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06-26-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 26, 2000 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Dietz, Farber, Matin, and Thompson None Pat Klaers, City Administrator; Terry Maurer, City Engineer; Tina Allard, Recording Secretary 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 p.m. by Mayor Klinzing. Consider 6/26/2000 A.qenda The following items were added to the Council agenda under Other Business: · Fiber Optic Work in Right-of-Way · Elk Creek Townhome Obligations · Downtown Parking Lots and Used Cars for Sale COUNCILMEMBER THOMPSON MOVED TO APPROVE THE AGENDA AS AMENDED. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda COUNClLMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. CHECK REGISTER - APPROVED 6/19/2000 CITY COUNCIL MINUTES - APPROVED REQUEST TO APPROVE THE CORRECTED SICK LEAVE SECTION OF THE CITY'S PERSONNEL POLICY - APPROVED CONSIDER 3.2% ON-SALE BEER LICENSE FOR THE SHERBURNE COUNTY LIONS - APPROVED PAY ESTIMATES: a. #3 - EASTERN AREA TYLER STREET IMPROVEMENTS - LATOUR CONSTRUCTION, INC. IN THE AMOUNT OF $344,747.99 - APPROVED b. #13- EASTERN AREA WATER AND SEWER IMPROVEMENTS - S.R. WEIDEMA IN THE AMOUNT OF $236,405.81 - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 2 June 26, 2000 4.1. Review Proposal for Brookstone Development Inc. Fees City Administrator Pat Klaers stated that, as directed by council, he and Finance Director Lori Johnson met with Rick Martens of Brookstone Development inc. regarding Brookstone's financial obligations for the business park project. Mr. Klaers indicated that Brookstone Development Inc. was not provided information regarding the new park dedication fees in a timely manner. Mr. Klaers discussed a compromise that Brookstone Development Inc. and the city might be able to agree upon. Mr. Klaers listed the following recommendations to council: the entire $28,000 surface water management fee be paid at the time of platting. $32,000 (1/2 of the $64,000) in park dedication fees be paid beginning with the development of the second lot and that the fee be pro-rated and paid when building permits are issued. the city transfer $32,000 from its general fund cash balance to the parks capital project reserve. Councilmembers Farber and Thompson commented that the park dedication fee (:mount would be a good compromise, but did not believe that $32,000 should be transferred from the general fund at this time. Councilmembers Farber and Thompson suggested that the Park and Recreation Commission return to the City Council at a later date with a project for those funds. Mayor Kiinzing indicated that she opposed any sort of compromise regarding the park dedication fees. Mayor Klinzing stated that she would like to see the entire amount of fees ($64,000) collected over time and that Brookstone Development Inc. could pass this expense on to their customers as a cost of doing business. Mayor Klinzing stated that she is opposed to any money being transferred from the general fund at the taxpayer's expense. Councilmember Matin stated that the park dedication fee compromise of $32,000 was too much and the developer should pay at least $48,000 of the $64,000 owed in park dedication fees. Councilmember Matin stated that transferring the remaining $16,000 fee would not make a difference to the parks capital project reserve. COUNCILMEMBER FARBER MOVED THAT THE $28,000 IN SURFACE WATER MANAGEMENT FEE BE PAID AT THE TIME OF PLATTING AND THAT $32,000 IN PARK DEDICATION FEES BE PAID BEGINNING WITH THE DEVELOPMENT OF THE SECOND LOT AND THAT THE FEE BE PRO-RATED AND PAID WHEN BUILDING PERMITS ARE ISSUED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION FAILED 2-3. Mayor Klinzing and Councilmembers Matin and Dietz opposed. Councilmember Dietz stated that he agreed on the motion with the exception that the city should transfer the $32,000 from its general fund cash balance to the parks capital reserve. COUNCILMEMBER THOMPSON MOVED THAT THE $28,000 IN SURFACE WATER MANAGEMENT FEES BE PAID AT THE TIME OF PLATTING; THAT $32,000 IN PARK DEDICATION FEES BE PAID BY BROOKSTONE DEVELOPMENT INC. BEGINNING WITH THE DEVELOPMENT OF THE SECOND LOT AND THAT THE FEE BE PRO-RATED AND PAID WHEN BUILDING PERMITS ARE ISSUED; AND THAT $32,000 FROM THE GENERAL FUND City Council Minutes Page 3 June 26, 2000 CASH BALANCE BE MOVED INTO THE PARKS CAPITAL PROJECTS RESERVE. COUNClLMEMBER I:ARBER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Klinzing and Councilmember Motin opposed. 4.2. Consider Western Area Phase IV Amended Feasibility Report City Engineer Terry Maurer discussed changes to the Feasibility Report for the Western Area Phase IV Improvements. Mr. Maurer stated that the revised Feasibility Study removes the water main looping and street construction on ] 85th Avenue north of Highway 10, and adds the westerly extension of trunk sanitary sewer and water from the southwest corner of the Sherburne County Government Center through the Hoyt Partners property to Waco Street. Mr. Maurer noted that the changes in the proposed improvements result in an increased total project cost to $2,677,500. Mayor Klinzing suggested that the residential sections of the Western Area Phase IV project be delayed until city growth problems, such as the school population and traffic issues, could be resolved. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-47 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE WESTERN AREA PHASE IV IMPROVEMENT OF 2000. COUNCILMEMBER DIET~: SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. COUNClLMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-48 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF WESTERN AREA PHASE IV IMPROVEMENT OF 2000. COUNClLMEMBER DIET'Z SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. COUNCIl. MEMBER MOTIN MOVED TO ADD THE PUBLIC HEARING ON THE IMPROVEMENT AND ASSESSMENT IN THE MA'II'ER OF THE WESTERN AREA PHASE IV IMPROVEMENT OI~ 2000 TO THE AUGUST 7, 2000 SPECIAL MEETING AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED $-0. 4,3. East Elk River Project Update 4.3a. County Road 13 Proiect Update City Engineer Terry Maurer discussed reasons why the city decided to cul- de-sac old CSAH 13 once the new Tyler Street alignment is open and connected to CSAH 12. Mayor Klinzing and Councilmember Motin suggested waiting to cul-de- sac old CSAH 13 because there is not enough good east/west access for residents on the east side of town. Councilmember Motin suggested that the city wait on the cul-de-sac until ] 93rd is constructed and/or until there are traffic issues at the intersection of old CSAH 13 and CSAH 12. Councilmember Thompson indicated that not putting in the cul-de-sac on CSAH 13 would create safety concerns. City Council Minutes Page 4 June 26, 2000 4.3b. 4.3c. MAYOR KLINZING MOVED TO DELAY THE CLOSING OF THE CURRENT ALIGNMENT OF SOUTH CSAH ] 3 AS A THROUGH STREET. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Dietz and Thompson opposed. Brad Larson, representing George Deschenes, indicated his concern with this action as it eliminates a lot to possibly relocate the Deschene businesses. 175th Avenue City Engineer Terry Maurer informed the council that Sherburne County would be upgrading CSAH 12 in calendar year 2000 and may not be finished by the time the city wants to begin upgrading 175th Avenue between Tyler Street and Fillmore Street. Mr. Maurer proposed that the 175th Avenue improvements be delayed until the 2002 construction season so that both construction projects were not happening at the same time. Mr. Maurer stated that the TEA 21 grant for the 175th Avenue improvements could most likely be pushed back to 2002. Mayor Klinzing indicated that she is not opposed to this delay because she objects to the possibility of including sewer and water in this project. Mayor Klinzing stated that sewer and water shouldn't be extended down 175~ Avenue as it could create more urban density residential development. Councilmember Motin indicated that carrying this road construction project into another year would be frustrating to citizens that use both CSAH 12 and 175~ Avenue. Councilmember Farber suggested Mr. Maurer contact Sherburne County to determine if beffer coordination and project management can be reached between the county and the city. The City Council directed staff to do more research with the county and the state, and then come back to council with an update. General - Proposal for Sale and Removal of House and Shed City Administrator Pat Klaers stated that bids were accepted for the sale and removal of a house and a shed located at 18513 Twin Lakes Road, Elk River. Mr. Klaers stated that the purchaser would be responsible for obtaining the necessary permits and for providing liability insurance. Terry Maurer noted that some expenses would be incurred for demolition of the well, septic, foundation and basement of the property after the buildings were removed. COUNClLMEMBER THOMPSON MOVED TO ACCEPT THE $1,50.00 BID BY GLEN SUNDEEN FOR THE PURCHASE AND REMOVAL OF THE SHED AND THE $10,600 BID BY OTTING HOUSE MOVERS FOR THE PURCHASE AND REMOVAL OF THE City Council Minutes Page June 26, 2000 HOUSE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike Dick Gruys, 22347 Monroe Street, Elk River, stated his concerns about the bear population near his neighborhood. Mr. Gruys also questioned whether the Planning Commission has ever considered extending School Street through Elk Hills as a possible east/west access route for residents living on the eastern side of the community. 6. Other Business Fiber Optic Work in Ri.qht-of-Way Mayor Klinzing stated that she had been receiving some complaints about work being done by contractors working in the rightof-way. Mr. Maurer informed the council that contractors doing work in the public right-of-way are required to get permits from the building and zoning department and that Public Works Superintendent Phil Hals is completing follow-up checks on contractors to make sure they are completing the work as required. Mayor Klinzing questioned why Northstar Access was placing black dirt and seed in the public right of way rather than sod. Mr. Maurer indicated that sod would die if it were a dry year, whereas seed may not grow right away if dry, but it would eventually grow when it rains and this is consistent with the city ordinance. Elk Creek Townhome Obli.qations Councilmember Farber stated his concerns regarding developer Roger Derrick not fulfilling his obligations with Elk Creek Townhomes. Councilmember Farber stated that some of the landscaping around the townhomes is incomplete. City Administrator Pat Kiaers noted that the city still has $10,000 in funds available from the developer, but that this may be a townhome association issue rather that an issue for the developer. The City Council directed staff to contact the townhome association and see if any remedy can be reached on the landscaping issues. Downtown Parkin.q Lots Councilmember Dietz noted that about a year ago the council made a motion to prohibit the sale of cars in the downtown public parking lots and to ticket any violators. Councilmember Dietz would like to see the $15 fee raised and signs posted at the lots stating that vehicles will be towed at their own expense. The City Council requested staff to consider some appropriate recommendations to deter people from selling vehicles in the downtown parking lots. 7. Staff Updates There were no staff updates. City Council Minutes Page 6 June 26, 2000 8. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8 D.m. Tina Allard Recording Secretary