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