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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