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08-07-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 7, 1995 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel. Farber, and Holmgren Members Absent: None Staff Present: Patrick Klaers, City Administrator; Sandra Thackeray, City Clerk; Tom Zerwas, Chief of Police; Phil Hals, Street Superintendent; Peter Beck, City Attorney; Steve Rohlf, Building and Zoning Administrator Also Present: Clair Olson, Park and Recreation Commissioner 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 p.m. by Mayor Duitsman. 2. Consider Council Aaenda Item 4.5., Elk River Landfill Merger, was added to the agenda. e COUNCILMEMBER FARBER MOVED TO APPROVE THE AUGUST 7, 1995, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE AUGUST 7, 1995, CONSENT AGENDA, WITH THE EXCEPTION OF ITEM 7.6., AS FOLLOWS: 4.a. JULY 31, 1995, SPECIAL CITY COUNCIL MINUTES u APPROVED 4.b. JULY 31, 1995, EXECUTIVE SESSION CITY COUNCIL MINUTES u APPROVED 7.1. ACCEPT RESIGNATION FROM PARK AND RECREATION COMMISSIONER SUE DALEIDEN u APPROVED 7.7. PERMISSION FOR BUILDING OFFICIAL TO ATTEND OUT OF STATE CONFERENCE IN MADISON, WISCONSIN -- APPROVED 7.8. EXEMPTION FROM LAWFUL GAMBLING LICENSE BY CHURCH OF ST. ANDREW TO OPERATE BINGO ON OCTOBER 22, 1995 u APPROVED 8. CHECK REGISTER u APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Elk River Landfill Meraer e Building and Zoning Administrator Steve Rohlf reviewed with the Council a letter that he had sent to Elk River Landfill, Inc., regarding the proposed merger with SaniFill. Steve Rohlf explained that Elk River Landfill is in compliance with all the terms and conditions of the city's conditional use permit and license with the exception that the time period for renewal of the license has expired. Elk River City Council Meeting August 7, 1995 Page 2 Discussion was held regarding the time extension that the city should allow prior to Elk River Landfill renewing the conditional use permit and license. e COUNCILMEMBER SCHEEL MOVED TO GRANT A 120 DAY MAXIMUM EXTENSION TO THE ELK RIVER LANDFILL CONDITIONAL USE PERMIT AND LICENSE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Rohlf informed the Council that the attorney for SaniFilI is with the same law firm which the city uses - Larkin, Hoffman, Daly, Lindgren. 5. Conduct Interviews with Applicants for the Park and Recreation Commission The following applicants were interviewed by the City Council for appointment to the Park and Recreation Commission: Darlene Nickols Scott Brabec Lana Huberty Jeff Hendrickson Kent Madsen Richard Bitney 9. Other Business The City Administrator indicated that he has become aware of the fact that more than two Councilmembers may be interested in attending a Fire Department Task Force meeting on Wednesday. He stated that if this is the case, a special meeting of the City Council will need to be called. It was the consensus of the Council not to attend the Fire Department Task Force meeting at this time. Mayor Duitsman indicated that he would report back to the Council following Wednesday's Fire Department Task Force meeting. e 6. Open Mike 6.1 . Downtown Business Owners Reauest Council to Reconsider Elimination of Parkina Stalls in Front of EDA Site John Fitzgerald, downtown business owner, addressed the Council regarding the recent loss of four parking spots in the downtown area. John Fitzgerald indicated that the business owners are upset due to the loss of the four prime parking spots in downtown Elk River. He indicated that the business owners feel that they should be informed prior to the Council making this type of a decision. Mr. Fitzgerald also indicated that the business owners did not feel that the beautification of the EDA site would be affected by leaving the parking stalls as they were. John Purmort, Sunshine Depot, indicated that the perception of parking aleas close to the businesses is important to the people. Streel/Park Superintendent Phil Hals distributed a survey which he had taken a~ random times showing the number or parking stalls available in the downtown area. John Fitzgerald indicated that the number of stalls available is not an issue. The issue remains to be the convenience of parking close to one's business and notifying the business owners prior to eliminating parking stalls in front of the businesses. e Elk RIver City Council ~leetmg August i, 1995 Page 3 e Council member Dietz indicated that he was under the impression that the parking stalls along Main Street were to be used for customers rather than business owners. Councilmember Scheel indicated that the city needs to encourage people to park in the downtown area and to use the downtown. She indicated that she would like to see the parking areas reinstalled. Councilmember Farber indicated that he was under the impression that the property owners had been informed of the Park and Recreation Commission's recommendation to remove the parking stalls. He indicated that he would not be opposed to reinstalling the four parking areas. Mayor Duitsman indicated that the designers of the Riverfront Task Force Committee feel it is very important to leave the area open in order to make the area more visible to the public. Also, if the stalls ore reestablished now, the city may see 0 recommendation with the Riverfront project to remove the stalls in the future. Clair Olson stated that the Pork and Recreation Commission looked at the need and sensitivity of the area. He indicated that the Park and Recreation Commission felt that there is a need to let the people know that the area exists. e Councilmember Holmgren indicated that the business owners pay the taxes and, therefore, their wishes should be considered. COUNCILMEMBER SCHEEL MOVED TO REINSTALL THE FOUR PARKING SPACES IN FRONT OF THE EDA SITE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4.1. Councilmember Dietz opposed as he felt the issue should be referred bock to the Pork and Recreation Commission. Resident William Fallon, 833 Fawn Rood, addressed the Council regarding a fence issue. He indicated that his neighbor installed a fence on the property line. Mr. Fallon questioned why there was no city ordinance regulating the placement of fences on residential property. After discussion it was the consensus of the Council to authorize the Planning Commission to review this issue and that it then be referred to the City Council. 7.2. Consider New APpointments to the Pork and Recreation Commission COUNCILMEMBER SCHEEL MOVED TO APPOINT LANA HUBERTY TO THE PARK AND RECREATION COMMISSION REPLACING ClETE lIPETZKY WHOSE TERM EXPIRES DECEMBER 31, 1995. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER FARBER MOVED TO APPOINT KEN MADSEN TO THE PARK AND RECREATION COMMISSION REPLACING SUE DALEIDEN WHOSE TERM EXPIRES Elk Rl\'er City Council Meeting August i, 1995 Page 4 DECEMBER 31, 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 7.3. Consider Public Works Facility Automatic Gate Ooener Purchase Street/Park Superintendent Phil Hals indicated that he is requesting authorization to purchase a power gate opener for the fenced gate at the street garage. The City Administrator indicated that the funding source for the purchase would come from the Street Equipment Reserves. Councilmember Dietz indicated that he does not agree that there is a need to purchase an automatic gate opener. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PURCHASE OF THE POWER GATE OPENER FOR THE STREET DEPARTMENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. 7.4. Contract Pavino of Hikina Trails in Herita<;:le Landino. Country Crossinas. Meadowvale Heiahts. and Schoolview Additions Street/Park Superintendent Phil Hals indicated that it would take eight members of the street department crew three full days to complete the paving of the hiking trails in Heritage Landing, Country Crossings, Meadowvale Heights and Schoolview Additions. He indicated that he feels it would be best to hire the project out so that the street department crew can continue on with other necessary projects. e Phil Hals indicated that he received three quotes for the paving projects - the lowest being from Elk River Bituminous at $14,620. COUNCILMEMBER SCHEEL MOVED TO AWARD THE PAVING OF HIKING TRAILS IN HERITAGE LANDING, COUNTRY CROSSINGS, MEADOWVALE HEIGHTS, AND SCHOOLVIEW ADDITIONS TO ELK RIVER BITUMINOUS AT $14,620. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator indicated that this project would be paid for through park dedication funds. 7,5. Consider Woodland Trails Park Trail Pavina Street/Park Superintendent Phil Hals indicated that it was his intention to have the street department staff complete the Woodland Trails Park paving project. He indicated that after further consideration. he feels it would be best to hire a contractor to do the paving for an estimated cost of $19.500. Phil Hals indicated that it would take his staff approximately two weeks to do the project and stated that this would put his department behind in normal maintenance duties. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE STREET DEPARTMENT TO OBTAIN BIDS FOR THE PAVING OF WOODLAND TRAILS PARK. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Consider Water Restrictions Ordinance e COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 95-18. AN ORDINANCE AMENDING SECTION 406 OF THE CODE OF ORDINANCES OF THE CITY OF ELK RIVER e e e Elk River City Council Meeting August 7, 1995 Page 5 REGARDING WATER USE RESTRICTIONS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Discussion on Volunteer Aooreciation Proaram The City Administrator indicated that the Economic Development Coordinator is requesting the City Council to reconsider its action regarding the exclusion of EDA members to the volunteer appreciation dinner. The Council discussed the proposed invitation list. Much concern was raised over the issue of including paid board and commission members in the appreciation program. Council member Scheel indicated that she did not feel staff liaisons should be invited to the dinner. It was the consensus of the Council to postpone any decision on this issue until August 21, 1995. 10. Staff Uodates There were no staff updates presented. 11. Motion to Recess into Continued Executive Session COUNCILMEMBER HOLMGREN MOVED TO RECESS INTO A CONTINUED EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS PERSONNEL ISSUES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed into Executive Session at 8: 1 0 p.m. The City Council reconvened at 8:40 p.m. 13. Consider Action on Personnel Issue MAYOR DUITSMAN MOVED TO DIRECT THE CITY ADMINISTRATOR TO SEND A NOTICE OF INTENT TO TERMINATE TO THE OFFICER IN QUESTION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 14. Adiournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 8:45 p.m. Respectfully submitted, ~ i3kerOy .City Clerk