07-08-1996 CC MIN - SPECIALSPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK lqI$.'ER CITY HALL
MONDAY, JULY 8, 1996
Members Present:
Mayor Duitsman, Counciimembers Scheel, Farber, Holmgren, and
Dietz (6:34 p.m.!
Members Absent: None
Staff Present:
Also Present:
Lori Johnson, AssisTant City Administrator; Steve Ach, City Planner;
Kendra Lindahi, Zoning Assistant; Terry Maurer, City Engineer; Phi!
Hals, Street/Park Superintendent; Tom Zerwas, Chief of Police; Cliff
Skogstad, Building Official; Sahdra Thackeray, City Clerk
Mike Trunnell, Assistantr~re'" ,~.h.er,'-':" Dana Ana~,rson,'= Park and
Recreation Commission Chair
1. Calt.Meetjng. 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 Duitsmon.
2. Consider Agendq
COUNCILME:MBER HO~GREN MOVED TO APPJ~OVE THE JULY 8, 1996, CITY
COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
Consider Consent Aqenda
COUNCILMEMBER SCHEEL MOVED TO APPROVE I'HE CONSENT AGENDA AS
FOLLOWS:
4.1.
4,2.
5.3.
6,8.
6/10/96 CITY COUNCIL MINUT£S -- APPROVED
6/17/96 CI1Y COUNCIL MINUTES -- APPROVED
RESIGNATION OF PLANNING CO/'~t.,~,ISSION CHAJR TOM DILLON --
APPROVED
ADVERI'~SEMENT FOR SEAL COAT BIDS -- APPROVED
CHECK REGISTER -- APPROVED
COUNCiLMEMBE.~ FAR~ER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5. i. ..r~auest for Conditional Use Permit !SD 728 Case No. CU 96-!0
Ciiy Planner Steve Ach indicated that the City Council had previously reviewed
the conditional use permit requesi by lSD 728 regarding outdoor storage at the
mainienance grounds facility. He stafc;d that the Council postponed action on
ihe issue so that staff 'would hrJve time fo review outdoor storage issues.
Mayor Dui'isrnan reopened the public hearing.
Special City Council Meeting Page 2
July 8, 1996
David Himinger, representing Whitcomb Building Corporation, provided a sample
of the fence that would be used for screening ff~e outdoor storage.
There being no further comments, Mayor Duitsman closed lhe pub!ia hearing.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUEST TO ALLOW OUTDOOR STORAGE AND THE lSD 728 MAINTENANCE FACILITY
WITH THE FOLLOWING STIPULATIONS:
1)
A DETAIL OF THE FENCE AROUND THE STORAGE AREA BE SUBMITTED FOR
REVIEW. THIS FENCE SHALL BE A MINIMUM OF 6 FEET HIGH AND BE
CONSTRUCTED OF A CHAIN LINK WITH DURABLE SLATS.
2)
THE APPROVED FENCE AND LANDSCAPING SHALL BE IN PLACE PRIOR TO
UTILIZING THE OUTDOOR STORAGE AREA.
3) THE OUTDOOR STORAGE AREA HAVE A BITUMINOUS SURFACE.
4)
A TOTAL OF 8 CONIFERS LOCATED TEN FEET ON CENTER IN A STAGGERED
ROW BE PLANTED ALONG TiIE WEST ~iIDE OF THE OUTDOOR SI'O,~AGE AREA.
s)
THE ,SIZE OF THE CONIFERS ALONG THE WEST SIDE OF THE STORAGE AREA
INCLUDE FOUR AT 6 FEET HIGH AND FOUR AT 8 FEET HIGH.
6) THE OUTDOOR STORAGE SH.,~,LL J,.!OT EXCEED THE HEiGHt OF THE FENCE.
:~'~ COUNCILMIEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.2.
Request bv thc,City, of Elk River t9 Am¢_n_d City Code Relg_.}i .n.q to lhe Sale of
Vehicles on Public and Private Prope_rJ.y, P,,Lblic U_earinf.~, Case No. aA 96-07
Zoning Assistant Kendra Lindahi ind cared that the City of Elk River continues to
receive complaints relating to vehic¥.s for sale. She staled that probierns such os
traffic, erosion, and other safety issue. ~rise due to these vehicles being parked in
public right al~ ways or in front yards. K ~,~'~dra Lindahl indicated that ta address this
problem staff is recommending to amend Chapter 11, which is the parking
ordinance, to give the police deparfrnent au?horization to tag and tow these
vehicles.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsr,-qan closed the public hearing.
Councilmember Scheel indicated that citizens ::hould be allowed the opportunily
to occasionally sell a vehicle from their oroperiy. She suggested limiting the
number of vehicles per c;nnum that couid be sold fron~ o residence.
Councitmember Farber indicated he concurred with Councilmember Scheel in
that residents should be able to sell vehicles from their property. He suggested
requiring that the vehicle be registered to the address from which the vehicle is
being sold.
Mayor Duitsman suggested adop~ing the proposed ordinance with the
olimination ,,,f Item (b)(2) relating 1o orivafe propel'fy.
Special City Council Meeting
July 8. 1996
Page 3
COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-16, AN
ORDINANCE AMENDING SECTION 1HXLig C~ THE CITY OF ELK RIVER CODE OF
ORDINANCES, PUBLIC REGULATIONS, CASE NO. OA 96-07, WITH THE ELIMINATION
OF (B)(2) PERTAINING TO PRIVATE PROPER?Y, AND THAT THE ISSUE OF VEHICLES FOR
SALE ON PRIVATE PROPERTY BE FURTHER REVIEWED BY THE CITY ATTORNEY.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARJ~IED 5-0.
6.!. Addition of Firefiqhters
Assistant Fire Chief Mike Trunnell informed the Counci! that 'the Fire Depurlment
personnel committee has selected Richard Briggs, Kevin Kleist, cnd Rict~ard
.Johnson to be added to the Elk River Fire Department.
COUNCILMEMBER FARBER MOVED TO APPROVE THE ADDITION OF RICHARD BRIGGS,
KEVIN KLEIST, AND RICHARD JOHNSON TO THE ELK RIVER FIRE DEPARTMENT.
COUNCILMEMBER HOLMGREN St:CONDED THE MOTION. THE MOTION CARRIED $-0.
6.2. Swearinq In of New police Officer Eric Balabon
Mayor Duitsman issued the oath of office to new po!ice officer Eric Balabon.
6.3. Minnesota Crime Bill
Police Chief Tom Zerwas informed the Council thai the City received funding
through the Minnesota COPS Fast Grant for oqe police officer.
COUNCILMEMBER HOLMGREN MOVt~D TO ADOPT RESOLUTION 96-3¥.' A RESOLUTION
RECEIVING THE MINNESOTA COPS FAST GRANT iN THE A;~OUNT OF $75.000 FOR
ONE OFFICER. COUNCiLMEMBER FARBER SECONDED THE MOTION, THE MOTION
CARRIED 5-0.
6.4. .Update by Jeff Asfahl Re.qardin_.,c.~ Lions Park Youth Activities
Jeff Asfahl updated the Council on the youth activities that are being proposed
for Lions Park. He stated that in an effort to provide solutions for additional
opportunities for youth, some programs and improvements for Lions P,,~'K are
being provided. Jeff Asfahl indicated that the youlh are responding favorably to
this concept and that the Lions are supportive of this program.
6,5. .Update on Lions Park Trails
Street/Park Superintendent Phil Hals reviewed the bids that were received for the
paving of Lions Park trails. He indicated that the Iow bidder was Elk River
Bituminous. Discussion was held regarding whether or not the hockey rink should
be paved at this time. It was the consensus to see if the Lions are interested in
providing funding to pave the hockey rink.
COUNCILMEMBER FARBER MOVED TO AUTHORIZE ELK RIVER BITUMINOUS TO PAVE
THE TRAIL IN LIONS PARK. COUNCILMEMBER HOLMGR..N SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
Special City Council Meeting
July 8, 1996
6.6. Discussion on Historic Downtown,.Sianfar~ ~ackson ,S_q.g._gre. Park Sign
Page 4
Myrne Beck, representing the Rivers Edge Downtown Development Corporation
addressed the Council regarding the placement of two signs along Highway 10
that read "Historic Downtown". She stated that the cost for the signs is $734.84
and requested the city to consider funding these signs. She also requested
;unding for the wood sign to be located in Jackson Square.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE FUNDING OF $750.00
FROM THE COUNCIL CONTINGENCY ~UNDo $500.00 FOR THE JACKSON SQUARE
SIGN AND $250.00 FOR THE SMALLER SIGNS, WITH THE STIPULATION THAT THE RIVERS
EDGE DOWNTOWN DEVELOPMENT CORPORATION INSTALL THE SMALLER SIGNS.
COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.7. Discussion Reqardinq Gazebo for Jackson Square
Marly Glines, representing the Downtown Riverfront Commihee approached the
Council to discuss the placement of a gazebo in tile downtown Jackson Square
parking lot. Discussion was hem regarding the location, functionality, and cost of
the gazebo. Marly Glines indicated that he is requesting authorization for the
Jocation af the gazebo.
Mayor Duitsman Cared that this proposal should be reviewed by the HRA. He
fur;her indicated he did not feel there has been enough study done to see if the
gazebo fits in the overall design of the downtovcn area.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE LOCATION OF THE GAZEBO AS
INDICATED ON THE MAP PROVIDED BY MARLY GLINES. COUNClLMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Duifsman opposed.
6.9. Meadowvale Heiqhts Trails
Park and Recreation Commission Chair Dana Anderson stated that several
residents appeared at the last Park and Recreation Commission meeting in
opposition to the proposed hiking/biking trails far the Meadowvale Heights area.
He indicated that based upon the feelings of fl~e residents, the Park and
Recreation Commission is recommending removal of ~ portion of the trail. He
stated that the concern of the residents was based on the trail running along the
front yards and driveways of residential property. Dana Anderson indicated that
staff is recommending removal of the Class 5 base that has been installed on the
trail areas and that the city retain the easements for future park use.
Mayor Duitsman indicated that the development project was approved with the
inclusion of the trail and did not feel it was appropriate to remove the trail at this
time.
Councilmember Farber indicated that the trail was not necessary as the area is
an isolated neighborhood. He suggested that trails or sidewalks be installed by
the developer prior to homes being built in order to avoid 1his type of situation.
Special City Council Meeting
July 8, 1996
Page 5
COUNCILMEMBER FAREER MOVED TO ELIMINATE THE TRAIL WITH THE FOLLOWING
CONDITIONS:
REMOVE THE CLASS 5 BASE THAT HAS BEEN INSTALLED ON ALL TRAIL AREAS
EXCEPT THE ACCESS TRAIL TO THE CiTY PARK AND PLACE TOPSOIL AND SEED
IN THOSE AREAS.
2. THE CITY RETAIN THE EASEMENTS FOR FUTURE PARK USE.
3. THE TRAIL ACCESS TO THE CITY PARK BE COMPLETED IN THE NEAR ~UTURE.
TitE UPA POLE AND THE TRAIL FROM ELGIN DRIVE TO DENVER STREET REMA!N
AS IS AND THE MONEY FROM THIS PROJECT BE USED FOR OTHER PARK
DEVELOPMENT.
COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-1-1.
Coun¢ilmember Dietz opposed and Mayor Duitsman abstained.
Councilmember Dietz indicated that removal o[ the trail could set a precedence.
6.!0a.
6.10b.
6.10c.
Orono Lake Third Addition Utility and Street Improvements
Naples Street and 186th Avenue
Riverview He_.ights 1,2_, and 3 Additions, Grandview Hei.qhts 1 and 2 Addiiions~_~nd
Palmers_Addition Utility and Street Improvements.
Ciiy Engineer Teny Maurer reviewed the feasibility studies for liems 6.10a.. 6. i Ob.,
and 6.10c. He stated that staff is recommending that public hearings be held on
these three issues on August 5.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-40, A RESOLUTION
RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE
IMPROVEMENT IN THE MA~ER OF THE ORONO LAKE THIRD ADDITION IMPROVEMENT
OF 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-41, A RESOLUTION
RECEIVING THE FEASIBILITY REFORT AND ORDERING A PUBLIC HEARING ON THE
iMPROVEMENT IN THE MATTER OF THE NAPLES STREET AND 186TH AVENUE
iMPROVEMENT OF 1996. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-42, A RESOLUT!ON
RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE
iMPROVEMENT IN THE MATI'ER OF THE ,RIVERVJEW HEIGHTS AREA IMPROVEMENT OF
1996. COUNCILMEMBER DIEI'Z SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.'11. Consider Cooperative A.qreement for Naples Street and 186th Avenue
City Engineer Terry Maurer requested the council to enter into a cooperative
agreement between the City and MnDOT for the Joplin Street Intersection/North
Frontage Road project.
Special City Council Meeting Page 6
July 8. 1996
..................... ~., ~ ,,.~ ~'.i~ ~i~.Z'~/z
COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 96-43, A RESOLUTION
ENTERING INTO AGREEMENT NO 74958 WITH THE STATE OF MINNESOTA, DEPARTMENT
OF TRANSPORTATION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
6.]2. Consider Reauest for Recreational Field Deve!~oment Fundinq.
Pork and Recreation Commissioner Dana Anderson reviewed tl'~e issue of
recreational field development at 165th Street. Assistant City Administrator Lori
Johnson reviewed ;he costs associated with the improvements of 'the first two
phases of the project. She indicated that Phase I consists of a four ballfield ',',,heel
and Js estimated to cost $200,000. The request from the Park and Recreation
Commission requires a $120,000 city contribution for Phase I. Phase 2 consists of
two adciitional ballfields at an estimated cost of $108,000. Dana Anderson
indicated that the youth baseball and girls softball would contribute $15,000 per
year for four years and adult softball would contribute $5,000 per year for four
years.
Councih-nember Farber indicated that initially the main en:lphasis for the fields
was soccer. He indicated that there', is still a need for soccer fields.
CouncJlr'nember Scheel indicated that sh,e fe'.t the cit'y would be misleading the
citizens if soccer were not included. Dana ,:,nder.(on indicated that the soccer
association did not wc.,.nt to become involved at this time, however', they are not
prec!uded from using the complex in the future.
Mayor Duitsmc~n indicated ti]at the Minnesota Spc¢i's Federation is searching for
property to locate so[tball fields. Discussion was held regarding whether the
south portion of the property at ! 65th Street would be an appropriate location for
the Minnesota Sports Federation. It was the consensus of the Council to explore
the possibility of the Minnesota Sports Federation using the southern part of the
complex, however, this issue should not cloud the need for the proposed fields.
COUNCILMI:MBER FARBER MOVED TO AUTHORIZE PHiL HALS TO ADVERTISE FOR BIDS
FOR PHASE i OF TH~ SOFTBALL COMPLEX AND TO HAVE LOR! JOHNSON REVIEW
FINANCE OPTIONS. COUNClLMEMBER HOLMCCREN .SECONDED THE MOTION. THE
t~,OTION CARRIED 5-0.
Mayor Duitsman suggested that the City consider using the property east of the
City Hall for youth soccer fields. He indicated that he would like to see the park
and recreation commission discuss this issue.
6.13. Ur)date on Repair of Library Roof
Building Official Cliff Skogstad reviewed the options for the repair of the library
roof.
COUNCILMEMBER FARBER MOVED TO AUTHORIZE A BUILT-UP ROOF SYSTE~,, TO
ADVERTISE FOR BIDS FOR THE REPAIR AND TO HAVE THE FINANCE DIRECTOR P~PARE
SOME FINANCING OPTIONS FOR THE COST OF THE ROOF. COUNClLMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5.0.
Special City Council Meeting
July 8, 1996
Page 7
6.14.a. Rebuildin,q Lowell Street Improvement Project
City Engineer Terry Maurer indicated that a rough cost estimate for the
improvement of Lowell Street is $60,000 plus overhead. Terry Maurer suggested
combining lhe Lowell Street Project with another project. Don Schumacher of
Cretex encouraged the Council to move ahead on this project.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE ClI'Y ENGINEER AhtD
STREET SUPERINTENDENT TO MOVE AHEAD ON THE IMP.~OVEMENT OF LOWELL STREET.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.14.b. Irrigation at City Hall
Street Superintendent Phil Hals indicated that the city hall building and sidewalks
near the building are becoming discolored due to the high concentration of iron
in the water. Options were discussed to eliminate the staining caused by the
water. The best option seemed to be tapping into the City water systenq.
COUNCILMEMBER HOLMGi~EN MOVED TO AF?LY WITH THE MUNICIPAl. UTILITI~:S TO
HOOK UP TO CITY WATER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
6.14.c. Stucco on,Cinema Building
Street Superintendent Phil Hals indicated that Marcie VanValhenberg is proposing
to re-stucco the outside wall of the cinerna building and has requested the city to
contribute 50% of the cost. Discussion was held regarding how much of the
repair was the city's responsibility.
COUNCILMEMBER HOLMGREN MOVED TO CONTRIBUTE AN AMOUNT NOT TO
EXCEED $3,300 TOWARD THE REPAIR OF THE CINEMA BUILDING WALL AND THAT THE
MONEY BE TAKEN FROM THE COUNCIL CONTINGENCY FUND. COUNC~LMEMBER
FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7. Open Mike
No one appeared for this item.
9. Other Business
Councilmember Farber discussed the need for ~he Council to appoint an Ice
Arena Board. Lori Johnson indicated that the Task Force is in the process of
working on this issue.
10 Staff Updates
There were no staff updates.
Special City Council Meeting
July 8, 1996
Page 8
! 1. Adjournment
There being no further business, COUNClLMEMBER FARBER MOVED TO ADJOURN.
COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The meeting of the Elk Rivor was adjourned at 9:25 P./,,~..
Respectfully submitted,
S.~ndra Thackeray ~
City Clerk