's share of street projects. Use of the city wide tax
levy was discussed and a concern was expressed about possible levy limits being
imposed upon municipalities by the state legislature this year.
The City Administrator indicated he needed a motion from the City Council
regarding the Highway 169 safety issues.
City Council Minutes
Marct~ 31, 1997
Page 6
o
o
COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE CITY ADMINISTRATOR TO
SEND A LE1TER TO MNDOT WHICH REQUESTS 100 PERCENT PARTICIPATION FROM
MNDOT FOR THE FENCE AND LIGHTS IN EXCHANGE FOR THE CITY ASSUMING
MAINTENANCE RESPONSIBILITY FOR THE LIGHTS AND FENCE. COUNCILMEMBER
THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Assistant City Administrator Lori Johnson reviewed with the City Council the
process for i'~suing bonds for the municipal liquor store project. The Council
requested that local banks be contacted to determine if they were interested in
participating in this project. If no local banks padicipate, Lori indicated that this
bond would be directly negotiated with Daugherty Dawkins. The City Council
had no problems with this direct negotiation.
City Planner Steve Ach reviewed with the City Council some of the timing issues
for the east Elk River trunk utilities project as it relates to a petition from the
developers of the Waddy Schultz properly.
It was noted that the ec:st Elk River utilities project will go through the Earl Hohlen
property. The Council requested that the mobile home ordinance that was
adopted on 3/17/97 be presented to them again to clarify any possible
misunderstandings about responsibilities for the cost of the appraisal and the fact
that the tenants have the choice of relocating or selling.
The City Council discussed the status of the municipal liquor store building once
the new Nodhbound project was completed. The Council indicated that it did
not want to lease this facility at this time until it decided whether or not it could
be put to some community wide use.
The City Administrator requested permission to pursue the purchase of an
administration vehicle as identified in the equipment reserves budget. By
consensus, the City Council indicated that this was acceptable.
The City Administrator indicated that the city is receiving a positive response from
Naples Street residents regarding providing the city an easement in exchange for
upgrading the gravel road. The city would then maintain the road.
Councilmembers Holmgren and Thompson requested that the Park and
Recreation Commission seriously consider acquiring additional park land on the
east side of Highway 169, maybe in the Hillside development project.
Staff Updates/Other Business
Nothing was presented.
Adjournment
There being no fudher business, COUNCILMEMBER FARBER MOVED TO ADJOURN
THE COUNCIL MEETING. COUNCILMEMBER THOMSON SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
City Council Minutes
March 31, 1997
Page 7
The meeting of the Elk River was adjourned at approximately 7:45 p.m.
Respectfully submitted,
Sandra Thackeray ( j
City Clerk ,,
Patrick Klaers
City Administrator
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