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05-03-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 3, 1993 Prior to the City Council meeting the VFW presented a flag for the City Hall/Police Department facility. Members Present: Mayor Duitsman, Councilmembers Farber and Dietz. Councilmember Holmgren arrived at 7:20 p.m. Members Absent: Councilmember Scheel Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Peter Beck, City Attorney; Stephen Rohlf, Building and Zoning Administrator; Phil Hals, Street/Park Superintendent; Russ Anderson, Fire Chief 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 6:00 p.m. by Mayor Duitsman. 2. Consider 5/3/93 City Council Agenda Item 9.6., Set Up License for Elk River Country Club, was added to the agenda. COUNCILMEMBER DIETZ MOVED TO APPROVE THE 5/3/93 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3.1. Consider 4/1/93 Special City Council/Orono 3rd Neighborhood Meeting Minutes COUNCILMEMBER FARBER MOVED TO APPROVE THE 4/1/93 SPECIAL CITY COUNCIL MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4. Proclamation Mayor Duitsman proclaimed May 14, 1993, as Poppy Day. Donna Costello and Paula Grandland both presented the Mayor with Poppies. 5. Presentation of Northbound Liquor Annual Report Fritz Dolejs, Northbound Manager, presented the 1992 Northbound Liquor Store Annual Report. Fritz stated that Northbound has reached another all time high in sales for 1992 of $2,269,773. Fritz reviewed the gross sales, net profit, and operating expenses for 1992. He also informed the Council of pending legislation which could affect liquor sales. . . . Elk River City Council Minutes May 3, 1993 Page 2 The Council discussed the possibility of a second liquor store. Fritz Dolejs informed the Council that there will be a second liquor store in the future, however, due to current available growth capacity at Northbound and due to concerns about the liquor industry, now may not be a good time to consider construction of a second store. He indicated that it would be wise to purchase property when it is available for a future second store. He indicated that when purchasing property, it would be best to look at property available on the north side of Highway 10 with easy on/off access on the west side of the City. The City Council commended Fritz Dolejs for the job he has done at Northbound Liquor Store. 6.1. Consider Purchase of Copy Machine The City Clerk requested the Council to authorize the purchase of one high volume and one low volume copy machine. She indicated that she received quotes from four companies, but considered only two of the quotes as the other two did not meet all of the specifications. She stated she did reference checks on both the Cannon and the Ricoh, which are the machines under consideration. She recommended that the Council authorize the purchase of the Ricoh 7870 at $20,659 and a Ricoh 4415 at $3,482. COUNCILMEMBER FARBER MOVED TO PURCHASE A RICOH 7870 COPY MACHINE AT $20,659 AND A RICOH 4415 COPY MACHINE AT $3,482. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.2. Review of Spring/Summer Street/Park Department Work Schedule 6.3. Landscape Plan Phil Hals, this summer. Street/Park Superintendent, reviewed his work schedule for The work schedule consisted of the following: - New City Hall site to be done in May/June - Orono Park to be done in May/June - Jackson Square Parking Lot to be done in September Old City Hall site on Main Street and Highway 10 to be done in September Community Education Fields to be done in May (Bituminous paving and trails in August) - Depot Site to be done in June - Liquor Store Improvements to be done in May - Boulevard Trees to be done in May Irrigation System start up in spring - Dispose of silica sand in May - Grind stumps in June Street overlays, patches and seal coating to be done in August Phil Hals reviewed his proposed landscaping plan for the Elk River City facilities. He proposed to seed the front area of the City Hall with annual rye grass so that the irrigation can be installed. He indicated that by seeding the rye grass at this time the City Hall property would look very presentable for the 4th of July Celebration, the County Fair, and the City Hall Grand Opening. Phil Hals indicated that he . . . Elk River City Council Minutes May 3, 1993 Page 3 considered sodding the area, however, the sod would cost $6,000 and to have a contractor lay the sod would cost another $6,000. He indicated that if his crew were to lay the sod, other items on the work list would have to be delayed. Councilmember Holmgren arrived at 7:20 p.m. Phil Hals presented the City Council with the City Hall landscape plan. He requested that the Council consider the purchase of the major portion of the trees and shrubs for the landscaping. Councilmember Dietz indicated that he agreed with the landscaping plan and work schedule. COuncilmember Farber stated that he felt the area around City Hall should be sodded. Councilmember Holmgren indicated that he also preferred sod. Phil Hals reviewed the City Hall seed and sod plan once again with the City Council and suggested that the irrigation could possibly be contracted out if the City staff would be required to lay the sod. He further indicated that items that would have to be delayed due to the Street Department staff laying of the sod would include Orono Park trail system, boulevard trees, Community Ed fields, and liquor store improvements. He further stated that if the City Council decides to sod, it would cost $6-$12,000 extra. It was the consensus of the Council to authorize Phil Hals to begin the irrigation project for the City Hall complex and to come back to the City Council for a decision on seed versus sod in the near future. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PURCHASE OF THE TREES AND SHRUBS FOR THE CITY HALL LANDSCAPING PLAN TOTALING $7,295.25. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Right-of-way Exchange 221st Avenue Phil Hals informed the Council that Mr. Richard Bury, owner of a gravel pit on 221st Avenue, has contacted the City with a request to locate 221st Avenue north of its present location. He stated that the relocation would eliminate some curves and very limited site distances, and further, that Mr. Bury would exchange the property for the new road alignment at no cost to the City. He further stated that Mr. Bury has offered to furnish Class 5 road base at no charge. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY ENGINEER AND STREET SUPERINTENDENT TO PURSUE THE RIGHT-OF-WAY EXCHANGE OF 221ST AVENUE AND TO PURSUE QUOTES FOR DIRT AND GRADING FOR THE PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Open Mike No one appeared for this item. . . . Elk River City Council Minutes May 3, 1993 Page 4 8. Joint Meeting with Elk River Utilities The Elk River Utilities Commission was present for this item. Present were Jim Simpson, Bill Birrenkott, Bob McCartney, George Zabee, and Jim Tralle. Mayor Duitsman informed the Elk River utilities that the Council had discussed this issue and suggested requesting the Elk River Utilities to use a $700 Water Connection Charge (WCC) and to request a new charge of $300 which would be a Water Availability Charge (WAC). He stated that these terms would be considered legal according to State Statutes. Peter Beck, City Attorney, informed the utilities that it was best to divide the fees into a WCC and a WAC as both are authorized by State Statute. He indicated that the Utilities Commission has proposed that the WCC and WAC would both be charged at the time of connection, except for new plats. He stated that new plats could pay the WAC at the time of final platting. Property that is not platted or which has already been platted would pay the same charge at the time of connection. Discussion was held regarding collection of the fees for commercial plats. Bill Birrenkott suggested charging the minimum at the time of platting and collecting the balance at the time of connection. Following this discussion, it was determined that the WAC would be $300 and the WCC would be $700. Mayor Duitsman informed the Elk River Utilities that it was decided by the Council that $375,000 from Tax Increment District No. 4 would be contributed for the building of the water tower in the west. He also indicated that the Council decided that the $120,000 contributed by the utilities Commission to the School Street water tower would not be returned as these monies have already been used for financing industrial land for the City. Mayor Duitsman also suggested that the Utilities may not need to increase the WCC at 4% on a yearly basis based on the growth in the City. He suggested an annual review or an adjustment of the rate each year. Jim Simpson indicated that the Elk River Utilities are considering a plan to review all fees on an annual basis. Discussion was held regarding the future available funds for funding a water tower in the eastern portion of the City. Bill Birrenkott indicated that based on 1987, the worst case scenario would allow $206,000 for the financing of a water tower and well in the east. Mayor Duitsman stated that planning a water tower in the eastern portion of the City may be premature at this time as the residents and property owners have not been consulted. He stated a meeting may be held this summer with the property owners in the eastern area of the City regarding this issue. Discussion was held regarding the need for a water tower in the northeastern section of the City. George Zabee indicated that if the need is there, the Utilities should act on the present bids and order the water tower. . . . Elk River City Council Minutes May 3, 1993 Page 5 Steve Rohlf, Building and Zoning Administrator, spoke to the need of a water tower in the northeast section of the City. He indicated that there are several commercial plats proposed that have had to be denied due to the lack of availability of water. He further indicated that Elk Park Center and Cherry Hill Bluffs 2nd Addition plat are on hold until water is available. Rick Foster questioned whether the City would allow him to continue his platting in that area if the tower is not ordered. Councilmember Dietz informed the Utilities Commission that he would like to see the WCC reviewed on a yearly basis. He further indicated his concern regarding the continued increase in the $700 figure. Jim Tralle stated that the reason for raising the fee on a yearly basis was because the Utilities felt it would be best to raise the fee in increments rather than raising the fee all at once to keep up with surrounding communities. Following this discussion it was Utilities Commission meeting, recommendation to adopt the policy prepare the necessary ordinance the WCC and WAC fees. the consensus that at the next the Utilities would consider a and direct the City Attorney to amendments to implement the policy of The City Council recessed at 8:30 p.m. and reconvened at 8:40 p.m. 9.1. Preliminary Plat Review and Variance Continued Public Hearing for CherryHill Bluffs 2nd Addition by Richard Foster steve Rohlf, Building and Zoning Administrator, stated that the plat of CherryHill Bluffs 2nd Addition was referred back to the Planning Commission because of a rev~s~on in the plat which dealt with the length of Freeport Street as a dead-end road. He indicated that a reduction of the revised plat consisted of 51 lots as opposed to the original 52 lots. He indicated that the Planning Commission reviewed the revised drawing and recommended approval of the preliminary plat of CherryHill Bluffs 2nd Addition and recommended approval of the associated variances with several stipulations. Mayor Duitsman requested public comment. Councilmember Holmgren of Lot 10, Block 3, in modify the shape of and concurred with the indicated that he had a concern with the shape the plat. He suggested some lot line changes to the lot. The developer, Rick Foster, was present modifications. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT OF CHERRYHILL BLUFFS 2ND ADDITION WITH THE MODIFICATION IN LOT 10, BLOCK 3, AND WITH THE FOLLOWING STIPULATIONS: . . . Elk River City Council Minutes May 3, 1993 Page 6 1. PRIOR TO FINAL PLAT, LOT SIZES AND WIDTH REQUIREMENTS ARE VERIFIED TO MEET CITY STANDARDS ON THE REVISED VERSION OF THE PLAT. 2. THE DRAINAGE PLAN FOR THE PLAT BE APPROVED BY THE CITY ENGINEER PRIOR TO COUNCIL REVIEW OF FINAL PLAT. FURTHER, THAT OUTLOT D AND OUTLOT B BE DEDICATED TO THE CITY BECAUSE THEY ARE INTRICATE PARTS OF THE PLAT DRAINAGE. IN ADDITION, THAT AN ARMY CORPS OF ENGINEERS AND DNR PERMIT IS OBTAINED TO ACCOMPLISH DRAINAGE IN THE PLAT, IF REQUIRED. LASTLY, THAT MNDOT APPROVE THE DRAINAGE PLAN AND ALLOW A CONSTRUCTION PERMIT WITHIN THE RIGHT-OF-WAY TO ACCOMPLISH PLAT DRAINAGE. 3. MNDOT'S NOISE STUDY IS CONSIDERED AND THE DEVELOPER PROVIDE PLANS FOR BUFFERING THE PLAT FROM HIGHWAY NOISE PRIOR TO COUNCIL REVIEW OF FINAL PLAT. 4. NORTHERN NATURAL GAS COMPANY'S REQUIREMENTS FOR WORK IN THEIR GAS EASEMENT BE INCORPORATED IN THE PLANS AND SPECS FOR THE IMPROVEMENTS IN THE PLAT PRIOR TO FINAL PLAT REVIEW. 5. CITY OWNERSHIP OF OUTLOT C IS CONSIDERED AND THIS OUTLOT IS DEEMED UNBUILDABLE. 6. PRIOR TO FINAL PLAT REVIEW BY THE CITY COUNCIL THE DEVELOPER MUST SUBMIT A DEVELOPMENT PLAN FOR STAFF APPROVAL. 7. ROAD NAMES ARE ADJUSTED AS PER STAFF'S RECOMMENDATION. 8. THIS PLAT IS CONTINGENT UPON VARIANCES BEING GRANTED FOR BOTH ROADS. 9. PARK DEDICATION BE $400 PER ADDITIONAL LOT CREATED. 10. SLOPES OF 30% OR MORE ARE PROTECTED BY EASEMENTS AND SLOPES ON THE WEST SIDE OF LOTS 3-7, BLOCK 2, EASEMENTS. SPECIFICALLY THE ARE PROTECTED BY 11. TREES REMOVED FOR CONSTRUCTION OF IMPROVEMENTS IN THE PLAT AND HOUSES HAVE THEIR STUMPS REMOVED WITHIN 24 HOURS OF THE TREES BEING DROPPED OR HAVE THEIR ROOTS SEVERED FROM THE TREES THAT ARE TO REMAIN PRIOR TO FELLING. FURTHER, THAT ROOTS EXPOSED BE BURIED THE SAME DAY THEY ARE EXPOSED. LASTLY, THE TREES THAT ARE TO REMAIN AFTER CONSTRUCTION ARE PROTECTED FROM MECHANICAL DAMAGE BY ROPING OFF THEIR DRIP LINE. 12. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THIS PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 13. PRIOR TO RECORDING THE PLAT THE DEVELOPER MUST SUPPLY THE CITY WITH A LETTER OF CREDIT OF 100% OF THE ESTIMATED COST OF THE IMPROVEMENTS IN THE PLAT OR WHATEVER PERCENT IS CITY POLICY AT THE TIME OF RECORDING. 14. THE STIPULATIONS OF APPROVAL OF THIS PLAT ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT. 15. THE DEVELOPER REIMBURSE THE CITY FOR THE COST INCURRED IN REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. . . . Elk River City Council Minutes May 3, 1993 Page 7 16. THE PLAT IS CONTINGENT UPON THE EXECUTED SALE OF CITY PROPERTY TO THE DEVELOPER WITH THE ISSUE OF MNDOT'S PROPERTY BEING RESOLVED. 17. THIS PLAT APPROVAL IS CONTINGENT UPON A SATISFACTORY RESOLUTION OF THE ISSUE OF WATER CAPACITY AND PRESSURE PRIOR TO FINAL PLAT REVIEW. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ASSOCIATED VARIANCES PLAT OF CHERRYHILL BLUFFS 2ND ADDITION. COUNCILMEMBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. TO THE HOLMGREN 9.2. Russ Anderson, Fire Chief - Discuss City Hall Russ Anderson addressed the City Council regarding the issue of the Fire Department using the City Fitness Room. Russ informed the Council that although the Fire Department does have fitness equipment, when the Fire Department building was designed, it was not designed to include a Fitness Room. He indicated that the room is merely a small 6 foot high open mezzanine area which will eventually be used for storage. He further indicated that the Fire Department owns their own fitness equipment and that the room is open to firefighters and members of their family. COUNCILMEMBER DIETZ MOVED TO INCLUDE THE FIRE DEPARTMENT EMPLOYEES AS ELIGIBLE TO USE THE CITY FITNESS ROOM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Russ Anderson distributed a time informed the Council that he is and requested the Council to review discuss at a later date. sheet for 1992 activities. He working on a fire inspection program his work activities for 1992 to 9.3. Feasibility Study Amendment Heritage Landing The City Administrator informed the feasibility study is an amendment to the study. A public hearing on this project Council that the Fresno Street Heritage Landing feasibility is scheduled for 5/17/93. 9.4. Survey Response from Orono Lake 3rd Addition The City Administrator indicated that after reviewing the results from the Orono Lake 1st, 2nd, and 3rd Additions, it was that the residents are not in favor of municipal improvements. survey evident COUNCILMEMBER HOLMGREN MOVED TO REJECT THE PROPOSAL OF INSTALLING MUNICIPAL IMPROVEMENTS IN ORONO LAKE ADDITIONS 1, 2, and 3, WITH THE EXCEPTION OF F'RESNO STREET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9.5. Advertisement for Police Officer Position The City Administrator stated that as a result of the D.A.R.E. to build a house fundraiser, there is a need to start the process to fill the . . . Elk River City Council Minutes May 3, 1993 Page 8 D.A.R.E. juvenile investigator position. He stated that this request would only start the process to build the eligibility roster for this position. COUNCILMEMBER HOLMGREN MOVED TO D.A.R.E. JUVENILE INVESTIGATOR. MOTION. THE MOTION CARRIED 4-0. ADVERTISE FOR THE POSITION OF THE COUNCILMEMBER FARBER SECONDED THE 9.6. Set Up License for Elk River Country Club COUNCILMEMBER FARBER MOVED TO AUTHORIZE A SET UP LICENSE FOR THE ELK RIVER COUNTRY CLUB. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 11. Other Business There was no other business presented. 12. Staff Updates The City Administrator distributed a handout on Law Enforcement Day at the Elk River Mall. The City Administrator informed the Council of the League Conference Annual Meeting in June. The City Administrator informed the Council that renewal time for employee health insurance is August 1. He stated that staff is going through the standard procedure for renewal. He indicated that based on time constraints, staff has not moved forward with developing an insurance committee or any alternatives to the standard policy. The City Administrator stated that only two out of the four applicants that were to be interviewed will be interviewed. One applicant has accepted another position and another has decided not to be interviewed for the City position. The City Administrator requested to add one other name to the list for the interviews. It was the consensus of the Council to authorize the City Administrator to add another person to the interview list for the Planner position. . . . Elk River City Council Minutes May 3, 1993 13. Adjournment There being no further business, COUNCILMEMBER ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED MOTION CARRIED 4-0. Page 9 HOLMGREN MOVED THE MOTION. The meeting of the Elk River City Council adjourned at 9:35 p.m. Respectfully submitted, ~ ~<~y Sandra Thackeray City Clerk TO THE