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05-16-1991 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLTC I.IBRARY THURSDAY, MAY ]6, 199] Members Present: Mayor Tralle, Councilmemhers Holmgren, Dietz, Schuldt and Kropllenske M~mheJ's Absent: None Staff Present: Terry Maurer, City Engineer; Pat KIaers, City Administrator; Sandy Thackeray, City Clerk 1. Call Me~ting to Order Pursuant to due ca]] and notice thereof, the meeting of the Elk River City Counci I was called to order at 6:00 p.m. by Mayor TralJe. 2. Consiner 5/16191 City Council Ae:enda COUNCTLMEMBER SCHULDT MOVED TO AGENDA. COUNCTLMEMBER HOLMGREN CARRIED 5-0. APPR.OVE THE 5/16/9] SECONDED THE MOTTON. CITY COUNCIL THE MOTION :-1.1 COllsider Proctor Avenue Improvement Mayor Tralle stated that at the 5/6/91 City Council meeting, the City Coundl heard puhlic testimony regarding the proposed Proctor Avenue improvements. He stated that because there was public concern regarn i ng several issues, the Council delayed any action on the project ann directed staff to look into the issues of concern. Pat Klaers stated that the main issues of concern were as follows: 1. Written .Toint Powers Agreement between the City and the County. Pat KIaers stated that after reviewing this issue it was determined that this is not a requirement, however, it would be in the hest interest of the City and the County to ent.er into an agreement. 2. The realignment of the intersection of County R.oad 77 and County Road] at the "wye". The City Administrator indicated that staff has held a meeting with the daycare owners, Mr. and Mrs. Kreuser, regarding the rea 1 i gnment of the "wye". He stated that it has been suggested t.hat the "Wyfl" he slightly realigned and that either a guardrail or a herm be bui It into the project. 3. Assessments. The City Administrator indicated that the County has stated that they will not pick up any extra expenses for the project and, thprefore, it is staff's recommendati on that the assessment amount City Council Minutes May 16, 1991 Page 2 e not be reduced unless there is some adjustment due to deletion of sidewalks. Terry Maurer, City Engineer, stated that the pathway issue is unrelated t.o the st.reet construction. He stated that part or all of the pathway could be deleted without affecting the project. Additional easements are needed for the sidewalks but no additional easements are needed for the reconstruction of Proctor Avenue. Terry Maurer suggested that it would be possible to build a pathway nort.h of School Street on the east side of Proctor only to Vandenberge Junior High as this would provide a safe area for pedest.rians adjacent to CSAH 1. He also suggested that the Counci I cou Id consider constructing a sidewalk south of School Strpet on anI y the east side. He stated this would be more practical than bui IIHng a sidewalk on only the west side because a portion of the property on the east side is proposed for redevelopment and part of the property is zoned commercial which woulci provide the City the necessary easements for pathway construction. Lloyci Brutlag stated that the School Board wanted to express its support for both the road project and the sidewalk project. He stated that the School Board did have concerns with crossing the four lanes of traffic. Terry Maurer inrlicated that it was t.he .Intent of the City to leave the four way stop sign in place. e Mayor TraUe inrlicateci that although the publ.i c hearing was closed, he would accept public comment at this time. Boh Otto 945 Proctor Avenue Bob Otto questjoned the traffic count on Proctor Avenue north of School Street. Terry Maurer indicated that as of last year the traffic count was 6,709. He indicateci that the traffic count south of School Street on Proctor was approximately 200 less than this count. Bob Otto .I nrl tcated that he .I s protest.ing the assessment. He stated there are ejght homeowners on Proctor Avenue and indicaterl they would derive no benefj t. from the main thoroughfare be i ng constructed. He requested that the Council consider relief for the property owners regarding the Proct.or Avenue assessment. Sherry Chrjstian Sherry Christian indicated that she agreed with Bob Otto. She felt that Proctor Avenue is used by everyone who has children and questioned why the homeowners had to bear t.he assessment. Bob Otto Bob inrlicated t.hat Proctor would be the only four lane in the City of Elk River that is a major thoroughfare and is being assessed to homeowners. e Mayor Tralle inrlicated that. the residents abutting Proctor Avenue were bei ng assesseci for a two lane improvement regardless of whether the r'ofld would be t.wo 1 anes or four lanes. City Council Minut.es May 16,1991 Page 3 e Steve Chouinard Steve Chouinard questioned why he was being assessed for the improvement. He stated that he felt the assessments should be lowered and also indicated his concern with trying to back out of his driveway onto a four lane road. Tammy Sontag 617 Proctor Avenue Tammy Sontag questioned the standard being used to determine who would benefi t from the project. She indicated that the homeowners should not have to pay for the project ~lt that the assessment should be included in a school tax. Dan Kreuser Dan Kreuser stated that the main reason he originally opposed the assessment was due to safety reasons. He indicated that he discussed his concerns with the City and tried to solve the safety problem. He further Ind i cated that he felt a reasonable solution has been reached and that he would not object or appeal the assessment. There was no further comment from the public. e The Counci I discussed the proposed pathway plan. It was the consensus of the Council to delete the sidewalk on the west side of Proctor Avenue, south of School Street at this time. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-31, A RESOLUTION ORDERING THE IMPROVEMENT IN THE MATTER OF THE PROCTOR AVENUE IMPROVEMENT OF 1991. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-32, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE PROCTOR AVENUE IMPROVEMENT OF 1991. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-33, A RESOLUTION RELATING TO FINDING OF PUBLIC PURPOSE FOR THE ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR PROCTOR AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COIJNCILMEMRER HOLMGREN MOVED TO ADOPT RESOLUTION 91-34, A RESOLUTION DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF PROCTOR AVENUE IMPROVEMENT OF 1991. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRTED 5-0. e COUNCILMEMRER KROPUENSKE MOVED TO DIRECT STAFF TO CONTINUE NEGOTIATIONS WITH THE KREUSERS CONCERNING ITEMS 3A THROUGH C AS LISTED IN TERRY MAURER.'S LETTER DATED MAY 16, 1991, TO THE CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTTON. THE MOTION CARRIED 5-0. City Council Minutes May 16, 1991 Page 4 e It was the consenffilS of the Council to direct staff to arrange for a display ad in the Star News so that people are aware of the construction on Proctor Avenue. 4.1 16!ith Avenue/Highway 10 Turn Lanes Change Order Terry Maurer explained that this project was in relation to the condi tional use permit and license renewal for the NSP RDF plant. He stated that the project was substantially completed last year with the exception of the second layer of bituminous surface and striping of the turn lanes, however, due to the lateness in which the project was completed, a change order is necessary due to changing prices for construction materials. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHANGE ORDER FOR THE HIGHWAY 10 TURN LANES AT 165TH AVENUE PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2 Discussion on Jenne Site Offer e Mayor Tralle explained that the EDA has recommended that the Ci ty Council consider that the City's offer to Irma .Jenne for her property of $109,540 be withdrawn by May 31, 1991, if the Purchase Agreement is not accepted by that time. Mayor Tralle indicated that the property was appraised at $75,000 and the City's offer of $109,540 was more than adequate. Mayor Tralle further stated that the City must look at the safet.y issue. He st.ated it would be appropriate to order the site made safe with some type of fencing. COUNCILMEMBER KROPUENSKE MOVED TO EXTEND THE CURRENT OFFER OF $109,540 TO MAY 31, 1991, AND IF NO PURCHASE AGREEMENT IS ACCEPTED AT THAT TIME THEN THE OFFER IS TO BE WITHDRAWN AND THE CITY ENGINEER SHALL BE INSTRUCTED TO DETERMINE AN ADEQUATE TYPE OF FENCING FOR THIS SITE AND THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR PROVIDING THE FENCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Arljournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 6:50 p.m. Respectfully submitted, '/~' },^ ". ~uW~J. ~ LV-- (JQt Sandra Thackeray City Clerk e