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08-23-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 23, 1993 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Cliff Skogstad, Building Official 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 6:15 p.m. by Mayor Duitsman. 2. Consider 8/23/93 City Council Agenda Item 10.1., "Council Updates", was added to the agenda. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 8/23/93 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 8/16/93 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 8/16/93 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consider 8/16/93 Executive Session City Council Minutes COUNCILMEMBER FARBER MOVED TO COUNCIL MINUTES. COUNCILMEMBER MOTION CARRIED 5-0. THE 8/16/93 EXECUTIVE SESSION SECONDED THE MOTION. THE APPROVE HOLMGREN 4. Arts Council Request for 1994 City Contribution/Jane Thompson Louise Kuester introduced members of the Arts Council including Jane Thompson, Kathy Warneke, and Mrs. Darkenwald. She thanked the Council for past support and requested continued support of the Arts Council program. Ms. Kuester reviewed ongoing programs and indicated that the programs this summer have been a success. Councilmember Holmgren stated he was impressed with the Arts Council's performance during the last two years and indicated that he would support the City'S contribution for the upcoming year. Councilmember Dietz stated he would also support the City's contribution provided that the money is not used to pay rent for office space and provided that the Arts Council continues to match the City's contribution. Mayor Duitsman indicated his support. . . . Elk River City Council Meeting August 23, 1993 Page 2 COUNCILMEMBER HOLMGREN MOVED TO SUPPORT CONTINUED $5,000 CONTRIBUTION FOR 1994. THE MOTION. THE MOTION CARRIED 5-0. THE ARTS COUNCIL PROGRAM WITH A COUNCILMEMBER SCHEEL SECONDED 5. Report on Civic Center Committee/Jeff Gongoll Jeff Gongoll Committee. He appointment of addressed the Council as Chair of the indicated that the Civic Center Committee a Councilmember to the Committee. Civic Center requests the COUNCILMEMBER DIETZ MOVED TO APPOINT COUNCILMEMBER FARBER TO THE CIVIC CENTER COMMITTEE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Jeff Gongoll reviewed the concept of a community center which was presented by the Community Center Task Force in late 1990. He also reviewed the proposal of the Civic Center Committee. Jeff Gongoll complimented the Community Center Task Force and indicated that the Civic Center Committee does not intend to change the Task Force's concept but to enhance the concept. He stated that it is a goal of the Committee to bring the issue to a referendum in November, 1993. Jeff Gongoll indicated that several issues must be considered including the impact a civic center would have on Orono Park. He indicated that the Committee sees this civic center as a complimentary facility to the area. He stated that staffing of a facility is also an issue. He indicated that a feasibility study must be completed and would cost approximately $10-12,000. He informed the Council that the Committee will be requesting that this money come from the City. community survey which was done by Decision Resources, Inc., and survey would be necessary. He follow up survey was quoted to be Jeff Gongoll referenced to the approximately three years ago indicated that perhaps a follow up indicated that the cost for the approximately $3500 to $4500. Mayor Duitsman indicated that the primary need in Elk River is a youth center outside of the athletic arena. He stated that a referendum for this civic center type of facility is premature. He further indicated that he is not willing to commit City resources for this project unless he sees a lot more dedication from the people in the community for this project. Jeff Gongoll indicated that the Civic Center Committee has no final product and suggested that a youth center be incorporated into the Civic Center Committee's recommendation. He indicated that the overall concept of the civic Center would be multiple use. Councilmember citizens that such as hockey for something Scheel stated that she has received comments from the Civic Center Committee is working with select groups and arts. She stated that citizens will be paying taxes that many citizens of Elk River cannot use. She further .. . . Elk River city Council Meeting August 23, 1993 Page 3 stated that one of the top priorities resulting from the survey in 1990 was the youth center. Jeff Gongoll indicated that the ice arena is only part of the package and covers only one third of the building. He further stated that there will be ice in the arena only half of the year. Councilmember Holmgren stated that the civic center would be designed to provide a wide spectrum of activity for all groups and is needed now in the community. Councilmember Dietz stated that his major concern relates to operating expenses. He indicated that if the civic center could be self supporting he would support the proposal. Councilmember Dietz also questioned whether the Park and Recreation Commission would have issues to include in the referendum. The City Administrator Commission is interested in include, however, the Park it would not be ready for a indicated that the Park and Recreation a referendum and would have issues to and Recreation Commission has indicated that referendum in November. The Council discussed the possibility of conducting a survey of the citizens of Elk River. The City Administrator suggested that prior to a survey being conducted, the Civic Center Committee should meet with the Youth Center Committee and the Park and Recreation Commission to decide which questions should be included on the survey. It was the consensus of the Council that a follow up survey should be conducted by Decision Resources, Inc., and that more information on the survey should be obtained and that more work on the proposed survey be completed by a Committee. 7.1. Authorize a Proposal to an Industrial Prospect Bill Rubin, Economic Development Coordinator, indicated that the Economic Development Authority met and discussed specifics of a proposal which has been prepared to present to an industrial prospect. He stated that EDA recommended that the City Council affirm the specifics of the proposal and authorize the Mayor to sign a letter outlining Elk Riveris offer to the prospect. The Council reviewed the proposal and concurred with the recommendation. EDA's COUNCILMEMBER SCHEEL MOVED TO AFFIRM THE SPECIFICS OF THE PROPOSAL TO THE INDUSTRIAL PROSPECT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER TO THE PROSPECT ON BEHALF OF THE CITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6 . Open Mike Merry Sipe addressed the Council as a representative for homeowners of the Deerfield 3rd and 4th Additions. She indicated that that their . . . Elk River city council Meeting August 23, 1993 Page 4 concern relates to the refusal of HUD to issue FHA financing for the Deerfield 3rd and 4th Subdivisions. She explained that she has sent several letters to HUD requesting reinstatement to FHA status. She stated that the last letter she received from HUD suggested that the residents contact the City of Elk River or contact an attorney. She further stated that HUD has indicated that they will not make any changes until Jerry smith, the developer, has corrected all of the problems. She stated there are 244 homeowners in the area. Merry Sipe requested that the Council help the citizens as she felt that the elected representatives of the City would have a more significant impact with HUD. Mayor Duitsman indicated that the citizens have been treated unfairly and stated that he would like to see the FHA status reinstated. Cliff Skogstad, Building Official, informed that Council that he has been in contact with Thomas Feeney of the Department of Housing and Urban Development and has requested representatives from HUD to visit the site and point out the areas that need to be corrected. He stated he has received no response from HUD. Cliff skogstad indicated that he also spoke to Ken Hasskamp, Congressman Oberstar's representative. Mr. Hasskamp indicated that HOD has stated that until all violations are corrected, the FHA status will not change. Cliff indicated that there are four items that need to be corrected. They include changing wood retaining walls to concrete, correcting drainage and elevations, and the digging up of buried stumps. Councilmember Holmgren stated that the City has attempted to respond to the citizens and has been in contact with HUD through area representatives and Congressman. He suggested that the City contact our City Attorney to see what other steps can be taken to correct the matter. Councilmember Holmgren suggested that a meeting be set up with representatives of the area, the City Attorney, and Cliff Skogstad regarding this matter. Drainage in the area was discussed. Terry Maurer indicated that the City is in the process of reviewing the storm drainage throughout the City and is specifically looking at Deerfield 3rd and 4th Additions per Council direction on 8/16/93. Tom Brindamour indicated that in January of 1993 he informed the Council of a drainage problem he is experiencing in his yard. He indicated that the Council promised to correct the problem if he granted the City a right of entry to his property. This right of entry has not been signed. He stated that an attempt was made to correct the problem by banking the dirt, however, the drainage problem still exists. Tom Brindamour indicated that he does not wish to go to court with the matter~ but would like to settle it with the City Council. He further stated that he did not want the pond of water on his property but he would be willing to sell the area of land that holds the water to the City. . .. . Elk River City Council Meeting August 23, 1993 Page 5 After discussion regarding this issue, it was the consensus of the Council to put this issue on an upcoming Council agenda with background information provided and with steve Rohlf and Phil Hals being present to discuss the issue. Pat DeMars, 421 Line Avenue, indicated he is concerned about the flooding of 5th street. He stated that this has been a problem since at least 1989. He stated that residents in the area have sustained water damage in their homes and have lost furniture, clothing, etc., as a result of the heavy rain ten days ago. Jeanine Holmberg, a resident of 5th street, indicated that there is a culvert that is blocked by a pile of dirt, therefore not allowing the water to drain. She stated that the dirt has been placed in front of the culvert by George Deschenes. Mayor Duitsman stated that the City has authorized the City Engineer to work on a drainage plan for the City of Elk River and that the plan start trying to correct the problems in this area. Sheldon Waage, 425 Line Avenue, questioned what is being done to correct the water problems in this one particular area. Pat DeMars indicated that he contacted Phil Hals in early spring regarding the mound of dirt and was told that it would be removed. He indicated that the dirt pile was not removed and, therefore, caused the flooding. The Council reiterated the fact that the City is working on a city wide storm drainage program which would eventually solve the water problems in this area. The Council recessed at 8:22 p.m. and reconvened at 8:35 p.m. Councilmember Scheel left at this time (8:35 p.m.) 7.2. Information on Retention of City Council Minutes The Council reviewed the memo from the City of City Council minute tapes. It was the continue the City's policy to save the tapes Clerk regarding retention consensus of the Council to for one year. 8.5.a. Pay Estimate #1 CherryHill Bluffs 2nd Addition 8.5.b. Pay Estimate #2 Heritage Landing Improvements COUNCILMEMBER DIETZ MOVED TO APPROVE PAY ESTIMATE #1 TO LATOUR CONSTRUCTION, INC., FOR WORK COMPLETED ON CHERRYHILL BLUFFS 2ND ADDITION IMPROVEMENTS IN THE AMOUNT OF $30,232.80 AND ALSO TO APPROVE PAY ESTIMATE #2 TO LATOUR CONSTRUCTION FOR WORK COMPLETED ON HERITAGE LANDING IMPROVEMENTS IN THE AMOUNT OF $158,086.70. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . Elk River city Council Meeting August 23, 1993 Page 6 8.5.c. Pay Estimate #12 BOR-SON Construction Pat Klaers, City Administrator, indicated that the Council tabled approval of a pay estimate to BOR-SON Construction at its last meeting. He stated that since that time, staff has had several discussions with Eos Architecture and BOR-SON Construction regarding the items yet to be completed. He indicated that a written list has been provided to the contractor who has indicated that he will make every effort to get the items completed as soon as possible. The City Administrator indicated that the City is still holding a retainage of $53,653.86 on the building. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PAY ESTIMATE TO BOR-SON CONSTRUCTION IN THE AMOUNT OF $57,990.10. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 1993A General Obligation Permanent Improvement R~volving Fund Bonds Pat Klaers informed the Council that as of last Monday's Council meeting, the Letter of Credit for Mississippi Oaks improvements was not yet in place. He indicated that since that meeting the City has not received a positive answer regarding the Letter of Credit for Mississippi Oaks, however, there is every indication that a Letter of Credit will be provided. 8.1. Presentation of Information to be Mailed to East Highway 10 Property Owners Regarding Potential Improvements Terry Maurer, City Engineer, reviewed the information that is proposed to be mailed to East Trunk Highway 10 residents. He stated that the mailing will consist of a cover memo, a questionnaire, examples of property assessments, and the packet of information that was provided at the informational meeting on June 15, 1993. He stated that the mailing will be sent to those property owners that were notified of the June 15th informational meeting. After review of the information, it was the consensus of the Council to eliminate #3 of the questionnaire. It was also suggested that Saxon Motors be notified due to their possible relocation. 8.2. Interim Plan for WWTP Expansion Terry Maurer indicated that the Council has previously been informed that the RBC at the Elk River Wastewater Treatment Plant has experienced a second shaft failure causing two of the eight RBC units to be out of service. He indicated that he has been requested by Darrell Mack to investigate an interim plan which allows one of the two trickling filters proposed in the expansion to be constructed in 1994. He indicated that the expansion of the Wastewater Treatment Plant is planned for 1996. . . . Elk River city Council Meeting August 23, 1993 Page 7 Terry Maurer reviewed the proposed interim plan which includes one trickling filter, a pumping station, and the necessary piping. He indicated that the probable construction costs would be about one million dollars. Terry Maurer informed the Council that if the interim plan is not implemented, the deteriorating RBC's could potentially break down again and cause a violation of the effluent regulations. He recommended that the Council authorize the proposed interim plan to ensure the compliance of regulation before the completion of the Wastewater Treatment Plant expansion. The interim plan will also provide additional capacity. COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE CITY ENGINEER TO PROCEED WITH THE INTERIM PLAN TO CONSTRUCT A TRICKLING FILTER, A PUMPING STATION, AND THE NECESSARY PIPING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.3. School Street and Jackson Avenue Project Update Terry Maurer informed the Council that he has met with Elk River School District staff regarding the Council's request to upgrade the intersection of School Street and Jackson Avenue. He indicated that the School Board evidently discussed this issue at the August 10th School Board meeting and it was the consensus of the school District to postpone the intersection improvement until 1994. Terry Maurer recommended that the City Council delay the project until 1994 due to lateness of starting the project. He further stated that if the project were delayed until 1994, staff would be able to coordinate activities with the School District and, hopefully, reach a consensus on the type of roadway striping and design prior to the building project being constructed. Councilmember Farber related his concern that this was a priority issue for the City Council. He felt it was important to complete the project this year so that safety and traffic concerns would be addressed. Councilmember Holmgren stated that the School District has been aware of the traffic problem in that area for some time. The Council indicated its frustration regarding traffic concerns and the delaying of the intersection project at School Street and Jackson Avenue. The Council .also discussed the fact that no efforts have been taken by the School District to eliminate the student parking at Lion's Park. The Council questioned whether the City budgeted for a police officer to direct traffic during the school year. The City Administrator stated that Dr. Flannery has indicated that the school District staff is addressing some of the parking problems and traffic problems internally, and therefore are hoping that a police officer would not be necessary this year. Councilmember Farber indicated that there have been problems with kids parking in Schoolview Addition as there is not enough parking spaces at the high school. Councilmember Holmgren questioned whether the City would be liable if an accident occurs in the area of School Street and Jackson Avenue. It was suggested by the City Administrator that a joint meeting of the City Council and School Board be held to discuss these issues. . . . Elk River City Council Meeting August 23, 1993 Page 8 Councilmernber Farber suggested that the constructing a sidewalk on Jackson Avenue on Highland. city the Council consider west side up to COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE CONSTRUCTION OF A SIDEWALK ON THE WEST SIDE OF JACKSON AVENUE TO HIGHLAND AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. It was the consensus of the Council to accomplish this sidewalk project as soon as possible. 8.4. Engineering Update on Current Projects/Terry Maurer Terry Maurer reviewed his Status of Current Projects Report dated August 9, 1993. The City Administrator distributed the Storm Water Master Drainage Plan for review. 9. Staff Updates Councilmernber Farber questioned whether the Jackson Square parking lot project would be completed this year. The City Administrator updated the Council on the Jackson Square project. He indicated that the HRA recently reviewed three options and have added one more for consideration. He stated that these options have been sent to the Downtown Development Corporation for review. Following that review the options will be resubmitted to the HRA and then to the City Council. The City Administrator informed the Council that letter to the Downtown Development Corporation replacement as the Corporation has not met since issue. he has not sent a regarding the sidewalk May to discuss this COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON MONDAY, SEPTEMBER 13, 1993, AT 6:00 P.M TO DISCUSS THE FOLLOWING ISSUES: STORM DRAINAGE BIDS STORM DRAINAGE STUDY- MISCELLANEOUS ENGINEERING UPDATES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council discussed a possible meeting date for a joint meeting with the School Board. It was the consensus of the Council that the joint meeting be held either October 4th or October 25th. The City Administrator informed the Council that he met with David Loch, County Coordinator, and discussed issues related to the fairgrounds and development proposals. . . . Elk River city Council Meeting August 23, 1993 Page 9 The City Administrator informed the Council that a staff meeting is scheduled with Krauss-Anderson, regarding the Elk River Mall project. The City Administrator distributed a letter from the State Auditor regarding the Fire Relief Fund. He indicated that this letter would be reviewed and that information would be presented to the Council at a future date. The City Administrator indicated that the Mayor discussed the concept of a City flag contest at the last Council meeting. He indicated that the flag contest will not be included in the Open House. The Mayor indicated that he would like to involve the students in the flag contest. It was indicated by the Council that another possibility would be to contact the Arts Council. The City Clerk indicated that she would work on this project and keep the Council informed of the status of this project. The City Administrator informed the Council that Wally Fox would be present at the August 30, Council meeting to discuss some neighborhood concerns. 10. Other Business There was no other business. 10.1. Council Updates Councilmember Holmgren requested the City Administrator to notify the Street/park Superintendent of the weeds that are growing along Jackson Avenue/Freeport Avenue and School Street. Mayor Duitsman suggested that a letter of appreciation be sent to the D.A.R.E. house coordinators. It was the consensus of the Council that some type of recognition should be given to Clint Corrow, Dan Roche 1 , Rick Olson, and Linda Fredrickson. Mayor Duitsman indicated that he would contact the Police Chief. Councilmember Dietz indicated that he received a Laurent regarding the condition of Troy Street. indicated that Troy Street is a private gravel responsibility of the City. complaint from Carla The City Administrator road and is not the . . . Elk River City Council Meeting August 23, 1993 Page 10 Councilmember Dietz stated that he received a call from a resident in Elk River who has a concern regarding the "bat house". He indicated that the resident is living next to the bat house and is concerned for the health of his children. It was the consensus of the Council to inform the resident to contact the Sherburne County Coordinator. councilmember Dietz indicated he received a complaint from an Elk River resident, Annie England, regarding rats in her house. He indicated that Ms. England cannot get rid of the rats and that she is requesting help from the City. It was the consensus of the Council that the City Administrator talk to Steve Rohlf regarding this problem to see if the City can assist in any way. 11. Adjournment There being no further ADJOURN THE MEETING. MOTION CARRIED 4-0. business, COUNCILMEMBER HOLMGREN MOVED COUNCILMEMBER FARBER SECONDED THE MOTION. TO THE The meeting of the Elk River City Council adjourned at 10:10 p.m. Respectfully submitted, 4' ~2-rwl!/~ :;f11a.< (t~AA_V f,- Sandra Thackeray ~~~) City Clerk