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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 He indicated that if the Council rescinded the motion, Perkins would be allowed a 35 foot flag pole as authorized by the original conditional use permit.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 \\elkriver\sys\shrdoc\minutes\co033197.doc