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08-05-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 5, 1996 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmembers Scheel, Farber, and Holmgren Councilmember Dietz arrived at 6:05 p.m. None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Dave Sellergren, City Attorney; Phil Hals, Street/Park Superintendent; Darrell Mack, WWTP Superintendent 1. Call Meetinq To Order 5.4. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. Consider Council Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE AUGUST 5, 1996, CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.5. 5.7. 5.12. 5.14. 5.15. 7. 7/22/96 COUNCIL MINUTES - APPROVED AUTHORIZATION FOR ASSISTANT FIRE CHIEF ROB DREISSIG TO Al'rEND FIRE SUPPRESSION RATING SEMINAR - APPROVED PURCHASE OF ROTARY ROADSIDE MOWER FROM DOYLE EQUIPMENT COMPANY FOR $2,343 - APPROVED RESOLUTION 96-57 APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION TO BE HELD SEPTEMBER 10, 1996 -APPROVED TEMPORARY BEER LICENSE FOR ELK RIVER LIONS -APPROVED HERITAGE FESTIVAL UPDATE - GIVEN CHECK REGISTER - APPROVED COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Out of Classification Pay for CSO Officer City Administrator Pat Klaers indicated that the chief of police is requesting out of classification pay for CSO Officer Bob Swenson for hours worked at the mall. He stated that the police chief is recommending that Bob Swenson be paid at the starting rate for a police officer due to his ability to carry a firearm. He indicated this would raise his hourly pay from $12.23 per hour to $13.65 per hour. The police chief is also recommending that CSO Swenson receive back pay for 107 hours, totaling $151.94. Elk River City Council Meeting August 5, 1996 Page 2 COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE OUT OF CLASSIFICATION PAY FOR CSO OFFICER BOB SWENSON DURING HOURS WORKED AT THE ELK RIVER MALL AT $13.65 PER HOUR AND THAT CSO SWENSON RECEIVE BACK PAY FOR 107 HOURS TOTALLING $151.94. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Dietz arrived at this time, 6:05 p.m. 5.1. Public Hearinq: Consider Public Improvements for Naples Street and 186th Avenuo City Engineer Terry Maurer indicated that the Council ordered a feasibility study to consider the cost of providing sanitary sewer and water to the properties on Naples Street, 186th Avenue, and T.H. 10 frontage road. He stated that the study will also determine the feasibility of reconstructing Naples Street, 186th Avenue, and T.H. 10 frontage road to a bituminous surface street with concrete curb and gutter and storm sewer. Terry Maurer reviewed the information presented in the feasibility study which included the scope of the project, estimated costs, financing, other associated costs and project schedule. Terry Maurer suggested that the Council authorize acquisition of easements if the Council decides to proceed with the project. Mayor Duitsman opened the public hearing. Richard Bickman indicated he is interested in purchasing property on Naples Street. Mr. Bickman had a question regarding the easements that will be acquired. He indicated that the residents are curious about how much of their property would be affected by the easement acquisition. Tom Goenner, 13701 186th Avenue NW, indicated his opposition to the project. He indicated that if the project proceeded a road would cut through his property. Donald Rahn, 13665 Highway 10, indicated his opposition to the project as he felt the cost of the project would not be justified. Jim Swanson, 13701 Highway 10, indicated that he was opposed to the project. Alice Waite, 13679 Highway 10, indicated she was opposed to the project. Marcella John, 13690 186th Avenue NW, indicated she was opposed to the project. Miles Knutson, 13631 186th Avenue NW, stated he was in favor of proceeding with the project as he felt the project would be more costly in the future. Jerry Waite, 13679 Highway 10, indicated that he could see the need for septic and sewer in the future, but does not see a need to improve the road. Robin Nesh, 17908 Naples, indicated he was opposed to the project. There being no further comments, Mayor Duitsman closed the public hearing. Elk River City Council Meeting August 5, 1996 Page 3 Councilmember Holmgren indicated that due to the opposition to sewer and water, he would not vote for the project. However, he indicated he would like to see the road upgraded. Mayor Duitsman requested the city engineer to see if the people are interested in giving easements and having a gravel road project completed by the city. MAYOR DUITSMAN MOVED TO HAVE THE CITY ENGINEER STAKE THE ROAD FOR EASEMENT ACQUISITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the Council not to proceed with the sewer and water project at this time. 5.2. Consider Public Improvements for Orono Lake Third Addition City Engineer Terry Maurer stated that the City Council has requested a feasibility study to determine the cost of extending city utilities and streets to serve properties within Orono Lake Third Addition along 183rd Avenue, 182nd Avenue, Denver' Street, and Lots 2, and 3, Block 4, along County Road 30. The city engineer reviewed the components of the feasibility study including proposed improvements, easement acquisition, estimated costs, financing, other costs involved, and project schedule. Mayor Duitsman opened the public hearing. Tom Newstrom, 18141 Fresno Street, questioned the amount of his assessment for water and sewer. Gwen Smith, 18290 Fresno Street, indicated that she took a survey on Fresno Street which indicated that there was no one on Fresno who was in favor of the project. Ms. Smith submitted the petition for the record. Deborah Jacobson, 13100 183rd Avenue, questioned whether the homeowner would be liable for the assessment if the home was sold prior to the assessments being levied. Jeff Bulger, 13131 Mississippi Road, indicated that he had a sprinkler system in the easement and questioned how that would be affected. Robin Skinner, 13063 183,d Avenue, questioned whether she would be charged for the lot next to her which is a public street right-of-way. She further questioned whether it would be possible to reconstruct the road without putting in water and sewer. Ms. Skinner indicated that in her neighborhood approximately half were for the project and half against. Rita Schmahl, 18254 Denver Street, questioned the associated costs with bringing sewer and water to the home. She further questioned why Albany and Concord Streets are not being considered for the project. Brian Layer, 13133 182,d Avenue, indicated that the condition of the streets were very poor and suggested that they be repaired. He further indicated he was in favor of the sewer and water. Elk River City Council Meeting August 5, 1996 Page 4 Gary Olson, 13084 182"4 Avenue, indicated he was in favor of the project. Ron Vaudt, 13101 182nd Avenue, indicated he was in favor of the project. Mike Wallin, 13109 183'4 Avenue, indicated his opposition and indicated he did not feel the improvement would reflect the benefit to the property. Mr. Wallin submitted a letter of opposition for the record. Dave Crocak, 18273 Denver Street, indicated he was in favor of the improvements. Mr. Crocak also questioned how the improvements would affect his landscaping. Mary Wells, 13109 Mississippi Road, indicated her concern regarding drainage ditches. She further stated she was in favor of the project. Ms. Wells indicated a concern regarding looping the system as she did not want to see it dead end by her area. Jeff Gamec, 18218 Denver Street, indicated he was in favor of the project. George Schmahl, 18254 Denver Street, indicated he was in favor of the project. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO SUPPORT THE PROJECT AND TO AUTHORIZE THE CITY ENGINEER TO PREPARE A RESOLUITON TO PROCEED WITH THE PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 7:43 p.m. and reconvened at 7:48 p.m. 5.9. Discussion on Storm Drainaqe Concerns around 4th Street and Norfolk Avenue The issue of flooding in the neighborhood of 4th Street and Norfolk Avenue was discussed by the Council. The City Council directed the city engineer to evaluate the situation and report back to the Council at a future date. 5.3. Consider Public Improvements for Riverview Heiqhts 1s~, 2nd, and 3rd Additions, Grandview Heiqhts 1st and 2nd Additions, and Palmer's Addition City Engineer Terry Maurer stated that the Council has requested a study to determine the feasibility of providing sanitary sewer, water main, storm sewer, and reconstructed streets with concrete curb and gutter in the Riverview Heights, Grandview, and Palmer's Additions. Terry Maurer reviewed the components in the feasibility study including the scope of the project, the need for right-of-way easements acquisitions, financing, other costs involved with the project, and the project schedule. Mayor Duitsman opened the public hearing. Yvonne Thibert, 13590 Riverview Drive, indicated her opposition to the request. William Schaefer, 18091 Queen Street NW, indicated his opposition to the project. Elk River City Council Meeting August 5, 1996 Page 5 Tom McNair, 13328 Riverview Drive, indicated that the majority of his neighbors were opposed to the project. He dislributed a petition to the City council with 26 names indicating opposition to the project. Mayor Duitsman entered the following letters of opposition into the record: Steven and Laurel Johnson, 13548 178th Avenue NW Paul and Sharon Beaudry, 13835 Riverview Drive Tom McNair, 13328 Riverview Drive Bob Minton, 13700 Riverview Drive, indicated he was in favor of the project for several reasons including pollution, fire protection, and the fact that it would cost more in the future to provide these services. Donovan Goossen, 10340 Sunrise Circle, indicated he was opposed to the project. Jim Cameron, 13918 Riverview Drive, indicated he was opposed to the project. David Raymond, 13686 Riverview Drive, indicated he was in favor of the project. Donna Schierchmidt, Rawlins Street, indicated she was in favor of the project. Al Sanudo, 13416 Riverview Drive, indicated his concern regarding being assessed twice due to the fact that he has Nvo lots. Mike Heinecke, 18038 Macon Street NW, indicated his concern regarding the future development of Country Crossing which is !ocated across the street. Terry Maurer stated that when the developer petitions for sewer and water, it would be a Council decision as to whether it would affect the residents along Macon Street. Tom Graber, 13548 Riverview Drive, had a question regarding acquisition of easements. He indicated he is not in favor of bringing the sewer and water through his outlot. Zach Fox, 13812 Riverview Drive, indicated his opposition to the project. Robert Hanson, 13569 Riverview Drive, questioned whether Country Crossing would be involved in paying for the project. Mary Jo Minton, 13700 Riverview Drive, questioned whether there was a possibility of extending the assessment schedule to 20 years. Andrew Anderson, 18014 Rawlins, indicated he was opposed to the request. Kristy Hermanson, 18017 Rawlins Street, indicated she was opposed to the sewer and water, but in favor of doing the overlay. Lloyd Barthel, 17801 Joplin Street, indicated he was in favor of the proposed project. Elk River City Council Meeting August 5, 1996 Page 6 Mike Gray, 13663 Riverview Drive, indicated he would support his neighbors decisions, however he stated he is in favor of the project. Mel $orenson, 13402 178th Avenue, indicated he was in favor of the project. Carl Bloomquist, 18037 Naples, indicated he is opposed to the project. Representative from Holkers Realty, 17965 Sunrise Circle, indicated they were in favor the project. Roger Paige, 13740 Riverview Drive, indicated he was opposed to the project. Mark Lucas, 13346 Riverview Drive, indicated that he was opposed to the project. Dave Forester, 13860 Mississippi Road, indicated he was opposed to the project. Don Kettner, 13532 178th Avenue NW, indicated he was opposed to the project. Elsie Provencher, 17960 Macon Street, indicated she was opposed to the project. Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE CITY ENGINEER AND THE CITY STREET/PARK SUPERINTENDENT TO STUDY THE NEED FOR AN OVERLAYMENT AND TO COME BACK TO THE CITY COUNCIL WITH A RECOMMENDATION ON THE STREETS IN THE PROPOSED AREA. COUNCILMEMBER SCHEEL SECONDED THE MOTION. Councilmember Dietz stated that he felt that the issue of sewer and water should be dealt with so that the neighbors and residents can move on with their lives knowing the outcome of this proposed project. He further suggested that all the streets in the area be considered for overlayment. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE STREET OVERLAYMENT FOR THE AREA AND TO AUTHORIZE THE CITY ENGINEER TO PREPARE A RESOLUTION FOR THE STREET OVERLAYMENT WHICH WOULD BEGIN THE 429 PROCESS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained indicating he did not feel he should vote on the issue as he voted against an assessment for his residence. 5.6. Review 1996 Annual Evaluation of Planninq Survey and Update on WWTP Compliance City Administrator Pat Klaers indicated that the Council has received a report from the Minnesota Pollution Control Agency (MPCA) regarding the compliance of the city Wastewater Treatment Plant and the annual evaluation and planning survey for the city Wastewater Treatment Plant. Superintendent Darrell Mack indicated that the city is participated in the 1996 annual evaluation and planning system process. He stated that the MPCA has completed its review of the city's wastewater treatment system and submitted report to the City Council for its review. Darrell Mack indicated that the city Wastewater Treatment Plant system Elk River City Council Meeting August 5, 1996 Page 7 is in compliance with state regulations. He indicated that expansion of the plant has assisted in the city's compliance to these regulations. Mayor Duitsman thanked Darrell for the presentation of the report and indicaled that it would be submitted and certified to the Minnesota Pollution Control Agency. Darrell Mack updated the Council on the progress of the Wastewater Treatment Plant expansion project. Darrell Mack indicated to the Council that the state mandated new rules and regulations for disposal of sludge on sludge land. He indicated that the change in the rules and regulations will require the city to have more land available for sludge. He further stated that the new rules will be in effect at the end of August. Mayor Duitsman requested the sewer superintendent to provide an estimate as to how much property would be necessary in the future for sludge land. 5.8. Purchase of Used Sidewalk Plow and Mower Street/Park Superintendent Phil Hals requested the Council to consider the purchase of a 1993 MT Trackless sidewall< plow for $20,000 from the City of Maplewood. Phil Hals indicated that a new unit would cost over $65,000. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PURCHASE OF A USED 1 ??3 MT TRACKLESS PLOW/MOWER FOR $20,000 WITH $10;000 COMING FROM THE STREET EQUIPMENT RESERVE AND $10,000 FROM THE PARK EQUIPMENT RESERVE. COUNCII.MEt,ABER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Lowell Avenue Up.qrade COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-58, A RESOLUTION OF THE CITY OF ELK RIVER ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATI'ER OF THE LOWELL AVENUE IMPROVEMENT OF 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.11. Jarvis Street/156th Avenue Up.qrade City Engineer Terry Maurer indicated that staff has prepared a resolution which would initiate a public improvement process on Jarvis Street and 156th Avenue from the Fredrickson Auto Dealership to Jarvis Street. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 96-59, A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE JARVIS STREET AND 156TM AVENUE EAST OF JARVIS STREET UPGRADE IMPROVEMENT OF 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.13. Planninq Commission and Park and Recreation Applicants City Clerk Sandy Thackeray updated the Council on the status of applicants for the Planning Commission and Park and Recreation Commission vacancies. She noted that there were three applicants for the Planning Commission and three Elk River City Council Meeting August 5, 1996 Page 8 applicants for the Parr and Recreation Commission. The city clerk suggested calling a special meeting for September 9 to interview these applicants. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON SEPTEMBER 9, 1996, AT 5:00 P.M. TO INTERVIEW PARK AND RECREATION COMMISSION AND PLANNING COMMISSION APPLICANTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.16. Update on Finances for Capital Improvement Projects Mayor Duitsman indicated that this item was provided for an update to the City Council and the issues would be discussed during the budget meetings. 6. Open Mike No one appeared for this item. 8. Other Business Councilmember Farber requested staff to look into the semi trailer parked at Cub Foods. 9. Staff Updales City Administrator Pat Klaers informed the Council that regarding Item 5.16., the fire department will be requesting approval to purchase the fire truck as outlined at the August 19 meeting. The City Administrator informed the Council that per Council direction of last February, the city is negotiating for property to locate a Westbound liquor store. He informed the Council that the city is not only looking in the northwest corner of the proposed area, but also looking at the northeast corner. The Council stated it had no problems or concerns with this possible northeast location. 10. Adjournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:45 p.m. Respectfully submitted, Sandra Thackeray City Clerk s:\rninutes\co080596.doc