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06-13-2005 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 13, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, and Motin Members Absent: Councilmember Gumphrey Staff Present: City Administrator Pat Klaers, City Engineer Terry Maurer, Planning Director Michele McPherson, Building and Environmental Administrator Stephen Rohlf, Fire Chief Bruce West, Ambulance Coordinator Steve Dittbenner, Finance and Administration Services Director Lori Johnson, and City Clerk Joan Schmidt 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 6:30 p.m. by Mayor Klinzing. 2. Consider 6/13/2005 Agenda City Clerk Joan Schmidt asked that consideration of a temporary on-sale premises extension permit for McCoys Pub be added to the agenda under Other Business. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA ITEMS: 3.1. JUNE 6, 2005 EXECUTIVE SESSION MINUTES 3.2. CONSIDER WESTBOUND LIQUOR QUOTES FOR SPECIALTY ITEMS 3.3. REQUEST FOR DISPLAY, SALES AND STORAGE OF FIREWORKS- TARGET. MOTION CARRIED 4-0. 4. Open Mike Rick Kreuser, 232 Elk Hills Drive, inquired if the audience could have input after the City Engineer’s report (Item 5.3). The Mayor explained that she would take input from a spokesperson. City Council Minutes Page 2 June 13, 2005 ----------------------------- Mrs. Hovald, 19221 Tyler Street, inquired as to what is happening with the 193 Avenue rd extension. The Mayor explained that this street will be discussed tonight but a specific alignment would not be addressed. 5. Worksession 5.1. Highway 10 Project Update-The Tinklenberg Group Elwyn Tinklenberg and Dan Krom from The Tinklenberg Group provided an update on the status of the City’s federal funding proposal regarding improvements along Highway 10. He stated that an application has been submitted by them on behalf of the City of Elk River in the amount of $500,000 for a study of the highway through downtown Elk River. Councilmember Motin inquired if there was any tie between the NorthStar Corridor and Highway 10 because of their proximity. Mr. Tinklenberg stated that the groups are working closely together but that there is no relationship between the two groups in regards to funding. Mr. Krom stated that it is important that the NorthStar Corridor is moving ahead and that this relationship will be looked at in the future in terms of the funding. 5.2.Energy City Update Mayor Klinzing explained that she has chaired ACE since taking office in 1999 and updated the Council on Energy City. The Minnesota Environmental Initiative (MEI) recently informed the City that Energy Alley may not exist in the near future which would change the (City’s) Energy City relationship with MEI. The Action Committee for Energy (ACE) is the local committee that runs Energy City and is recommending that the City establish an Energy City Commission to validate its existence. This would make Energy City more viable and closer to the City. ACE is also recommending the City formally seek the designation of “Energy City”. Members of ACE present were: Debra Walters, Waste Management; Arnold Hendrickson, CenterPoint Energy; Ed Stotenburg, NRG; Bryan Adams, E.R.M.U.; and Ron Bratlie, IDS #728. Building and Environmental Administrator Stephen Rohlf and the City’s Attorney have drafted language for the Council to adopt in the future to make this group an official City commission. He stated that one reason to do Energy City was because of economic development and also that Energy City is doing something positive for the City’s image. Mayor Klinzing stated that once Elk River receives the designation of “Energy City” through legislation or possibly a gubernatorial designation, we will become more visible. Councilmember Motin stated that he has concerns of Energy City becoming a commission due to its purpose would then be of an advisory group. He feels that this group is a working group and perhaps should be a subgroup to the Utility Commission. He also has concerns as to the additional expenses to take this to the next level. Stephen Rohlf stated that it may be a better tie to the Economic Development Authority if this commission did not report to the City Council. Budget-wise there are major expenses but members stated they would come forward and do more to help financially. City Council Minutes Page 3 June 13, 2005 ----------------------------- Mayor Klinzing stated that we can have the title to be the Energy City of the world but it has more significance and more far reaching impact than that. She feels that we really won’t know until it does become a commission. Councilmember Dietz inquired how the independent business people would serve, how many members, and the makeup of this group. Mr. Rohlf stated that the makeup would be of 15 people with term limits, the naming of specific companies in the ordinance; bylaws would be put together; etc. Councilmember Dietz inquired as to when would this commission come to the Council for Council approval. Mayor Klinzing stated that this commission would advise the Council in regards to energy related businesses coming to the City; identity and image perspectives; maintain relationships of businesses, Energy City, and the Council; Energy City has a reputation for Wind Energy and wind generators and receives inquires; and also economic development benefits. Direction to staff was to come back to Council with the ordinance for approval with the understanding of relooking at this group and ordinance within three to five years after approval. 5.3.Transportation - Follow up to March 14 Council Worksession on Priorities and Follow up to April 11 CIP Discussion on Streets City Engineer Terry Maurer reviewed his staff report consisting of the following transportation issues: School Street extension westerly to Upland Avenue (County Road 44); County Road 44 status; Elk Hills Drive extension easterly to CSAH 13; and 193 Avenue rd extension easterly to CSAH 13. He stated that Council has approved the City’s Comprehensive Transportation Plan. He stated that these four items on his list are the ones that Council has prioritized and directed staff to work on first. Planning Commission members present were: Leo Offerman and Peter Lemke. Mr. Maurer stated that in regards to the School Street Extension Westerly to Upland Avenue (County Road 44) that this would be the most long-term of the four issues because this extension would require a crossing of the Burlington Northern Railroad tracks. A bridge crossing of the railroad tracks will likely be needed with an estimated construction cost of $80 per square foot making this component of the connection in the $5 million range. Staff recommends that to pursue this corridor, staff be directed to work with Elk River Concrete Company to discuss viable future routes for a roadway through their property. He stated that in regards to County Road 44 it is his understanding that the County will be looking at this at the June 14 Board meeting and if they make it a viable road surface that the City should not take the road back at this time. He stated that a pedestrian facility would need to be done independently and within the County’s roadway and by permit. Members of the Council were in favor of this. City Council Minutes Page 4 June 13, 2005 ----------------------------- Elk Hills Drive – Mr. Maurer explained that the existing right-of way appears to be about 60 feet. Assuming that an 80 ft. right-of-way was needed, about 15 abutting property owners would be affected. The right-of-way cost would be approximately $332,000 with street construction of $1,444,000. Funding would be from the City’s annual MSA allotment, Federal Funding, developer contributions, and assessments. The Elk Hills Addition is within Urban Service Area but does not have City services. If Elk Hills Drive is reconstructed, consideration should be given to extending urban services. The City would hold informational meetings, report back to council in the fall, work in winter months to identify best possible location and apply for Federal Funding with construction possibly starting in 2008. 193 Avenue Corridor – Mr. Maurer provided a review of the project. Councilmember rd Farber inquired how we could accelerate this project and not wait four years out. Mr. Maurer stated by dividing the corridor into two sections, and overlapping land acquisitions and design, the timeline could be shortened. By accelerating this, we could possibly start in 2007. He stated that the City could issue an Eminent Domain resolution upfront to acquire this area with right of entry. Councilmember Farber stated that he feels the road we should look at developing is 193 rd Avenue and would like the City to move forward with the project. Councilmember Dietz concurred. He feels that 193 Avenue should be done first and then see what happens with rd the traffic pattern; this affects only 2-3 and 3-5 property owners in separate phases. This road was always designed to be extended and we should have the City Engineer come up with an alignment that the Council can look at. He feels that the project that MnDOT is proposing shows a way to get onto Highway 169 while Elk Hills Drive does not. Councilmember Motin agrees but inquired whether we are trying to get the traffic onto Highway 169 or across Highway 169. He’s concerned as to whether Elk Hills Drive or 193 rd Avenue should go first. Mr. Maurer stated that he doesn’t have specific numbers but that a good transportation system is built by hierarchy. Councilmember Farber stated that he feels 193 Avenue is a good place to start; we can rd enter the highway from there versus in the future Elk Hills Drive only goes over the highway. Mayor Klinzing stated that it’s hard to decide on projects without looking at this transportation issue in its entirety. We also need to look at what the County plans to do. We need to discuss a major bonding program to put monies into a transportation system that we would build. She feels that we need to take a comprehensive approach and that we should not make a motion tonight. Councilmember Farber disagreed and that when he was on the Council previously, the Council had talked about this issue then and we are still talking about it. He feels that we have to do something and 193 Avenue was designed to become an east/west corridor. He rd feels that doing more studies will delay the process. Councilmember Motin stated that six to seven-years ago the council had been talking about this issue and yes, people will be impacted, but the situation won’t get any better, more people will be impacted in the future, and that we need to move forward. Councilmember Dietz stated that it appears to be the consensus of the majority of the Council to have on the agenda for next week for formal action “to direct staff to City Council Minutes Page 5 June 13, 2005 ----------------------------- proceed with laying out the 193 Avenue Corridor alignment”. The affected property rd owners can be notified by staff. Council concurred. Commissioner Offerman stated that the quick fix of going to Tyler is not the solution and that they have recommended denial to Council of development plans because of lack of infrastructure. He stated that the Planning Commission has not looked at the Highway 169 plans to determine the exact intersection improvements. Councilmember Farber stated that the Council does not plan to approve just one project. Mayor Klinzing stated that we need to make this not an either/or situation. Councilmember Dietz stated that it would not be piecemeal, but to put it in sections would be a means of speeding up the project. Rick Kreuser, 232 Elk Hills Drive, stated that he understands the need for an east/west corridor but doesn’t understand how the Planning Commission rated or weighted this project (Elk Hills Drive) to become one of the top projects to be done. He stated he has a lot of detailed information indicating problems for designers to get a roadway in that area. He stated that there will be up to 14,000 cars a day on that street. He inquired about sidewalks and pedestrians walkways (this information was in the packet). He inquired if MSA funds would be used. Mr. Maurer stated that would be Council’s decision. If water and other utilities were installed, assessments would have to be paid. There would not be compensation for septic systems. Councilmember Dietz stated that in his opinion he would be surprised if the Council would want sewer and water added to this area, and that we are talking about a road at this time. Mr. Kreuser stated that residents are concerned with the added noise and traffic; questioned if this would open up a school bus route; and would this be a route for police and fire. Mr. Maurer stated that before alignments are put on paper, owners will be notified of neighborhood meetings. Mrs. Hovald questioned who would be notified for the 193 discussion next week. rd Councilmember Dietz stated only the two property owners west of Tyler where right-of-way is needed. The Mayor recessed the meeting at 8:20 p.m. The meeting reconvened at 8:27 p.m. Mr. Maurer reviewed the following: ? Master Agreement with Sherburne County to turn back all county roads; ? TH 169 Corridor Study; ? Highland Road Corridor (This area should have a neighborhood meeting this fall with discussion of the road, sewer, and water.); ? School Street/High School driveway signalization (He indicated that this is strictly because of the school traffic and that the School District should pay at least half of the expense. It was the consensus of the Council to have staff contact the School District to bring this item to the School Board for their approval.); ? Westbound 193 Avenue at TH 169 (Change the signage and re-stripe); rd ? Waco Street (Someone is looking at redeveloping the Pinewood Golf Course into residential home sites and that there would be a $1500 per lot fee from the City Council Minutes Page 6 June 13, 2005 ----------------------------- developers for the reconstruction of Waco Street. It is recommended to wait and see if a project comes forward.); ? Dodge Avenue (Consensus of the Council to have staff bring a resolution for their consideration to initiate a feasibility study to look at both issues, based on rebuilding what’s there or tearing it out and rebuilding with concrete curb and gutter.); ? Southbound Jackson Avenue at School Street (Staff feels that this will be a 2006 project. It was suggested to wait to have neighborhood informational meetings until Jackson Villas has been started. It was suggested to get input from the HRA.); ? Pedestrian count down timers. (The technology is not available to be adaptable to railroad preemption of the signal system and MnDOT would not approve the installation at this time.); ? Speed limits on Highway 169 – have been raised to 55 mph by MnDOT. Mr. Maurer discussed the County Road 40 (Cleveland Avenue) Turnback Agreement status. A letter was received from County Engineer Rhonda Lewis stating that Sherburne County offers to the City of Elk River a total amount of $1,000,000 to build the proposed rural section plus two years of maintenance for the County Road 40 turnback. It was the consensus of the Council to reject this offer. Staff was directed to prepare a letter to the county rejecting the offer. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO REJECT THE COUNTY OFFER AND TO REQUEST THE COUNTY HONOR THE AGREEMENT MADE PREVIOUSLY WITH THE CITY. MOTION CARRIED 4-0. Also discussed was County Road 33 and 77 Turnback Agreement. Mr. Maurer distributed a memo from Sherburne County Administrator Brian Bensen and the Sherburne County Road Turnback Policy. 5.4.Discussion on Expansion of Fire Station I Fire Chief Bruce West and Ambulance Coordinator for the Elk River Fire and Ambulance Service Steve Dittbenner discussed the proposed expansion of Fire Station 1 to include an ambulance bay along with offices, bathrooms, mechanical room, and storage area to be used by ambulance staff Steve Dittbenner. The expansion would be paid for by the Ambulance Service and given to the City. A drawing of the concept was distributed indicating the current space and the proposed addition that has been approved by the Ambulance Board and Building Committee. Steve Dittbenner discussed the need to revise the current contract between the City and the Ambulance Service. Finance and Administrative Services Director Lori Johnson discussed the financing option of lease payments over a term to be determined with a cash down payment and monthly payments to be made to the City of Elk River. Estimated cost was $425,000. Payback was estimated at four to seven years. It was the consensus of the Council to move forward. City Council Minutes Page 7 June 13, 2005 ----------------------------- 5.5.Community Development Director – Executive Search Firm Update City Administrator Pat Klaers presented the top ten candidates for the community development director position and reviewed the selection process. 5.6.Public Purpose Expenditure Policy Finance and Administrative Services Director Lori Johnson explained the need for a written policy defining the items that the Council considers to be qualified public purpose expenditures. Discussion was also held regarding the current bereavement or sympathy gift section and additional stipulations addressing public safety concerns regarding the purchase and distribution of parade candy. This item will be placed on the June 20 agenda for formal action. 5.7.Council Open Forum None 6.Other Business City Clerk Joan Schmidt explained that Fred McCoy of McCoy’s Pub is asking for a temporary on-sale premises extension permit to sell alcohol during the ArtSoup Festival on June 18 and 19, 2005 in the parking lot behind his establishment. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE A TEMPORARY ON-SALE PREMISES EXTENSION PERMIT FOR MCCOY’S PUB FOR JUNE 18 AND 19, 2005 TO SELL ALCOHOL IN THE FENCED OFF PARKING LOT AREA BEHIND THIS ESTABLISHMENT. MOTION CARRIED 4-0. 7.Staff Updates City Engineer Terry Maurer explained that effective Friday, June 17, 2005, he will be parting ways with Howard R. Green. He will be joining his former partner John Stewart effective Monday. He is asking Council to continue to allow services through this firm. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ACKNOWLEDGE THE TRANSITION OF OUR CITY ENGINEER FROM HOWARD R GREEN TO B.D.M. MOTION CARRIED 4-0. Councilmember Motin would like staff to revisit the temporary sign ordinance. He stated that he has observed many temporary signs that seem to be up longer than allowed by their permit. 8.Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:50 p.m. . . . City Council .. K;_ IV.1illutes June 13,2005 Page 8 ~/ ------------------- / . - / ----. ------ '.~~~ ( J an Schmidt . \ ity Clerk '