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10-28-1996 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 28, 1996 Members Present: Mayor Duitsman, Council members Dietz, Scheel. Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Kendra Lindahl. Zoning Assistant; Kevin Johnson, City Attorney; Lori Johnson, Assistant City Administrator 1. Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6: 1 0 p.m. by Mayor Duitsman. 2. Consider Council Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 10/17/96 SPECIAL CITY COUNCIL MINUTES - APPROVED 3.2. 10/21/96 COUNCIL MINUTES - APPROVED 3.3. SPECIAL MEETING TO CANVASS ELECTION RESULTS - CALLED FOR NOVEMBER 6, 1996, AT 5 P.M. - APPROVED 3.4. RESOLUTION 96-95 ADOPTING FINAL ASSESSMENT ROLL FOR HILLSIDE CROSSING" - APPROVED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1 . Lake Orono Sedimentation Study Fundinq Discussion Building and Zoning Administrator Steve Rohlf updated the Council on the progress of the Lake Orono study. Steve Rohlf indicated that the Lake Orono Improvement Association will be seeking financial aid from the County and other community organizations, however, it is estimated that up to $10,000 will need to be contributed by the City of Elk River to complete the study. It was noted that the capital projects reserve and the Parks equipment/infrastructure reserve were two possible sources of funds for this expenditure. COUNCILMEMBER FARBER MOVED TO AUTHORIZE UP TO $10,000 FOR THE FUNDING OF THE LAKE ORONO STUDY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. ,>..._.. ......._....,_..__...._~......"..._............ T1 -.-.'.". Elk River City Council Meeting October 28. 1996 Page 2 4.2. Authorize Hiring of Housina Inspector for Rentallnsoection Proqram COUNCILMEMBER HOLMGREN AUTHORIZED STAFF TO HIRE JAMES DAVIS FOR THE HOUSING INSPECTOR POSITION WITH THE CITY OF ELK RIVER AT PAY GRADE 12, STEP E ($13.77 PER HOUR) WITH THE ORIENTATION PERIOD TO TERMINATE ON JUNE 30, 1997. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5- O. 4.3. Wild and Scenic River Ordinance Amendment Building and Zoning Administrator Steve Rohlf explained that staff has been working with the Department of Natural Resources (DNR) regarding the Wild and Scenic River ordinance. He stated that staff has proposed revisions to the ordinance so that the ordinance would be consistent with the City's Comprehensive Plan. Steve Rohlf indicated that staff has requested the Council to postpone any action on this issue until the City and the DNR can resolve their differences regarding the proposed DNR ordinance. Councilmember Scheel indicated her concern that what is happening to the core city as a result of this ordinance has already happened to those living in the country. Councilmember Scheel indicated that she was opposed to restrictions that have been placed on the landowners in the country. Building and Zoning Administrator Steve Rohlf stated that staff is concerned how the Wild and Scenic River ordinance will affect the entire city. After further discussion it was the consensus of the Council to direct staff to move ahead with negotiations with the DNR. 4.4.0. Waste Delivery Contract Between Sherburne County and the City of Elk River Zoning Assistant Kendra Lindahl stated that staff and city attorney are recommending that the City enter into a Waste Delivery Contract with Sherburne County. She indicated that the contract states that all of Elk River's residential garbage will continue to go to the RDF Plant. She stated the only change would be that the City will pay for the disposal. In the past the disposal was paid for by the haulers. She indicated that this change would allow the City to respond more quickly to the changes in the tipping fee and to be able to pass those changes onto the residents. COUNCILMEMBER FARBER MOVED TO APPROVE THE WASTE DELIVERY CONTRACT BETWEEN THE CITY OF ELK RIVER AND SHERBURNE COUNTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4.b. Hauler Contracts Kendra Lindahl stated that staff has been working with Corrow Sanitation, East T onka Sanitation, and Peterson Brothers Sanitation to negotiate new hauler contracts. Kendra Lindahl indicated that approval of the agreements for garbage and refuse recycling collection will reduce the rates to Elk River residents by a minimum of $1.70 per month. Elk River City Council Meeting October 28. 1996 Page 3 COUNCILMEMBER DIETZ MOVED TO APPROVE THE AGREEMENTS FOR GARBAGE REFUSE AND RECYCLING COLLECTION FROM NOVEMBER 1, 1996, THROUGH OCTOBER 31, 1999, WITH THE CONTRACTS TO BE RENEWABLE FOR AN ADDITIONAL TWO YEARS, IF DESIRED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4.c. Transfer of Garbaae Collection Contract from East Tonka to Randy's Sanitation COUNCILMEMBER DIETZ MOVED TO APPROVE THE TRANSFER OF THE GARBAGE, REFUSE AND RECYCLING COLLECTION CONTRACT FROM EAST TONKA SANITATION TO RANDY'S SANITATION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5.0. Consider Ice Arena Commission Resolution City Administrator Pat Klaers reviewed the proposed Ice Arena Commission resolution establishing meeting dates, times, and locations. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-96, A RESOLUTION ESTABLISHING THE ICE ARENA COMMISSION MEETING DATES, TIMES, AND LOCATIONS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Scheel abstained. 4.5.b. Consider Reauest to Advertise for Commission Members from the Public COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO ADVERTISE FOR PUBLIC REPRESENTATION ON THE ICE ARENA COMMISSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Scheel abstained. 4.5.c. Consider City Council Representation on Ice Arena Commission COUNCILMEMBER HOLMGREN MOVED TO APPOINT COUNCILMEMBER FARBER AS CITY COUNCIL REPRESENTATIVE ON THE ICE ARENA COMMISSION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Scheel abstained. 4.5.d. Ice Arena Proiect Finance Update City Administrator Pat Klaers updated the City Council on financing of the Ice Arena project. 4.6.0. Consider Fundina Options for Recent Surface Water Manaaement Proiects City Administrator Pat Klaers indicated that discussion has previously been held by the City Council regarding financing of the Western Area Phase II, the Main/Evans, and the North Joplin Street frontage road surface water management projects. The City Administrator stated that after extensive discussion and analysis of the situation, staff is recommending that the City dedicate funds from TIF NO.2 and NO.3 to the surface water management projects. TI Elk River City Council Meeting October 28. 1996 Page 4 COUNCILMEMBER SCHEEL MOVED TO APPROVE THE EXPENDITURE OF TIF NO.2 AND NO.3 FUNDS FOR SURFACE WATER MANAGEMENT PROJECTS WHICH DO NOT HAVE ANOTHER FUND SOURCE INCLUDING FRESNO, WESTWOOD, WESTERN AREA PHASE II, MAIN/EVANS, AND NORTH JOPLIN STREET FRONTAGE ROAD. COUNCILMEMBER HOLGMREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO CALL A PUBLIC HEARING FOR DECEMBER 16, 1996, TO AMEND T1F DISTRICTS NO.2 AND NO.3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6.b. Review 1997-98 Improvement Proiects City Administrator Pat Klaers reviewed the anticipated surface water management projects that will take place over the next few years. 4.7.0. Northbound Options City Administrator Pat Klaers stated that the architect for the new Northbound store is scheduled to make a presentation to the City Council on November 4, 1996. The City Administrator informed the Council that the City has been approached by representatives of Sax Food and Drug to consider locating a City liquor facility in the Sax store in lieu of a freestanding Northbound liquor store on property owned by the City. It was the consensus of the Council to further discuss this item on Noyember 4, 1996. 4.7.b. Westbound Liauor Store Sites City Administrator Pat Klaers updated the City Council on negotiations that have been taking place regarding a Westbound liquor store site at the northwest corner of the Highway 10 and Joplin Street intersection. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO MOVE FORWARD WITH A PURCHASE AGREEMENT FOR PROPERTY TO LOCATE THE WESTBOUND LIQUOR STORE AT THE NORTHWEST CORNER OF HIGHWAY 10 AND JOPLIN STREET INTERSECTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Consider Initiatina an Ordinance Amendment to Allow Hotels and Class I Restaurants as Conditional Uses in the C3 District COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE PLANNING COMMISSION TO RESEARCH THE POSSIBILITY OF AN ORDINANCE AMENDMENT TO ALLOW HOTELS/MOTELS AND CLASS I RESTAURANTS AS A CONDITIONAL USE IN THE C3 DISTRICT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Ooen Mike Tom Thompson, 217th Ayenue, indicated some concernS he has regarding signing an easement over to the City of Elk River. Mayor Duitsman requested the City A ttorney to contact Mr. Thompson regarding this matter. ..>-_.._....._-"~,-~_._._..--"_.,,-<- "'IT Elk River City Council Meeting October 28. 1996 Page 5 Mr. Thompson also stated that there have been several times that he has witnessed grayel trucks not stopping or slowing down for stop signs near Barton Sand and Gravel. 7. Other Business Mayor Duitsman indicated that he authorized the Police Chief to move forward with the COPS More 96 Grant process to purchase mobile digital computers and to hire one community service officer. COUNCILMEMBER HOLMGREN MOVED TO CONCUR WITH THE MAYOR'S DECISION TO AUTHORIZE THE POLICE CHIEF TO PROCEED WITH THE COPS MORE 96 GRANT PROCESS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 7: 15 p.m. Res!ctfullY submitted, xJ~~~~~ Sandra Thackeray U '-L- City Clerk minutes\col02896.doc