04-06-1987 CC MIN
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MINUTES OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
MONDAY. APRIL 6. 1987
Members Present: Mayor Gunkel. Councilmembers Dobel. Tralle. and
Schuldt. Councilmember Holmgren arrived at 8:15 p.m.
Members Absent: None
Staff Present: Pat Klaers. City Administrator; Dave Sellergren. City
Attorney; Terry Maurer. City Engineer.
The City Council Committee meeting was called to order at 7:00 p.m. by
Mayor Gunkel.
Mayor Gunkel indicated that the purpose of this committee meeeting was to
have a general discussion with City Engineer. Terry Maurer. regarding the
Main Street Improvement project.
Terry Maurer was present for discussion of this 1988 project. Maurer
stated that the plan is to bid the project in the Fall of 1987 so that
construction can begin in Spring of 1988. The other option would be to
bid the job in the Spring of 1988 with construction beginning in June.
The difficulty with this option would be the weather conditions in the
Fall of 1988.
Maurer suggested that he would like to see the feasibility study redone
in order to get further input from downtown merchants. He stated that
the construction phase in 1988 would go approximately to the Main Street
bridge. In the updated feasibility study this "ending point of
construction" would be one of the determinations they would hope to make.
Discussion
possibility
whether or
bridge.
between Maurer and the Council was held regarding
of the project going across the Main Street bridge
not city water and sewer would also be continued across
the
and
the
Mayor Gunkel questioned whether there is anything in the Clean Water Act
that would fund a project like this. Councilmember Tralle stated that
this question would be addressed by a consultant from the Utilities
Commission.
Councilmember Schuldt questioned the funding of the Main Street bridge.
Maurer addressed this question by stating that the bridge is currently
rated to receive such funds. but that it takes time to get all the
reports together and to go through the State to get funding. Maurer
added that the bridge would probably be completely removed and
reconstructed with some geometrical work to be done. The project would
not take place until at least 1992.
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Mayor Gunkel brought up the meeting planned with downtown merchants and
felt it would be better to have this accomplished before the scheduled
Council public hearing on June 22. Maurer questioned the Mayor as to how
she would like to see this addressed; through Staff or the Council.
Mayor Gunkel stated it would be fine to handle this through staff and
inform the Council of the date so they can be aware of the meeting and
attend if they desired.
The Mayor stated that the merchants' main concern is to be able to stay
in business during this construction period. She continued by saying
that the merchants are also concerned with amenities (lighting. benches.
sidewalk. etc.). Maurer stated that merchants can have as much input
regarding the amenities as they wish and that this matter can be handled
by the Council.
There was discussion
Street and Proctor
project.
held in regards to the possibility of adding Jackson
Avenue from Main Street to Highway 10 into the
Councilmember Tralle stated that he would like to see a very detailed
meeting with citizens interested in:
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1. keeping businesses open; and
2. amenities of the project.
Pat Klaers expanded on this topic stating that maybe the City should hold
three separate meetings:
1. citizens;
2. merchants; and
3. after updated feasibility study is complete. a meeting with both the
citizens and merchants together.
Klaers then brought up the question:I'What if merchants decide they don't
want this project because it is too expensive?" The general consensus of
the Council was that the price of the project is not going to decrease
any with time and that the street and utility project was needed as soon
as possible.
Councilmember Tra1le stated that the sewer is in real need of repair and
that it would be a very big mess should the system fail. Mayor Gunkel
stated that she would like to see a meeting set up with the public to
explain the necessity of the project. mainly the sewer system.
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Pat Klaers questioned the access availability to the downtown businesses
during this construction period. Terry Maurer explained that there would
be a short period of time when parking may be a difficulty and people may
have to walk a few blocks. He continued by saying that it may be
necessary to adjust construction hours (evenings. weekends) to avoid any
unnecessary hardships.
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City Council Minutes
April 6. 1987
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Councilmember Dobel brought up a study which took place approximately ten
(10) years ago on the sewer system. He stated that it was in bad shape
then and is amazed at how long the system has continued to perform.
Klaers suggested contacting
asked Terry Maurer to come
feasibility study.
the merchants to set up a meeting date and
before the Council to request an updated
1. The Regular City Council Meeting was Called to Order by Mayor Gunkel at
7:30 p.m.
2. Consider 4/6/87 City Council Agenda
Pat Klaers requested to be added as #9.3 under Other Business.
COUNCILMEMBER TRALLE MOVED TO APPROVE
COUNCILMEMBER SCHULDT SECONDED THE MOTION.
THE AGENDA AS ~W).
THE MOTION PASSED 4-0.
3.1 Consider 3/16/87 Minutes
It was noted that on Page 3 of the March 16. 1987. minutes the correct
word would be advertising rather than posting.
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eOUNCILMlMBER DOBEL MOVED TO APPROVED THE 3/16/87 MINUTES AS AMENDED.
COUNCILMEMBER TRALLE SECONDED THE MOTION~ THE MOTION CARRIED 4-0.
3.2
Consider 3/23/87 Minutes
It was noted that on Page 2 of the March 23. 1987. minutes the following
wordage should be added; "Approximately 32 square feet of the signage
would be for the model home. and the rest would be for the development."
In the motion on Page 3. the work finance should be changed to purchase.
COUNCILMEMBER TRALLE MOVED TO APPROVE THE 3/23/87 MINUTES AS AMENDED.
COONCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSES 4-0.
3.3. Consider 3/30/87 Minutes
It was noted that since a set time allotment was given for each item. the
time each discussion item began should be included. Furthermore. under
#2.2. a statement should be added to the effect that the City should not
be in the real estate business and that citizens do not want old City
Hall to be an eye sore or sold with covenants. . It should also be added
under #2.2 that some Councilmembers were opposed to disposing of the
property. Under item #2.4 it was noted that a statement should be added
showing the concern about not abusing the tax increment law. Under item
#2.5 there was discussion held regarding the collecting of park fees
through building permit process.
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cOUNcILMEMBER HOLMGREN MOVED TO APPROVE THE 3/30/87 MINUTES AS AMENDED.
COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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4. Open Mike
There was nobody present for this item.
5. Use of the Old City Hall
A request has been received from the Sherburne County Attorney's Office
to rent old City Hall as a temporary relocation during construction at
the Courthouse. A tour was taken of the old City Hall by the County
Attorney's Staff.
The concerns that the Council are currently dealing with are leasing.
rental. insurance. maintenance and repair.
Pat Klaers suggested allowing the use of the entire building by the
County Attorney's office. He stated that an issue of staff is the
addition of money to the general fund to pay for the new city hall and is
hopeful that such a rental situation would not become an extra work load
on staff.
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Tom Price. Assistant County Attorney. was present
Sherburne County Attorney's Office. Price stated that he
other departments in the County are in need of additional
there is a definite need for the Attorney's Office.
on behalf of the
did not know if
space. but that
Price continued by stating that the County is willing to work with the
City and that they are mainly interested in leasing the old Police
Department area. The intention of the County Attorney's Office is not to
do a complete renovation of the space. but maybe to add a few doors and
walls.
During the Council discussion. Councilmember Tralle stated that he felt
it should be the leasing of the entire building or nothing. He does not
feel the City has time to act as landlords and would like to see the
building sold to get it out of the hands of the Council. Councilmember
Dobel was in agreement with Tralle and saw the possibility of other
departments needing additional space.
Price stated that he could not guarantee the County would need additional
space and that there are areas of the building which the County would not
have use for.
Councilmember Schuldt stated that there is no way of separating the
utilities in the different areas of the building. He feels the County is
more than welcome to utilize the space as long as they take the
responsibilities of the utilities and no money comes out of the City
funds.
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Tom Price stated that the County
basis is going to be long enough.
with renting the building for
maintenance. leasing. and there
be a flat rate of rent paid.
Attorney's office is hoping a one-year
Mayor Gunkel stated she has no problem
a year as long as they cover expenses.
is no subcontracting. There will also
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Price questioned the soundness of the building. Gunkel explained that a
structural engineer will be coming in to do an analysis of the building
as well as an appraiser. Klaers stated that if the County moves into old
City Hall and if something should go wrong with the building. it will be
the County's responsibility to cover it.
Klaers
which
City
Board
presented a figure of $SOO-700 a month for rent plus utilities
average $1.000 a month. Tom Price. Pat Klaers. and Peter Beck.
Attorney. will be bringing this item before the Sherburne County
of Commissioners on Tuesday. April 7, 1987.
COUNCILMEMBER TRALLE MOVED THAT COUNCIL AUTHORIZE THE CITY ADMINI~~iA~~1
TO .ENTER INTO' LEASING DISCUSSION.. REGARDING CITY HALL WITH DeBUm
COUNTY. COUNCILMEMBER. DOBEL SECONDED THE MOTION.' cOUNCILMlMBIR '1'RALLE
AMENDED THE MOTION TO READ. "ENTER INTO AN AGREEMENT...'" AND KLAERS ADDID
THAT THE GARAGE AREA BE RETAINED FOR CITY 'USE. THE MOTION PASSED '-0.
6.1. Minnesota Department of Transporation Agency Agreement
COUNCILMEMBER TRALLE MOVED APPROVAL or THE CITY IN'1'I!}RINeJ INTO AN NUiJNeY
AGREEMENT WITH THE MINNESOTA DEPAa'l'MlNT or TRANSPORTATION. COUNCILMDmIlR
SCHULDT. SECONDED THE MOTION. 'THE MOTION CAlUUID ~=().'
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6.2. 201/Deefield Northern Access Agreement
Mayor Gunkel gave the history of the situation regarding the north access
into the Deefield Addition. Gunkel stated that many restrictions were
placed on the plat when it came up for approval. Some of these
restrictions included: no building permits which was then expanded to no
Certificates of Occupancy and further expanded to occupancy only within
SOO feet of existing access. This item was brought before the City
Council tonight to discuss signing an agreement with the Minnesota
Department of Transportation which includes some requirements not yet met
by the developers.
Dave Sellergren. City Attorney. was present for discussion and stated
that the developers agreement contained conditions to be met prior to
building permits being issued. He continued by saying that the builders
coming in for building permits must recognize the no occupancy condition
and that a sign is to be posted on each lot to the same effect. The
Certificates of Occupancy will not be issued until all requirements have
been met.
Mr. Sellergren categorized the situation into three (3) main issues:
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1. Releasing quitclaim deeds to owners currently having access to
Highway 169. Sellergren expanded on this by stating that the
necessary releases have been received from Specht. He also gave
the names of four property owners who have not released these
deeds at this point and stated that the developer has been in
discussion with these parties.
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2. Timing of northernly access which cannot be opened until #201 is
relocated and all releases are obtained.
3. The issue of Baldwin Avenue and who is to maintain this street
and finance the improvements.
Sellergren stated that the earliest possible time for opening the
northern access into the Deerfield Addition would appear to be Spring of
1988.
Terry Maurer. City Engineer. stated that the timing would be dependent on
the realignment of #201 to form a perpendicular line to join the access.
This is contingent upon MNDOT working with the City.
Maurer continued by saying that MNDOT believes this to be the next signal
intersection in Elk River. He went on to say that once the agreement
with MNDOT is signed. an emergency access could be requested for such
vehicles as fire trucks. police cars. and ambulances. This is not to
include thru traffic for the public.
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Councilmember Schuldt questioned how thru traffic would be prevented.
Maurer explained that a lock would be placed on a gate at the access and
opening of the lock would only be available to the emergency units.
Schuldt then questioned a time table for approval of an access of this
type. Maurer explained that MNDOT have verbally stated that once the
agreement is signed. there will be a review of a request. He continued
by saying that a request has been submitted but will not be acted on
until the agreement is signed.
Councilmember Schuldt then questioned the use of the Specht property as
an access. Maurer stated that he did not know how MNDOT would respond to
this request for emergency access. but that they may view this as a
better alternative than allowing the future permanent access to be opened
early.
Pat Klaers stated that the City have a lot of dealings with MNDOT and
does want to continue a good working relationship. Mayor Gunkel showed a
real concern of jeopardizing the existing good working relationship with
MND OT .
Mayor Gunkel then opened the meeting for comments from the public. Lou
Pollack. developer. discussed the temporary access.
Councilmember Schuldt
Deerfield Addition.
and in the next 90 days
questioned Jerry Smith on the occupancy in the
Smith stated that there is currently one occupant
it will be increasing to approximately 15.
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Terry Maurer feels there will be a temporary access in 1987 and the
permanent access coming in 1988. Maurer explained that the temporary
access can be constructed in a week. The time consumption for the
permanent access includes going through MNDOT for the match up of 201.
Mayor Gunkel questioned how long it would take for response on the Specht
access request and Maurer stated approximately one week.
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Scott Darcy. a land owner in Deerfield Addition. was present for
discussion. He stated that when he purchased the property. his
understanding from the real estate agent was that the building permits
for this plat would be issued April 1st. Darcy encouraged the Council to
give permission to the City to begin issuance of building permits so
building can begin.
Chuck Christian of Christian Realty stated that this was the hopeful
outcome of the project and the deadline has not been met.
Mayor Gunkel questioned Terry Maurer about his feelings on contacting
MNDOT to get their feelings on the temporary access. Maurer responded by
saying that if the City Council is looking at a temporary access as a
solution to the problem. it will be suggested to MNDOT and that the
Specht site would not need much work. Maurer agreed to show the complete
project to MNDOT and in the meantime work would begin on the #201 access.
He questioned whether or not the City would want written assurance on
this matter. Pat Klaers emphasized the importance of a written
statement either to or from the City.
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Jerry Smith stated that he will have
quitclaim deeds by the end of the week.
with. Smith stated that he is willing
access.
three of the four rema1n1ng
The fourth deed is being dealt
to pay all expenses for the
Councilmember Schuldt questioned what would happen if building permits
were issued on the basis that an agreement from MNDOT is received on #201
in two (2) months. and then the agreement possibly gets lost in the
shuffle and construction continues with no agreement. Dave Sellergren
stated that the City would be protected as long as no Certificates of
Occupancy are issued and a similar sign is posted in the yard.
Councilmember Tralle stated that the responsibility of the Council is for
the health. welfare. and safety of the people of Elk River and feels that
if the development is allowed with only one access. the Council is not
doing their job. Tralle feels the City will end up on the bad end of the
deal because there is not safe. good conditions in the Addition. Tralle
favors the compromise of the northern access and feels the property
involved will probably be developed some day and a temporary road would
be a step in the right direction. Tralle does not see a problem with
issuing permits as long as a temporary access can be worked out with
MND OT .
Councilmember Schuldt questioned how the temporary access would be
funded. Jerry Smith responding by saying that he would pay for it and
the work could be done in as little as three (3) days.
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COUNCILMEMBER TRALLE MOVED THAT THE COUNCIL tnVil 'film MAYM~ ~1m!~~!@N
TO GET INFORMATION FROM' MNDOT ON THE PROPOSED ALTERNATIVE TEMPORARY
ACCESS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSID
5-0.
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Pat Klaers suggested holding a Special City Council meeting in one week
to keep the project going.
Dave Sellergren stated that they must be certain that all the people will
sign off their rights to 169. He suggested that the paper work be done
by the staff instead of the developers and that the work can be done in
three weeks.
Sellergren brought up the issue of one property owner who believes he has
direct access to 169 through a dedicated City street easement. It may
become necessary for the City to vacate this easement and provide the
property with 169 access from Baldwin Avenue. Sellergren is willing to
examine the title to find out how the situation stands at this time.
It was stated by Pat
feedback from MNDOT on
13th. If the Council
approve the compromise
early as April 14. with
Klaers that he is hopeful Terry Maurer will have
the Specht access for a special meeting on April
finds the information acceptable. it may move to
and the issuance of building permits may begin as
no Certificates of Occupancy.
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Two members of the public were present and questioned what happens if
MNDOT decides not to go along with the request of the City. Mayor Gunkel
explained that the working relationship with MNDOT must be kept strong
and Klaers continued by saying that he feels the north access is far
enough along so that building permits can still be issued in 1987.
A meeting of the Elk River City Council will be held Monday. April 13th
at 6:30 p.n. at Elk River City Hall to hear the information which is to
be collected from MNDOT.
6.3. Discussion Items
A. Status of Engineering Projects
It was noted by Councilmember Schuldt that construction has begun in
Sandpiper Estates.
Terry Maurer. City Engineer. walked the Council through a February 3.
1987 report on the status of engineering projects. Questions were
raised by the Council which were addressed by Maurer.
B. Improvement Project Process
This item was briefly mentioned by Mayor Gunkel. The Engineer 2/9/87
report was reviewed and input from the City Attorney was
requested.
C. Traffic Pattern Around Liquor Store
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Terry
flow
was
Maurer presented a base sketch to the Council regarding the
of traffic around the liquor store and Ron's Foods. Discussion
held and it was the general concensus of the Council to try and
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City Council Minutes
April 6. 1987
get the project completed before the Elk Hills Drive Intersection
Project. Maurer was directed to collect dollar figures for the
project to be presented to Council.
D. Assessment Manual
Maurer noted that progress is continuing to be made on this
project. A meeting with the City Attorney to review the draft City-
wide Assessment Manual is the next step.
6.4 Other
There was no discussion on any issue at this time.
7.1. Consider Drainage and Utility Easement Vacation request by Ziegler/
Public Hearing
Mayor Gunkel opended the public hearing. There being no comments
favoring or opposing the request for the City to vacate the drainage and
utility easement on Lots 3 and 4. Block 4. Deerfield 2nd Addition. Mayor
Gunkel closed the public hearing.
cOUNCILMEMBER TRALLE MOVED TO VACATE THE DRAINAGE AND UTILITY EASEMENT
LOCATED ON LOTS 3 AND 4, BLOCK 4, DEERFIELD 2ND ADDITION. BECAUSE IT GOES
nIROUGH A HOUSE ON LOT 3 AND TO REQUIRE. PRIOR TO RECORDING THE VACATED
BASEMENT, '!'HAT A NEW EASEMENT BE QUITCLAIMED TO THE CITY AS SHOWN IN THE
4/2/87 BUILDING AND ZONING REPORT. COUNCILMEMBER DOBEL SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
8.1. Consider Transient Merchant License for Community Education
Mayor Gunkel opened the public hearing.
or opposed to the request at hand.
hearing.
There being no comments in favor
Mayor Gunkel closed the public
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REQUEST BY CHARLIE BLESENER.
COMMUNITY EDUCATION DIRECTOR. FOR A TRANSIENT MERCHANT LICENSE TO SELL
GOODS, WARES AND MERCHANDISE AT THE ELK RIVER COMMUNITY FESTIVAL.
cOUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The Council consensus was to wave the fee for this license as has been
done in the previous years.
8.2. Resolution for Highway 10 Wayside Park
COUNCILMEMBER DOBEL MOVED APPROVAL OF RESOLUTION 87-19. ACCEPTING THE
CONDITIONS OFA LIMI'l'ED USE PERMIT FROM THE DEPARTMEN'l' OF TRANSPORATION
FOR SUPftVISING A WAYSIDE REST AREA ALONG HIGHWAY '10. COUNCILMEMBER
HOt.MGREN SECONDED THE MOTION.
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Discussion was held
whether or not to
general concensus of
to the accessability
among the Council regarding naming the park
add picnic tables and/or park benches. It was
the Council to leave the park as as an open area
to Highway 10 and proximity to the Dairy Queen.
and
the
due
r.KE MOTION PASSED 5-0.
8.3. 1987 Softball Program
Councilmembers received a verbal update Jfrom Pat Klaers regarding
Softball Fees and Equipment. Klaers briefly went over the expenditures
and revenues of the softball leagues.
It was the consensus of the Council that the 1987 Softball program was
acceptable as presented and discussed in a 4/3/87 report from Street
Superintendent. Phil Hals.
8.4. Park Land Proposal (Prichard Brothers. Inc.)
COUNCILMEMBER TRALLE MOVED TO APPROVE THE REQUEST AUTHORIZING THE O'l'Aff
TO RESPOND FAVORABLY TO THE LETTER RECEIVED FROM PRICHARD BROTHERS, INC.
AND TO EVALUATE ALL THE CONDITIONS RELATING TO THE ' PROPOSAL.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIEt)
5-0.
8.5. City Hall Change Orders Payment
COUNCILMEMBER SCHULDT MOVED TO APPROVE PAYMENT OF $2.999.14 TO REP. LID.
INC. FOR A CHANGE OF ORDERS AT ELK RIVER CITY HALL. COUNCILMEMBER TRALLE
SECONDED THE MOTION. THE MOTION PASSED 5-0.
9.1. Jim Tralle. Utility Commission Update
Jim Tralle presented an update from the recent Utility Commission
meetings. He stated that a Progressive Consultant Engineer will be doing
a water treatment analysis for the City.
On a different topic. Tralle also pointed out the Minnesota Legislature
sub-committee has passed legislation to allow the sale of wine in grocery
stares. A short discussion was held regarding this subject.
9.2. Mayor Gunkel. Park Acquisition Funds
Mayor Gunkel went over information she distributed on parks.
stated that the counter-offer he received on 4/6/87 on
Wilderness park property was $1.000 an acre at nine
interest.
Pat Klaers
the Lamm
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City Council Minutes
April 6. 1987
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Discussion was held among the Council and it was noted that if finances
do not work out with this land as City park property. it can be sold for
it's permitted use.
The question was raised about any interest in bringing somebody in from a
national organization to work on park finances. Councilmember Schuldt
stated he was not interested and Councilmember Tralle continued by saying
he feels the Council can work out negotiations as well as the
organization.
cOUNCILMBMBER HOLMGREN MOVED TO REJECT THE COUNTER-oFFER OF $1.000 AN
ACRE AT 9% INTEREST AND STAND FIRM WITH THE ORIGINAL OFFER UNTIL FURTHER
DISCUSSION AND REVIEW CAN TAKE PLACE AT THE 4/20/87 COUNCIL MEETING.
cOUNCILMBMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
9.3. Pat Klaers. Update
Pat Klaers discussed the law and stated that there cannot be a ten year
agreement but only a five (5) year agreement of equal payments for this
property. Klaers stated that if the offer is accepted on a ten year
basis and City funds are determined to be available. then monies should
be able to be arranged in order to finance the project over 5 years.
10. Check Register
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tlOUNCILMlMBBR TRALLE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION.
Council questioned Pat Klaers on some checks. which were explained.
THE MOTION PASSED 5-0.
11. Adjournment
COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY
COUNCIL AT 10: 15 P.M. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE
MOTION PASSED 5-0.
:J)~ Y7J~~
Danille Mathison
Recording Secretary
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