Loading...
08-24-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 24, 1998 Members Present: Mayor Duitsman, Councilmembers Diefz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Paul Steinman, Director of Economic Development; Laurie Mezera-Kerr Environmental and Code Enforcement Officer; Phil Hals, Street/Park Superintendent 1. Call Meetin,q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Duitsman. 2. Consider A,qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 8/24/98 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.4. 3.5. 3.6, 3.7. 3.8. 8/17/98 CITY COUNCIL MINUTES- APPROVED CONSUMPTION AND DISPLAY PERMIT FOR ELK RIVER COUNTRY CLUB - APPROVED ORDINANCE 98-19 AMENDING SECTION 300 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO ELECTIONS BY RESCINDING SECTION 300.02 PERTAINING TO ABSENTTE BALLOT COUNTING BOARD - APPROVED RESOLUTION 98-92 AUTHORIZING EXECUTION OF AGREEMENT AND ENTERING INTO A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY, FOR THE PROJECT ENTITLED SAFE AND SOBER COMMUNITIES DURING THE PERIOD FROM OCTOBER 1, 1998, THROUGH SEPTEMBER 30, 1999 - APPROVED RESOLUTION 98-93 APPROVING A MNDOT LIMITED USE PERMIT FOR THE INSTALLATION OF A PEDESTRIAN PATHWAY ALONG TRUNK HIGHWAY 169 -- APPROVED AUTHORIZATION FOR A TEMPORARY ONE DAY ON SALE LIQUOR LICENSE FOR FIRE DEPARTMENT OPEN HOUSE BY THE ELK RIVER LIONS - APPROVED AUTHORIZATION TO CLOSE 4TM STREET FOR THE FIRE DEPARTMENT OPEN HOUSE ON SEPTEMBER 19, 1998 - APPROVED AUTHORIZATION TO PURCHASE SCBA AIR CHARGE COMPRESSOR, TO REPLACE THE UNIT PURCHASED IN 1983, FROM NORTH SHORE COMPRESSOR AT A COST OF $8,224 - APPROVED Elk River City Council Minutes Page 2 August 24, 1998 COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Council Response and Review of Petitions Received from Cecilia Scheel City Clerk Sandra Peine informed the City Council that they had received three petitions on August 17, 1998, from Cecilia Scheel. The city clerk addressed each petition. Petition #1 - It is the wish of the undersiqned to chanqe the charter of the City of Ell< River, Minnesota. We therefore petition for a referendum vote that all voters of the City may vote for the Chief of Police. The City Clerk indicated that there is no provision in state statute to allow the police chief to be an elected position. COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST TO VOTE ON THE POSITION OF POLICE CHIEF. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Petition #2 - It is the wish of the undersiqned, that the Charter of the City of Ell< River be chan.qed permittin.q all voters to vote for all Council Members. Not only the one from their ward. Therefore, we petition the city for a referendum vote. The City Clerk indicated that there is no provision in state law that allows a city to submit a question to the voters regarding elimination of the ward system. She indicated that Elk River's ward system was put into effect at the time of consolidation in 1978. Mayor Duitsman stated that at the time of consolidation, representation by ward was a crucial issue. COUNCILMEMBER DIETZ MOVED TO DENY THE PETITION REQUESTING THAT THE CITY OF ELK RIVER ELIMINATE THE WARD SYSTEM. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Petition #3 - That the City of Ell< River shall not allow non-residents of the City of Ell< River to serve on any commission, committee, or board of advisory settin.q policy for the City of Elk River, Minnesota, i.e. Plannin.q, Utility, HRA, EDA, Park, Zonin.q, or any other policy and/or spendin.cl board, committee, or commission which may organize at a future date for the purpose of determininq and influencinq the life of any citizen of the City of Elk River, Minnesota. The City of Elk River, Minnesota may hire a consultant to advise a board, commission, or committee. He/she may not cast a vote with the group being advised. The City Clerk indicated membership on boards and commissions are set either by state law, city ordinance, or bylaws of the commission or board. She further indicated that it would be a decision of the Council to amend either the ordinance and/or bylaws to address the situation. Councilmember Farber stated that the ice arena is used by the entire School District and indicated he felt representation should be by those using the facility. Elk River City Council Minutes Page 3 August 24, 1998 Councilmember Thompson indicated that he would like to review the issue, however he felt that it should be the citizens of Elk River who are representatives on the boards and commissions of the city. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE CITY CLERK TO REVIEW THE ISSUE AND TO BRING IT BACK FOR COUNCIL DISCUSSION SOME TIME IN DECEMBER PRIOR TO BOARD AND COMMISSION APPOINTMENTS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Cecilia Scheel requested to be notified when this issue was on the Council agenda for consideration. 4.2. Tax Increment Financin.q District No. 20 - Public Hearing Director of Economic Development Paul Steinman stated this issue pertains to the final step in formation of a tax increment financing district to facilitate an industrial project in the Elk River Industrial Park for Supermats, Inc. He informed the Council that the EDA approved the Tax Increment Plan at its meeting on August 10, 1998. Mayor Duitsman opened the public headng. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-94 MODIFYING DEVELOPMENT DISTRICT NO. 1 AND ADOPTING THE DEVELOPMENT PROGRAM THEREFOR; AND ESTABLISHING WITH DEVELOPMENT DISTRICT NO. 1, TAX INCREMENT FINANCING DISTRICT NO. 20 AND ADOPTING THE RELATED TAX INCREMENT FINANCING PLAN THEREFOR. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Victoria Lane Overlay and Trucking Activity City Administrator Pat Klaers indicated that the residents of Victoda Lane have been notified of this meeting. He indicated that the issue relates to an approved overlay for Victoria Lane and the possibility of the overlayment being compromised by a semi trailer/tractor in the area. He reviewed the issues that had previously been discussed. He further indicated that Environmental and Code Enforcement Officer Laurie Mezera-Kerr has done some research regarding semi tractors/trailers in residential areas. Laurie Mezera-Kerr indicated that due to complaints received about a local trucker in a residential area, she has researched several cities regarding these types of issues. She indicated that this issue would be addressed in the city's nuisance ordinance and that she is working on an amendment to the nuisance ordinance. Mark Grimmer, 20446 Victoda Lane, indicated that he did not feel it was fair that the city is working with the county to obtain a driveway permit for Mr. Martin when he was denied a driveway permit a few years ago for the same area. He further indicated that the subdivision has a covenant regarding the use of semi trucks in the area and questioned whether the city would enforce this covenant. Mayor Duitsman indicated that the city does not enforce neighborhood covenants. Elk River City Council Minutes August 24, 1998 Page 4 4.4. 4.6. Steve Stoffers, 14092 Victoria Lane, indicated that he was opposed to fixing the road to a higher standard so as to accommodate one individual. He further indicated that this would be done at the expense of the taxpayers and did not feel it was fair. Gary Balcom expressed his concern over truck noise and stated he hopes any revised ordinance will address this type of situation. Discussion was held by the Council regarding whether it would be feasible to post a 5 Ton maximum on the road which would make it impossible for a semi truck to use the road. It was further noted that this could also restrict activities of the neighbors as other trucks would also not be allowed on the road such as cement trucks, garbage trucks, etc. COUNCILMEMBER DIETZ MOVED TO SEND THE ISSUE OF SEMI TRUCK TRAILERS/TRACTORS IN RESIDENTIAL AREAS TO THE PLANNING COMMISSION FOR REVIEW AND TO DELAY ANY ACTION ON THE OVERLAY ON VICTORIA LANE UNTIL A DECISION IS MADE BY THE COUNCIL REGARDING THE ORDINANCE AMENDMENT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Interview Applicants for Park and Recreation Commission The City Council interviewed Mitch Utecht and Tim Sladek for the Park and Recreation Commission. The City Clerk noted that an interview has also been scheduled for August 31, 1998, with Marvin Johnson. Update on City Planner Applicants The City Administrator indicated that staff is contemplating hiring Jim Brimeyer to help with the selection process of the city planner. He indicated that this would take place some time during the winter. Councilmember Father noted that it may be best to have a candidate already hired around the first of the year because spring is a very busy time of the year for the planning department. It was the consensus of the City Council to continue the city planner selection process until winter. Budget Update City Administrator Pat Klaers updated the City Council on the 1999 budget process. Open Mike No one appeared for this item. Other Business The City Administrator informed the Council that there is a report being prepared by Burbach Aquatics for the park and recreation referendum. He indicated that the report would be ready on September 2, 1998. Elk River City Council Minutes August 24, 1998 Page 5 COUNCILMEMBER THOMPSON MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON SEPTEMBER 2, 1998, AT 6 P.M. TO HEAR A REPORT FROM BURBACH AQUATICS ON THE PARK AND RECREATION REFERENDUM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Staff Updates There were no staff updates. 8. Adjournment There being no further business, Mayor Duitsman adjourned the meeting at 7:38 p.m. City Clerk