03-01-1993 CC MIN
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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
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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.
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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
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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
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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.
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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,
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City Clerk
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