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06-07-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 7, 1993 Members Present: Mayor Duitsman, Councilmembers Holmgren, Scheel, Dietz, and Farber (arrived at 6:03 p.m.) Members Absent: None staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Russ Anderson, Fire Chief; Tom Zerwas, Police Chief; Brad Rolfe, Patrol Sergeant; Tom Tyler, Investigative Sergeant 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 6:00 p.m. by Mayor Duitsman. 2. Consider 6/7/93 City Council Agenda Items 6.8. and 6.9. were moved to Item 3.5. and Item 4.1. was moved to follow the Engineering items. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 6/7/93 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 5/25/93 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 5/25/93 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Farber arrived at this time. 3.5. (Item 6.8.)Ordinance Amendment Pertaining to Sauna and Massage Establishments Section 704 of the City Code The City Clerk stated that the City is proposing to amend Section 704, pertaining to Sauna and Massage Establishments. She stated that the City has received several requests for operation of therapeutic massage establishments. She indicated that the purpose of the newly proposed ordinance is to prohibit massage businesses and services to the public except those licensed as therapeutic massage enterprises and therapists. Councilmember Scheel stated that she was offended by parts of the ordinance as she felt the ordinance discriminated against the massage profession. Councilmember Scheel introduced Sister Rosalind Gefre and Jacqueline Schaper who both operate a professional massage center and a school of professional massage. Sister Rosalind indicated that it was important that the City's ordinance distinguish between adult massage and therapeutic massage as adult massage is the same as prostitution. . . . 5.1. 5.2. City Council Minutes June 7, 1993 Page 2 She further indicated that the massage profession is becoming very prominent and suggested that massage therapists have a minimum of 500 hours of successfully completed course work in the massage field. Jacqueline Shaper stated that the City is heading in the right direction by amending its current ordinance and suggested that a few changes be made to the proposed ordinance. The City Clerk informed the Council that she would be meeting with Jacqueline Shaper and Sister Rosalind Gefre to discuss these changes. COUNCILMEMBER SCHEEL MOVED TO CONTINUE THIS ISSUE UNTIL A LATER DATE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. (Item 6.9.)Reso1ution Approving Notice of Publication of Summary of Massage Ordinance No action was taken on this item due to the continuance of the massage ordinance. Resolution Approving Advertisement for Bids in Addition Improvement Plans the and Specifications and Ordering Matter of the CherryHill Bluffs the 2nd Terry Maurer, City Engineer, reviewed this issue. He stated that the feasibility study anticipated a possible sewer alignment to the south of the MnDOT property along T.H. 169. He indicated that MnDOT has confirmed their willingness to release the small portion of land they own for access onto T.H. 169, however, this will take some time. Because of the time involved, the final plat should exclude the lots affected by the MnDOT property. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-27, APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE FOR BIDS IN THE MATTER OF THE CHERRYHILL BLUFFS IMPROVEMENT OF 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION CARRIED 5-0. A RESOLUTION ADVERTISEMENT 2ND ADDITION MOTION. THE Resolution Approving Plans and Specifications and Advertisement for Bids in the Matter of the Mississippi Improvement ordering the Oaks Phase I COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-28, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE MISSISSIPPI OAKS PHASE I IMPROVEMENT OF 1993. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Review 6/15/93 East Highway 10 Presentation Terry Maurer distributed a preliminary project history information sheet regarding the East Highway 10 Informational hearing which is scheduled for June 15. Terry Maurer reviewed this information with the Council and indicated that the data being presented tonight is similar to the presentation which he will be making to the public on June 15 regarding the extension of utilities along East T.H. 10. . . . City council Minutes June 7, 1993 Page 3 -------------------- 5.4. School street/Jackson Avenue Update Terry Maurer stated that work has begun on the preparation of plans and specifications for the geometric and signalization improvements at the intersection of School street and Jackson Avenue. Terry Maurer stated that the School District has indicated their opposition to a four lane road. He explained that a three lane road and a four lane road would be similar in width and the only difference would be in the number of lanes in the road. Terry Maurer suggested that the Council continue with the project and make a decision on signalization and striping at a later date. Discussion was held regarding the number of students parking in the Lion's Park parking lot. Councilmember Holmgren stated his concern regarding safety with the number of students that cross the street to access the Lion's Park parking lot. Mayor Duitsman suggested that the City Administrator inform the School District that student parking in Lion's Park should be eliminated. The Council discussed the sidewalk issue. Terry Maurer questioned whether sidewalks should be included on both sides of School Street. It was the consensus of the Council to put in as much sidewalk as possible. It was the consensus of the Council to move ahead with the School street/Jackson Avenue intersection project and that the preference of the Council would be a four lane road. 4. Open Mike Denny Gorman of Highland Avenue stated he was a part of the Concerned Citizens group regarding the Elk Park Center project and questioned how much the change in the roads from the School street/Jackson Avenue project would affect the Elk Park Center project. Councilmember Farber informed Mr. Gorman that the City is addressing current problems by redesigning the Jackson and School street roads and that this project is not directly related to the Elk Park development proposal. 4.1. Elk River Proclamation for Miss Elk River Week COUNCILMEMBER FARBER MOVED TO PROCLAIM JUNE 13-19, 1993, AS MISS ELK RIVER WEEK. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-00 5.5. Update on WWTP Expansion Project Terry Maurer stated that a feasibility study of the Elk River Wastewater Treatment Plant expansion has been completed and that a report will be presented to the Council at a later date. Terry Maurer informed the Council that an inspection of the digester was completed and it was found that the digester was still in good condition. He indicated that to prolong the service life of the . . . City Council Minutes June 7, 1993 Page 4 existing digester, he recommended that some repairs be made. indicated that the total cost for the repair would be $12,600. He COUNCILMEMBER SCHEEL REPAIR THE DIGESTER. MOTION CARRIED 5-0. MOVED TO AUTHORIZE THE EXPENDITURE OF $12,600 TO COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE Terry Maurer reviewed the draft letter to the Otsego Mayor and City Council regarding the concept of joint sewage treatment between Otsego and Elk River. Terry Maurer stated that the total construction costs for Otsego would be about $1.5 million without taking into account the collection system and lift stations for sewage conveyance. COUNCI LMEMBER FARBER MOVED TO SEND THE DRAFT LETTER TO THE OTSEGO CITY COUNCIL REGARDING THE JOINT SEWAGE TREATMENT BETWEEN OTSEGO AND ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Other Business Terry Maurer updated the Council on the 4th and Holt project and the Main Street and Highway 169 project. 6.1. Consider a Request for an Easement Vacation for a Portion of UPA Drive by the City of Elk River/P.H. (Case No. EV-93-02) 6.2. Consider a Request for an Administrative Subdivision, Preliminary and Final Plat Review of "creamery Addition" by the City of Elk River/P.H. (Case No. P-93-10) steve Rohlf stated that a portion of UPA Drive is being proposed to be vacated as public right-of-way. The road currently serves as access to the City's filtration building and the UPA complex. Steve Rohlf indicated that staff is recommending approval of the vacation of that portion of UPA Drive contingent upon the City receiving appropriate drainage and utility easements and an easement for accessing the filtration building. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-29, A RESOLUTION FOR VACATING THE PUBLIC ROAD RIGHT-OF-WAY CONTINGENT UPON APPROPRIATE DRAINAGE AND UTILITY EASEMENTS AND AN EASEMENT FOR ACCESSING THE CITY OF ELK RIVER FILTRATION BUILDING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Rohlf indicated that the City of Elk River owns Lots 1, 2, 3, 4, and 5, Block 8, of the Village of Elk River. The City is proposing to subdivide this into two lots and to sell one of the lots which would contain parts of Lots 2, 3, 4, and 5, to UPA, subject to obtaining easements. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT OF THE "CREAMERY ADDITION" WITH THE PARK DEDICATION FEE BEING WAIVED. PROVIDED THAT CITY EASEMENTS ARE OBTAINED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . City Council Minutes June 7, 1993 Page 5 COUNCILMEMBER HOLMGREN MOVED THAT REVIEWED BY THE PLANNING COMMISSION AS COMPREHENSIVE PLAN. COUNCILMEMBER MOTION CARRIED 5-0. THIS PLAT DOES NOT NEED TO BE IT DOES NOT AFFECT THE CITY'S FARBER SECONDED THE MOTION. THE 6.3. Fire Department Rescue Van Russ Anderson, Fire Chief, stated that the City received and opened bids for an International truck and all aluminum 15.6 foot modular body. He stated the city received five sealed bids on the unit with the low bidder being Cayel Craft in Rock Rapids, Iowa. He stated that the bid from Cayel Craft suggested additional cost changes which the Committee felt should be made. The change order amounts to $1,350. Councilmember Farber questioned how much down time the City would experience if the truck were out of service and needed repair as the manufacturer is located in Iowa. Russ indicated that there would be some down time. COUNCILMEMBER SCHEEL MOVED TO ACCEPT THE BID FOR THE FIRE DEPARTMENT RESCUE VAN FROM CAYEL CRAFT IN THE AMOUNT OF $125,584 WHICH INCLUDES THE CHANGE ORDER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Farber indicated his concern regarding the location of the low bidder and the time for repair of the van. He suggested the City consider going with General Safety, who was a Minnesota bidder as they were only $2,000 over the low bidder. He indicated that the City would save money in the long run if down time were experienced. The City Administrator suggested that if another company other than the low continued so that he could review the City Attorney. the Council decided to go bidder, he would need this bidding requirements with with item the THE MOTION CARRIED 4-1. Councilmember Farber opposed. Councilmember Farber raised two issues with the Fire Chief. One of the issues revolved around the bulk gas storage tanks located by Railroad Drive. The other issue pertained to a fire call which previously took place at the Elk River Mall. Councilmember Farber indicated that the fire call may have related to the burning taking place at Elk River County Market and requested staff to check into this matter. 6.4. Consider Application for Exemption from Lawful Gambling License st. Andrew's Parish 6.5. Consider Temporary Beer License for St. Andrew's Parish 6.6. Consider Temporary On-Sale Beer License for 4th of July Celebration 6.10. Call Special 6/21/93 City Council Meeting COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE FOLLOWING: . . . City Council Minutes June 7, 1993 Page 6 AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR THE CHURCH OF ST. ANDREW FOR AUGUST 15, 1993; A TEMPORARY 3.2 BEER LICENSE FOR THE CHURCH OF ST. ANDREW FOR AUGUST 15, 1993; A TEMPORARY 3.2 BEER LICENSE FOR THE CHAMBER OF COMMERCE FOR JULY 4 INCLUDING THE FEE BEING WAIVED; THAT A SPECIAL MEETING OF THE CITY COUNCIL BE CALLED FOR JUNE 21, AT 6:00 P.M. TO DISCUSS THE HIGHWAY 101 PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Pay Estimate #10 - City Hall/Police Facility COUNCILMEMBER DIETZ MOVED TO APPROVE PAY ESTIMATE #10 TO BOR-SON CONSTRUCTION IN THE AMOUNT OF $13,385.50 FOR WORK COMPLETED ON THE CITY HALL/POLICE FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:00 p.m. and reconvened 8:13 p.m. 7. 1992 Police Department Annual Report Tom Zerwas, Police Chief, presented the 1992 Police Department Annual Report. Sergeant Tom Tyler presented the Investigation Division of the Report and Sergeant Brad Rolfe presented the Patrol Division of the Report. It was noted that calls for service have increased 5% during the last year. Concerns raised by the Council included youth crime around the present Elk River Mall and the need for more officers due to the proposed Elk Park Center Mall. The Council also discussed overtime issues and police reserve issues. The Police Chief continued by reviewing the records division, community service division, and police inventory. The Police Chief concluded by reviewing the goals for 1993. The Council thanked the Chief and his staff for the Annual Report presentation. 9. Check Register COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER 8. Other Business/Staff Updates Pat Klaers, City Administrator, indicated that the low ~ote received for the sprinkler system was $14,700 and this amount was acceptable to the City Council. The City Administrator distributed Planning Commission packets with information pertaining to the upcoming 6/10/93 Elk Park Center public hearing. . . . City Council Minutes June 7, 1993 10. Adjournment There being no further business, COUNCILMEMBER ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED MOTION CARRIED 5-0. Page 7 HOLMGREN MOVED THE MOTION. The meeting of the Elk River City Council adjourned at 9:45 p.m. Respectfully submitted, ~~U\... ~lc:-c1-lj[CL.u - ^ J C:.:lqA) Sandra Thackeray City Clerk TO THE