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10-04-1993 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 4, 1993 Members Present: Vice Mayor Dietz, Councilmembers Scheel, Farber, and Holmgren Members Absent: Mayor Duitsman Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City clerk; steven Ach, City Planner; Tom Zerwas, Chief of Police 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 6:05 p.m. by Vice Mayor Dietz. 2. Consider 10/4/93 City Council Agenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/4/93 CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 9/27/93 City Council Minutes The City Administrator noted a correction to Item 5.5., changing the phrase "TIF contribution" to "TIF #4 contribution". COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 9/27/93 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Authorization to Hire Police Officers Police Chief Tom Zerwas informed the Council that the selection process for the hiring of police officers is nearly completed. He noted that the selection process consisted of a written examination, report writing test, physical agility test, background investigation, psychological evaluation, and a medical examination. He indicated that all testing has been completed except for the psychological and medical exams. He requested authorization to hire Daniel Block from Anoka, and Linda Ellingsworth from Anoka, as they were the top two candidates. He further requested the Council to authorize the hiring of these two individuals contingent upon them successfully passing their psychological and medical examinations. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE POLICE CHIEF TO HIRE DANIEL BLOCK AND LINDA ELLINGSWORTH FOR THE POSITIONS OF POLICE OFFICER CONTINGENT UPON EACH OF THEM SUCCESSFULLY PASSING THE PSYCHOLOGICAL AND MEDICAL EXAMINATIONS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Meeting October 4, 1993 Page 2 e 4.2. Traffic control Issues The Council discussed the eight traffic control issues which were listed in the memo from Phil Hals, Street/Park Superintendent, dated September 28, 1993. Discussion was held on Item #3, 4th Street and Norfolk Avenue. Police Chief Tom Zerwas indicated that it has been determined by the Police Department, Street Department, and City Engineer, that the traffic flow was not significant enough to warrant a four-way stop at this intersection. He indicated that staff has recommended the installation of a two-way stop sign. Councilmember Farber suggested that the Council concur with this recommendation but requested that the area be monitored by the Police Department. He further indicated that the issue be revisited next summer to see if there is still a problem. Item #4, Gates Avenue and 3rd Street, was further discussed. Councilmember Scheel indicated that she would like to see a four-way stop sign at this intersection. The Police Chief indicated that a traffic count should be taken at that intersection to see if a four-way stop is warranted. Another intersection discussed by the Council was Baldwin Avenue and the entrance to Ron's Foods. It was noted that this is a bad intersection, and the Council requested that this area be patrolled. e The Council discussed the intersection of Freeport Avenue and School Street. Councilmember Farber indicated that the area is getting more hazardous with the growing number of people in the area. The City Administrator noted that Councilmember Holmgren has requested a three-way stop sign in the past. He further noted that the last traffic count was taken approximately two years ago, and, at that time, a three-way stop was close to being warranted. Councilmember Holmgren indicated that the traffic has probably increased approximately 20% and feels that a three-way stop would be warranted at this time. The Council agreed to discuss this issue later in the meeting. The Council discussed the Lion's Park parking lot which is used by the school students. Councilmember Holmgren noted that the placement of signs in the parking lot restricting the number of hours parked would eliminate the students from parking in the area. It was noted that the School District is in the process of constructing another parking lot. The City Administrator suggested that the Council take no action at this time and wait to see whether the new parking lot will eliminate the problem of parking at Lion's Park. Discussion was held regarding signs that could be erected at Park. It was suggested that signs be posted December 1, and effect January 1. It was further noted that signs should limit to four hours during school hours. Lion's go into parking e The Council reviewed and agreed with the Commission's recommendation to have four stalls Lion's Park posted as 2 hour parking. Park and Recreation near Shelter LS in Elk River City Council Meeting October 4, 1993 Page 3 e COUNCILMEMBER FARBER MOVED TO CONTINUE DISCUSSION ON THE SCHOOL PARKING IN LION'S PARK UNTIL STREET SUPERINTENDENT PHIL HALS CAN MAKE A RECOMMENDATION REGARDING SIGNAGE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE MEASURES OUTLINED IN THE STREET SUPERINTENDENT'S THE TWO WAY STOP ON NORFOLK AT FOURTH STREET. SECONDED THE MOTION. THE MOTION CARRIED 4-0. EIGHT TRAFFIC CONTROL 9/28/93 MEMO INCLUDING COUNCILMEMBER FARBER 4.3. Consider Ordinance Amendment to Section 704 Relating to Massage Establishments City Clerk Sandra Thackeray noted that there were two issues unresolved regarding the massage ordinance from the Council's last meeting on september 27. The issues pertained to communicable disease and on-site therapeutic chair massage. Councilmember Scheel noted that she had several concerns regarding the proposed ordinance. Some of her concerns related to the definition of massage, and language in the ordinance under Section 704.08 pertaining to restrictions and regulations, specifically relating to crimes of a sexual nature. e The Council discussed the issue of whether or not a massage therapist should be required to show proof that they are not carrying a communicable disease. The City Clerk indicated that after researching the subject, she found that the State Department of Health does not license massage therapists, and, therefore, the City can regulate in any way it chooses regarding this issue. She indicated that after researching several other cities, she noted that seven of ten cities required that the massage therapists be free of communicable disease. The City Clerk suggested that the language in the ordinance be amended as follows: "No person, while afflicted with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or any acute respiratory infection, may work as, or use the services of, a massage therapist. No persons known or suspected of being afflicted with any such disease or condition shall be employed or permitted in a therapeutic massage establishment". The City Clerk noted that this language would require that both the massage therapist and the patient be free of such diseases and would not require the massage therapist to have a physical examination to prove that they are free of such diseases. It was the consensus of the Council that this language replace the previous language which required the massage therapist to prove that they are free of communicable diseases. e The City Clerk discussed the issue of on-site chair massage. She noted that the city's ordinance requires a minimum of 48 hours of education and supervised training. She further noted that on-site chair massage is new and that there are not many cities that list this type of activity in their ordinance. She noted that the Council must consider whether on-site chair massage is considered a therapy type of massage Elk River city Council Meeting october 4, 1993 Page 4 --------------------- e and whether the person administering the massage should be required to show proof of at least 48 hours of training. Flo Kahlstorf distributed a memo to the Council regarding her business. She indicated that her business is Minute Massage and that she goes business to business administering massage to the neck, shoulders, face, and head for no more than 15 minutes. She indicated that she has taken a chair massage course consisting of 4 hours of training and indicated that further training would not benefit her. The Council discussed whether or not the City should require a minimum of 48 hours of training for this type of activity. After discussion it was the consensus of the Council to eliminate any reference to on-site chair massage from the City's current ordinance. It was further the consensus of the Council that this activity be allowed within the City of Elk River with no license requirement. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 93-10, AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA REPEALING SECTION 704 OF THE CITY CODE, SAUNAS AND MASSAGE ESTABLISHMENTS, AND ENACTING A NEW SECTION 704 IN LIEU THEREOF, RELATING TO THE SAME SUBJECT TITLED THERAPEUTIC MASSAGE AND SAUNA ESTABLISHMENTS. THE MOTION INCLUDED THE AMENDMENTS THAT WERE DISCUSSED: 1. THE DELETION OF ANY REQUIREMENT THAT THE MASSAGE PROOF FROM A PHYSICIAN THAT THEY ARE FREE DISEASES. THERAPIST SHOW OF COMMUNICABLE e 2. THE ADDITION OF THE FOLLOWING LANGUAGE, "NO PERSON, WHILE AFFLICTED WITH ANY DISEASE IN A COMMUNICABLE FORM,OR WHILE A CARRIER OF SUCH DISEASE, OR WHILE AFFLICTED WITH BOILS, INFECTED WOUNDS, SORES, OR ANY ACUTE RESPIRATORY INFECTION, MAY WORK AS, OR USE THE SERVICES OF, A MASSAGE THERAPIST. NO PERSONS KNOWN OR SUSPECTED OF BEING AFFLICTED WITH ANY SUCH DISEASE OR CONDITION SHALL BE EMPLOYED OR PERMITTED IN A THERAPEUTIC MASSAGE ESTABLISHMENT". 3. THE DELETION OF ANY REFERENCE TO ON-SITE THERAPEUTIC MASSAGE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.4. Consider Resolution Approving Summary of Therapeutic Massage Ordinance COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-62, A RESOLUTION APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 93-10, PERTAINING TO THERAPEUTIC MASSAGE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.5. Consider Resolution of Support for Application to Central Minnesota Initiative Fund e The City precision equipment. Administrator indicated that BRUMAR, a metal fabricator and machining company, is considering expansion of its He noted that the equipment needed by the BRUMAR Company is Elk River city Council Meeting October 4, 1993 Page 5 e estimated at $130-140,000. He further noted that the BRUMAR Company will be funding one-half of the equipment through its primary lender and the other half will likely be funded by the Central Minnesota Initiative Fund. City Administrator, Pat Klaers, indicated that the Economic Development Coordinator is requesting that the Council adopt a resolution of support on behalf of BRUMAR regarding its application for supplemental financing to the Minnesota Initiative Fund. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-63, A RESOLUTION OF SUPPORT TO THE CENTRAL MINNESOTA INITIATIVE FUND, BRUMAR APPLICATION FOR SUPPLEMENTAL EQUIPMENT FINANCING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Freeport Avenue and School Street After further discussion regarding traffic in this area, timing of possible development north of this intersection, consensus of the Council to authorize staff to post three the intersection of Freeport and School Street. including the it was the stop signs at COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE ERECTION OF THREE STOP SIGNS IN THE LOCATION OF FREEPORT AVENUE AND SCHOOL STREET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. e 7.1. Conditional Use Permit/Vernon Draxler/Request to Accessory Structure Greater than 1,000 Square Feet/P.H. Construct an Case #CU-93- City Planner, Steven Ach, indicated that Vernon Draxler is requesting a conditional use permit to construct a detached accessory building exceeding 1,000 square feet in size. The building will be located at 13416 Islandview Drive. The shed will be used for storage of band equipment and other personal items with a small hobby-type woodworking shop in one section of the shed. Vice Mayor Dietz opened the public hearing. There being no one for or against the matter, Vice Mayor Dietz closed the public hearing. Discussion was held by the Council regarding the requirement that the material of the accessory structure match the exterior of the existing house. Councilmember Holmgren indicated that he did not feel it was necessary that the material of the structure match the house as the owner may, at some time in the future, decide to change the material of the house. After further discussion by the Council it was the consensus that the construction material of the accessory structure be compatible to the exterior of the house. City Planner Steven Ach indicated that the Planning Commission reviewed this request and unanimously recommended approval of the conditional use permit. e COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR VERNON DRAXLER ALLOWING A 1,176 SQUARE FOOT DETACHED ACCESSORY BUILDING IN AN R-1B ZONING DISTRICT WITH THE CONDITION THAT THE COLOR AND Elk River City Council Meeting October 4, 1993 Page 6 --------------------- e MATERIAL OF THE ACCESSORY STRUCTURE BE COMPATIBLE WITH THE EXTERIOR OF THE EXISTING HOUSE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.2. certificate of Correction to Plat of Heritage Landing City Planner Steven Ach indicated that it has recently been discovered that an incorrect measurement on Lot 13, Block 1, in Heritage Landing was approved as part of the final plat. He further noted that the plat has been recorded with the error and that it must be corrected through a Certificate of Correction. Steven Ach indicated that the dimension of Lot 13, Block 1, was recorded at 48.64 feet and the correct dimension is 51.66 feet. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CERTIFICATE OF CORRECTION TO THE PLAT OF HERITAGE LANDING FOR LOT 13, BLOCK 1. COUNCI LMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. Other Business e Gopher $1.00 paying survey report Bounty - Councilmember Scheel noted that surrounding areas pay for gopher bounty and questioned why the City of Elk River is $.75. Vice Mayor Dietz requested the City Clerk to conduct a of the surrounding communities to see what gopher bounty is and back to the council. Park Center Proposal - The City Administrator noted that the Planning Commission will conduct a public hearing on the Park Center proposal on Tuesday, October 19, 1993, and questioned whether the Council would be willing to hold a special meeting on October 28, 1993, for a public hearing on this subject. He indicated that the public hearing would consist of consideration of the conditional use permit and preliminary plat. It was the consensus of the Council that the public hearing be held on October 26, 1993. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL TO BE HELD ON OCTOBER 26, 1993, AT VANDEN BERGE JUNIOR HIGH SCHOOL IN THE CAFETERIA AT 7:00 P.M. TO CONSIDER THE CONDITIONAL USE PERMIT AND PRELIMINARY PLAT FOR ELK PARK CENTER PROPOSAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Dental Insurance The City Administrator distributed a memo from the Finance Director regarding dental insurance. He indicated that effective January 1, 1994, the city will be changing coverage from Delta Dental to Health Partners. e Sidewalk Along School Farber questioned when Administrator indicated Street and Jackson the project would that the project Avenue Councilmember be started. The city would start as soon as Elk River City Council Meeting October 4, 1993 Page 7 . confirmation was received that the City would obtain MSA funding for the sidewalk. Councilmember Farber suggested that the northern part of the sidewalk be started as the asphalt sidewalk will not be MSA funded. The City Administrator noted that he would consult with the City Engineer regarding the starting of the sidewalk project. School District Meeting - The City Administrator informed the Council that during a conversation with Dr. Flannery, he was informed that the School Board has requested to meet with the City Council in January rather than in mid December. Monday, January 27, 1994, was suggested as a meeting date. The City Administrator advised the Council that no county data on the valuation of Elk River is available at this time. This data will help the City determine what affect raising additional tax revenues in the 1994 budget would have on individual property owners. The City Council recessed at 7:40 p.m. and reconvened at 7:48 p.m. 4.6. Review Video Tapes of Previous Council Meetings e The City Council reviewed a number of video segments from previous Council meetings. The City Administrator indicated that eventually the City hopes to hold one Council meeting per month on the Cable TV public access channel, and thought it would be beneficial for the Council to review some tapes prior to this taking place. After reviewing the tapes, some of the issues that need to be discussed and worked on include: 1. Public speaking anyone in the audience not using a microphone cannot be heard clearly on the video tape. A solution may be to order another podium for the audience to speak from. 2. Paper shuffling the shuffling of papers on the Council table needs to be minimized. 3. Microphones - the City Council should wear the microphones so as to eliminate some of the paper shuffling noise. 4. Formality in referring or addressing Council or staff - it was noted that when staff is addressed, staff's title should also be used as their names are not included on the name plates. s. Signs the lights reflect on the signs and therefore it is difficult to read the names on the signs. A solution may be to order different colored signs. 6. Sizing for the overhead projector. 7. A set location for maps so they can be seen on video. . The City Administrator indicated that these issues would be reviewed again at a later date. The City Administrator noted that he would check into the possibility of getting different mikes for the Council e e e Elk River City Council Meeting October 4, 1993 --------------------- Page 8 and that he would be ordering another podium and mike for the public to use when addressing the Council. 10. Adjournment There being no further business, COUNCI LMEMBER ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED MOTION CARRIED 4-0. HOLMGREN MOVED THE MOTION. The meeting of the Elk River City Council adjourned at 8:30 p.m. Respectfully submitted, x!kAJ.A& -d/la.d0lAi (~ ) Sandra A. Thackeray City Clerk TO THE