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03-01-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MARCH 1, 1993 Members Present: Mayor Duitsman, Councilmembers Scheel, Farber, Dietz and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Bill Rubin, Economic Development Coordinator; Peter Beck, City Attorney; Terry Maurer, City Engineer; Stephen Rohlf, Building and Zoning Administrator; Lori Johnson, Finance Director 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 7:05 p.m. by Mayor Duitsman. 2. Consider 3/1/93 City Council Agenda The following was added to the agenda: 10.1. Council Update COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 3/1/93 CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 2/15/93 City Council Minutes COUNCILMEMBER FARBER MOVED TO APPROVE THE 2/15/93 CITY COUNCIL MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Holmgren abstained due to his absence at the meeting. 3.2. Consider 2/17/93 Joint City Council/Utilities Commission Minutes Councilmember Holmgren noted that the minutes should state he arrived at 6:15 p.m. APPROVE THE 2/17/93 MINUTES AS AMENDED. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO COUNCIL/UTILITIES COMMISSION HOLMGREN SECONDED THE MOTION. JOINT CITY COUNCILMEMBER 4. Open Mike Lori Johnson, Finance Director, informed the Council that the City's previous Bond Counsel Consultant with Larkin, Hoffman, has left the firm. She indicated that she has interviewed several other bond . . . Elk River City Council Minutes March 1, 1993 Page 2 consultants and is requesting Council approval to hire Briggs and Morgan as the City's new Bond Counsel. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE HIRING OF BRIGGS AND MORGAN AS THE CITY'S BOND COUNSEL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Consider special Meeting for Heritage Landing Final Plat Steve Rohlf, Building and Zoning Administrator, requested the Council to consider holding a special meeting to review the final plat and feasibility study of Heritage Landing. Discussion was held by the Council pertaining to assessments for this project. Terry Maurer, City Engineer, stated that based on past practice, there could be no assessment for sewer and water to surrounding existing homes unless a resident requested to hook up to the utilities. However, it has been City policy to assess street and storm drainage improvements to existing property. The Council stated its concern of informing the residents in the area of the proposed improvements in a timely manner. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON WEDNESDAY, MARCH 3, 1993, AT 5:30 P.M. TO REVIEW THE HERITAGE LANDING FINAL PLAT AND FEASIBILITY STUDY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Consider Certificate of Correction to Hidden Creek Country Estates Steve Rohlf, Building and Zoning Administrator, requested the City Council to consider a certificate of Correction to the plat of Hidden Creek Country Estates. He indicated that the correction was a minor correction involving distance of a lot line. COUNCILMEMBER HOLMGREN MOVED TO HIDDEN CREEK COUNTRY ESTATES. MOTION. THE MOTION CARRIED 5-0. TO APPROVE THE CERTIFICATE OF CORRECTION COUNCILMEMBER SCHEEL SECONDED THE 5.3. Final Plat for CherryHill Bluffs/Richard Foster Steve Rohlf stated that Richard Foster is requesting final plat approval for CherryHill Bluffs which is a ten single family plat. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-5, GRANTING FINAL PLAT APPROVAL FOR CHERRYHILL BLUFFS. FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. A RESOLUTION COUNCILMEMBER 5.4. Easement Vacation Request/Richard Foster/Public Hearing Steve Rohlf explained that Richard Foster is requesting an easement vacation of a portion of 193rd Avenue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. . . . Elk River City Council Minutes March 1, 1993 Page 3 Richard Foster requested that the City waive the easement vacation fee of $150 because the City requested 193rd Avenue to be realigned which resulted in the need for the easement vacation. The Council agreed with this request. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-6, A RESOLUTION FOR VACATING A ROAD EASEMENT WITH THE FOLLOWING STIPULATIONS: 1. THE PLAT OF CHERRYHILL BLUFFS IS RECORDED PRIOR TO THE EASEMENT VACATION BEING RECORDED. 2. OTHER REQUIRED EASEMENTS ARE OBTAINED FOR 193RD AVENUE PRIOR TO THE VACATION BEING RECORDED AND THAT THESE EASEMENTS ARE 50 FEET IN WIDTH FROM THE CENTER LINE. 3. THE CITY ATTORNEY REVIEW THE LEGAL DESCRIPTIONS AND TITLE WORK. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Transient Merchant Application The City Clerk indicated that Robert Madland has made application for a transient merchant license to sell flowers on Easter and Mother's Day weekends and occasionally on other weekends during the year. COUNCILMEMBER DIETZ MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE FOR ROBERT MADLAND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Final Pay Estimate Westwood Area COUNCILMEMBER DIETZ MOVED CONSTRUCTION FOR THE WESTWOOD $76,179.50. COUNCILMEMBER CARRIED 5-0. TO APPROVE FINAL PAY ESTIMATE TO NORTHDALE IMPROVEMENT PROJECT IN THE AMOUNT OF FARBER SECONDED THE MOTION. THE MOTION 6.3. Final Pay Estimate Elementary School Improvement COUNCILMEMBER SCHEEL MOVED TO APPROVE THE FINAL PAY ESTIMATE TO S.J. LOUIS, INC., IN THE AMOUNT OF $56,262.87 FOR IMPROVEMENTS ON THE ELEMENTARY SCHOOL IMPROVEMENT PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. TIF Grant Request From Perf-form Products Bill RUbin, Economic Development Coordinator, stated that Perf-form Products had previously requested TIF assistance from the City Council, however, they were unable to secure a purchase agreement on the site and, therefore, have evaluated other sites. Bill Rubin explained that Perf-form has now identified a site in the McChesney Industrial Park and is prepared to move forward with their expansion project based on the ability to obtain a TIF grant. Bill Rubin explained that as previously requested by Perf-form, the TIF funds from Districts No. 1 and No. 3 would be used to assist the company with eligible . . . Elk River City Council Minutes March 1, 1993 Page 4 expenditures. He indicated that Perf-form has identified costs which are eligible for this assistance as on extensions, site preparation and land acquisition. the specific site utility Mayor Duitsman stated that he does funds for other projects until completed and he has an idea of how proposed capital improvements. not feel comfortable authorizing the Capital Improvement Program is much money is needed to finance the COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE USE OF TIF FUNDS FROM DISTRICTS NO. 1 AND NO. 3 TO FUND THE ELIGIBLE COSTS REQUESTED BY PERF-FORM, INC., SUBJECT TO THE FOLLOWING: THE FILING OF A TIF APPLICATION PAYMENT OF A TIF APPLICATION FEE EXECUTION OF A DEVELOPMENT AGREEMENT TIF PAYMENTS MADE ONLY AFTER A CERTIFICATE OF OCCUPANCY IS ISSUED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Mayor Duitsman abstained. 6.5. Consider Storm Water Master Plan Policy Recommendations Terry Maurer, City Engineer, reviewed the draft copy of the Storm Water Master Plan Policy recommendations. Terry Maurer suggested that the City Council review the policy recommendations at a future Council work session. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE CITY ENGINEER TO PROCEED WITH THE SECOND PHASE OF THE STORM WATER MASTER PLAN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Discuss City Employee Code of Ethics Peter Beck, City Attorney, informed the Council that he is still reviewing the conflict of interest policy from the County and will have a final recommendation to the City Council at a later date. 6.7. Presentation of City Attorney Services Peter Beck, City Attorney, gave the Council a presentation regarding some background on himself and on the Larkin, Hoffman, Daly, Lindgren firm concerning the delivery of legal services to the City of Elk River. 6.8. Consider Advertisement for Zoning Assistant Position The City Administrator stated that as Janelle Schmitz, Zoning Assistant, previously resigned and accepted a position with another City, the Council may want to consider reviewing the reorganization concept in the Building and Zoning Department which was discussed at the 9/24/90 City Council meeting. Councilmember Holmgren indicated that the 9/24/90 City Council meeting discussion revolved around what the City government would look like in the year 2000. He indicated he spoke to two of the former Councilmembers who were involved in the . . . Elk River City Council Minutes March 1, 1993 Page 5 discussion and it was the consensus that this was a good time to review the reorganization concept. Councilmember Holmgren stated that he supports the need for a City Planner. He indicated that Planning Commission members also felt this was a good time for a City Planner. Mayor Duitsman stated that he did not feel the City should be looking at any type of super department head or director position like a Community Development Director at this time. The City Administrator questioned who the Council would prefer that the Planner report to, himself or the Building and Zoning Administrator. Steve Rohlf, Building and Zoning Administrator, stated that he sees the reorganization and hiring of a planner as a demotion for himself. He indicated that as long as he has been Building and Zoning Administrator major accomplishments have taken place in the department. After further discussion, Mayor Duitsman suggested that the Council postpone a decision on this matter until the City Administrator can present the Council with more information on a planning position. 7.1. Street/Park Annual Report Due to the lateness of the meeting, the Council decided not to hear the street/Park Annual Report. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL ON MONDAY, MARCH 8, 1993, AT 5:45 P.M. TO HEAR THE STREET/PARK ANNUAL REPORT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Staff Updates There were no staff updates. 10. Other Business Councilmember Farber indicated he had received many complaints regarding the noise in the mall from the aerobics studio. Councilmember Holmgren indicated that the County Assessor would be present at the April 26, Council meeting to discuss the Board of Review procedures. . . . Elk River City Council Minutes March I, 1993 Page 6 Councilmember Dietz updated the Council on his discussions with the Sherburne County Deputy Registrar and the possibility of their moving to the new City facility. 11. Adjournment There being no further ADJOURN THE MEETING. MOTION CARRIED 5-0. business, COUNCILMEMBER HOLMGREN MOVED COUNCILMEMBER DIETZ SECONDED THE MOTION. The meeting of the Elk River City Council adjourned at 10:10 p.m. Respectfully submitted, bk~ City Clerk TO THE