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04-18-1995 CC MIN - SPECIAL-JOINT e JOINT MEETING OF THE ELK RIVER CITY COUNCIUSHERBURNE COUNTY BOARD OF COMMISSIONERS HELD AT THE ELK RIVER CITY HALL APRIL 18, 1995 Members Present: Mayor Duitsman, Councilmembers, Scheel, Holmgren, and Dietz Members Absent: Counci/member Farber Stoff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Steve Ach, City Planner; Peter Beck, City Attorney; Terry Maurer, City Engineer County Commissioners Present: Betsy Wergin, Terry Nagorski, Arne Engstrom, Roy Friedl, Mike Johnson County Stoff Present: Romona Doebler, County Auditor, David Loch; County Administrator, Kathy Heaney; Assistant County Attorney, Dove Schwarting; County Engineer e 1. Call Meetin<;J To Order Pursuant to due call and notice thereof. the special meeting of the City Council was called to order at 6:00 p.m. by Mayor Duitsman. 2. Consider April 18, 1995 Aaenda The following items were added to the agenda: 2.1 Discussion on service center rood west of Joplin street in the Business Center 7. Landfill discussion COUNCILMEMBER SCHEEL MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 4-0. 2.1 Business Center Service Rood Discussion City Engineer Terry Mourer informed the Council that the developers of the Business Park along Highway 10 hove requested the City to consider putting 0 break in one of the medians for 0 temporary amount of time. Terry Mourer stated that stoff has some concerns regarding this request. He explained that the initial concern is the liability the City may expose itself to if there is on occident in that area. Terry Mourer stated that the other concern that the stoff must deal with is how to close the break in the median in the future. e Joint Meeting of the City Council April 18, 1995 Page 2 e The City Administrator stated that staff is recommending denial to the request based on the insurance issue, potential accidents, and legal concerns. Coun<;:ilmember Scheel indicated that she did not feel the break in this median was any different than the break in the median by Ron's Foods. Jay Johnson, representing the developer, stated that the median design has been over-engineered because the traffic will be heavier in the future. He stated that the developer is willing to create whatever documentation is necessary to indemnify the situation. The developer is also willing to escrow money to fill in the break in the median in the future and is willing to make a recordable document to run with the land informing all property owners that the break in the median will be filled in the future. Councilmember Holmgren indicated his support in allowing the break in the median because there will be minimal traffic for the first couple of years. City Attorney Peter Beck stated that he cannot recommend the break in the median as it would be contrary to the engineering principals and designs prepared by the City Staff. Dan Richman, developer of the project, stated that if the curb cut does not go in the project will not be completed this year. e Jim Hill of Total Petroleum indicated that the curb cut is essential to their business and stated that the cut will be needed for 10 years. COUNCILMEMBER HOLMGREN MOVED TO ALLOW THE CURB CUT IN THE MEDIAN UNTil THE CITY ENGINEER RECOMMENDS CLOSING THE CURB CUT AND FURTHER THAT LANGUAGE TO THIS EFFECT BE INCLUDED IN THE DEVELOPER'S AGREEMENT SO THAT THERE IS A CLEAR UNDERSTANDING REGARDING THE FUTURE CLOSING OF THE CURB CUT TO BOTH THE LEASEES AND TENANTS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. MOTION FAILED 2-2. COUNCllMEMBER DIETZ AND MA VOR DUITSMAN OPPOSED. It was the consensus of the Council to authorize the city staff to work with the developers for a possible alternative to the situation and to review the issue on April 25. 3. Discuss The Orono Road! Joolin Street Intersection Kathy Heaney, Assistant County Attorney, reviewed the memorandum of agreement, which was drafted for the intent of the County selling 1.75 acres of land to the City of Elk River to complete the intersection of Orono Road and Joplin Street. The City Council discussed the expenses that the City will be incurring from this transaction. e Joint Meeting of the City Council April 18, 1995 Page 3 e COUNCIlMEM8ER HOLMGREN MOVED TO APPROVE THE MEMORANDUM OF AGREEMENT BY AND BETWEEN THE COUNTY OF SHERBURNE AND THE CITY OF ELK RIVER WHICH WILL ALLOW FOR THE CITY TO ACQUIRE APPROXIMATELY 1.75 ACRES OF LAND IN THE NORTHWEST CORNER OF THE COUNTY FAIRGROUNDS IN ORDER TO CONSTRUCT THE NEW INTERSECTION OF ORONO ROAD AND JOPLIN STREET. COUNCILMEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-0. COUNTY COMMISSIONER ENGSTROM MOVED TO APPROVE THE MEMORANDUM OF AGREEMENT AS ENTERED INTO BETWEEN THE COUNTY OF SHERBURNE AND THE CITY OF ELK RIVER. COMMISSIONER WERGIN SECONDED THE MOTION. MOTION CARRIED 5-0. 4. Transoortation City Engineer Terry Maurer updated the County Commissioners as to where the City is with its planning process for its Long Range Transportation Plan and the City's overall goals for transportation. Discussion was held regarding the east/west corridor connecting Anoka County Road 22 with 209th Avenue. The City Council indicated that it would like to accelerate the County's work on its Comprehensive Transportation Plan as it relates to the City's east/west transportation corridor. e Dave Schwarting stated that it is the County's intent to have its transportation plan complete by July of 1996. Dave Schwarting further indicated that the County is in the final design stage for the reconstruction plan of County Road 1. City Engineer Terry Maurer spoke to certain amenities that the City may want to add to the County project due to the schools, golf course and City parks that are along this route. Mayor Duitsman questioned the timing for the signalization at School Street and County Road 1. Dave Schwarting indicated that the City could initiate a petition for a signal at this area and the County would consider it at that time. 5. County Ditches City Attorney Peter Beck updated the Sherburne County Commissioners and City Council on the status of the current ditch legislation. e Pat Klaers, City Administrator, suggested that the County move forward with necessary improvements to Ditch No. 28 at Troy Street. Pat explained that the City would like to see the County repair Ditch 28 before the City takes it over because the County would then be able to assess those residents outside of Elk River who use Ditch 28. Dave Loch explained that in order to assess benefits for ditch repairs, the County should go through a redetermination of benefit process which costs approximately $20,000 to $30,000. Mayor Duitsman indicated his concern for the citizens and the possible flooding that may take place. He indicated that at the present time the County is liable and questioned whether these situations would be addressed by the County. It was the consensus of the Sherburne County Board that the matter would be reviewed. -" Joint Meeting of the City Council April 18, 1995 Page 4 e 6. Status Of Sewer And Water To The Government Center The City Engineer Terry Maurer updated the Board of Commissioners regarding the sewer and water being connected to the Government Center. He indicated that it would be approximately 30 days before the Government Center will be hooked up to the Utilities. 7. Miscellaneous Library Funding County Coordinator David Loch stated that due to the change in the funding formula for libraries. Sherburne County is paying an additional $80.000 in 1995. $80.000 in 1996 and $80.000 in 1997. David Loch indicated that in a few years under this formula. Wright County and Sherburne County will be paying two million dollars for library use. He indicated that Sherburne and Wright counties will be the major supporters of the Great River Regional Library System but he does not feel they are getting the benefit for the amount of money being paid to support the library system. Old Courthouse Building e Building and Zoning Administrator Steve Rohlf indicated that the EA W process for the destruction of the Old Courthouse Building will be complete by the end of June. Dave Loch. County Coordinator. stated that the County will be letting bids for the removal of the Courthouse on May 16. 1995. Marketino. Of The Administration Buildina County Coordinator David Loch updated the Council and County Board of Commissioners on the status of the Administration Building. He indicated that the County has received an offer for the sale of the building. but the offer was rejected by the County Board. SCORE Grant Commissioner Mike Johnson stated that the County has received less SCORE funding than in the past. He further stated that the County has not had a chance to review all the applications for the SCORE funds. Steve Rohlf. Building and Zoning Administrator. stated that the City is trying to add cardboard to its recycling program and further indicated that the City is in need of recycling bins. Wetland LGU Administration Grant Building and Zoning Administrator Stephen Rohlf updoted the City Council and Board of Commissioners on the City's progress in applying for the Wetland LGU Administration Grant. He indicated that the City is in the process of completing the paper work and will be submitting it to the County. e Joint Meeting of the City Council April 18, 1995 Page 5 e RDF/NSP Uodates Building and Zoning Administrator Steve Rohlf gave a brief update on the RDF/NSP Plant stating that the new name of the facility is ERRR (Elk River Resource Recovery). Assistant County Attorney Kathy Heaney stated that it will be important to keep the RDF Plant in the City of Elk River and requested that the City Council send letters of support to their legislative representatives. Fairarounds Rezonina City Administrator Pat Klaers discussed the City's desire to rezone the west 20 acres of the fairground from R-3 to BP(Business Park). He stated that the Business Park zone is the highest and best use for the area. He indicated that the City would be willing to move this forward when the County is comfortable with the zoning change. ' Mayor Duitsman indicated the City's willingness and desire to keep the fairgrounds in the City of Elk River. David Loch indicated that the County must consider long range planning, and that the fairgrounds should be a multi use type of facility. e Councilmember Dietz questioned whether there was a possibility for using the fairgrounds for temporary soccer fields. There was no opposition from the County Commissioners regarding this suggested use for the fair grounds, however the County Commissioners asked that the request be presented to the Fair Board. Landfill Building and Zoning Administrator Steve Rohlf informed the City Council and County Commissioners that the City and County are mutually participating in a grant to put in an active gas venting system at the Elk River Landfill. He stated that the system will be complete in June and noted that this is a good example of the City and County working together. 8. Other Business There was no other business presented. 9. Adiournment There being no further business, COUNCILMEMBER DIETZ MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Joint City Council Meeting adjourned at 8:20 p.m. e ;z:;2b~ Sandra Thackeray City Clerk ...I