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08-01-1983 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY AUGUST 1, 1983 Members Present: Mayor Hinkle, Councilmembers Engstrom, Duitsman, Schuldt, and Gunkel. Members Absent: None. 1. The meeting was called to order at 7 :30 p.m. by Mayor Hinkle. 2. Agenda Item 4~ - the stop sign at Holt and School Street, item 5~ - Main Street and the old 101 bridge, item 7~ - the Community Education Meeting, item 8~ - l89th Street and Troy, item 9c - Jarvis Street, were items added to the August 1, 1983, City Council agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE AUGUST 1, 1983, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes Councilmember Gunkel requested a language change in item 2 of the July 7, 1983, City Council meeting. COUNCILMEMBER GUNKEL'MOVED TO APPROVE THE MINUTES OF THE JULY 7, 1983, CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4.;...0. 4. Open Mike Mr. Hal Shogren of 806 Holt requested that the City Council consider replacing the stop sign at School Street and Holt. Mr. Shogren indicated that he has a concern with traffic and the speed along School Street. Mr. Shogren gave some of the history of the placement of the stop sign at School Street and Holt. Mr. Shogren indicated that the City Council, some number of years ago, was requested to place a stop sign at that intersection, and after careful consideration by the City Council, the City Council authorized a stop sign at the intersection. Mr. Shogren indicated that the City Administrator had sent a letter to residents in the area and in his letter stated that the stop signs do not slow traffic. Mr. Shogren further indicated that in his opinion, he does believe stop signs do slow traffic, and that he is concerned with the safety of the school children in the area . The City Administrator indicated that the stop sign came down with the upgrading of School Street. The City Administrator further indicated that it is not an opinion that stop signs do not slow traffic, that it is a fact. The City Admin- istratorindicated that drivers do not expect to see a stop sign on a thru street and therefore, the stop sign provides a false sense of security to pedestrians and ~residents in the area. The City Administrator further indicated that the removal of the stop sign at Holt and School Street was for everyones safety. Council Minutes August 1, 1983 Page Two Mr. Terry Maurer, of Consulting Engineers Diversified, indicated that a stop sign at Holt and School Street was not warranted and was removed at the plans and specifications stage of the School Street Improvement Project. Mr. Maurer indicated that the state goes through a warrant process when determining a traffic sign or signal for a specific area. Mr. Maurer indicated that the warrant process considers accidents in the area, and traffic volume over an eight hour period. Mr. Maurer further indicated that traffic studies show that when stop signs are placed where they aren't warranted, they are disobeyed. Mr. Butch Elliot, a resident of the area indicated that the neighbors in the area petitioned the City Council to place a stop sign at the intersection of Holt and School Street to protect the children and the residents in the area. Mr. Elliot indicated that there were not any accidents at the intersection because of the stop sign. Mr. Elliot indicated that he has traveled allover the country and believes that stop signs are placed at specific intersections for specific reasons and one of those reasons is to slow traffic. Mr. Elliot indicated that cars race down School Street, but they stop at the stop sign before they speed up again to Highway 169. Counci1member Duitsman asked if there were specific standards for warranting stop signs around school zones. Mr. Maurer indicated that the state recommends speed signs and painted crosswalk areas in school zones, but does not deal with stop signs. Ms. Colleen DeMars indicated that kids just do not look when they cross the street, and she believes the stop sign does slow traffic and save lives. The City Administrator indicated that with the proposal of the PUD there would be more people in the area unfamiliar with the stop sign and, therefore, creating that sense of false security. The City Administrator further indicated that the way to address the problem of speeding on School Street would be radar. Counci1member Schuldt indicated that if the City Council was to consider the importance of stop signs at specific areas, he felt there are many other inter- sections in the City that were in greater need of stop signs, specifically Proctor and Main Street, Main and Norfolk, 4th and Morton. Counci1member Schuldt indicated that there are students everywhere within the City of Elk River, and that Main Street receives a heavy use of vehicle traffic. Counci1member Schuldt also men- tioned the heavy commercial use. at the Dairy Queen. Counci1member Gunkel indicated that a previous City Council determined that the sign belonged at the intersection of Holt and School Street, and that the stop sign should not have been removed without the neighboring residents aware of the plan. Discussion was carried on regarding the school patrol in the area, and discussion was also carried on regarding the speed of the school kids along School Street. Ms. Colleen DeMars indicated that the street is very busy between 7:00 a.m. and 9:00 a.m. with buses and school traffic, that it is almost im- possible to get onto School Street. Counci1member Duitsman indicated that he wanted to study the situation before making a recommendation. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE STOP SIGN AT HOLT AND SCHOOL STREET. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. Mayor Hinkle indicated that he agreed with the City Administrator's comments, but also felt the concern of the neighbors in the area. Mayor Hinkle further indicated Council Minutes August 1, 1983 Page Three -, that he felt a stop sign on a thru street was the stop signs. Ms. Colleen DeMars indicated do stop for the stop sign, and that it is the through the stop sign. confusing and that people do miss that people outside of the area local people of the area that go Further discussion was carried on regarding the speeders on School Street, and the need of the stop sign. Councilmember Duitsman indicated that the City could not operate with stop signs at ev~ry busy intersection within the City of Elk River. Discussion was carried on regarding radar control for speeders along School Street rather than a stop sign. THE MOTION FAILED 1-2. COUNCILMEMBERS ENGSTROM AND SCHULDT OPPOSED. COUNCIL- MEMBER DUITSMAN ABSTAINED. COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE FURTHER STUDY OF A STOP SIGN AT SCHOOL STREET AND HOLT BY CITY STAFF, AND REQUESTED A RECOMMENDATION FROM THE POLICE CHIEF. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER DUITSMAN REQUESTED THAT THE ISSUE OF THE STOP SIGN AT SCHOOL STREET AND HOLT AVENUE BE PLACED ON THE AUGUST 15, 1983, CITY COUNCIL AGENDA. COUNCIL- MEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Continuation of Heavenly Hills Improvement Project/Public Hearing Mayor Hinkle indicated that the Heavenly Hills road improvement project was a continuation of the public hearing of May 16. The City Administrator indicated I that one of the concerns. of the City Council regarding the Heavenly Hills Improvement Project, was whether the amount of the proposed assessment could be justified with regard to benefit value. The City Administrator indicated that Mr. Ty Bischoff did an appraisal, and indicated that the property will be benefited by the improvement proposed, and therefore, would benefit by the dollar amount shown in the feasibility study. Mr. Terry Maurer, of Consulting Engineers Diversified, indicated that the survey crew had done some preliminary survey work in the area to generally check where the road is with regard to the right-of-way. Mr. Maurer indicated that the road is generally in the center of the right-of-way except at 208th, where the road is built to the south.side of the right--of-way, and on east 208th the road is built to the north side of the right-of-way. Mr. Maurer further indicated that there is no easement where the road crosses the Hoag and Jacobsen property. Mr. Maurer indicated that the road could be moved to the center of the right-of-way or the City could acquire more easement and the road could basically be con- structed where it is presently. Discussion was carried on regarding the resale of a home.if the road was not placed in the right-of-way. Mr. Terry Maurer indicated that it would be re- corded on an abstract regarding the road placement and the right-of-way easement. Mr. Jim Tralle indicated that he spoke to Mr. F:r~ and Mr. Gordon regarding the need of easements, and further indicated that they would provide the easements necessary at no cost to the project. Mrs. Hoag also indicated that she would provide the easements necessary at no cost to the project. Council Minutes August I, 1983 Page Four Mr. Jake Jaconsen expressed his opposition to the road, and also read a letter from the Hawkinson family expressing their opposition to the road. Mr. Jacobsen indicated that they cannot afford the expense of the assessment of the road. Mr. Jacobsen indicated that if the City gave him $5,500 for the easements necessary for the road, he was still not selling out, as he was for people that were in opposition of the road improvement. Mr. Jacobsen indicated that he has been trying to sell his home in the area, and has not been successful. Mr. Jacobsen indicated that he feels he has a fair price on his house and should the improve- ment go in, he would have to ask a higher asking price, and still would not be able to sell his own home. Mayor Hinkle suggested the possibility of the difficulty in selling Mr. Jacobsen's home based on the fact that a loan is not available for a home on a private road. Councilmember Schuldt indicated that the appraiser Mr. Ty Bischoff had talked to home lenders that indicated they would not make loans to homes in the Heavenly Hills area because of the private roads. Mr. Jacobsen indicated that if it would be an equitable situation for the neighbors in the area, he would give the ease~ ments necessary for the road project. Mr. Jim Tralle indicated that he felt the City Council should authorize the improve- ment of the project now, because project costs will just be greater in the years to come. Mr. Tralle also requested that the City Council consider a 20-year bond, which would make a smaller monthly payment for the homeowners in the area. Mr. Rollie Christian indicated that the City would have to have an appraisal of the property before the project, and one after the project was done to prove bene- f it to the homeowners. Discussion was carried on regarding the possibility of ob- taining RHA or VA loans for property on private roads. Discussion was also carried on regarding the timing of a bid letting. It was the consensus that a bid letting in the fall would be better to obtain better prices. Mayor Hinkle closed the public hearing. Discussion was also carried on regarding the timing of the assessment hearing. The City Administrator indicated that the City Council had two options: 1) If the work was partly done, they could assess the cost this year, or 2) they could wait until the project was completed and assess the cost next year. Councilmember Duitsman indicated that he felt it was in the City's best interest to have the road blacktopped. Councilmember Gunkel indicated that she felt there was no other option, and that the City should obtain bids, and then decide if the project was feasible. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 83-16, A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE HEAVENLY HILLS ROAD IMPROVEMENT PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS AND RECEIVING BIDS FOR THE IMPROVEMENTS. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. Terry Mauer indicated that the roads could be built this fall and paved in the spring. Discussion was carried on regarding the maintenance of the roads for the winter. The City Administrator indicated that if the road project was started, and the roads were built, the City would do the plowing for the winter. Council Minutes August 1, 1983 Page Five 5~. Feasibility Study for Main Street Councilmember Gu kel indicated that specific Council action has not been taken re- garding the orde ing of the plans and specifications for the Main Street project. COUNCILMEMBER EN STROM MOVED TO ORDER THE PLANS AND SPECIFICATIONS FOR THE MAIN STREET PROJECT. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilmember Gu kel questioned the funding availability for the old 101 Bridge replacement. Th City Administrator indicated that St. Cloud and Sartel received funding during t is fiscal year, and that the City of Elk River is expecting fund- ding for the 198~-84 fiscal year. The City Administrator indicated that the bridge replacement proj ct is still on schedule. 6. Alliance Church Reductipn of Sanitar Sewer Hook-up Charges Mayor Hinkle indOcated that the Alliance Church Executive Board members disagree with the City's osition regarding the number of units that should be assigned to the Church for s nitary sewer hook-up fees. Mayor Hinkle indOcated that initially, the sanitary sewer hook-up charges for the Alliance Church yere established at $13,380, which provided for 22.3 units. Mayor Hinkle further indicated that after reviewing the City's sanitary sewer hook-up charge established at the $13,380, the Alliance Church Board decided this number was too large; therefore, Mr. Ken Mitchell had a series of meetings with Darrell Mack, Rick Breezee, and the City Administrator, which alternately resulted in a reduced fee to $9,084. Mayor Hinkle indicated that:the Alliance Church Executive Board still has some concerns regarding the fee for the sanitary sewer hook-up charge. Mr. Ken Mitchell, representative of the Alliance Church Executive Board, indicated that originally it was understood that the estimate for the sanitary sewer hook-up would be approximately $3,000, and further indicated that the Executive Board felt $9,084 was higher than they felt it should be for the capacity of the Church. Discussion was carried on regarding the means of calculation for the sanitary sewer usage of the Church. The City Administrator indicated that the formula the City used was presented by the Alliance Church Communi tee and based upon students use at the rate of 25 sq. ft. per studnet. Mr. Ken Mitchell indicated that the school would never have more than 130 students at one time, and the City's calcula- tion would allow for more than 130 students. Mr. Ken Mitchell further indicated that he felt the large multi-purpose room should not be considered for sanitary sewer usage as the people that use the facilities would be counted for or allocated for in the actual Church and classroom area. The City Administrator indicated that there was no way the City would be able to monitor or control the use of the multi-purpose room. The City Administrator in- dicated that the room could be used at other times than Sunday, for weddings, fel- lowship activities, and various other uses. Council Minutes August 1, 1983 Page Six Mr. Jeff Jarvis indicated that he thought the use of the sanitary sewer was collected through user fees. The City Administrator indicated that the hook- up fee is established to offset the actual cost of construction of the two mil- lion dollar facility the City has for waste water treatment. Discussion was carried on regarding the section of the building code addressing sanitary sewer use calculations. Further discussion was carried on regarding the various uses. The City Administrator indicated that the City staff has used the lowest reasonable classification for calculation of the sewer hook-up charge. Mr. Murray Mills, a representative of the Alliance' Church Executive Board, indi- cated that their budget has been based on an average of 125 students per year. Councilmember Duitsman questioned the possibility of using the Alliance Church's formula for number of students to estblish a usage. The City Administrator indi- cated that the City staff has already taken into consideration the system of teach';" ing utilized by the Alliance Church with regard to number of students per square feet~ Councilmember Gunkel indicated that she felt the City Council should accept the unit charges submitted by the Alliance Church for the Church area and the class- room area, and the City's unit charge for the assembly area. Councilmember Duits- man indicated that he would like to help the Alliance Church, but felt the City should stay within their guidelines. Mr. Rick Breezee, Building and Zoning Administrator, indicated that there were a number of uses within the Community that the City staff would have to deal with re- gards to sewer hook-up charges. Mr. Breezee further indicated that the City staff needs specific guidelines in establishing those hook-up charges. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 15.14 UNITS ASSIGNED TO THE ALLIANCE CHURCH FOR SEWER HOOK~UP FEES. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION FAILED 2-3. COUNCILMEMBER ENGSTROM, COUNCILMEMBER GUNKEL, MAYOR HINKLE OPPOSED. Mayor Hinkle indicated that he felt the City staff recommendation for units assigned to the assembly area, was within reason, and further indicated that he felt the units assigned to the church and classroom facilities could be reduced. Council- member Duitsman indicated that the City expects a tremendous number of hook-ups within the next 10 years, and further indicated that he did not want the assessment policy for hook-up fees to be destroyed. Councilmember Gunkel questioned whether the Alliance Church was considered when the anticipation of the number of hook-up fees was considered during the bonding and ,', assessment process of the sanitary sewer line. Councilmember Gunkel further indi- cated that she felt the Alliance Church classroom teaching concept was different from the normal, and therefore, should be considered. COUNCILMEMBER GUNKEL MOVED TO CHANGE THE UNITS TO BE CHARGED FOR THE ALLIANCE CHURCH FOR HOOK-UP FEES FROM 1514 TO 12.19. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMEMBERS DUITSMAN AND SCHULDT OPPOSED. Council Minutes August 1, 1983 Page Seven 7. Public Hearing Date for 2llth Avenue Road Improvement ProJect The City Administrator indicated that a public hearing could not be conducted on the 2llth Improvement Project for Monday, August 1st, due to the newspaper deadline for advertising. Therefore, it is suggested that the City Council hold the public hearing at the August 15, 1983 City Council meeting. COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE PUBLIC HEARING ON THE 2llTH IMPROVE- MENT PROJECT FOR MONDAY, AUGUST 15, 1983. THE MOTION PASSED 4-0. 7~. Community Education Meeting Mayor Hinkle requested volunteers from the City Council to attend the Community Education meeting. Councilmember Gunkel indicated that she would attend the Com- munity Education meeting. 8. Appointment to the Recreation Board The City Administrator indicated that there were a number of people serving on the Rec Board, that have not been officially appointed to the Rec Board. The City Ad- ministrator indicated that in Section 216 of the City Code, it requires that 7 mem- bers be appointed by the City Council to the Board for a term of three years. The City Administrator further indicated that is is recommended that the City Council officially appoint all of the members shown on Exhibit 1 of the memorandum from the City Administrator to the Mayor and City Council, to the Rec Board for the terms indicated on the exhibit. COUNCILMEMBER ENGSTROM MOVED TO APPOINT THE MEMBERS TO THE REC BOARD AS SHOWN ON EXHIBIT 1 OF THE CITY ADMINISTRATOR'S MEMORANDUM TO THE CITY COUNCIL DATED JULY 29, 1983, WITH THE TERMS AS SHOWN ON THE EXHIBIT. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 8~. l89th Street and Troy Councilmember Duitsman indicated that a resident at the end of l89th Street and Troy is concerned about his neighbor cutting off the road to his property. Councilmember Duitsman indicated that this neighbor has planted a garden and has a tractor, and is actually blocking the public road. The City Administrator indicated that the City has approached the Pomeroy residence to maintain the easement to the property at the end of l89th and Troy. The City Administrator indicated that Mr. Pomeroy has an outhousein the right-of-way and further indicated that Mr. Pomeroy is concerned about removing the trees along the right-of-way. Discussion was carried on regarding the Street Department's ability to get in and out of the area. Councilmember Duitsman requested that City staff come up with a recommendation to solve the problem at the end of l89th and Troy. 9. Administrator's Update A. Building Inspector's Request to Attend the International Conference of Building Officials Annual Conference Council Minutes August 1, 1983 Page Eight The City Administrator attend the ICBO Annual Antonio, Texas. 1 dicated that Rick Breezeehas requested permission to nference from September 25 thru September 29 in San COUNCILMEMBER GUNKEL MOV D TO APPROVE THE ATTENDANCE OF THE CITY'S BUILDING AND ZONING ADMINISTRATOR AT THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS CONFERENCE TO BE HELD IN SAN ANTONIO, TEXAS. COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION ASSED 4-0. B. Gates Avenue Improvement Prqject The City Administrator i dicated that the contractor will be moving the equip- ment in on Wednesday a d will start digging on Thursday. The City Administrator further indicated that t e first phase of the project will be the jacking under Highway 10. C. Jarvis Street The City Administrator i dicated that half of the cost of the improvements of Jarvis Street is $3,43 . 5. The City Administrator indicated that the cost of the project was split e ween Burns Township and ~he City. COUNCILMEMBER DUITSMAN M VED TO APPROVE HALF OF THE COST OF THE IMPROVEMENT OF JARVIS STREET IN THE NT OF $3,436.25. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION P D 4-0. D. Ca ital Improvement Pr g am Meeting The City Administrator i dicated that he is scheduling a Capital Improvement Program meeting for th ity Council, Star Cities Committee, and the Planning Commission. E. Easements for Planned n t Development The City Administrator i dicated that he is in the process of obtaining the easements for the Bart e /DietzPlanned Unit Development Project. 10. Check Register COUNCILMEMBER GUNKEL MOVED T APPROVE THE AUGUST 1, 1983 CHECK REGISTER. COUNCIL- MEMBER ENGSTROM SECONDED T E MOTION. THE MOTION PASSED 4-0. 11. Tentative A enda for Au us , 1983 City Council Meeting George Cowles, Dog Control C sts, Boarman Architects regarding City Hall, and Senior Citizens Coordinator are i e s tentatively scheduled for the August 8, 1983 City Council meeting. Council Minutes August l~ 1983 Page Nine 12. Adjournment rhere being no further business~ COUNCILMEMBER ENGSrROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMB SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted~ GirL ij. Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:st