04-27-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL 27, 1998
Members Present:
Mayor Duitsman, Councilmembers Dietz (6:15 p.m.), Thompson,
Farber and Holmgren
Members Absent: None
Staff Present:
Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Lori
Johnson, Assistant City Administrator; Steve Ach, City Planner; Paul
Steinman, Director of Economic Development; Tom Zerwas, Police
Chief; Terry Maurer, City Engineer; Kevin Johnson, City Attorney;
Bryan Adams, Utilities General Manager; Steve Rohlf, Building and
Zoning Administrator
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 p.m. by Mayor Duitsman.
2. Consider Council A.clenda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 4/27/98 CITY COUNCIL
AGENDA AS PRESENTED. COUNCILMEMBER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
3.1. Consider Tobacco License for Ea.qles Club
COUNClLMEMBER HOLMGREN MOVED TO APPROVE A TOBACCO LICENSE FOR THE
EAGLES CLUB. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
3.2. Consider Proclamation Proclaiminq Older Americans' Month
COUNCILMEMBER FARBER MOVED TO PROCLAIM MAY AS OLDER AMERICANS'
MONTH AND MAY 18-25 AS ELK RIVER LOVES OUR SENIORS WEEK.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-
O.
Councilmember Dietz arrived at this time (6:15 p.m.)
3.3. Consider Draft Tobacco Ordinance
City Clerk Sandra Thackeray informed the Council that the State of Minnesota
has mandated that cities adopt tobacco ordinances that meet the state law
minimum requirement. She indicated that the purpose of the tobacco
restrictions is to reduce youth access to tobacco. The City Clerk further
indicated that the purpose of this evening's meeting is to review the proposed
ordinance and to allow the Council to hear and/or.voice any concerns. She
Elk River City Council Minutes
April 27, 1998
Page 2
further indicated that the retailers and licensees have been invited to this
meeting.
The City Clerk reviewed the city's draft tobacco ordinance. The Council
reviewed the issues that were described in the memo. After reviewing the
ordinance, the City Council and the City Attorney proposed several
amendments.
Gary Green, owner of Circle C Stores, indicated that he concurred with the
city's ordinance in that it did follow state law. He further indicated that it is
detrimental to the retailers to ban open display of cigarettes.
It was the consensus of the City Council to authorize the City Clerk to redraft the
ordinance to include the issues that were discussed by the Council and to notify
the retailers and licensees that the Council will be considering adoption of the
ordinance on June 1, 1998.
3.4. Consider Transfer of Liquor License for Sunshine Depot
The City Clerk indicated that the Sunshine Depot will be transferring its liquor
license to Susan Anderson and Colleen Dahlheimer. She indicated that
necessary licensing forms and documentation have been submitted.
COUNCILMEMBER FARBER MOVED TO APPROVE AN ON SALE LIQUOR LICENSE AND
SUNDAY LIQUOR LICENSE FOR SUSAN ANDERSON AND COLLEEN DAHLHEIMER FOR
THE SUNSHINE DEPOT CONTINGENT UPON SUCCESSFUL BACKGROUND CHECKS.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED
0.
4. Other Business
Police Chief Tom Zerwas stated that he has received a resignation from Officer
Robert Zarrett. He requested authorization to fill this position.
COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE POLICE CHIEF TO FILL THE
POSITION OF POLICE OFFICER WHICH HAS RECENTLY BEEN VACATED BY ROBERT
ZARRETT. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY
COUNCIL ON MONDAY, MAY 11, 1998, AT APPROXIMATELY 7 P.M., FOLLOWING
THE EDA MEETING, TO MEET JOINTLY WITH THE UTILITIES COMMISSION.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY
COUNCIL ON TUESDAY, MAY 26, 1998, AT 6:30 P.M., AT THE WASTEWATER
TREATMENT PLANT TO TOUR THE NEWLY EXPANDED FACILITY. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Elk River City Council Minutes
April 27, 1998
Page 3
Cleaning Services
The City Administrator advised the Council that the city's cleaning service,
Laurie Heinecke of House B Clean, has informed staff that she is looking to either
eliminate or reduce her current work Icad. He indicated that this would be
discussed in greater detail at another Council meeting.
There being no further business, Mayor Duitsman recessed the meeting at 6:45
p.m. for a Capital Improvement Worksession.
The City Council reconvened at 6:50 p.m.
Capital Improvement Worksession
The City Council discussed topics included in an outline prepared by the City
Administrator as follows:
East Elk
A.
B.
Co
Do
Eo
Fo
G°
H0
River Project Update
Update on the Wild and Scenic River Ordinance
Project schedule and update on the commercial/industrial
project and the residential project
Update on possible BESTEA funds (via Congressman Oberstar} for
the eastern road corridor project
Update on the delineation of wetlands in the Brown and
Vandenberge areas
Update on the permitting process for the sewer, water, storm
sewer, etc. components of the east Elk River public improvement
project
Appraisal Reports
i. Request for Evergreen to begin negotiations for the three
properties befween 171't and 173rd
ii. Discuss the Kirkeide situation
iii. Discuss the Brown situation
Review funding sources for land acquisitions.
i. Street right-of-way
ii. Business Park/industrial properties
Consider appraisal for overall benefit of trunk utilities (possible
increase in the $6,000 level which was identified in the summer,
1996, Patchin Report)
i. Consider Mayor's request to begin the 429 assessment
process prior to the approval of preliminary plats
ii. Review eastern Elk River assessment list
Update on Scott Powell meeting for development between the
highway and the river
Economic Development Strategic Plan Implementation...Business
Park/industrial rezonings of the Brown and Mulvaney properties
Elk River City Council Minutes
April 27, 1998
Page 4
Ko
Mo
Update on schedule and funding for the 171 ,t signal
Update on schedule and funding for the railroad crossing
construction project
Review the 171 ,t/173rd road construction timetable
Finances (general)
2. Consider City Comprehensive Transportation Plan
3. Review MnDOT Tour Route and Discussion Items for the May 5 Tour
Review
A.
B.
C.
D.
E.
F.
G.
H.
Ongoing Street and Public Improvement Projects
County Road 12
School Street
Business Center Drive
Upland Avenue/Highway 10
County Road 1
County Roads 33/12
City Overlays
Library Parking Lot
Miscellaneous Activities
A. Discuss Elk River Mall, its PUD Agreement and land use options
B. Consider selling of the Jarvis Street residential lot
C. Consider selling of the Holt and Jackson commercial lot
D. Update on the Lions Park site preparation work for the B/G Club
project
E. Skatepark in Oak Knoll Park update
F. Update on improvements at old Northbound store and plans for
recreation center (Jeff Asfahl) CUP
G. Discussions on the minor expansion of the police department
parking lot
H. Staff analysis of city building and space needs
Other 1998 projects (these projects are moving forward and no
discussion is planned for the 4/27/Council meeting)
Ao
B.
C.
D.
E.
F.
G.
H.
I.
Boston Street
Railroad Drive
Guardian Angels sewer and water
221st and Highway 169 turn lane
Pedestrian bridge
Pavement replacement program
Lake Orono sedimentation removal
Ice arena dehumidification
Opticon system
The City Council discussed each of the issues in the outline with the exception of
Item 6 and Items $ G and $ H which pertained to expansion of the police
department parking lot and staff analysis of city building and space needs. The
majority of the discussion at this meeting revolved around the east Elk River
project. Discussion took place regarding the county's plans for updating
County Road 12 and how that timeframe would affect the city's project.
Elk River City Council Minutes
April 27, 1998
Page 5
For Item 5C, Director of Economic Development Paul Steinman reviewed the
concept plan for the city's commercial parcel of property located at Holt and
Jackson. The City Administrator indicated that this property is ready for sale
(pending the installation of utilities) and that the city would post a for sale sign
on the property. The Council discussed possible uses for the site and a
minimum selling price.
Regarding Item 1 F, The City Administrator distributed appraisals for the Brown
property and the Kirkeide property. The area wide benefit report was also
distributed and reviewed. The appraisals for the Eull property, the Barrett
property, and the Korthals property (which are located between 171st and 173rd
Avenues) were discussed.
MAYOR DUITSMAN MOVED THAT THE CITY PROCEED TO NEGOTIATE FOR THE
PURCHASE OF THREE PROPERTIES BETWEEN 171sT AND 173"D AVENUES.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-
1. Coun¢ilmember Holmgren opposed.
Councilmember Holmgren indicated he feels that the city is moving ahead too
fast and that the city does not need to move forward to purchase these
properties at this time.
Discussion was held regarding the purchase of the Brown property. Mayor
Duitsman stated that the city should purchase the total property. He indicated
that this area is intended to be the city's business/industrial park and that the
development fund should be used for this purpose. Mayor Duitsman also
requested starting the 429 assessment hearing process in order to get this public
improvement and assessment information out to the landowners.
Councilmember Holmgren indicated that he would rather see a preliminary plat
come forward from developers prior to the city moving ahead with the 429
process. Councilmember Farber also indicated that he did not see a need to
rush into the larger assessment project.
COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY
COUNCIL FOR MAY 11, AT 5:00 P.M. TO HEAR A PRESENTATION OF THE APPRAISAL
OF THE BROWN PROPERTY AND THE AREA WIDE ASSESSMENT AREA BY PETER J.
PATCHIN AND ASSOCIATES, INC. COUNCILMEMBER THOMPSON SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
Consider Comprehensive Transportation Plan
City Engineer Terry Maurer indicated that the Planning Commission held a public
hearing regarding the city's proposed transportation plan on February 15, 1996,
and the City Council held its public hearing on the plan on March 12, 1996. The
City Engineer indicated that the City Council elected to take no action at its
public hearing until the Sherbume County transportation plan was completed
and approved to ensure that there were no contradictions or points of conflict
between the city and county plans. He further indicated that the county
Elk River City Council Minutes Page 6
April 27, 1998
transportation plan has been adopted and it appears that the county and city
plan are in concurrence with each other with no points of conflict noted.
COUNCILMEMBEI~ FAI~BEI~ MOVED TO ADOPT I~ESOLUTION 98-43 ADOPTING THE
CITY'S COMPI~EHENSlVE TP, ANSPOP, TATION PLAN DATED NOVEMBEI~ 1995.
COUNCILMEMBEI~ HOLMGI~EN SECONDED THE MOTION. THE MOTION CARI~IED ,~-
0.
Councilmember Farber left at this time (8:45 p.m.)
MnDOT Tour
The City Council discussed issues that will be reviewed with MnDOT during the
annual MnDOT Tour on May 5.
On,qoin.q Street Improvement Projects
A general update was given by the City Engineer regarding ongoing street and
public improvement projects.
Miscellaneous Activities
General discussion took place regarding issues A-F.
A. Ell< River Mall PUD A.qreement and Land Use Options
COUNCILMEMBEE HOLMGI~EN MOVED TO CALL A SPECIAL MEETING OF THE CITY
COUNCIL AT 5:00 P.M. ON MAY 18, 1998, IN OI~DEI~ TO I~EVIE~/FUTUI~E PLANS FOE
THE ELK I~IVEI~ N~ALL. COUNCII. N~EMBEI~ THOMPSON SECONDED THE MOTION. THE
MOTION CAlCIfIED 4-0.
B. Jarvis Street Residential Lot
The City Administrator informed the Council that the city's Jarvis Street residential
lot is ready for sale. He indicated that the property will be posted and
advertised in the paper. It was the consensus of the Council to authorize the
City Administrator to sell the property.
E. Skate Park Update
The City Administrator informed the Council that the city is proposing to build a
skate park in Oak Knoll Park. He indicated that the League of Minnesota Cities
has recently included skate parks as part of the city's recreation liability.
COUNCILMEMBEi~ HOLMGI~EN MOVED TO AUTHOI~IZE STAFF TO BUILD THE SKATE
PAI~K. COUNCILMEMBEI~ THOMPSON SECONDED THE MOTION. THE MOTION
CAlCIfIED 4-0.
It was the consensus of the Council not to discuss Items G and H at this time.
Elk River City Council Minutes
April 27, 1998
Page 7
7. Adjournment
There being no fun'her business, Mayor Duitsman adjourned the meeting.
The meeting of the Elk River City Council was adjourned a~ 9:10 p.m.
Respectfully submitted,
~andra Thackeray
City Clerk