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08-09-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 9, 1999 Members Present: Mayor Klinzing, Council members Dietz, Thompson, Farber and Motin Members Absent: None Staff Present: Lori Johnson, Finance Director; Sandra Peine, City Clerk; Michele McPherson, Director of Planning; Terry Maurer, City Engineer; Peter Beck, City Attorney; Tom Zerwas, Police Chief; Jeff Beahen, Assistant Police Chief; Bryan Adams, Utilities Superintendent; and Rich Czech, Ice Arena Manager 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7: 12 p.m. by Mayor Klinzing. 2. Consider 8/9/99 Council Aaenda The following items were added to the agenda. e 8.1 . Northstar Corridor 8.2. Open Space Cluster Meeting 8.3. Main Street/Highway 10 Intersection COUNCILMEMBER DIETZ MOVED TO APPROVE THE 8/9/99 COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 7/26199 CITY COUNCIL MINUTES -APPROVED 3.2. CHECK REGISTER - APPROVED 3.3. REQUEST TO INSTALL WIRING FOR THE ELECTRICAL GENERATOR TO ALLOW HEATING AND VENTILATION DURING AN EMERGENCY SITUATION, AT A COST OF $13,000 - APPROVED 3.4. REQUEST FOR TOBACCO LICENSE TRANSFER FOR ELK RIVER SMOKE SHOP AT 19112 FREEPORT AVENUE FROM ANTAR WAZWAZ TO ZAID WAZWAZ- APPROVED 3.5. RESOLUTION 99-58 RELATING TO PARKING RESTRICTIONS ON TYLER STREET FROM 1715T AVENUE N.W. TO EXISTING CSAH 13 -- APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. -- 4. Open Mike No one appeared for Open Mike City Council Minutes August 9, 1999 Page 2 e 5.1 . Presentation bv David MacGillivrary, Sprinasted David MacGillivray of Springsted Financial Advisors informed the council that Moody's Investors Service has increased the city's bond rating from Baal to A3. He indicated that the upgrade reflects the city's diversifying and growing tax base and an expectation that the growth will continue. In addition, the city's financial position has strengthened which is evidenced by the growing reserves in the general fund, and the city's debt burden is expected to moderate as the city has in place the necessary infrastructure to accommodate the planned future growth. David MacGillivray presented Mayor Klinzing with a plaque commemorating the bond rating upgrade. 5.3. Consider Proposal From Allina Mayor Klinzing explained that Allina has offered the city two options regarding a piece of property that the city owns. The options consist of the following: ODtion 1- Purchase the City's parcel of land for $6.50 per square foot. ODtion II - Purchase the two end parcels of land and offer a land exchange with the city trading the westerly parcel for the center parcel owned by the City. e Lori Johnson, Finance Director, indicated that the City Administrator has listed his concerns and recommendation regarding this issue in his memo to the Mayor and City Council. Michele McPherson, Director of Planning, reviewed the potential zoning issues regarding Allina's request. Mr. McKee of Timco Construction stated that Allina has re-evaluated the situation and feels that after taking the zoning issues into consideration, the only way that the only way Allina's proposal will work is to use all three lots. He indicated that the request made by Allina at this time is to purchase the city's property. Discussion was held regarding the purchase price of $6.50 per square foot that Allina is offering to pay for the city's property. It was noted that the City purchased the property at $5.50 per square foot in 1997. Council member Dietz indicated that he would have been agreeable to a land swap, however, he is not interested in selling the lot. He indicated that the City took the initiative to plan ahead for the purchase of property for a future liquor store and stated that the City should keep the property for that purpose. e Council member Motin indicated that he concurred with Councilmember Dietz. He noted that selling the lot for $6.50 per square foot will only realize an 18% increase in over three years. He further noted that there have been several improvements in the area since the city purchased the land including the completion of Joplin Street and the construction of Guardian Angels. Councilmember Motin stated that the City was wise for planning ahead when purchasing the site for a liquor store. He indicated that the city's population rate will continue to grow and there will be a need for another liquor store to service the western area. He stated that he is not interested in selling the site. City Council Minutes August 9, 1999 Page 3 e Council member Thompson indicated that Allina would be a good addition to the community who would be bringing high quality jobs to the community. He stated he is in favor of working out an agreement with Allina to sell the city's lot. Councilmember Thompson stated that he is not sure if he is interested in the city pursuing another liquor store. Councilmember Farber indicated that he was involved in the planning process of purchasing the lot for the future liquor store. He further stated that he remembers that the previous liquor store manager, Fritz DOlejs, recommended that a second liquor store was not necessary. He stated that because of that he is in favor of selling the lot to Allina. Mayor Klinzing stated that she is not interested in seeing a second liquor store in the city and therefore she would be interested in negotiating with Allina for the city's lot. She further indicated that she would like to negotiate a higher purchase price than the $6.50 per square foot. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO CONTINUE NEGOTIATIONS WITH ALLlNA FOR THE PURCHASE OF THE CITY'S PARCEL OF PROPERTY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-2. MAYOR KLINZING, AND COUNCILMEMBERS THOMPSON AND FARBER VOTED AYE. COUNCILMEMBERS DIETZ AND MOTIN VOTED NAY. e 6.1. Consider Administrative Subdivision Reauest bv Seton Foster, Public Hearina Case Nos. AS 99-3/ AS99-4 Michele McPherson, Director of Planning, indicated that Mr. Foster has made application for two Administrative Subdivisions to allow the creation of three lots. The property is located at the southwest corner of 225fh Avenue and County Road 32. Michele reviewed the staff report on this request. She noted that Mr. Foster will have a total of 30 total acres that he wants to split into 3 - 10 acre lots. She noted that four acres of the 30 are located in Big Lake Township. Mayor Klinzing opened the public hearing. Mr. Foster approached the council and noted that he would impose a restrictive covenant on the property in Big Lake Township that would not allow any future splits of the property. This would then ensure that the city's ten-acre minimum requirement would be met. There being no further comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY MR. FOSTER, AS 99-3, TO SPLIT 4.5 ACRES WITH THE FOLLOWING CONDITION: 1. THAT THE PROPERTY BE COMBINED WITH THE APPLICANT'S PARCEL TO FORM ONE PARCEL; - AND TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MR. FOSTER, AS 99-4, TO CREATE THREE PARCELS WITH THE FOLLOWING CONDITIONS: 1. THAT THE APPLICANT GRANT DRAINAGE EASEMENTS OVER THE DELINEATED WETLAND AREAS; City Council Minutes August 9, 1999 Page 4 e 2. THAT THE APPLICANT PAY PARK DEDICATION AND SURFACE WATER IMPACT FEES AS REQUIRED BY ORDINANCE; AND 3. DEEDS SHALL BE CROSS-RECORDED FOR THE FOUR ACRES LOCATED IN BIG LAKE TOWNSHIP AND THE SIX ACRES LOCATED IN ELK RIVER TO PREVENT FUTURE SUBDIVISION OF THE PARCELS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2A. Consider Resolution Dedicatina a Trail Easement for Pedestrian Bridae 6.2B. Consider Resolution Reauestina MnDOT APproval of Bid for Pedestrian Bridge City Engineer Terry Maurer presented these two items to the council. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-59 REGARDING A TRAIL EASEMENT FOR A PEDESTRIAN PROJECT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 99-60 AWARDING THE BID FOR THE PEDESTRIAN BRIDGE PROJECT TO REDSTONE CONSTRUCTION IN THE AMOUNT OF $525,513.53. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. 175th Avenue Improvement Proiect Land Acauisition City Engineer Terry Maurer indicated that staff has been researching the necessary easements and preparation of right-of-way plans for the 175th Avenue improvement project. He indicated that there are approximately 17 easement parcels that need to be acquired for this project located along 175th Avenue from Tyler Street to Filmore Street. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE STAFF TO ACQUIRE A QUOTE FROM EVERGREEN LAND SERVICES FOR THE ACQUISITION OF THE NECESSARY RIGHT-OF-WAY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Reauest to Authorize Bids for Ice Arena Bleachers Lori Johnson indicated that staff is requesting authorization to go out for bids for the replacement of bleachers at the Barn located in the Ice Arena. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR NEW BLEACHERS AT THE BARN IN THE ICE ARENA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Consider Authorization to Replace Damaaed Sauad Car e Police Chief Zerwas indicated that Assistant Chief Beahen's squad car was damaged in an automobile accident. He requested authorization for replacement of the vehicle. Chief Zerwas presented three bids for replacement vehicles. City Council Minutes August 9, 1999 Page 5 e COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE PURCHASE OF A 1999 CHEV LUMINA FROM SAXON MOTORS AT A PURCHASE PRICE OF $15,900. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Review Policv for Use of City Prooertv City Clerk Sandy Peine presented a draft policy for the use of city property for council review. Councilmember Motin suggested that the policy specify that city property include HRA and EDA property. Councilmember Motin also suggested that community events be restricted to "not-for-profit entities." It was the consensus to adopt the policy as presented with these two amendments. COUNCILMEMBER MOTIN MOVED TO ADOPT THE POLICY FOR THE USE OF CITY PROPERTY WITH THE TWO AMENDMENTS RELATING TO HRA AND EDA PROPERTY AND NOT-FOR-PROFIT ENTITIES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Acceot Resianation from Darrell Mack and Discuss Wastewater Treatment Plant Suoerintendent Position e Lori Johnson requested the council to consider Darrell Mack's resignation. She noted that Gary Leirmore will take charge in the interim until a replacement for Darrell is hired. COUNCILMEMBER FARBER MOVED TO ACCEPT DARRELL MACK'S RESIGNATION AS WASTEWATER TREATMENT SUPERINTENDENT WITH REGRET AND INDICATING THAT THE 29 YEARS OF SERVICE THAT HE PROVIDED THE CITY HAVE BEEN COMMENDABLE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The council discussed the issue of combining the position of water and sewer superintendent. It was the consensus of the council that this was an opportune time to discuss this issue as both superintendents are retiring. Councilmember Dietz indicated that it is not the city's intention to take over the water department but to structure the position so as to have one employee. He further stated that he will be asking the Utilities Commission to look at this again due to Darrell's retirement. Bryan Adams felt that there are issues that have to be resolved regarding statute 412.321 dealing with the authority in operating a utilities commission. City Attorney Peter Beck suggested that the city hire a lawyer to review this issue. He stated that a third party opinion would be non biased and could be obtained for a reasonable fee. e The Council directed the City Attorney to request a legal opinion from Jim Strommen, Holmes & Gravin, on the issue of a shared sewer and water superintendent position. The council directed staff to schedule a joint meeting with the Utilities Commission to discuss the water and sewer positions and structure. Councilmember Thompson recommended that the Utilities delay the hiring process for the water superintendent until this issue is resolved. The council concurred. City Council Minutes August 9, 1999 Page 6 e Mayor Klinzing indicated that during the joint discussion by the Council and Utilities Commission regarding this issue, the discussion should be all encompassing which includes the possibility of a referendum to allow either the utilities to take over the sewer department or the sewer department to take over the water department. She noted that this is the time to look at all options. 8. Other Business 8.1. Northstar Corridor Mayor Klinzing updated the council on a Northstar Corridor meeting held to discuss station locations. She noted that the North Star Corridor Commission has chosen the area of 171 st Avenue as the first choice for the station location in Elk River. Michelle McPherson indicated that the Planning Commission will be discussing this issue and that it will be presented to the City Council for discussion on September 16. 8.2. Open Space Cluster Meetina Mayor Klinzing informed the council that a meeting was held regarding the concept of open space clustering. She indicated that residents affected by this proposed ordinance were invited to attend the meeting. e 8.3. Main Street/Hiahwav 10 Intersection Mayor Klinzing indicated that she would like to see some improvements made to the Highway 10 and Main Street intersection. The issue pertained to the length of time it takes to go through the signal while waiting in the right lane on Main Street heading west. Terry Maurer indicated that the city controls the intersection. He suggested turning the right lane into a right turn only lane. It was the consensus of the council to have the city attorney put together a proposal that could be presented to the council for review. 9. Staff Updates The City Engineer indicated that MnDOT has acknowledged the city's continued request for the need of a traffic signal at Trunk Highway 169 and County Road 33. He noted that MnDOT is reviewing the issue. 9. Adjournment There being no further business, the meeting of the Elk River adjourned at 8:36 p.m. e ~~~K-P Sandra Peine City Clerk