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09-13-1993 CC MIN - SPECIAL . SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY SEPTEMBER 13, 1993 Members Present: Mayor Duitsman, Councilmembers Scheel, Dietz and Holmgren (6:07 p.m.) Members Absent: councilmember Farber Staff Present: Pat Klaers, City Administrator; Bill Rubin, Economic Development Coordinator; Phil Hals, Street/Park Superintendent; Terry Maurer, City Engineer; Sandra Thackeray, City Clerk 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 6:05 p.m. by Mayor Duitsman. 2. Consider 9/13/93 City Council Agenda COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 9/13/93 CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. . 3. Consider 9/7/93 city Council Minutes COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 9/7/93 CITY COUNCIL MINUTES. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 2-0-1. Councilmember Dietz abstained due to his absence from the meeting. Councilmember Holmgren arrived at this time (6:07 p.m.). 5.2. Consider Jackson Square Parking Lot Bill Rubin explained that the Elk River HRA has agreed to fund improvements to the Jackson Square parking lot ranging from $20,000 to $24,000. He stated that the improvements would consist of improving the parking lot, retaining green space, and retaining the flagpole. He indicated that ~n August, the HRA reviewed three illustrations for the proposed improvements to Jackson Square and voted to refer the illustrations to the Downtown Development Corporation for review and comment. Bill Rubin stated that the members of the Downtown Development Corporation reviewed the HRA proposals and suggested a revised layout which is labeled "hybrid concept". He further stated that the group desired to retain as much green space as possible and to create angular parking stalls. Bill Rubin stated that the HRA met again in September to review the . comments of the Development Corporation and to discuss the revised illustration. He stated that the HRA voted to recommend the "hybrid concept" to the City Council for final action. . . . Elk River city Council Meeting September 13, 1993 Page 2 Bill Rubin distributed a handout illustrating newly revised layouts of the Jackson Square parking lot. He indicated that since the HRA recommendation, City staff has had an opportunity to discuss the proposed Jackson Square parking lot improvements. He indicated that City staff is suggesting that parking be perpendicular as opposed to angular, as it would provide for better traffic flow in the area. He further indicated that City staff suggested eliminating the parallel parking spaces along Jackson Place. Mayor Duitsman indicated that the HRA and the Downtown Development Corporation preferred angular parking as they felt it would be easier to maneuver pick-up trucks in and out of the parking spaces. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PROPOSAL FOR JACKSON SQUARE PARKING LOT SHOWN ON THE HANDOUT DISTRIBUTED BY BILL RUBIN, ECONOMIC DEVELOPMENT COORDINATOR, WITH ANGULAR PARKING AND WITH THE ELIMINATION OF THE PARALLEL PARKING ALONG JACKSON PLACE. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Former Railroad Property Parking Lot Improvements Bill Rubin indicated that in conjunction with the Jackson Square parking lot improvements, the Elk River Downtown Development corporation also voted to recommend improvements to the parking lot which is bounded by Jackson Avenue, U.S. Highway 10, Hunts Feeds, and the railroad tracks. He stated that the HRA reviewed the recommendation by the Downtown Development Corporation and voted to recommend that the City Council approve a perpendicular design for parking lot improvements on this site and that these improvements occur in conjunction with the activities at Jackson Square. The HRA will finance these improvements. COUNCILMEMBER DIETZ MOVED TO APPROVE A DESIGN FOR THE PARKING LOT AND LANDSCAPING ENHANCEMENTS FOR THE AREA BOUNDED BY JACKSON AVENUE, U.S. HIGHWAY 10, HUNTS FEEDS, AND THE RAILROAD TRACKS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.1. Consider Action to Correct Erosion of Embankment at Gates Avenue and 5-1/2 Street Phil Hals indicated that the Council previously reviewed an issue involving the erosion of an embankment on the east side of Gates Avenue at 5-1/2 Street. He stated that since Council review of this issue, he has had an opportunity to video the area and to further study the issue. A video of the area was shown at this time. the Council consider constructing pole located on site to the He stated that a 30" retaining wall He further recommended that sod be retaining wall to eliminate erosion. Phil Hals recommended that retaining wall from the utility boundary of the property. cost about $700 in materials. about 20' in width behind the a 30" north would laid . . . Elk River City Council Meeting September 13, 1993 Page 3 Councilmember Scheel questioned the City's obligation to landscape private property. Phil Hals indicated that it is the City's obligation to control the erosion. Councilmember Dietz stated that the children would probably still try to jump the retaining wall and suggested a cyclone fence instead of the retaining wall. Dan Christianson, 517 5-1/2 Street, suggested that the Council install a fence and to continue the fence further than the utility pole so that it will connect to the adjoining property owner's fence. He stated that if the City did not connect to the fence, and ended at the pole, the area beyond the pole would end up in the same condition as the area that the City is trying to correct at this time. Councilmember Holmgren indicated that the area has become a playground for children in the summer. The City Administrator suggested that it is not the City's responsibility to fence private property to control neighborhood children. Councilmember Holmgren indicated that it is the City's responsibility to control a nuisance. He indicated that this is an unusual situation and must be corrected. COUNCILMEMBER HOLMGREN MOVED TO CONSTRUCT A CHAIN LINK FENCE FROM THE NORTH END OF THE PROPERTY IN QUESTION AND THAT THE FENCE RUN ALONG THE PROPERTY LINE AND CONNECT TO THE ADJOINING NEIGHBORS FENCE ON THE SOUTH END. Councilmember Dietz indicated that one neighbor has already put up a fence to keep neighborhood children off of his property and questioned why the City should have to pay for a fence to solve a private property owner's problem. Mayor Duitsman indicated that he is not sure this is the City's responsibility. MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER HOLMGREN MOVED TO CONSTRUCT A 5' WIRE CHAIN LINK FENCE TO RUN SO', AND THAT THE CITY DO THE NECESSARY LANDSCAPING TO SOLVE THE EROSION PROBLEM. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Phil Hals, Street/Park Superintendent, fence and the road and one row behind indicated that he would maintain the sod. suggested sodding between the the fence. Mr. Wally Fox 5.4. Meadowvale Heights Trunk Utility Improvements Terry Maurer, City Engineer, indicated that a total of seven bids were received for the Meadowvale Heights trunk utility improvements. He indicated that the low bid was from Richard Knutson, Inc., at $463,103.70. Terry Maurer indicated that in exchange for the easements, staff has negotiated a deferral of the assessments against the Nord property. He indicated that the easement documents are being prepared for Mr. Nord's signature. . . . Elk River city council Meeting September 13, 1993 Page 4 COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-48, A RESOLUTION ACCEPTING BID FROM RICHARD KNUTSON, INC., IN THE AMOUNT OF $463,103.70 AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE MEADOWVALE HEIGHTS TRUNK UTILITY IMPROVEMENTS OF 1993 CONTINGENT UPON EXECUTION OF THE EASEMENTS AND AGREEMENT BETWEEN THE CITY AND THE NORD FAMILY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Trunk Highway 10 Lift Station Sanitary Sewer Construction Bids Terry Maurer stated that four bids were received for the lift station and trunk sanitary sewer improvements. He indicated that the low bid was from LaTour Construction at $413,197.50. Terry Maurer distributed a handout from LaTour Construction at this time. He indicated that LaTour Construction has indicated that they have discovered various mistakes in their bid and are requesting to withdraw the bid. Terry Maurer indicated that the bid is $130,000 lower than the next lowest bid. He further indicated that the contractor is requesting that the bid bond of $20,000 be returned. It was the consensus of the Council that the bid bond not be returned and that the City Engineer continue negotiations with LaTour Construction. COUNCILMEMBER DIETZ MOVED TO TABLE THIS ISSUE UNTIL THE 9/27/93 CITY COUNCIL MEETING SO THAT THE CITY ENGINEER HAS TIME TO DISCUSS THE ISSUE WITH LATOUR CONSTRUCTION. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Overnight Parking, For Sale Vehicles at the Old Creamery Site Bill Rubin indicated that numerous cars have been observed on the former creamery site for long periods of time. He stated that some of these vehicles are listed for sale and are parked there for several days. He further indicated that there have been vehicles parking on the green areas of this property. He suggested that in an effort to regulate this activity, the City Council authorize the installation of "no parking in excess of 24 hours" signs and other signs as appropriate. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE REGULATORY SIGNS ON THE OLD CREAMERY PROPERTY TO PARKING AND PARKING ON THE GREEN SPACE AREA. SECONDED THE MOTION. THE MOTION CARRIED 4-0. THE INSTALLATION OF ELIMINATE OVERNIGHT COUNCILMEMBER DIETZ 5.7. Other Terry Maurer indicated that he has reviewed the drainage problem in the Deerfield 3rd Addition relating to Mr. Mike Poppin's area. Mr. Mike Poppin was present. Terry Maurer reviewed the proposed solution to the problem. Mr. Poppin suggested that corrections take place as soon as possible as every time it rains flooding occurs in his home. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE CITY ENGINEER TO AHEAD WITH THE DEVELOPMENT OF PLANS AND SPECIFICATIONS AND FINANCIAL ANALYSIS OF THE STORM SEWER SOLUTION FOR THE DEERFIELD DRAINAGE ISSUES AS SOON AS POSSIBLE. COUNCILMEMBER DIETZ SECONDED MOTION. THE MOTION CARRIED 4-0. MOVE THE 3RD THE . . . Elk River city Council Meeting september 13, 1993 Page 5 The City Council recessed at 7:12 p.m. for the EDA Meeting and reconvened at 8:45 p.m. 8. storm Drainage study Terry Maurer stated that the Comprehensive storm Drainage Plan will be a tool to be used by agencies, commissions, and groups with active roles in the planning and development of the City of Elk River. He indicated that information such as the best locations for ponding, storm water, and the necessary size of each ponding area will allow planners to develop land and property that drains properly and provides the maximum benefit to property owners. Terry Maurer's discussion focused mainly on Exhibit 7 of the storm Drainage Plan which outlines drainage districts in the City of Elk River. Terry Maurer reviewed the storm drainage problems occurring at Main and Evans. He indicated that the City has two options which are either to combine the correction with the street improvements or to solve the drainage problem by itself. Mayor Duitsman stated that he felt the number one concern is the area located by Waddy Schultz and George Deschenes property. Terry Maurer indicated that there are really three major concerns at this time; the Deerfield area, the Waddy Schultz/George Deschenes area, and the Main Street and Evans area. The Council also discussed drainage issues related to commercial development north of School street along Highway 169. The Council improvement referendum, which would funding options for a city-wide storm drainage Funding options included assessments, tax levy, payments, and a city-wide storm drainage fee through the utility billing system. discussed program. developer be billed The City Administrator indicated that the City staff recommendation would be a city-wide storm drainage billing. The City Administrator indicated that this would be discussed in further detail with the Finance Director, City Attorney, and the City Engineer and be presented to the Council at a later date. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE CITY STAFF TO CONTINUE WORKING ON THE COST, TIMING, AND FUNDING OF THE MAJOR STORM DRAINAGE PROBLEMS IN THE CITY INCLUDING DEERFIELD, WADDY SCHULTZ/GEORGE DESCHENES AREA, AND MAIN STREET AND EVANS AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. Staff Updates/other Business Jackson Avenue Sidewalk - Terry Maurer, City Engineer, indicated that the Council previously authorized the construction of a sidewalk along Jackson Avenue from School Street to Highland Avenue. Terry Maurer suggested that the Council consider constructing a bituminous pathway from the northern school parking lot north. He indicated that the construction of a concrete sidewalk at this time would conflict with future plans. He stated that the construction of a bituminous pathway would be less expensive, address the immediate problem, and can be removed at the time of future construction. He further indicated that . . . Elk River City Council Meeting September 13, 1993 Page 6 the sidewalk from School Street to the second parking lot can be constructed with concrete and will not affect future plans. The City Council concurred with the City Engineer. Four Way Stop Gates Avenue and 3rd Street - Councilmember Scheel questioned whether a four way stop could be located at Gates Avenue and 3rd Street. Terry Maurer explained that there are usually certain criteria that should be met prior to erecting a four way stop. It was the consensus of the Council to take some traffic counts at this area, to determine whether the traffic warrants a four way stop. BU3iness Expo - The City Administrator indicated that the Business Expo would be held in October and questioned whether the Council would be interested in a City booth. It was the consensus of the Council that there be no City booth at the Expo. Outlot A The City Administrator bid on the three lots owned by the City located in the schoolview Addition. has offered $10,000 per lot. indicated that he has received a of Elk River known as Outlot A He indicated that Mark Kleckner Councilmember Scheel stated that $10,-000 per lot was too low considering the fact that the lots are sewered and watered lots. The City Administrator stated that the City has chosen not to sell the lots separately. He indicated that two years ago the City was offered $27,000 for the three lots, but the purchase was never completed. The City Administrator further indicated that at one time the City requested bids for the sale of the lots and that all of the bids were rejected because they were too low. COUNCILMEMBER DIETZ MOVED TO SELL THE THREE LOTS KNOWN AS THE SCHOOLVIEW ADDITION FOR $30,000 AND THAT THE MONEY THE FRONT END LOADER FOR THE STREET DEPARTMENT IN 1995. HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. OUTLOT A IN BE APPLIED TO COUNCILMEMBER 10. Adjournment There being no further business, COUNCILMEMBER ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED MOTION CARRIED 4-0. HOLMGREN MOVED THE MOTION. TO THE The meeting of the Elk River City Council adjourned at 10:00 p.m. Respectfully submitted, J~~( {J-fi~c-<,? Sandra A. Thackeray City Clerk