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01-04-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, JANUARY 4, 1993 MEMBERS PRESENT: Mayor Duitsman, Councilmembers Dietz, Holmgren, Scheel, and Farber MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers, City Administrator; Sandy Thackeray, City Clerk; Janelle Schmitz, Zoning Assistant; Terry Maurer, City Engineer 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Oath of Office Mayor Tralle wished the new members of the City Council the best in the coming years and requested the City Clerk to issue the Oath of Office to the new members of the Council. The City Clerk issued the Oath of Office of Mayor to Hank Duitsman, and Councilmember to Larry Farber and Cecilia Scheel. Mayor Tralle then turned the gavel over to Mayor Duitsman. 3. Consider 1/4/93 City Council Agenda COUNCILMEMBER HOLMGREN AGENDA. COUNCILMEMBER 5-0. MOVED TO APPROVE THE 1/4/93 CITY COUNCIL DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4.1. Consider 12/21/92 City Council Minutes COUNCILMEMBER DIETZ MOVED MINUTES. COUNCI LMEMBER CARRIED 5-0. 12/21/92 CITY THE MOTION. TO APPROVE THE HOLMGREN SECONDED COUNCIL THE MOTION 4.2. Consider 12/21/92 Executive Session City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 12/21/92 EXECUTIVE SESSION CITY COUNCIL MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Consider 12/28/92 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE MINUTES. COUNCILMEMBER HOLMGREN SECONDED CARRIED 5-0. 12/28/92 CITY THE MOTION. COUNCIL THE MOTION . . . City Council Minutes January 4, 1993 Page 2 5. Open Mike 5.1. Chamber of Commerce Presentation 1/19 state of City Address Jackie Schuelein, Executive Vice President of the Elk River Chamber of Commerce, invited the City Council to attend the January 19 State of the City Address. 6.1. Designation of Official Depositories COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-01, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS FOR 1993. COUNCILMEMBER DIETZ SECONDED THE MOTION CARRIED 5-0. 6.2. Designation of Official Newspaper COUNCILMEMBER SCHEEL MOVED TO DESIGNATE THE ELK RIVER STAR NEWS AS THE OFFICIAL NEWSPAPER FOR THE CITY OF ELK RIVER IN 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Appointment of Vice Mayor COUNCILMEMBER SCHEEL MOVED TO APPOINT COUNCILMEMBER DIETZ AS VICE MAYOR FOR 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Conditional Use Permit/Aerobic Studio in Elk River Mall/Public Hearing Janelle Schmitz, Zoning Assistant, indicated that Larry Leitschuh of 9110 83rd Avenue N, Brooklyn Park, Minnesota is requesting a conditional use permit to operate an aerobic facility in the Elk River Mall. Janelle Schmitz stated that the Planning Commission recommended approval of the conditional use permit subject to the stipulation that the area in which the aerobic facility will be operated is sound proofed. Jack Sheedy, representing the applicant, was present at the meeting and indicated that the area would be sound proofed. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY LARRY LEITSCHUH TO OPERATE AN AEROBIC FACILITY IN THE ELK RIVER MALL, LOT 4, BLOCK 2, ELK RIVER PLAZA WITH THE CONDITION THAT THE SPACE BE SOUND PROOFED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Update on Farmer's Market Janelle Schmitz updated the Council on recent developments regarding the Farmer's Market. She indicated that two sites have been tentatively chosen for the Farmer's Market. The sites include the downtown parking lot behind Johnson's Department Store and the Cenex location on Highway 10 and Hudson Street. Janelle Schmitz stated that the downtown site is zoned C-1 which does not allow produce markets. . . . City Council Minutes January 4, 1993 Page 3 She indicated that the Elk River Downtown Development Corporation and the Planning Commission have reviewed the proposed downtown location and feel that this type of use can be accommodated through an ordinance amendment. She indicated that staff recommends that this use be considered a conditional use so issues such as parking and signage can be addressed. Bill and Kathy Kennedy were present and indicated proposing that the Farmer's Market be in operation from October 31. that May they are 1 though Councilmember Scheel questioned whether crafts and other types of sales will be allowed through the ordinance amendment. Staff indicated that the ordinance has not yet been drafted but that this will be considered. It was the consensus of the Council to authorize staff to move forward on drafting an ordinance amendment to allow farmers or produce markets as a conditional use in a C-1 zone. 8.1. Annual License Renewals Kennel License The City Clerk indicated that applications of renewal for three kennel licenses have been received. She stated that the Community Service Officer has inspected all of the kennels and found two of them to be in compliance with the conditional use permits. She indicated that Grace Ostien is not completely in compliance with the requirements for her conditional use permit. Janelle Schmitz, Zoning Assistant, explained that Grace Ostien had received approval of a conditional use permit in 1987 and had received Council approval for several modifications to the original conditional use permit in 1991. Janelle Schmitz explained that the conditional use permit requires Grace Ostien to include 17 kennel runs and indicated that as of this date, there are no runs completed. Grace Ostien explained that she has fulfilled all other stipulations of her conditional use permit and indicated that she is intending to complete the kennel runs in 1993. COUNCILMEMBER HOLMGREN MOVED TO GRANT A TWO YEAR EXTENSION AS OF JANUARY 1, 1993, TO GRACE OSTIEN TO COMPLETE THE CONDITIONS OF HER CONDITIONAL USE PERMIT RELATING TO THE OSTIEN KENNEL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO RENEW KENNEL LICENSES FOR JOE MAGNEY AND JOE SPENGLER AND STOFFEL REITSMA. HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. GRACE OSTIEN, COUNCILMEMBER Bowling Alley COUNCILMEMBER HOLMGREN MOVED TO RENEW THE BOWLING ALLEY LICENSE FOR ELK RIVER BOWL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Cigarette License . . . City Council Minutes January 4, 1993 Page 4 The City Clerk requested approval of the cigarette license renewals for all applicants listed in the memo dated December 28, 1992. Councilmember Scheel suggested that the $15.00 license fee for cigarettes was inconsistent as a large retail business pays the same fee as a smaller retail business for the license. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CIGARETTE LICENSES IN THE MEMO FROM THE CITY CLERK TO THE MAYOR AND CITY COUNCIL DATED DECEMBER 28, 1992. COUNC!LMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mechanical Amusement Device License The City Clerk indicated that all mechanical amusement device licenses listed in her memo dated December 28 to the Mayor and City Council are for renewal except for the Player's Club Billiard which is a new license. She explained that the Player'S Club Billiard has been purchased from David Ratagczak. COUNCILMEMBER DIETZ MOVED TO APPROVE THE MECHANICAL AMUSEMENT DEVICE LICENSES LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL FROM THE CITY CLERK DATED DECEMBER 28, 1992. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Holmgren abstained as one of the applicants was a relative. 8.2. Consider Appointment of City Council Representative to Garbage Appeal Board COUNCILMEMBER DIETZ MOVED TO NOMINATE COUNCILMEMBER LARRY FARBER AS THE GARBAGE APPEAL BOARD MEMBER FOR 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.3. Assistant Weed Inspector MAYOR DUITSMAN MOVED TO APPOINT PHIL HALS AS THE CITY ASSISTANT WEED INSPECTOR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.4. HRA Reappointment MAYOR DUITSMAN MOVED TO APPOINT DICK HINKLE TO THE HRA FOR A FIVE YEAR TERM. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.5. Vacancies to City Boards and Commissions Health Care Delivery Commission COUNCILMEMBER SCHEEL MOVED TO REAPPOINT DR. DAVID GOLDSTEIN, MARK STUTELBERG AND DR. LEE ROCK TO THE HEALTH CARE DELIVERY COMMISSION FOR A THREE YEAR TERM TO EXPIRE ON 12/31/95. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Park and Recreation Commission . . . City Council Minutes January 4, 1993 Page 5 COUNCILMEMBER HOLMGREN MOVED TO REAPPOINT CLETE LIPETZKY AND DANA ANDERSON TO THE PARK AND RECREATION COMMISSION FOR A THREE YEAR TERM THAT WOULD EXPIRE ON 12/31/95. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Library Board The City Administrator explained that Marsha O'Brien has requested reappointment to the Library Board. He also indicated that there is a opening on the Board as Daryl Bronniche has submitted his resignation. The City Administrator indicated that the City has received one application for the Library Board. The Council discussed whether it would be appropriate to have Council representation on the Library Board. COUNCILMEMBER SCHEEL MOVED TO APPOINT BILL POLLARD TO THE LIBRARY BOARD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Dietz indicated that he felt a Councilmember should be on the Board at this time due to the proposed building expansion project. THE MOTION FAILED 2-2-1. Mayor Duitsman abstained. COUNCILMEMBER DIETZ MOVED TO APPOINT A CITY COUNCILMEMBER TO THE LIBRARY BOARD. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPOINT COUNCILMEMBER JOHN DIETZ TO THE LIBRARY BOARD FOR A ONE YEAR TERM TO EXPIRE ON 12/31/93. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. This appointment is to serve out the term vacated by Daryl Bronniche. Planning Commission It was the consensus of the City Council to interview those applicants that applied for the Planning Commission position on January 11, 1993. Utilities Commission Mayor Duitsman stated that Jim Tralle's term on the Utilities Commission expired 12/31/92. He stated that his first choice to fill that position would be Don Kettner as he feels Mr. Kettner is highly qualified due to his experience at United Power. He stated his second choice to fill the position would be Jim Tralle. Mayor Duitsman stated he did not feel it was necessary to have a Council representative on the Commission. He indicated that the Council could keep informed of Utility Commission happenings through minutes and through joint meetings with the Utilities. Councilmember Holmgren stated that because the Utilities is under the regulation of the City Council, he felt it would be appropriate to have a Council representative on the Commission which would keep the lines . . . City Council Minutes January 4, 1993 Page 6 of communication open between the two bodies. Councilmember Dietz concurred with Councilmember Holmgren. Mayor Duitsman stated that he would like to discuss this issue at another Council meeting and make no decision at this meeting. COUNCILMEMBER HOLMGREN MOVED TO POSTPONE A DECISION ON THIS ISSUE UNTIL THE JANUARY 25, 1993, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.6. Discuss Main Street Bridge Plaque Terry Maurer, City Engineer, stated that one of the plaques on the Main Street bridge is missing. He question whether the Council would consider purchasing another plaque. Councilmember Scheel suggested that a plaque could be built for under $500 and that a local organization may contribute the funds for the plaque. The Council suggested and Councilmember Scheel agreed to obtain information on a bridge plaque. 8.7. Review City Council Meeting Schedule The City Administrator reviewed the Council meeting schedule for the next several months with the City Council. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL TO DISCUSS THE CAPITAL IMPROVEMENT PROGRAM ON JANUARY 18, 1993, AND FEBRUARY 15, 1993 AT 6:00 p.m. TO BE HELD AT THE ELK RIVER CITY HALL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL TO BE HELD JOINTLY WITH THE PLANNING COMMISSION ON FEBRUARY 20, 1993, AT 9:00 A.M. TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY AND FURTHER THAT FOLLOWING THE MEETING, A TOUR WILL BE TAKEN OF THE CITY HALL/POLICE STATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the City Council to postpone a joint meeting with the Library Board and City Council until Councilmember Dietz has met with the Library Board. It was the consensus of the City Council to authorize the City Administrator to try to arrange a joint meeting with the Park and Recreation Commission and the City Council on March 8 following the EDA meeting. COUNCILMEMBER DIETZ MOVED TO HOLD A JOINT MEETING WITH THE SHERBURNE COUNTY BOARD AND THE CITY COUNCIL IN MARCH DEPENDING ON THE COUNTY BOARD'S SCHEDULE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the City Council Administrator to request a joint meeting with the and City Council on March 1. to authorize Elk River the City Utilities . . . City Council Minutes January 4, 1993 Page 7 9. City Engineer Presentation of Services Terry Maurer, City Engineer, gave a presentation of City Engineer services from Maier Stewart and Associates. 10. Check Register COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER 11. Other Business There was no other business. 12. staff Updates The City Administrator informed the Council that at the request of the Citizens Who Care, the meeting on January 7 with the mall developers regarding Elk Park West Development has been cancelled. Chief Thomas Zerwas informed the Council that the Lighting Committee will be meeting to discuss locations for street lights in 1993. He encouraged Councilmembers to contact him prior to the meeting with any recommendations for street light locations that they wish to be considered. The Police Chief invited the City Council to attend a Police Department meeting on January 14 so that the Councilmembers could become acquainted with the Police Department employees. 13. Adjournment There being no further business, COUNCILMEMBER ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED MOTION CARRIED 5-0. HOLMGREN MOVED THE MOTION. TO THE The meeting of the Elk River City Council was adjourned at 9:15 p.m. Respectfully submitted, ~jruJL!lA- ::JtVLf fZ.e,utj. fa.), . / \1 "-'-:-l.;"-!J Sandra Thackeray City Clerk