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04-28-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APR!L 28, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator: Phil Hals, Street/Park Superintendent: Fritz Dole]s, Northbound Manager~ Lori Johnson, Assistant City Administrator: Tom Zerwas, Chief of Police; Dave Sellergren, City Attorney; Debbie Kleckner, Recording Secretary 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 6:00 p.m. by Mayor Duitsman. 2. Consider Aqenda COUNClLMEMBER FARBER MOVED TO APPROVE THE COUNCIL AGENDA. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. CONSIDER APRIL 3, 1997, CITY COUNCIL MINUTES - APPROVED CONSIDER APRIL 21, 1997, CITY COUNCIL MINUTES - APPROVED CONSIDER RESOLUTION 97-35, A RESOLUTION AUTHORIZING PREMISE PERMIT FOR ELK RIVER YOUTH HOCKEY TO OPERATE PULL TABS AT TIME OUT RESTAURANT AND SPORTS BAR - APPROVED CONSIDER ENTERING INTO LEASE FOR COPY MACHINE - APPROVED CONSIDER AUTHORIZATION TO PURCHASE BLOWER FOR PARK TRAILS - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Discussion on Fencinq Issue City Engineer updated the Council on the background of the fencing issue. He stated that the city approached MnDOT regarding the issues of safety along Highway 169 and what could be done to improve conditions. A total of five public participation meetings were held, one with each of the following groups: school district, residents north of School Street, residents south of School Street, business owners north of School Street, and business owners south of School Street. Terry noted that there was no participation at the meetings scheduled with the business owners and no letters were received from them regarding this issue. MnDOT has agreed to fund 100% of the cost for the fence and lighting. The city Elk River City Council Meeting April 28, 1997 Page 2 will be responsible for submitting a design concept for the fence and MnDOT will provide the design for the lighting. The fence and lighting will be bid as one project with construction in late summer 1997. Terry explained there is some concern with the visual impact of the fence on businesses along Highway 169, and discussed MnDOT's concerns with placing the fence in the right-of-way. He noted it may be possible for MnDOT to grant a 10' variance for the location of the fence. The City Administrator explained a letter has been received from Jim Rogness, owner of J.R. Tech, requesting that this item be placed on the agenda, along with a petition from businesses along Highway 169. Since receiving the petition, the city has received requests from the owners of Abra Auto Body and Elk Hills Restaurant, that their names be withdrawn from the petition. The request from Dr. Eng to have his name removed from the list was included n the background material. Mayor Duitsman opened the meeting to the public for comments. Mr. Rogness explained he and other businesses along Highway 169 were not aware the fence was proposed to be constructed south of School Street. He felt the obstructed visibility of the fence would impact his business more than any other business. Mr. Rogness stated there are other safety issues that need to be addressed, such as painting crosswalks for pedestrians on Highway 169, reducing the speed, and Mr. Rogness also noted the garbage problems associated with a fence. He felt teenagers would jump over the fence and suggested offenders be sentenced to cleanup detail along the fence line. He also felt it would be helpful to provide a pamphlet to all students, making them aware that crossing the highway was illegal except at the crosswalks and the consequences if they were caught. Mayor Duitsman questioned whether Mr. Rogness would still object to the fence it were placed further down into the MnDOT right-of-way. Mr. Rogness stated he would be more receptive to such a compromise. Terry Maurer stated that if MnDOT was not willing to grant variance, the issue could be discussed further with the business owners and hopefully, they could reach a compromise. Mike Twaddle, 18994 Zane Street, reviewed the history of the public campaign to address these safety concerns which began with a petition of 1,100 signatures after his son was killed on October 16, 1996 crossing Highway 169. Mr. Twaddle indicated he has attended a total of 19 meetings to address safety issues associated with Highway 169. The following needs have been identified: 1 ) speed limit reduction, 2) lighting and fencing, 3) warning flashers before the semaphores, and 4) improved crosswalks. Mr. Twaddle expressed his concern for the "eleventh hour" opposition to the proposed fence, since no objection from the businesses was heard at any of the previous meetings. Mr. Twaddle stated that 8 of 13 business owners on the petition after hearing explanation of the issues, have indicated they have no objection to the fence. Mr. Twaddle expressed his support for Mr. Rogness' proposal to assign cleanup detail to offenders caught illegally crossing the highway. He stated his family would be willing to commit to keeping clean the portion of the fence on the west side of Highway 169 between School Street and 193rd Avenue. Elk River City Council Meeting April 28, 1997 Page 3 Linda Twaddle, 18994 Zane Street, urged the City Council to continue their progressive actions on this issue. Jennifer Twaddle, 18994 Zane Street, read a memo from Dick Erickson, pastor of Central Lutheran Church, expressing his support for a fence and bridge system on Highway 169. Gary Santwire, representing business owners on Highway 169, indicated he felt the most significant safety issue was the need for reduction and enforcement of speed limits on Highway 169. He expressed support for additional lighting and signalization, if needed, but felt the open areas in the fencing at 5Ih ,Street and Elk Park Center may pose a problem. Mr. Santwire felt pedestrians coming from the east side of Highway 169 at 5th Street may cross the highway only to find a fence on the other side. He noted this same concern would relate to the opening at Elk Park Center onto Highway 169. He requested the city study these two problem areas. Mr. Santwire offered to initiate a fundraiser with the tenants associated with his business owners and indicated his willingness to meet with the Twaddles to support their cause. He stressed the importance that the project is done right. Mayor Duitsman stated he would like the City Engineer to proceed with a design for the fence and bring it to the City Council for discussion on the location. An additional public hearing would be held for public input on the design. Mayor Duitsman felt the crosswalks were an important safety issue and felt the City Engineer should be directed to proceed with this part of the project as soon as possible. Councilmember Thompson indicated hi~ support for the fence on both sides of the highway and ask the City Engineer to proceed with a design. Councilmember Farber agreed with Councilmember Thompson's comments. Councilmember Dietz asked the City Engineer whether or not the same type of green fencing around the pond near Sax could be used along Highway 169. Terry indicated it was likely to be more expensive. He will check with MnDOT to see whether or not it could be used if the city paid the additional cost. Councilmember Dietz indicated he felt the lighting was just as important as the fence, if not more important, and the lighting will greatly improve the safety along Highway 169. He has been contacted by several businesses that were concerned about the fence and is unsure if the fencing is needed on both sides of the highway. He supported the City Engineer designing a plan with a fence along both sides of the highway so the Council could look at location issues. Councilmember Dietz also felt the issue of garbage along the fence needs to be addressed. Police Chief Tom Zerwas indicated officers issued between 10 - 15 tickets to motorists running red lights on Highway 169 in the last 2 weeks and explained the difficulty in enforcement. He was unsure of the necessity to fence both sides of the highway, but felt the additional barrier may deter more children from trying to cross. Tom indicated the crosswalks should be painted as soon as possible to increase safety in crossing at the signals. Elk River City Council Meeting April 28, 1997 Page 4 Pat Corte, owner of the Always a Dollar store, supported a fence along both sides of Highway 169 and volunteered to keep the fence clear of garbage on the east side from his business south to the SuperAmerica gas station. Chuck Adams, owner of the McDonalds Restaurant, stated he has seen a number of deer hit on Highway 169 and several near-misses with children crossing the highway. Mr. Adams is concerned how the fence may affect the dirt bike, 4 wheeler and snowmobile traffic. He felt the lighting is the most important safety issue. Terry Maurer explained there will be light poles every 300 feet alternating on each side of the highway. Jerry Hagen, owner of Sax Foods, explained that the Chamber of Commerce began raising funds for the Highway 169 fence in January 1997. He noted their efforts were well publicized and no negative comments were received from citizens or business owners regarding the fence. COUNCILMEMBER THOMPSON MOVED TO DIRECT CITY ENGINEER TERRY MAURER, TO PREPARE A CONCEPT DESIGN FOR A FENCE TO BE PLACED ALONG BOTH SIDES OF HIGHWAY 169, FROM MAIN STREET TO 193~D AVENUE, AND DIRECT STAFF TO PLACE A NOTICE IN THE STAR NEWS OF A MEETING FOR PUBLIC COMMENT ON THE DESIGN WHEN A DATE IS ESTABLISHED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Discussion of Downtown Handicap Parkinq Plan Police Chief Tom Zerwas explained a plan for modifying the handicap parking locations in the downtown, as attached to his memo to the Mayor and City Council dated April 24, 1997. Keith Holme, owner of Kemper Drug, indicated he supported the plan recommended by the Police Chief, but felt a handicap parking stall was needed in front of Steenerson's chiropractic office on the south side of Main Street. Chief Zerwas explained the chiropractic office has a one-foot step into the building and is not handicap-accessible. Dana Anderson, Park & Recreation Chairperson, expressed support for handicap parking in front of the FDA site and striping of a crosswalk from the Jackson Square parking lot to the south side of Main Street. Members of the Council discussed the proposed changes in handicap parking in the downtown and other parking issues associated with the downtown area. Mayor Duitsman expressed support for designating a handicap stall for the Municipal Utilities, but asked that the City Council review the location of the space. Chief Zerwas noted he would like to arrange a meeting with the downtown business owners to discuss enforcement of parking restrictions. Phil Hals, Streets/Parks Superintendent, noted that seal coating will be needed to cover the existing painted parking lines if restriping was necessary. Elk River City Council Meeting April 28, 1997 Page 5 COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE DOWNTOWN HANDICAP PARKING RECOMMENDATIONS MADE BY CHIEF ZERWAS. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Thompson felt the handicap parking should be tabled until the entire downtown parking issues could be addressed. Councilmember Farber felt the handicap parking recommendations made by the Police Chief had been thoroughly researched and there was no reason to postpone action on this portion of the parking issue. The Mayor stated that he would like another week to review the proposal. COUNCILMEMBER HOLMGREN WITHDREW THE MOTION. COUNCILMEMBER FARBER WITHDREW THE SECOND TO THE MOTION. COUNCILMEMBER DIETZ MOVED TO POSTPONE ACTION ON THE DOWNTOWN HANDICAP PARKING PLAN AS PRESENTED BY POLICE CHIEF TOM ZERWAS FOR ONE WEEK. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0 4.3. 4.4. Chief Zerwas informed the Council of the Law Enforcement open house scheduled for Saturday, May 3rd from 10:00 a.m. to 2:00 p.m. He added there will be a pet clinic with reduced prices for pet vaccinations. Consider Joint Powers Aqreement Reqardinq Hiqhway 10 Corridor The City Administrator provided an update on the Northstar Corridor Development Authority. The Authority will receive and manage the ISTEA grant funding, assess the need for and analyze the feasibility of multi-modal transportation improvements in the corridor, set up advisory committees and task forces, prepare any necessary reports and findings as well as coordinate related activities. Outlined in the agreement are who will be members of the authority, the powers of the authority, structures and procedures, and funding. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JOINT POWERS AGREEMENT CREATING THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY, TO APPOINT MAYOR DUITSMAN TO SERVE ON THE AUTHORITY AND SCOTT HARLICKER, PLANNING ASSISTANT, AS ALTERNATE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Recommendation from Park and Recreation Commission for Fundinq of Prairie Grass Seed for Woodland Trails Park Dana Anderson, Park & Recreation Commission Chairperson, explained that a project is being undertaken by Elk River Area High School biology students to plant wildflowers and prairie grass in the Woodland Trails Park. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE EXPENDITURE OF $700 FOR PRAIRIE GRASS SEED AND MESH FOR WOODLAND TRAILS PARK. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting April 28, 1997 Page 6 4.5. Consider Recommendation from Park and Recreation Commission for Assistance 4.6. 4.7. with Skateboard Project Dana Anderson indicated the youth skateboarders group is pursuing obtaining 501 C3 non-profit status in order to operate the proposed skateboarding park. This arrangement seems to be the best avenue to limit the city's liability exposure. Dana added the Park & Recreation Commission will be providing assistance in locating a site. COUNCILMEMBER DIETZ MOVED TO APPROVE THE EXPENDITURE OF $320 TO FINANCE FILING FEES FOR 501C3 NON-PROFIT STATUS FOR THE SKATEBOARDING ADVOCATES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Request for Planninq Department Intern The City Administrator indicated the 1997 budget included expenditures for an internship position for the Planning Department. If approved, Steve will be contacting the landscape architecture program at the University of Minnesota to find interested candidates. If an urban design/landscape architecture candidate from the University of Minnesota cannot be found, he will also contact Mankato State and St. Cloud State. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY PLANNER TO CONTACT THE LANDSCAPE ARCHITECTURE PROGRAM AT THE UNIVERSITY OF MINNESOTA TO FIND INTERESTED CANDIDATES FOR THE PLANNING INTERN POSITION; AND, IN THE EVENT AN URBAN DESIGN/LANDSCAPE ARCHITECTURE CANDIDATE CANNOT BE FOUND, TO CONTACT MANKATO STATE AND ST. CLOUD STATE UNIVERSITIES. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Update on Floodinq Issues City Administrator Pat Klaers updated the Council on the flood related issues in Minnesota and North Dakota and stated that staff is anticipating that there will be a request to municipalities for help in the areas of street clean up, utility work, etc., after the flood waters recede. He stated that staff is requesting approval from the Council to authorize support in the way of manpower and equipment when requested. Phil Hals stated that he would be asking his staff if they would be able to assist in the clean up. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE STAFF TO AID IN THE CLEAN UP EFFORTS BY SUPPLYING MANPOWER AND EQUIPMENT. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Duitsman requested staff to provide information to the Council as to what type of assistance is being provided and when. Phil Hals provided an update on the city clean up day held on April 30th. The following items were collected: Elk River City Council Meeting April 28, 1997 Page 7 6.6. 6.1, 6.2, 6,3. -17,000 lbs. of scrap metal -5,000 IDs. of car batteries - 250 cu. yds. Compost -1 semi load and two straightline truckloads of appliances -1 semi load of tires - 2 garbage truckloads of furniture Open Mike Tom Cruz, resident on 190th Avenue, requested a discussion of parks on the east side of Highway 169 be placed on the Council's next agenda. Joel Rademacher, Elk River resident, indicated he missed the Highway 169 discussion and wanted to express his concern that crosswalks be painted on Highway 169 as soon as possible. Mayor Duitsman noted the City Engineer has been directed to initiate action to have the crosswalks painted as soon as possible. The Council took a five minute recess at this point. Consider City Attorney Fee Schedule COUNCILMEMBER HOLMGREN MOVED TO POSTPONE DISCUSSION OF THE CITY ATTORNEY FEE SCHEDULE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Presentation of 1996 Liquor Store Annual Report Northbound Liquor Store Manager Fritz Dolejs presented the 1996 Liquor Store Annual Report. Update on Liquor Store Construction Project The City Administrator indicated that footings for the new municipal liquor store are scheduled to be installed this week. He explained that the elevator was changed from what was in the bid package in order to handle pallets of freight and meet ADA requirements, as well. This change has added $10,000 to the project total which will come out of the construction contingency budget. Pat Klaers noted that the construction process is being video taped every few days. Lori Johnson explained revenue bond options to the Council. After discussion, it was the consensus of the City Councilmembers to ask Lori to come back next Monday with more information on local bond financing as well as through the firm of Dougherty Dawkins. Presentation of 1996 Comprehensive Annual Financial Report Steve McDonald of Abdo, Abdo and Eick reviewed the 1996 Comprehensive Annual Financial Report. Elk River City Council Meeting April 28, 1997 Page 8 COUNCILMEMBER DIETZ MOVED TO ACCEPT AND FILE THE CITY OF ELK RIVER 1996 COMPREHENSIVE ANNUAL FINANCIAL REPORT AS PREPARED BY ABDO, ABDO AND EICK. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Presentation of 1996 Finance Department Annual Report Assistant City Administrator/Finance Director Lori Johnson presented the 1996 Finance Department Annual Report to the City Council. COUNCILMEMBER HOLMGREN MOVED TO SUPPORT THE IMPLEMENTATION OF A PERFORMANCE MEASUREMENT SYSTEM TO QUALIFY FOR LOCAL PERFORMANCE AID. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO ADOPT THE INVESTMENT POLICY AS PRESENTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE 1996 FINANCE DEPARTMENT ANNUAL REPORT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Consider Resolution Awardinq the Sale of the City's $311,500 General Obliqation Equipment Certificate of 1997; Fixinq it Form and Specifications; Directin.q its Execution and Delivery; and Providinq for its Payment Assistant City Administrator/Finance Director Lori Johnson reviewed the resolution to award the sale of the 1997 Equipment Certificate. COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION 97-36, A RESOLUTION AWARDING THE SALE OF THE CITY'S $311,500 GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF 1997; FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING FOR ITS PAYMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business 7.1. Accept Resi.qnation from Housinq Inspector COUNCILMEMBER DIETZ MOVED TO ACCEPT THE LETTER OF RESIGNATION FROM HOUSING INSPECTOR JIM DAVIS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Volunteer Recoqnition Dinner Letters Mayor Duitsman noted that he has received three thank you letters regarding the Volunteer Recognition Dinner. 7.3. Minnesota Sports Federation Pat Klaers distributed some MSF fundraising material. Elk River City Council Meeting _April 28, 1997 Page 9 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:25 p.m. Respectfully submitted, Debbie Kleckner ~(_ Recording Secretary