04-22-1991 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, APR.IL 2?, 1 ~9J
MEMBERS PRESENT:
Mayor 'fralle, Councilmembers Holmgren, Kropuenske, and
Dietz
MEMBERS ABSENT:
Councilmember Schuldt
STAFF PRESENT:
Pat Klaers, City Administrator; Terry Maurer, City
Engineer; Phil Hals, Street/Park Superintendent; and
Sandy Thackeray, City Clerk
1.
Pursuant to due call and notice thereof, the meeting of the ELk River
City Council was called to order at 7:00 p.m. by Mayor Tralle.
2. Consider 4/22/91 City Council A~enda
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 4/22/91 CITY COUNCIL
AGENDA. . COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED
4-0.
3.1. Consider 2/18/91 CIP Work Session Minutes
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 2/1f1/91 CIP WORK SESSION
MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
3.2. Consider 4/15/91 City Council Minutes
Councilmember Dietz noted that on Page 14 of the 4/1!)/91 minutes, the
motion pertaining to the Building Official uniforms should he changed
from "10 shirts and 2 nylon jackets" to "!) shi rts and 1 nylon jacket."
COUNCILMEMBER HOLMGREN MOVED TO APPR.OVR THE 4/15/91 CITY COUNCIL
MINUTES AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOT TON . THE
MOTION CARRIED 4-0.
4. Open Mike
Wally O'Dell, representing the Darkenwald Company,
concern regarding a right-in, right-out access off
Highway 16~.
indicated his
of sonthbound
5.1.
Orono Parkland Purchase E & 0 Tool Propertv
The City Administrator requested formal approval from t.he Conncil on
the Real Estate Agreement for the land ~)rchase of E & 0 Tool property
for the extension of Orono Park to the west.
City Council Minutes
April 22, 1991
Page 2
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COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PURCHASE AGREEMENT FOR
THE CITY'S PURCHASE OF THE E & 0 TOOL PROPERTY. COUNCILMEMBER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.2. Citv Hall Demolition Update
Phil Hals, Street/Park Superintendent, indicated that he will be
requesting permission from the County to di spose of the concrete and
brick building materials of old City Hall at Hillside Park. He
indicated he is also applying for a permit from PCA to allow the
disposal of the materials at Hillside Park. Phil Hals reviewed the
proposed timetable for the demolition of the site. 1'he Council
consented to follow the schedule as present-eo by t.he Street/Park
Superintendent in the April IB, 1991 memo to the Mayor ami City Council
regarding the demolition of the old City Hall.
Phil Hals indicated that the Chief of Police has expresseo concern
regarding storage of evidence at the old City Hall sit.e. It. was
suggest.ed that. the Chief check into available mini-storagf' sites and
'the ev'idence""st{irage room at the County for stor'Rg(~ of Cit.y Pol ice
Department evidence.
5.3.
CO.llsider Gamblin!! Exemption for St. A_n~-lre\<l~_~_QJl'.!f'ch
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The City Clerk explained that St. Andrew's Church is request lng an
application for exemption from a la.wful gambling license to allow t.he
operation of bingo, raffles and pull t.abs at thf'i r annual festi va] on
August 10 and 11. It was the consenS1H;; of the City Connei 1 to allow
t.he gambl ing license exemption for St. Anorew' s Church.
5.4. Temporary Beer On-Sale License St. An_drew' !:Ll.'JJ!Ircb.
The City Clerk indicated that St. Andrew's is requesting a temporary
on-sale beer license for the St. Andrew's festival on Augm~t 10 and 11.
COUNCILMEMBER DIETZ MOVED TO APPROVE A TEMPORARY 3.2 BEER ON-SALE
LICENSE FOR ST. ANDREW'S CHURCH FOR AUGUST 10 AND 11 1991.
COlJNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.1. Comdder Proctor Avenue Feasibi Uty Stlg'lx
City Engineer Terry Maurer presented the feasibil ity study for the
Proctor Avenue improvements. He stated that the estimated total
project cost is $877,000. The "proposeo project would consist of
reconstruction of County State Aid Highway #1 (Proetor Avenup) from
Trunk Highway 10, just past the "y" jnt.ersection of CSAH #1 and County
R.oad 77. 1'he reconstruction would i nvn J Vt' concrete curb and gutt.er,
resurfacing and expanding the street., upgra.ding of exjst.ing city
utilities and the construction of a pathway.
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COUNCILMEMRER HOLMGREN MOVED 1'0 ADOP1' RESOLUTTON 91-24, A RESOLUTION
RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE
IMPROVEMENT IN THE MATTER OF THE PROC1'OR AVENUE IMPROVEMENT OF 1991.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTTON CARRIED 4-0.
City Council Minutes
April 22, 1991
Page 3
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6.2. D i scu_ss Westwood Pro.i ect
Terry Maurer, City Engineer, present~d r.he feasibility study for the
Westwood Subdivision area improvement.s. He indi.cated t.hat th(~
feasibility study includes the extension of city utilities and
construction of permanent streets within the Westwood area. He further
indicated that the area was studied in J 985 Rno th~ proposed
improvements were rejected at that time.
Terry Maurer indicated that questionnaires were mailed to RI property
owners in the Westwood area. Fifty-three of the eighty one surveys
were returned. Out of the 53 surveys ret.urned, 24 property owners
indicated they were in favor of investigating the feasibility of street
Rnd utility construction and 27 expresspcl OppOS I tion. Terry Maurer
a] so indicated that 19 water tests were taken in the area and all of
the water tests had passed.
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The City Council reviewed the proposed project and the proposed
assessment cost per property. The Council expressed concern regarding
the high individual assessment cost for the project, especi ally for
those property owners wi th two lots. Di scussion was held by the ct ty
Council as to whether the project should be droppeo immf>oiately or
whether a public hearing should be held to hear concerns of the
property' owners. Councilmember Holmgren indicated he felt the time
frame is not appropriate for this assessment based on the instability
of economics. The Council discussed thf~ possibility of failing septic
systems in the area and the fact that this; project would have to be
done at some time in the future. The City Administrator suggested a
mandatory testing of all the wells in the area be taken to determine
whether or not septic systems are failing in the area.
COUNCILMEMBER HOLMGREN MOVED TO EXPLORE THE LEGAL RAMIFICATIONS OF
MANDATORY WELL TESTING IN THE WERTWOOD AREA. COUNCILMEMBER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
It was the consensus of the Council to accept the feasibility study but
not to order the public hearing until the results of the well tests are
received.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-2!'i, A REROLUTION
RECEIVING THE FEASIBILITY REPORT ON THE IMPROVEMENT IN THE MATTER OF
THE WESTWOOD SUBDIVISION AREA IMPROVEMENT OF 1991. COUNCI LMEMBER
KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.3. Review Fillmore Project
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The City Engineer indicated that at the Apri 1 1, 1991, Fillmore Street
assessment hearing, the City Council directed staff to reconsider the
proposed assessment IlOi ts. He indicated that the request pertained
specHt call y to three properties owned by Rates I Beaudry and McDaniel.
He further stated that he analyzed the {ll acement of the homes on these
three properties as to whether or not they could he further
subdivided. He stated there is width avai lahle on the BaLes and
Beaudry lots for subdivision but not on the McDaniel property. He
City Council Minutes
April 22, 1991
Page 4
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further stated that although there is width for subdivision on the two
lots, neither of the two contain five or more acres which is necessary
t.o further subdivide. Terry Maurer indicated that if the assessment
units are calculated strictly on the number of adequately sized
building sites, then the three described parcels should be reduced to
one unit each.
The Council discussed the fact that this type of situation would be an
ongoing problem and consideration should possibly be given to changing
the policy so assessment of the properties is based on lot size
according to front footage. Terry Maurer indicated that if this is the
Council's wish t.hen the enti re assessment project would have t.o be
recalculated. It was the consensus of the Council that it would he
unfair to raise assessments at this point in the project, therefore a
compromise was made to cut the three Jot assessments from two units to
1-1/2 units because of the unusual situations.
COlJNCILMEMBER HOLMGREN MOVED TO CHANGE THE ASSESSMENTS FROM TWO UNITS
1'0 ONE AND ONE HALF UNITS. FOR THE FOLLOWING PROPERTTES, BATES
75-001-1215; BEAUDRY 75-001-1211; MCDANIEL 75-001-1210 AND FURTHER
THAT THE ASSESSMENTS WERE REDUCED BASED ON THE POSSIBLE SUBDIVISION OF
THE LOTS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
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It was the consensus of the Council to direct stllff to put this item on
the agenda as soon as possible.
6.4. Traffic Count Proposal
The City Engineer indicated that the City must perform traffic counts
on the MSA system this year. He stated that MnDOT is requi ring 124
counts at $16.00 each. The City Engineer requested permission for
Maier Stewart to perform the traffi c counts and further stated that
they would charge the same price of $16.0n eRch that MnDOT W011Id charge.
COHNCILMEMRER DIETZ MOVED TO ADOPT RFSOLlJTION 91-26,
AUTHORIZING TRAFFIC COUNTS BY THE CITY ENGINEER.
KROPUENSKE SECONDED THE MOTION. THE MOTTON CARRTED 4-0.
A RESOLUTTON
COUNCILMEMBER
The City Council recessed at 8:50 and reconvened at 8:55.
6.5a IIllh.wllLJJ?9 Acceleration L~Jlp.s Rp.sllrff!~in1:L~l}.rLTI\-,=.n r.an~-,'i
Ter'ry Maurer indicated that MnDOT is rpl}llpsting adoption of a
resolut.ion for layout approvlll of the resurfacing of Highway 169. He
stated that approval of the resolution would approve prpUminary
1 ayouts for MuDOT plans for the resllrfaci ng of Trunk Hi ghwllY 1 fi9 from
the south end of Elk River to the north end of Princeton.
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COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTTON 91-27, A RESOLUTION
APPROVING LAYOUT APPROVAL OF RESURFACING OF HIGHWAY ]69. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRT1W 4-0.
6.5b JiLgj1W.r'!L-1iL9L.f!Lf0 n-!<3tre~t:
City Council Minutes
April 22, 1991
Page 5
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Terry Maurer updated the Council on the progress of the plans for
Highway 169/Main Street intersection. He indicated that the City would
he advised by early .Tune wh{~ther the fllnding wi] I be granteo for this
project. He stated that if the funding is granted, the projpct would
probahly st.art t.his fall and be completed in 1992.
6.5c 193rd/16!L.....9ignal
Terry Maurer indicated that t.here have been discussions rpgaroing the
development at the southeast corner of the intersection of Highway ]69
and 193rd Avenue and that. it may be appmpriate to officially noti fy
MnnOT that a signal at that intersection may neeo to he a 1992 project.
Pat Klaers informed the City Connci] that Mr. Hagen has bepn put on
notice that he will he partially responsible for the project cost
regarding the signal installation at the intersection of Highway 169
and 193rd Avenue.
6.5d Highwa.L.lQ1
The City Administrator updated the Council on the status of the Trunk
Highway 101 preliminary design from Rogers to Elk River. The City
Administrator requested the Council to take note of the two proposed
signal lights.
~ 6.5e 173rd Railroad Crossing
Terry Maurer informed the Counci 1 that the signal s at the intersection
of 165th Avenue are in and operational. He further indicated that the
signals located at the intersection of 173ro Avenue are anticipated to
he operational by .Tuly 1. Terry Maurer reviewed the construction
process with the Council.
6.5f Naples Street
Terry Maurer informeo the Council the information needed to acquire
easements for the Naples Street project has heen gathered. He
indicated that he wi 11 be working wi th the City Attorney and property
owners regarding the necessary easements. He stated that he is
anticipat. ing another meeting wi th the property owners so that the
easements can be signed and agreed upon.
6.5g D!lm lkidgg
Terry Maurer informed the Council that fi nal approval for construction
of the bridge on Main Street is expecteo hy May 3 and the project is
tentatively scheduled for 1992.
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Mayor Tral1e questioned whether sewer and water could be brought across
the bridge to the "wye" at the time of construct ion of the new brioge.
'ferry Manrer inoicated that. it is anticipatecl that sewer ami water will
be hrought across the ri ver at the time of construction hut that the
two project.s would be kept separate.
City Council Minutes
April 22, 1991
Page 6
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6.5h Waco BridM
Terry Maurer informed the Council that he is in t.he process of setting
up a meeting with the DNR and Corps of Engineer regarding t.his project.
He stated that it has been suggested that the Ci ty look at an alignment
further to the west for the Waco Street hridge so that the homes will
not. be impacted by possible flooding that cnuld occur on Yankton Street.
7 Check Re~ister
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
8 Other Busilless.
The City Clerk informed the Council t.hat she is in need of articles for
the .Tune newsletter. It was determined that either Counci lmember
Hol mgren or Councilmemher Schuldt would submit an article for the .Tune
newsletter edition.
9. Q.i.tLAdminj strator lJpdl!:.t~
a. The City Administrator requested permission to attenrl the ICMA
National Conference.
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COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE
ATTEND THE 1991 lCMA NATIONAL CONFERENCE.
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
CITY ADMINISTRATOR TO
COlINCI f.MEMBER KROPUENSKE
h. The City Administrator distributed a let.ter from Curtis A. Pearson
addressed to John Kuester and Bud Houlton regarding the City's
interest in the Dominic Gospodor property.
c. The City Administrator distributed a letter to Mr. Dominic
Gospodor from the City Council indicating the City's interest in
the property for the purpose of a community center, Ci ty Hall and
Police Station site.
d. The City Administrator distributed a letter from Mr. Curtis A.
Pearson regarding Mr. Dominic Gospodor' s positive response to the
City regarding the City's request to locate the City Hall, Police
Station and community center on the Gospodor property and to
purchase the remaining Gospodor propprty. Aft.er discll!'lsion
regarding the Gospodor property it was the com:;enSllS of the
COllncil t.o authorize t.he City Admini !'It.rat.or t.o get an apprai sal of
the property from Shenehon and ARSO~i atps and a IRO to contact.
Dominic Gospodor's Attorney and rO'>f]llf\Rt. him t.n dlOOSP another
appraiser and have th("! appraiser eont.ael. the Cit.y.
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The Cit.y Administrat.or dist.ribut.ed a letb~r addresspd t.o Bill
Rubin regarding his performanee appraisal.
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f. The City Administrator distributed a I et.t.er to the COllnci 1 from
Irma Jenne's Attorney, John Terpstra. The letter states that Ms.
City Council Minutes
April 22, 1991
Page 7
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Jenne is unwilling to compromise regarding payment of special
assessments on her property anrl concerning any warranties
regarding existing known problems connected with the presence of
underground oil on the property. After reviewing the ] etter it
was the consensus of the Council that the requested meeting by Ms.
IT enne not take place as it is the Council's posit ion that the
special assessments be paid by the seller.
g. The City Administrator distributerl a letter from Edward Cunnington
of Tescom regarding an invitation to the Council on behalf of the
Elk River Industrial Council to attend the next meeting on 4/30/91.
h. The City Administrator informed the Conncil that a joint meeting
between the City Council and Planning Commission will take place
on AprU 29.
i. The City Administrator informed the Council that a Pol ice
mediation session will be held on 4/29/91.
j. The City Administrator informed t.he Conncil that test wells will
be drilled in the Jackson Square parking lot in relation to the
possible contamination of the Amoco site.
10. Adjournme'nt
e There being no further business , COUNCILMEMBER DOBET. MOVED TO ADJOURN
THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
The meeting of the Elk River City Council adjourned at 9;40 p.m.
Respectfully submitted,
~~a~
City Clerk /
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