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08-02-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 2, 1993 Members Present: Mayor Duitsman, Councilmembers Dietz, Farber, and Scheel Members Absent: Councilmember Holmgren Staff Present: Pat Klaers, City Administrator; Stephen Rohlf, Building and Zoning Administrator; Phil Hals, Street/Park Superintendent; Debbie Kleckner, Recording Secretary Also Present: Park and Recreation Commission 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 8/2/93 City Council Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE COUNCILMEMBER FARBER SECONDED THE MOTION. 8/2/93 CITY COUNCIL AGENDA. THE MOTION CARRIED 4-0. 3. Consider 7/26/93 City Council Minutes COUNCI LMEMBER FARBER MOVED TO APPROVE THE 7/26/93 CITY MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION 3~0-1. Councilmember Scheel abstained. COUNCIL CARRIED The Council requested the audio tapes of the July 26, 1993, City Council meeting to be retained; specifically, the comments of the audience regarding Item 4.1., "Fire Relief Retirement Fund Contribution Request". 4.1. Discussion with Park and Recreation Commission on Possible Changes to Park and Recreation Commission Ordinance Clair Olson, Park and Recreation Commissioner, stated that he did not feel any changes in the ordinance were necessary. Mr. Olson explained that according to the present ordinance, the City Council makes the final decision on appointments to the Commission and that it did not make any difference to him where a potential candidate lived, as long as he was qualified. Mayor Duitsman stated that he preferred that the ordinance not be changed. He felt that the City Council should not be restricted to appointing only Elk River residents, but should be able to select the most qualified applicant who will do the best job. Councilmember Scheel stated that she approximately 20 other cities regarding had spent two days contacting appointments of non-residents . . . Elk River city Council Meeting August 2, 1993 Page 2 to commissions and boards and found that none of them allowed such appointments. She further stated that she felt the Park and Recreation Commission did an excellent job and that she had no problems with the current Park and Recreation Commission, however, she felt that since the Commission had an influence on the spending of monies, it was not fair to the taxpayers in Elk River to have someone outside the City making recommendations for them. Councilmember Scheel also stated that she felt a resolution should be made to cover all appointments to boards and commissions with the City of Elk River, restricting non-residents from serving. Mike O'Brien, Park and Recreation Commissioner, gave a brief history of the changes that have taken place to bring the Commission to its present involvement in the area recreation program. Mr. O'Brien explained that the Park and Recreation Commission is also becoming involved in the review of plats for park land. He stated that the Commission has a difficult time attracting members and would not want to see restrictions placed on applicants regarding residency. He stated that he felt they have a good working system and he didn't want to jeopardize the progress the Commission is making. Councilmember felt it was further stated regarding how the recreation ordinance. Farber stated that when this discussion first came up, he something that definitely needed to be looked at. He that he now feels that the situation is unique, the various groups and communities came together to make program and that he was not in favor of changing the Councilmember Scheel stated that perhaps park and recreation would have to be split since parks involves the acquisition of property. She indicated that although park land is acquired through dedication fees, it was her opinion that decisions should be made by residents representing the City of Elk River. Councilmember Dietz stated that the current ordinance limits the appointment of two non-residents to the Park and Recreation Commission and he did not see a problem with that number on an eight-member Commission. Councilmember Oietz further stated that it was his recollection that Dana Anderson of Otsego was recruited to the Park Commission for lack of other applicants. Also, he stated that Dave Anderson does not technically live in the City of Elk River, but a price tag cannot be placed on the amount of money he has saved the City and the business that has been brought to Elk River through his efforts. Councilmember Dietz stated that he felt that if it was not for Dave's efforts, there would not be a softball complex with lights. He expressed his feeling that he was not in favor of changing the ordinance at this time and that the Commission is a transition period, with the recreation program shifting to the District #728 Area Recreation Program and the Commission's involvement in the review of plats for park land in new developments. He stated that although the Commission makes recommendations to the Council regarding how money is spent, the City Council makes the final decision. . . . Elk River city council Meeting August 2, 1993 Page 3 Mike O'Brien stated that the responsibility for the implementation of the recreation program lies with District #728 Community Education, but that the responsibility for seeing the programs are responsive to the needs of the citizens of Elk River lies with the City of Elk River Park and Recreation Commission. Mr. O'Brien further stated that the Recreation Coordinator will be reporting to them on where participants are coming from, what the needs are, what programs are making money, and which ones are not. He explained that if someone has a problem with the program and did not get satisfaction, the Commission would try to solve the problem. City Administrator Pat Klaers explained that Councilmember Holmgren is the City's representative on the 728 Area Recreation Board. The Council expressed their concern that attendance at the Park and Recreation Commission meetings be improved. COUNCILMEMBER DIETZ MOVED TO RESCIND CITY COUNCIL ACTION TO DIRECT STAFF TO DRAFT AN ORDINANCE AMENDMENT TO THE CITY'S PARK AND RECREATION COMMISSION ORDINANCE AND THAT NO CHANGES BE MADE AT THIS TIME. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Scheel opposed. Park and Recreation Commissioner Clete Lipetzky spoke in response to the attendance issue. He stated that he felt the members of the Commission try to attend as many meetings as they can, but sometimes have conflicts with other commitments, some of them being out of town. Mr. Lipetzky suggested that the City look at promoting volunteerism for service on the Park and Recreation Commission and also improving communication. He stated that he felt the Commission makes a positive contribution to the City of Elk River and that they do the best they can to serve despite busy schedules and other commitments. Mayor Duitsman suggested that an newsletter promoting volunteer ism Commission. article for the be placed Park and in the city's Recreation The City Council children's play area will be funded by 99, and Three Rivers project is scheduled expressed their approval for the construction of a at the Elk River Softball Complex. The structure the Elk River Softball Association, Boy Scout Troop Umpires Association at a cost of $2,500. The to be completed in the fall of 1993. 4.2. Water Main Improvements at New Water Tower Site Pat Klaers, City Administrator, reviewed the memo and resolution provided by the City Engineer, Terry Maurer, for a 500,000 gallon water tower to be built on property recently purchased by the City from Rick Foster in the northeast area of Hillside Estates. The City Administrator indicated that construction is expected to begin within the next 30 to 60 days, and that the Utilities Commission is moving ahead with bids and plans and specifications for a deep well and water . . . Elk River city Council Meeting August 2, 1993 Page 4 treatment facility. The City Administrator stated that the City's role is to provide a trunk water main from the tower, running southwest to service areas requiring municipal water. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-35, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE NORTHEAST AREA TRUNK WATER IMPROVEMENT OF 1993. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5. Open Mike No one appeared for this item. 6. Consider Modification to Tax Increment Financing Plans No. 1 and No. 3/Elk River Public Library/Public Hearing Pat Klaers, City Administrator, stated that the proposed amendment would enable the City to financially assist with the public library expansion. He further stated that the School Board has reviewed the proposal and offered no comment on the proposal. Sherburne County Commissioners unanimously passed a motion in support of the proposal. 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 AMENDMENT TO TAX INCREMENT FINANCING DISTRICTS NO. 1 AND NO.3. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Signage Request by Assembly of God Church/Public Hearing Steve Rohlf, Building and Zoning Administrator, presented the staff report. Mr. Rohlf stated that the City Council had previously approved changes to Assembly of God's conditional use permit, but that the issue of lighting of the wall signage with neon had been tabled until a full Council was present. Mr. Rohlf further stated the Council must determine whether or not neon lighting of the 96 square foot wall sign would meet the seven stipulations required for approval of a conditional use permit. The Building and Zoning Administrator explained that the lighted sign would be on the east side of the building facing Highway 169, and that homes in the adjacent area are to the north, south, and west. He stated that there may be one home in the area that would receive indirect light from the sign. Mr. Rohlf stated that the sign could be directly or indirectly lit. He further stated that the question that had come up was whether or not a neon-lit sign is appropriate in a residential neighborhood. Mayor Duitsman opened the public hearing. John Polden, 11751 196th Street, questioned why the church wanted a lighted sign. Bill Matthews, Pastor of Assembly of God Church, replied that people are not aware of what the building is and they would like the sign . . . Elk River city Council Meeting August 2, 1993 Page 5 lighted to make it visible from Highway 169. He stated that neon lighting had been chosen because of its longevity. Mr. Polden stated that his bedroom from the present church lighting. He neon-lighted sign on the building since the church was not open at night faces west and already gets glare stated that he felt a large was extreme, and also unnecessary when the cross and sign were lit. Discussion ensued regarding the possibility of having a timer on the sign which would go off at approximately 10:00 p.m. discussion was held regarding the lighted cross previously by the Council. The Building and Zoning Administrator stated cross is to have a bac~ing so that the light is projected to Further approved that the the east. Councilmember Farber stated that he had received several calls from residents in the area who felt the church was already well-lit and that a large lighted sign would be intrusive to the neighborhood. The Building and Zoning Administrator stated that the proposed sign will be 3 feet 6 inches high by 30 feet 6 inches long for a total of 96 square feet. He further stated that the size of the sign is not the issue, but rather the lighting of the sign. Pastor Bill Matthews stated that the letters for the sign would be red in color. Perry Mason, 11847 196th Avenue NW, placement of three foot high red questioned whether or not the name of changed to Solid Rock Church. expressed his objection to the letters on the church. Mr. Mason the church had been officially Pastor Bill Matthews explained that the Church's boardmembers have approved the name change, but that the Secretary of State's office must conduct a file search of names of churches before formal approval can be given. Building and Zoning Administrator Steve Rohlf stated that the name of the church was not under consideration and should not be part of the issue. Mayor Duitsman stated that he was in favor of the lighted cross, but opposed the additional lighting of the sign. COUNCILMEMBER FARBER MOVED TO DENY THE REQUEST BY ELK RIVER ASSEMBLY OF GOD CHURCH FOR A LIGHTED SIGN TO BE PLACED ON THE CHURCH. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION FAILED 2-2. COUNCILMEMBER DIETZ MOVED TO APPROVE THE REQUEST BY THE ELK RIVER ASSEMBLY OF GOD CHURCH FOR A LIGHTED CROSS AND LETTERED SIGN TO BE PLACED ON THE CHURCH WITH THE FOLLOWING STIPULATIONS: . . . Elk River city Council Meeting August 2, 1993 Page 6 1. THAT THE LIGHTED CROSS HAVE A BACKING TO ENSURE THAT THE LIGHT DOES NOT GLARE TO THE NORTH, SOUTH, AND WEST. 2. THAT THE SIGNAGE NOT BE DIRECTLY LIT, BUT THAT IT MAY BE INDIRECTLY LIT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Check Register COUNCILMEMBER DIETZ MOVED SUPPLEMENTAL CHECK REGISTER. MOTION. THE MOTION CARRIED 4-0. THE CHECK FARBER AND THE TO APPROVE COUNCILMEMBER REGISTER SECONDED 9. Staff Updates The City Administrator distributed keys to the Council for the administrative side of the City Hall and for the Wellness Room. School Street/Jackson Avenue Intersection City Administrator, Pat Klaers, reviewed the memo from the City Engineer regarding the School Street/Jackson Avenue intersection upgrading and signalization. The City Council directed staff to relay their concern that plans for this project move as quickly as possible. Joint Meeting with Sherburne County Board The City Administrator stated that a joint meeting with the County will be scheduled for sometime in August or September. The meeting will be held in the training room at the City Hall. One of the issues to discuss will be the County Fair parking lot. The City Administrator updated the City Council on plans for a land exchange with the golf course, the entrance to Woodland Trails Park, and for the right-of-way needed for a future east/west transportation route. The City Administrator stated that in reviewing the Highway 10 and Proctor Avenue site for a possible second municipal liquor store, staff felt there would be problems with traffic since Beaudry Oil will also be at that intersection. The City Administrator further stated that the Fritz Dolejs, Northbound Manager, felt that the best site would be on Highway 10 at the last stop light in town, and that if the future site of that signal light could be determined, the City could possibly purchase the property now for future use. 10. Other Business . . . Elk River City Council Meeting August 2, 1993 Page 7 Councilmember Scheel expressed her desire to have the audio tape recordings of City Council meetings made part of the official record. Councilmember Scheel stated that she would like to see the tapes kept for a period of two to three years. Mayor Duitsman directed staff to check state law regarding this issue. Councilmember Farber stated that he had been contacted by a resident on the 1300 block of 5th Street, south of Highway 10, who was concerned about the broken and crumbling curb on 5th street and, also, that the street hadn't been swept in a while. The Council directed Phil Hals, Street/Park Superintendent, to contact the resident and review the problem. Councilmember Farber questioned the status of placing a stop sign on 4th Street to prevent motorists from speeding between Proctor and Morton Avenues. The City Administrator stated that the Police Department will be patrolling in that area and that he will discuss the possibility of a stop sign with Terry Maurer, Tom Zerwas, and Phil Hals. The City Council informed staff that they would like to interview planning consultants for any future work requiring outside planning services, especially as it relates to the updating of the Comprehensive Plan. Staff indicated that no additional work in 1993 is anticipated which would need outside consulting services. The City Council consented to terminate the services of the present Planning Consultant except for work on the Elk Park Center and for projects that have already been started. The Council directed staff to send a letter to the Downtown Corporation stating that there are no plans to replace sidewalks and that they could contact the City Clerk to Council agenda if they wished to discuss the issue. Development the downtown get on the Mayor Duitsman suggested that a contest be offered to design a City flag. Staff suggested that the contest could be highlighted in the City's newsletter. Councilmember Dietz suggested that the City Clerk could prepare information for a flag contest and have it available for the Open House on september 11th. Mayor Duitsman stated that Mr. Cliff Do~ais is in the process of cleaning the bridge replica to be donated to the City and that he hoped to have it ready for placement in the Police Department trophy case for . . . Elk River City Council Meeting August 2, 1993 Page 8 the Open House. Mayor Duitsman asked that the street Department pick up the bridge replica as it was quite heavy, and also, that a letter of thanks be sent to Mr. Donais on behalf of the City. staff requested that the City Council be at the City Hall for the dedication of the plaques on September 11th at 1:00 p.m. Councilmember Farber discussed the drainage problem of a homeowner on Highland Road behind Salk Junior High. Staff was familiar with the site and stated that the builder had been warned of the potential problem in building on a drainage easement when the building permit application was made. Councilmember Farber stated that the builder was directed by the homeowner to change the location of the house before construction, but he did not do it. Councilmember Farber further stated that the homeowner was willing to put costs into correcting the problem and requested staff to talk with him to offer any suggestions they may have. 11. Adjournment There being no further business, COUNCILMEMBER FARBER MOVED THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. CARRIED 4-0. TO ADJOURN THE MOTION The meeting of the Elk River City Council adjourned at 8:01 p.m. Respectfully submitted, ~~..t-. \K.lui:.-nx1 / (~ Deborah Kleckner . J Recording Secretary