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05-05-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 5, 1997 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Tom Zerwas, Police Chief; Lori Johnson, Assistant City Administrator Also Present: Dana Anderson, Park and Recreation Commission Chair Call Meetin.q 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. Consider A.qenda COUNClLMEMBER FARBER MOVED TO APPROVE THE MAY 5, 1997, CITY COUNCIL AGENDA. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda In regard to Item 3.3 Councilmember Dietz questioned whether ali operations taking place at Wapiti Park were legal. The City Clerk indicated that all is legal according to requirements for a Consumption and Display License. It was the consensus of the Council to review conditions at Wapiti Park at a future Council meeting. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. CHECK REGISTER - APPROVED 4/28/97 COUNCIL MINUTES - APPROVED CONSUMPTION AND DISPLAY LICENSE FOR WAPITI PARK - APPROVED AUTHORIZATION TO LEASE COPY MACHINE FOR BUILDING DEPARTMENT - APPROVED SPECIAL CITY COUNCIL MEETING CALLED FOR MAY 12, 1997, IMMEDIATELY FOLLOWING THE EDA MEETING TO DISCUSS EASTERN ELK RIVER PLANNING STUDY - APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes May 5, 1997 Page 2 4.1. Request for Funds for the Sherburne County Historical Society John Oliver and Bob Minton were present on behalf of the Sherburne County Historical Society. A request was made to the City Council for a grant in the amount of $36,000 to partially fund the Heritage Center Project which is being built in the City of Becker. Mr. Minton indicated that the Historical Society is requesting funding from all cities and townships located within Sherburne County. He further indicated that the City of Becker is contributing 10 acres of land and $150,000 in grant money. He stated that it is important that all cities and townships have a sense of ownership in the facility when it is completed. Mayor Duitsman indicated that there has been no money budgeted for this request. He further stated that he would be willing to include this request in the 1998 budget deliberations. The Mayor also requested to be provided with information as to what grant money is received for the project from other cities and townships in Sherburne County. It was the consensus of the Council to review this request during the 1998 budget review process. 4.2. Public Hearinq to Consider Improvements to Macon Street and Riverview Drive City Engineer Terry Maurer indicated that this public hearing is being held to receive input on the proposed project of street and utility improvements for Macon Street and Riverview Drive. He indicated that the feasibility study was authorized by the Council and the improvements were petitioned by the developer of Country Crossing 3rd Addition. Terry Maurer reviewed the feasibility study. He explained that similar to the Fresno Street Improvement Project, the residents of this project would not be required to hook up to sewer and water until they so desire or until mandated by the Council. These services would be placed in the street in front of their homes allowing anyone who wishes to hook up to the services to do so. Terry Maurer indicated that the City is requiring that the residents only be responsible for paying for their share of the street reconstruction at this time. Terry Maurer reviewed other charges that are associated with a sewer and water project including SAC and WAC charges, charges for connecting from the property line to the home, cost to crush and fill existing septic tanks and monthly user fees. Mayor Duitsman opened the public hearing. Elsie Proventure - 17960 Macon Street - indicated she was opposed to the project. Tom Graber - 13548 Riverview Drive - questioned if residents would be required to hook up to city services if private systems failed. The City Engineer indicated they would not be required to hook up to city services. Mr. Graber inquired about other issues including the cost of a lift station and whether associated costs with the project were considered according to Section 429 of the State Statute. He indicated he was opposed to the proposed improvement. City Council Minutes May 5, 1997 Page 3 Robert Hanson - 13569 Riverview Drive - indicated his concern with the equity of the division of the street assessment. He felt the developer should be picking up more of the cost. He indicated he was opposed to the project. Al Sanudo - 13416 Riverview Drive - had several questions regarding the project. He questioned whether he would be required to hook up to both utilities at once; whether the assessment would be the same later as it is now; and whether he would be assessed for both of his lots. Michelle Berg - 17906 Macon Street - indicated she was opposed to the proposed project. Louann Sjogren - 18010 Macon Street - indicated she was opposed to the proposed project. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Dietz indicated that it would not be fair to treat this area differently than those residents on Fresno Street. Councilmember Holmgren indicated that the City Council has listened to the concerns and have proposed the least painful option by mandating that the residents only pay for the street at this time. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-37, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MA'ri'ER OF THE MACON STREET AND RIVERVIEW DRIVE IMPROVEMENT OF 1997. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6.1. Consider Request from Minnesota Lakes Association to Sell Pull Tabs at Broadway Bar and Pizza The City Clerk indicated that the Minnesota Lakes Association (MLA) have requested an ordinance interpretation of the City's pull tab ordinance. The MLA have requested to sell pull tabs at Broadway Bar and Pizza. She further stated that the organization has indicated that it would be using some of the proceeds for the improvement of Lake Orono. The City Clerk indicated that the City's current ordinance prevents outside organizations from operating pull tabs within the City of Elk River. The City Clerk explained that the MLA is requesting the Council to interpret Section 716.06(2)(B)(ii) relating to waiving the outside organization requirement for existing organizations. Mayor Duitsman indicated it was the Council's intent to waive the requirement only for organizations who were currently operating in Elk River at the time the ordinance was adopted. He stated that this would not apply to MLA. City Council Minutes May 5, 1997 Page 4 Terry Polsfuss indicated that he is the president of the Watershed Association and a member of the MLA. He further stated that the organization is planning to use the pulltab profits to help fund the Lake Orono project. Patrick Plant, president of the Lake Orono Improvement Association, indicated that the Lake Orono Improvement Association is in support of MLA and its efforts to clean up Lake Orono. He indicated his concern about the MLA's intention of turning over the funds specifically for the Lake Orono Project. Mr. Plant also indicated his concern about the MLA's intention of operating from Broadway Bar and Pizza which is where the Elk River Lion's currently sell pull tabs. Councilmember Holmgren indicated that he would like the city to do anything possible to get the MLA pull tab operation started. He requested the City to see if it would be possible to amend the city's ordinance to require the MLA to put the funds in a trust for the Lake Orono Project. Mayor Duitsman indicated he would like to hear from the Lion's prior to acting on a request from the MLA. Councilmember Dietz had the following concerns and questions: · An ordinance amendment to allow the MLA organization in Elk River would open the doors to other outside organizations. · Is it legal for the City keep the money in trust for Lake Orono Improvements? · Can the Lake Orono Association have an agent to run the pull tab operation. It was the consensus that the City Clerk would check on these issues and report back to the Council. 6.2. Request for City to Act as Fiscal Aqent for Grant Money for Herita.qe Festival The City Clerk indicated that the Elk River Heritage Festival has made a grant application to the Three Rivers Community Foundation in the amount of $6,000 to help defray the cost of the festival. The City Clerk explained that because the Heritage Festival is not a 501 (c)(3) organization, it would need a fiscal agent to receive the money. She requested the Council to consider acting as the fiscal agent for the grant funds. COUNCILMEMBER HOLMGREN MOVED TO ACT AS THE FISCAL AGENT FOR THE ELK RIVER HERITAGE FESTIVAL FOR THE GRANT MONEY RECEIVED BY THE THREE RIVERS COMMUNITY FOUNDATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Review Downtown Parkin.q Situation Police Chief Zerwas indicated that he has visited with mo~t of the downtown businesses to discuss parking enforcement and handicap parking locations. The Chief indicated that beginning Monday, enforcement of downtown parking will City Council Minutes May 5, 1997 Page 5 begin. He indicated that many of the businesses will be purchasing parking stickers from the city to park in the City parking lots. In regard to handicap parking, the police chief recommended eliminating the proposed handicap parking spot in front of the Star News. Chief Zerwas discussed the plan that he thought would be appropriate for the downtown area and which the downtown business owners supported. Discussion was held regarding the proposed sidewalk across from Jackson Square parking lot. Councilmember Thompson indicated he was in favor of this crosswalk. Chief Zerwas indicated he would not endorse the crosswalk because of the liability issue. COUNCILMEMBER FARBER MOVED TO APPROVE THE HANDICAP PARKING PLAN AS RECOMMENDED BY THE POLICE CHIEF INCLUDING THE ELIMINATION OF THE PROPOSED CROSSWALK ACROSS FROM JACKSON SQUARE AND TO INCLUDE THE ADDITION OF A SIGN INDICATING "NOT A CROSSWALK." HANDICAP PARKING SITES: EDA SITE ART CELLAR FIRST MORTGAGE EAST SIDE OF KEMPER DRUG WEST SIDE OF KEMPER DRUG ELK RIVER UTILITIES ALLEY COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. COUNCILMEMBERS DIETZ AND THOMPSON OPPOSED. Chief Zerwas informed the Council that there were tenants living in an aDartment above Dynamic Sports who did not have a place to park their vehicles. He indicated that the tenants have requested to be exempt from the timed parking. the Council discussed dedicating three stalls on the east side of the Utilities building for this purpose. The Police Chief indicated he would check into the availability of these parking spots. Deana Larson of Waterfall Tanning and Day Spa requested the Council to issue extended hours parking for her customers that are at the spa for 7 to 8 hours at a time. It was the consensus of the council to look into this at a later date. 6.4. Update on Park Plans for the East Side of Hi.qhway 169 BeNveen Elk Hills Drive and 197th Avenue Dana Anderson, Park and Recreation Commission Chair indicated that there have been concerns from residents in the Deerfield and Royal Oaks neighborhoods regarding lack of access to neighborhood parks without having to cross Highway 169. Dana described the existing parks in this location and the space available for two proposed parks. Dana also discussed the possible need to acquire flat open land prior to development taking place. Councilmember Holmgren indicated his concern of moving ahead with a plan for the Hillside 5m park. Dana Anderson stated the Park and Recreation City Council Minutes May 5, t997 Page 6 6.5. Commission had a meeting scheduled wi~h the neighbors, however the neighbors requested to reschedule to another time. Councilmember Thompson indicated his concern of lack of park property for field type activities. He further indicated that he felt it was a good idea to begin negotiations with landowners regarding park land acquisition. Councilmember Holmgren indicated that he would expect to receive a report on the Hillside 5Ih park very soon. Consider Financin.q Options for Northbound Liquor Store Project COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO PROCEED WITH THE SALE OF LIQUOR STORE REVENUE BONDS TO THE BANK OF ELK RIVER AND FIRST NATIONAL BANK OF ELK RIVER. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Consider City Expenses Related to the Elk Terrace Mobile Home Trailer Park Closin.q Discussion was held regarding whose responsibility it was to pick up the legal fees associated with the Elk Terrace Mobile Home Park; the developer, property owner or the city. To date, the city has incurred legal fees in the amount of $6,098.65 and has billed this amount to the developer. The Council took no action on this issue. 7. Other Business Ao Otse,qo Wastewater Treatment Issue The City Administrator distributed copies of a feasibility study completed by Terry Maurer studying the cost involved in selling temporary treatment capacity to the City of Otsego. He indicated this would be discussed at a later date. Liquor Store Colors The City Administrator presented the Council with samples of colors for the new Northbound Liquor Store. Co Housinq Inspector Resi.qnation COUNClLMEMBER FARBER MOVED TO RESCIND THE MOTION MADE ON APRIL 28, 1997, ACCEPTING THE RESIGNATION OF THE HOUSING INSPECTOR, JIM DAVIS. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Staff Updates There were no staff updates. City Council Minutes May 5, 1997 Page 7 Adjournment There being no further business, COUNClLMEMBER THOMPSON MOVED TO ADJOURN THE COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River was adjourned at 8:25 P.M. Respectfully submitted, Sandra Thackeray City Clerk \\elkriver\sys\shrdoc\minutes\coO50597.doc