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06-06-1994 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 6, 1994 Members Present: Mayor Duitsman. Councilmembers Dietz. Scheel. Farber and Holmgren Members Absent: None Staff Present: Pat Klaers. City Administrator; Sandra Thackeray. City Clerk; Terry Maurer. City Engineer; Steve Ach. City Planner; Peter Beck. City Attorney; Phil Hats. Street Superintendent 1. Call Meetino To Order 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. 2. Consider Aoenda The following changes were made to the agenda: e 13.1 - Deleted - Personnel Issue 11.1 - Added - MnDOT tour 11.2 - Added - Update on fire department meeting 11.3 - Added - Discuss possibility of special city council meeting COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 6/6/94 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aoenda COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4. 5/23/94 CITY COUNCIL MINUTES - APPROVED WITH THE FOLLOWING CORRECTION: ITEM #5.2 - COUNCILMEMBER SCHEEL VOTED AGAINST THE MOTION BECAUSE SHE DOES NOT BELIEVE THE CITY CAN HAVE IT BOTH WAYS; EITHER THE LOT HAS BEEN SUBDIVIDED OR IS ONE PARCEL. BASEO ON THE CITY ASSESSMENT ROll. FOR THIS WESTWOOO IMPROVEMENT PROJECT OF 1992. 5.1. TEMPORARY ON SALE NONINTOXICATING MALT LIQUOR LICENSE REQUESTED BY CHAMBER OF COMMERCE FOR FOURTH OF JULY CELEBRATION - APPROVED e 5.2. TEMPORARY ON SALE NONINTOXICATING MALT LIQUOR LICENSE REQUESTED BY CHURCH OF ST. ANDREW - APPROVED City Council minutes June 6, 1994 Page 2 e 5.3. EXEMPTION FROM LAWFUL GAMBLING LICENSE BY CHURCH OF ST. ANDREW - APPROVED 5.7. REQUEST OF CHARITABLE GAMBLING FUNDS FROM THE FRATERNAL ORDER OF EAGLES IN THE AMOUNT OF $2,000 TO SUPPLEMENT THE CITY'S FINANCIAL SUPPORT FOR THE ANNUAL FOURTH OF JULY CELEBRATION - APPROVED REQUEST OF CHARITABLE GAMBLING FUNDS FROM THE AMERICAN LEGION POST #112 IN THE AMOUNT OF $2,000 TO SUPPLEMENT THE CITY'S FINANCIAL SUPPORT FOR THE ANNUAL FOURTH OF JULY CelEBRATION - APPROVED REQUEST OF CHARITABLE GAMBLING FUNDS FROM THE VFW POST #5518 IN THE AMOUNT OF $300 TO SUPPLEMENT THE CITY'S FINANCIAL SUPPORT FOR THE ANNUAL FOURTH OF JULY CelEBRATION - APPROVED 5.8. AUTHORIZATION TO BID ON THE FOLLOWING ITEMS AT THE HENNEPIN COUNTY PURCHASING EQUIPMENT AUCTION FOR PURCHASE BY THE STREET DEPARTMENT AT A PRICE NOT TO EXCEED $9,000: TWO STEEL ASPHALT ROLLERS, SIX- YARD DUMP BOX, TRAILER MOUNTED CEMENT MIXER AND A SIDEWALK PLOW - APPROVED e 5.9A. PAY ESTIMATE #4 TO RICHARD KNUTSON, INC., IN THE AMOUNT OF $26,254.49 FOR WORK COMPLETED ON THE MEADOWVALE HEIGHTS TRUNK UTILITY IMPROVEMENT - APPROVED 5.9B. PAY ESTIMATE #2 TO RICHARD KNUTSON, INC., IN THE AMOUNT OF $86,473.64 FOR WORK COMPLETED IN THE NORTHEAST AREA - APPROVED 5.1 O. APPROVAL OF THE FOLLOWING LIQUOR LICENSES: AMERICAN LEGION - LIQUOR ON-SALE AND SUNDAY BEAUDRY EXPRESS - 3.2 BEER OFF-SALE BROADWAY BAR & PIZZA - LIQUOR ON-SALE AND SUNDAY CHIN YUEN - 3.2 BEER ON-SALE AND WINE ON-SALE ELK RIVER BOWL - LIQUOR ON-SALE AND SUNDAY E.R. COUNTRY CLUB - 3.2 BEER ON-SALE AND WINE ON-SALE elK RIVER EAGLES - CLUB ON-SALE AND SUNDAY LAROSE'S PIZZA & PASTA - WINE ON-SALE AND 3.2 BEER ON-SALE PINEWOOD GOLF COURSE - 3.2 BEER ON-SALE PIZZA HUT - 3.2 BEER ON-SALE SUNSHINE DEPOT - LIQUOR ON-SALE AND SUNDAY SUPERAMERICA - 3.2 BEER OFF-SALE WAPITI PARK - 3.2 BEER OFF-SALE AND 3.2 BEER ON-SALE 9. CHECK REGISTER - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e City Council minutes June 6, 1994 Page 3 e 5.5. Personnel Request ~ human resources coordinator City Administrator Pat Klaers indicated that the position of a human resources coordinator was discussed during the 1994 budget process. He stated that the hiring of this position was delayed by the Council to allow for Council discussion of the matter. The City Administrator explained that due to the growth of the City and growth in personnel with 62 full time employees, staff supports the position of a human resources coordinator. Councilmember Holmgren indicated that he has been an advocate of this position for a couple of years. He indicated there are many personnel issues which the City has been dealing with including comparable worth and insurance. Councilmember Holmgren indicated that he is in favor of the position. Councilmember Scheel indicated she would like to see the salary for the position at $35,000. Councilmember Farber indicated he is in favor of hiring a human resources coordinator. He indicated that Pat Klaers and Lori Johnson do not have the time to deal with all personnel issues. Councilmember Farber also indicated that he would like to see the salary kept at about $35,000. He further stated that it is important that this position review the health insurance issue in order to lower the premiums. e Mayor Duitsman indicated that although the City has experienced growth, he does not feel this is the time to hire a human resources coordinator. He indicated that the City should rely on the League of Minnesota Cities for its personnel needs. He indicated that the hiring of a human resources coordinator is one expense that the city does not need and stated he will not support the issue at this time. Councilmember Dietz indicated that he would like time to review this issue more thoroughly. He stated that he may be willing to authorize the hiring of this position following the 1995 budget review. COUNCllMEMBER HOLMGREN MOVED TO PROCEED WITH THE HIRING OF A HUMAN RESOURCES COORDINATOR WITH A SALARY RANGE OF $35,000 - $43,500 AND THAT THE EMPLOYEE BEGIN EMPLOYMENT ON SEPTEMBER 1, 1994. THE MOTION FAILED 2- 2-1. COUNCILMEMBERS FARBER AND HOLMGREN VOTED IN FAVOR OF THE MOTION. COUNCILMEMBER DIETZ AND MAYOR DUITSMAN VOTED AGAINST THE MOTION. COUNCILMEMBER SCHEEL ABSTAINED. 5.4. Northbound liquor 1993 Annual Report e Liquor Store Manager Fritz Dolejs presented the Northbound Liquor 1993 Annual Report. Fritz Dolejs explained that total sales for 1993 increased by $2.468 over 1992. He indicated that liquor sales were down due to several factors including a decrease in consummation, cooler summer temperatures and increased price competition. He further stated that Northbound will continue to be profitable due to increased population, and an expansion of business trade. Discussion was held regarding the possibility of a second liquor store. Discussion was also held regarding the wages paid to the liquor store employees. Fritz Dolejs indicated he City Council minutes June 6, 1994 Page 4 e would like the Council to consider increasing the wages during the 1995 budget season. The Council thanked Fritz Dolejs for the presentation and commended him on his operation of the Liquor Store. 5.11 . Consider callino a special City Council meetinq for the week of July 4 COUNCllMEMBER FARBER MOVED TO CAll A SPECIAL MEETING OF THE CITY COUNCil FOR JULY 5, 1994, AT 6:00 P.M. COUNCllMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Open Mike No one appeared for this item. 7.1. Public Hearin9 to consider authorizinq street improvements to Concord Street City Engineer Terry Maurer indicated that the City has received a petition by the homeowners for the improvement of Concord Street. Concord Street is a private road with a sand and gravel base. The Engineer indicated that the residents are interested in having the road upgraded and taken over by the City. e Terry Maurer explained that in order to implement the improvement, the City needs a commitment from all of the property owners to grant street easements to the City. Terry Maurer reviewed the project project schedule, and cost. Mayor Duitsman opened the public hearing. Myrna Haaland of 20851 Concord Sf. NW had a question regarding whether the addition of another lot would affect the assessment cost. Terry Maurer indicated that it would decrease the overall assessment cost for each homeowner, but would not affect the total project costs. Tim Schaefer 20570 Concord Sf NW questioned the number of years the assessment would run. It was indicated that the assessment schedule would be set for repayment at 10 to 15 years. COUNCILMEMBER SCHEel MOVED TO ADOPT RESOLUTION 94-62 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE CONCORD STREET IMPROVEMENT OF 1994. COUNCllMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council indicated that no work on this project should take place until all the necessary easements have been obtained. Tim Schaefer indicated his concern that this improvement be done as soon as possible and that it not go into the 1995 construction season. The City Attorney indicated that if the City does not receive all of the easements, there would be a strong possibility that the improvement will not be completed in 1994. e City Council minutes June 6, 1994 Page 5 e 7.2. Public Hearina to consider authorizina street improvements to Peterson Addition and Greenhead Acres 2nd Addition Terry Maurer, City Engineer, indicated that Staff is proposing a bituminous overlay improvement for the Peterson Addition and the Greenhead Acres 2nd Addition. Terry Maurer explained that there is an exsiting assessment for those property owners in the Peterson. The assessment is for the original street construction and ran for 20 years. There are approximately 6 years remaining on the assessment. Mayor Duitsman opened the public hearing. Brad Stevens of 19426 Ogden St. NW questioned the timeframe for water and sewer in this area. Terry Maurer explained that there are not plans for city services to this area at this time. Roberta Beauchaine of 13812 196th Ave NW indicated that the residents in the area have been assessed for a road that was built improperly. The residents were told that the City would pay for the maintenance. Bill Beauchaine of 13812 196th Ave NW indicated that the City did not build the road correctly. He further stated that the road is in bad shape at this time and he does not feel that an overlay will correct the problems in the road. e Discussion was held regarding postponing the assessment for the Peterson Addition for five years, or until the original assessments are paid. Mark Bay of 20779 York Street suggested that if the overlay for Peterson Addition is delayed for five years, perhaps the overlay for Greenhead Acres 2nd Addition could also be delayed until the overlays in Greenhead 1 st and 3rd Additions take place. He also informed the Council that the improvement was not a petitioned improvement. Phil Hals, Street Superintendent, stated that at the end of five years the Peterson Addition could require a total reconstruction. He indicated that Greenhead Acres 1 st and 3rd Additions are scheduled for overlays in one year. Mayor Duitsman asked for a show of hands of those Peterson Addition residents who would rather delay the overlay until a later date. He indicated that a delay could cost the residents more money as the road may need to be totally rebuilt. A majority of the residents indicated they would rather see the improvement postponed. Lois Brown of 19224 Ogden indicated that an assessment for the road at this time would be a major burden for her. She indicated that she is still recovering financially from ditch problems that occurred in her area. Connie Fearing of 19387 Ogden St. NW indicated that she still owes $1,500 on the original assessment. She stated that she was informed that the city would take care of the road. e City Council minutes June 6, 1994 Page 6 e The City Engineer indicated that the City does maintain the road for normal maintenance, however overlays are paid for by the residents. Donna Bollock of 79336 Ogden indicated that the road was constructed improperly. She indicated she could not afford another assessment. Mark Bay, 20779 York St. NW indicated that he felt the people in his subdivision would also feel better if the project were delayed. Brian Bistodeau of 20806 York, indicated that the roads in Greenhead 2nd Addition are still in good shape. There being no further comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO DELAY THE PETERSON ADDITION OVERLAY PROJECT AT THIS TIME. COUNCILMEMBER FARBER SECONDED THE MOTION . THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO DELAY THE GREEN HEAD 2ND ADDITION OVERLAY PROJECT FOR ONE YEAR AT WHICH TIME OVERLAYS FOR GREENHEAD 1ST, 2ND AND 3RD ADDITIONS WILL BE DONE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Discussion reaardina trunk sewer and water reduction for Meadowvale Heiahts e City Engineer Terry Maurer indicated that an error has been made in an assessment for lateral watermain benefit in the Meadowvale Heights Development. Mr. Backes was assessed $46,150.00 for this improvement when in actuality Mr. Backes constructed this internal improvement himself. The City Engineer requested the Council to rebate the assessment for the lateral benefit. COUNCILMEMBER FARBER MOVED TO REBATE $46,150.00 WORTH OF ASSESSMENTS ON THE MEADOWVALE HEIGHTS DEVELOPMENT FOR THE TRUNK SEWER AND WATER PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Update on sewer and water trunk assessments rates City Engineer Terry Maurer indicated that he has already met and will be meeting again with Rick Foster regarding the $3,800 sewer and water trunk assessment rates and that a recommendation for some type of amendment in this policy is anticipated. 7.5. Consider resolution to accept feasibility and order public hearing for western area phase II improvement Consider resolution to order preparation of plans and specifications for western area phase II improvement 7.6. e City Engineer Terry Maurer reviewed the proposed improvements included in the Feasibility Study for the Western Area. Terry Maurer explained that the improvements include the extension of trunk sanitary sewer and watermain from its current location at the west edge of the City Hall property for approximately City Council minutes June 6, 1994 . Page 7 e three-quarters of a mile to serve the County Administration Building. The improvements also include the extension of trunk storm sewer along the same alignment. The feasibility includes the proposed extension of storm drainage, lateral utilities, and new urban street construction within the Sandpiper Estates Subdivision. Mayor Duitsman indicated the Council would be interested in receiving input from the residents in Sandpiper Estates regarding this project. Mayor Duitsman questioned whether it would be in the City's best interest to extend the parkway from City Hall to Joplin. He indicated his concern regarding the cost of a parkway and the number of trees that would have to be removed to build a parkway versus a road. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-63, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE WESTERN AREA 2ND PHASE TRUNK SANITARY SEWER, WATER, STORM WATER, AND STREET, IMPROVEMENTS OF 1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBERFARBER MOVED TO ADOPT RESOLUTION 94-64, A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE WESTERN AREA 2ND PHASE TRUNK SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENT OF 1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5"0. e 7.7. Update on storm water manaoement impact fee City Engineer Terry Maurer indicated that the City has sent letters to seven developers in the City requesting input on a potential stormwater impact fee. He indicated that the letter was sent in early May and that he has received no comment from any of the developers. Mr. Maurer indicated that he assumes no response to the letter to be a sign that the developers are not opposed to the proposed impact fee. Terry Maurer explained that the proposed storm water impact fee would be charged to all developing properties at rates estimated to be $600 per acre for nonresidential property; $100 per lot for urban residential developments and $50 per lot for rural residential developments. Councilmember Farber indicated that he is opposed to the fee as he feels the developers in Elk River are charged too many fees. Council member Scheel indicated her concern regarding the homeowners paying their fair share of the fee. Councilmember Holmgren indicated his support of the fee as the City currently has drainage problems which must be addressed. e Mayor Duitsman indicated his support of the fee as the developers are paying their fair share with this fee system. City Council minutes June 6, 1994 Page 8 e Councilmember Dietz indicated that the fee is necessary to correct the drainage problems in the City. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE STAFF TO PROCEED WITH THE DEVELOPMENT OF A POLICY WHICH WOULD IMPLEMENT THE STORM WATER IMPACT FEE AND WHICH WILL WORK IN CONJUNCTION WITH THE SURFACE WATER MANAGEMENT MONTHLY FEE. COUNCILMEMBER Dim SECONDED THE MOTION. THE MOTION CARRIED 4.1. COUNCILMEMBER SCHEEL OPPOSED. The policy is to be presented to the Council at a later date in conjunction with the monthly fee proposal. 7.8. Consider resolution awardino bid on the storm sewer proiect for County Road 12113 City Engineer Terry Maurer indicated that the City received eight bids for the County road 12/13 drainage improvements. He recommended awarding the bid to the lowest bidder; Dave Perkins Contracting, Inc. at $339.590.00. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94.65, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE COUNTY ROAD 12/13 DRAINAGE IMPROVEMENT OF 1994. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. Consider moratorium on subdivisions for property outside the City sewer and water district, Public Hearino - #OA 94-2 e City Planner Steve Ach requested the Council to consider establishing a twelve month moratorium on subdivisions of land outside the city's current urban service area. He explained that during the process of updating the comprehensive plan, the possibility of extending sewer and water to the eastern area of the city will be studied. He stated that with the uncertainty of the exact area that will be served by the utilities, it is important to preserve a potential service area by prohibiting further subdivisions of land into parcels less than ten acres in size. Mr. Ach stated that the purpose of the moratorium is to preserve the planning process. Council member Scheel indicated that it is unfair to the people that will be affected by this moratorium. She indicated that she does not see an advantage to the City or the residents. She indicated that it will be unprofitable for anyone wishing to subdivide their property during the moratorium. City Attorney Peter Beck indicated that the moratorium is planned for one year and further indicated that the Council can amend it at anytime. He further indicated that the purpose of the moratorium is to protect the opportunity to extend utilities to the east. e Mayor Duitsman indicated his concern regarding the moratorium affecting the possible commercial and industrial businesses that may require a subdivision of less than ten acres. Steve Ach indicated that the moratorium would affect commercial and industrial property, however, amendments can be made to accommodate any situation. City Council minutes June 6, 1994 Page 9 e Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCllMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 94-7, AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE APPROVAL OF CERTAIN SUBDIVISIONS WITHIN CERTAIN AREAS OF THE CITY OF elK RIVER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. 8.2. Consider an Administrative Subdivision request. Hals Addition, public hearina - AS 94-02 City Planner Steve Ach indicated that an administrative subdivision has been requested by the City of Elk River, Russell Martie, and Thomas Weiss. The request requires the subdivision of 2.3 acres into one industrial lot and three outlots. He further indicated that the 2.3 acres is currently owned by Burlington Northern Railroad. Mayor Duitsman opened the public hearing. There being no one for or against the matter Mayor Duitsman closed the public hearing. COUNCllMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION OF 2.3 ACRES INTO ONE INDUSTRIAL LOT AND THREE OUTlOTS WITH THE FOLLOWING CONDITIONS: e 1. FINAL PLAT BE PREPARED IN ACCORDANCE WITH THE PRELIMINARY PLAT AND SUBMITTED TO THE CITY COUNCIL FOR APPROVAL PRIOR TO RECORDING WITH SHERBURNE COUNTY. 2. THE OUTDOOR STORAGE ALONG RAILROAD DRIVE FOR RIVERVALLEY LUMBER BE LOCATED ON OUTlOT A AND BE SCREENED FROM VIEW FROM HIGHWAY 10. 3. THE STORAGE SHED ON OUTlOT A EITHER BE REMOVED FROM THE SITE OR PLACED TOTALLY WITHIN THE BOUNDARIES OF OUTlOT A. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Other Business There was no other business. 11. Staff Update 11.1. MNDOTTour The City Administrator informed the Council of the MNDOT tour on June 7, 1994. 11 .2. Fire Department Meetina e The City Administrator informed the Council of a meeting which took place by the fire department to discuss the hiring a fire chief. He City Council minutes June 6. 1994 Page 10 e indicated that the Fire Deportment voted to hire a full-time fire chief. He' further indicated that the Fire Department strongly desired that the Chief be appointed from within the department. The Council indicated its desire to advertise for the position. The City Administrator suggested using an outside consultant to assist in the hiring process. It was the consensus of the Council to advertise for the position and to not use a consultant. The Council also indicated its desire to review the fire chief job description prior to placing the ad for employment. 11.3. Soecial Meetino for June 13 The City Administrator suggested the possibility of a special meeting for June 13 to meet with Representative Klinzing. It was the consensus to have a special meeting if necessary and that the Council discuss the fire chief job description at this time. 5.6. Review county letter for city comment on library services The Council reviewed the letter from the County which discussed the funding formula for the GRRL system. It was the consensus of the City Council that the 1/3. 1/3. 1/3 method was more fair than a taxing district. 12. Motion to call executive session e COUNCILMEMBER HOLMGREN MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS PENDING LITIGATION OF HOULTON ASSESSMENTS AND HOHLEN PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 9:12 p.m. 13. Executive Session of the City Council held at this time. The Council reconvened at 9:35 p.m. following the executive session. 14. Adiournment There being no further business. COUNCILMEMBER SCHEEL MOVED TO ADJOURN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:36 p.m. ~;~ Sandra Thackeray City Clerk e