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02-22-1999 CC MIN e Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 22, 1999 Mayor Klinzing, Council members Dietz, Thompson, Farber, and Motin None Pat Klaers, City Administrator; Sandra Peine, City Clerk; Terry Maurer, City Engineer; Peter Beck, City Attorney; Steve Wensman, Planner; Darrell Mack, WWTS Superintendent; Lori Johnson, Finance Director Park and Recreation Commissioners Stoffel Reitsma, Dana Anderson, and John Kuester 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 Klinzing. 2. Consider Aaenda The following items were added to the agenda: e 2.1. 7.1. 8.1. 8.2. Condolences and acknowledgement of death of city employee Milt Kinnunen. Municipal State Aid Resolution Update on County Roads 12/13 Update on Chamber of Commerce State of the City Meeting. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 2.1 . Acknowleaement of Accidental Death of City Employee Mayor Klinzing publicly conveyed the City Council's sincere condolences to the family of Milt Kinnunen regarding his accidental death which occurred on the morning of February 22, 1999. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. e 3.4. 2/16/99 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED PAY ESTIMATE #2 FOR THE EMERGENCY VEHICLE PREEMPTION AND SIGNAL IMPROVEMENTS TO KILMER ELECTRIC IN THE AMOUNT OF $17,250.05 - APPROVED TRANSIENT MERCHANT LICENSE FOR SHIRLEY MADLAND TO SELL FLOWERS - APPROVED. Elk River City Council Minutes Februarv 22.1999 Page 2 e COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Consider Conditional Use Permit Reauest by Gordon Mire, Jr., for ParkinG A Semi Truck, Public Hearina Case No. CU 99-1 Planner Steve Wensman indicated that Gordon Mire, Jr., has requested a conditional use permit to park a semi tractor and trailer on his residential property located at 17753 Fillmore Street. Steve Wensman indicated that the Council heard this request and held the public hearing for the conditional use permit on February 16. He indicated that the Council moved to continue discussion to allow the zoning code enforcement officer to speak to the applicant regarding the issue of outside storage. Steve Wensman stated that Zoning Code Enforcement Officer Laurie Mezera-Kerr has met with the applicant and they have come to an agreeable resolution regarding the outside storage on his property. Steve Wensman indicated that staff recommends approval of the conditional use permit based on the four stipulations in his report and noted that the fourth stipulation has been amended to address the zoning code enforcement officer's issues regarding outside storage. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY GORDON MIRE, JR., OF 17753 FILLMORE STREET NW TO PARK A SEMI TRACTOR AND TRAILER ON HIS RESIDENTIAL PROPERTY WITH THE FOLLOWING STIPULATIONS: e 1. THAT BOTH THE SEMI TRACTOR AND TRAILER BE PARKED ON DUST-FREE, ALL- WEATHER SURFACE WITH PROPER SURFACE DRAINAGE, AS REQUIRED BY THE CITY ENGINEER. 2. THAT THE NEW DRIVEWAY BE A MAXIMUM WIDTH OF 30 FEET MEASURED AT THE STREET RIGHT-OF-WAY. 3. THAT THE DISTANCE BETWEEN DRIVEWAYS BE A MINIMUM OF 20 FEET. 4. THAT ANY HOUSEHOLD FURNITURE, DISMANTLED EQUIPMENT, OR DEBRIS BE STORED INSIDE OR REMOVED FROM THE PROPERTY BY MAY 1, 1999. COUNCILMEMBER MOTIN SECONDED THE MOTION. Council member Motin requested the applicant to consider the Hidden Creek covenants regarding matching the paint to the existing housing when constructing his pole barn. THE MOTION CARRIED 5-0. 4.2. Amendment to Council Motion Reaardina LaFayette Woods 3rd Addition Final Plat, P 99-4 COUNCILMEMBER THOMPSON MOVED TO RECONSIDER THE MOTION MADE BY THE COUNCIL ON FEBRUARY 16 REGARDING THE LAFAYETTE WOODS 3RD ADDITION FINAL PLAT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council Minutes Februarv 22.1999 Page 3 e COUNCILMEMBER THOMPSON MOVED TO CONTINUE THE REQUEST BY WINDSOR DEVELOPMENT FOR FINAL PLAT APPROVAL FOR LAFAYETTE WOODS 3RD ADDITION, P 99-4, TO THE MARCH 1, 1999, CITY COUNCIL MEETING WITH THE CONDITION THAT THE DEVELOPER SUBMIT A DETAILED BUFFER PLAN AGREED TO BY THE RIDGEWOOD HOMEOWNERS ASSOCIATION AND ACCEPTABLE TO THE CITY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Public Hearina for Proposed 1999 School Street Improvements Between Proctor and Jackson Avenues City Engineer Terry Maurer reviewed the feasibility study for this project. He noted that the city has received the utility easements and construction easements from the School District. Terry Maurer explained that the project consists of widening the street from 36 to 52 inches, minor storm sewer revisions, and the addition of a sidewalk on the south side of the street. The City Engineer reviewed traffic counts taken at the proposed project site. He noted the significant increase in traffic when school was in session. He further reviewed vehicle accidents and noted the significant increase in vehicle accidents during school hours. The City Engineer stated that the School District is in the process of planning an improvement to enlarge the high school parking lot by approximately 200 stalls. He further indicated that the city will work with the School District to facilitate that improvement regarding driveway accesses. e The City Engineer reviewed the project costs and the proposed method of assessment. He noted that the city is proposing to assess the adjacent property owners on the south side of the project for sidewalk and to split the remainder of the assessment for the street improvement between the School District and the City. Mayor Klinzing opened the public hearing. Dr. David Flannery, Superintendent of Schools, indicated he was present to represent School District No. 728 School Board. He noted that the school board supports the project, but had requested to delay the timing of the improvement due to a shortage of funds. He noted that the School District has, in good faith, granted easements to the City for the project. He further stated that the School District objects to the method in which the project is being assessed. Dr. Flannery noted that although the School District generates heavy traffic twice a day, he feels that the improvement will also benefit the entire city, including the Industrial Park, and the other property owners on School Street. He stated that the School District objects that they are the only property owner on the street being assessed for the street improvement. He further stated that the School District will use the process of arbitration (assessment appeal) through the court system to resolve this discrepancy in the method of assessing the project. There being no further comments, Mayor Klinzing closed the public hearing. e Discussion was held by the Council regarding the method of assessment. Terry Maurer indicated that the City Council last year proposed to not assess the people on the south side of School Street for the street improvement. He indicated that the need to widen the road is a result of the school traffic. Elk River City Council Minutes February 22. 1999 Page 4 e Mayor Klinzing stated that she would be in favor of working together with the School District to come to a mutual agreement regarding the assessment. Council member Farber noted that the need for the project is created from the increase of the traffic from the schools. He indicated he does not feel the City should be pay more of the School District's portion. He suggested extending the payment plan time period in order to fit the School District's needs. Council member Thompson suggested that if the project comes in less than estimated, the savings could be passed on to the School District. He indicated that the School District should be held responsible for 50 percent of the street assessment. He further stated that he sees no benefit to the property owners on the south side of the street. He suggested exploring the possibility of lowering the interest rate or extending the payments for the School District. Council member Dietz suggested that the savings be split between the School District and the City if the project comes in less than anticipated. Mayor Klinzing noted that this issue would be discussed again in about four to six weeks during the assessment hearing. 6.2. Consider Resolution Orderinq 1999 School Street Improvement Proiect and Orderina the Preparation of Plans and Specifications e COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-15 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE SCHOOL STREET IMPROVEMENT OF 1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Consider Resolution Awardinq Sewer and Water Bids for the East Elk River Public Improvement Proiect City Administrator Pat Klaers noted that the City opened bids for the 1,000 acre east Elk River trunk sewer and water project in November. He informed the Council that the assessment hearing for the project has been held and that the benefited property owners were assessed $6,000 per acre. He noted that the City has received three appeals against the assessment. Pat Klaers indicated that although the project has been assessed at $6,000 per acre, there is still a shortfall of $1.6 million. Pat Klaers stated that the City has received permanent trunk sewer and water easements, rights-of-way and temporary construction easements from the developer of the trailer court area. He further indicated that the Council has approved the preliminary plat for the Trott Brook Farms project contingent upon the City ordering sewer and water. e The City Administrator reviewed the possibility of phasing in the project. He explained that the trunk utility project is in better financial condition due to the water utilities recently committing to paying $800,00 of the $1.6 million shortage. The City Administrator explained that the trunk sewer line shortage of approximately $200,000 should be financed by the wastewater treatment plant Elk River City Council Minutes February 22. 1999 Page 5 . enterprise fund and the remaining shortage (for the sewer lift station) be funded through T1F 19. City Engineer Terry Maurer explained that in the resolution the project is called Phase I because the original study includes the entire east Elk River project. Terry Maurer explained that the low bid was submitted by S.R. Weidema at $5,871,384.60. He noted that after bids were received the Trott Brook Farms developer requested the sanitary sewer and water main to be deleted and routed internally through his development. He noted that if the bid is approved, he will be requesting the Council to approve Change Order # 1 which would delete the sanitary sewer and water main improvements along County Road 12, and which would add internal improvement to the 40 acre industrial parcel. He noted that it is anticipated that Change Order # 1 will result in a reduction to the total contract amount of approximately $125,000 to $150,000. Mayor Klinzing stated that although this is not a public hearing, she would receive public input on the project at this time. There were no comments from the public. Mayor Klinzing noted that moving forward with the entire project would increase population density, increase the number of homes in the area, affect the schools, open up commercial development, and overall would attract more people to the city. She stated that she is not in favor of this project. She further stated she feels that the City is placing itself on a limb financially by doing the large project. She questioned the Council as to why they are interested in seeing the project move forward. e Council member Motin noted that he understands there are funding issues, however, doing the whole project would be better planning than a smaller project. He indicated that the City has received federal funding which will require the City to do the whole project. He further noted that by splitting the project, the cost to eventually complete the entire project will increase. Council member Farber indicated that he has gone on record as supporting the entire project and that he would continue to support the entire project. Councilmember Thompson indicated that the City of Elk River is a growth City and sees no reason not to move forward with the entire project. Councilmember Dietz indicated that although there are risks for the project, there are many more benefits to the project than risks. He further indicated that he sees no advantage to the smaller project and will vote for the large project. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-16 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE EAST ELK RIVER PHASE I SANITARY SEWER AND WATER IMPROVEMENT OF 1999 CONTINGENT UPON CHANGE ORDER #1 FOR THE PROJECT RELATING TO THE INTERNAL IMPROVEMENTS NECESSARY FOR THE VANDENBERGE INDUSTRIAL DEVELOPMENT AND THE DELETION OF IMPROVEMENTS ALONG COUNTY ROAD 12. COUNCILMEMBER MOTIN SECONDED THE MOTION. e Elk River City Council Minutes February 22. 1999 Page 6 e Mayor Klinzing indicated that she would have supported the smaller project, however she will not vote in favor of the large project due to her concern regarding funding of the project. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. COUNCILMEMBER DIETZ AUTHORIZED THE USE OF WASTEWATER TREATMENT PLANT FUNDS TO MAKE UP FOR THE TRUNK SEWER LINE SHORTAGE OF APPROXIMATELY $200,000 OVER THE LIFE OF THE PROJECT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Resolution Establishina Park Dedication Fees for 1999 John Kuester, park and recreation commissioner, indicated that the Park and Recreation Commission is recommending the Council increase park dedication fees. He indicated that staff has researched park dedication fees in other cities and determined that Elk River park fees are not in line with surrounding communities. Commissioner Kuester noted that the Park and Recreation Commission feels their recommendation to increase the fees has been carefully thought through, is fair, and has been done in a strategic manner. John Kuester stated that people moving into the City want a park system to meet their needs. He further noted that land values have increased in Sherburne County by about 70 percent since the last time park dedication fees have been increased. e Councilmember Farber stated that he concurs the City needs to increase its park fees, however he questioned why there is no graduation in the increase. He indicated that he is concerned with the fairness of increasing the fees so drastically at one time. Councilmember Thompson noted that he feels the proposal is fair, however, he is also concerned about not phasing in the increase. He further noted his concern as to how this increase would impact developers currently in the platting process. Council member Dietz stated that Elk River is in demand and this is not the time to be concerned about increasing its fees. He noted that the increase in the park dedication fee is a step in the right direction so people can have the park system they expect to have for a City the size of Elk River. Council member Dietz questioned the reasoning and necessity of charging park dedication fees for industrial property. Councilmember Dietz further indicated that he would not be in favor of phasing in the increase. Council member Motin indicated that Elk River must be compared to neighboring metropolitan. He further indicated that he has concerns regarding industrial property paying park dedication fees. He stated he would prefer to see plats that are in the planning stages be grandfathered-in some way so they are not stuck with the entire increase without having planned for the increase. Homer Tompkins, developer of Trott Brook Farms, indicated that they are proposing to develop a park and to pay their park dedication up front and questioned how an increase at this time would affect his plat. e Elk River City Council Minutes February 22. 1999 Page 7 e Stoffel Reitsma, park and recreation commissioner, indicated that he feels the increase is necessary as the City will need new schools, trails, and parks. He further indicated that he did not feel the park dedication fee would affect the industrial or commercial businesses moving into the City. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-17 AMENDING THE PARK DEDICATION FEE FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT CONTINGENT UPON AMENDING THE FEE STRUCTURE AS FOLLOWS: IN THE EVENT A PRELIMINARY PLAT HAS BEEN APPROVED BY THE CITY COUNCIL ON OR BEFORE FEBRUARY 22, 1999, AND THE FINAL PLAT IS APPROVED WITHIN ONE YEAR OF THAT DATE, THE RESIDENTIAL PARK DEDICATION FEE SHALL BE $900 AND NO TRAIL FEE SHALL APPLY. COUNCILMEMBER FARBER SECONDED THE MOTION. Discussion pursued regarding the definition of the one year time period. The city attorney suggested that the final plat be submitted within one year from the preliminary plat approval. COUNCILMEMBER MOTIN MOVED TO AMEND HIS MOTION TO STATE THAT THE RESIDENTIAL PARK FEE SHALL BE $900 AND NO TRAIL FEE SHALL APPLY PROVIDED THAT THE PRELIMINARY PLAT HAS BEEN APPROVED BY THE CITY COUNCIL ON OR BEFORE FEBRUARY 22, 1999, AND THE FINAL PLAT SUBMITTED WITHIN ONE YEAR FROM THE PRELIMINARY PLAT APPROVAL DATE. COUNCILMEMBER FARBER SECONDED THE AMENDMENT. THE MOTION AS AMENDED CARRIED 3-2. Mayor Klinzing and Council member Dietz opposed. e 6.50. Consider Transfer of Cable TV Franchise The City Clerk requested the Council to approve the transfer of control and ownership of Jones Intercable to Bresnan Telecommunications Company. She indicated that the Sherburne/Wright Cable Commission is recommending approval of the transfer. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-18 CONDITIONALLY CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTEREST IN A CABLE TELEVISION FRANCHISE TO COMCAST CORPORATION AND ITS WHOLLY OWNED SUBSIDIARY, COMCAST CABLE COMMUNICATIONS, INC. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-19 CONDITIONALLY CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISE TO BRESNAN TELECOMMUNICATION COMPANY, LLC. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5b. Cable TV Government Access Channel Guidelines COUNCILMEMBER FARBER MOVED TO APPROVE A MISSION STATEMENT, PURPOSE, OBJECTIVES, AND GUIDELINES FOR ELK RIVER GOVERNMENT ACCESS CABLE TV CHANNEL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e e Elk River City Council Minutes February 22. 1999 Page 8 6.6. Update on Uauor Store Manaqer Applications The City Administrator updated the Council on the liquor store application process. 6.7. Upcoming Special Meetinas and Worksessions COUNCILMEMBER THOMPSON MOVED TO CALL THE FOLLOWING SPECIAL MEETINGS OF THE CITY COUNCIL: MARCH 8, 1999,4-6 P.M. AT THE ELK RIVER CITY HALL TO HOLD A JOINT MEETING OF THE CITY COUNCIL/EDA/HRA FOR THE PURPOSE OF REVIEWING THE ECONOMIC DEVELOPMENT STRATEGIC PLAN TO BE FACILITATED BY JIM BRIMEYER. MARCH 22, 1999,5-6 P.M. AT THE ELK RIVER CITY HALL TO HOLD A JOINT MEETING OF THE CITY COUNCIL/HRA TO DISCUSS THE CENTRAL BUSINESS DISTRICT PLANNING STUDY TO BE FACILITATED BY THERESA WASHBURN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. 1998 Wastewater Treatment Plant Annual Report Darrell Mack presented the 1998 Wastewater Treatment Plant Annual Report. 7.1. Municipal State Aid Resolution COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 99-20 AMENDING RESOLUTION 99-4 REQUESTING ADVANCED MUNICIPAL STATE AID FUNDING IN THE AN AMOUNT UP TO $669,690. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. County Road 12/13 City Engineer Terry Maurer informed the Council that the Sherburne County cost sharing policy has been adopted and the first project affected by this policy is the County Road 12/13 improvement project. Terry Maurer indicated that the city and the county have been working together on a funding agreement for this project. He reviewed a preliminary funding agreement with the City Council and informed the Council that this agreement may be discussed in detail at the joint Sherburne County/City Council meeting on February 23. 8.2. Chamber of Commerce/State of the City The City Administrator informed the Council that the Chamber of Commerce State of the City Address would be held on March 16, 1999. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 9:02 p.m. .. /?cdu ~ ~~ra Peine - (~L- City Clerk