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11-29-1993 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 29, 1993 Members Present: Vice Mayor Dietz, Councilmembers Farber and Holmgren Members Absent: Mayor Duitsman and Councilmember Scheel Staff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Gary Schmitz, Recycling Coordinator/Zoning Assistant; Phil Hals, Street/Park Superintendent; Deborah Kleckner, Recording Secretary 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 6:12 p.m. by Vice Mayor Dietz. 2. Consider 11/29/93 City Council Agenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 11/29/93 CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3.1. Consider Appeal from Mike Boelter and Mrs. Lester Boelter on Refuse Ap~eal Board Decision Gary Schmitz, Zoning Assistant, stated that Mr. Mike Boelter self hauls the waste from his business and home to the Landfill and that he has not used the City's refuse and recycling service. He explained that Mr. Boelter was denied an exemption from mandatory service by the Refuse Appeal Board on October 11, 1993. Gary Schmitz also explained that Mrs. Lester Boelter's request exemption was denied at the September 20, 1993, City Council and that she wanted to speak to the Council at this time as she able to be present at that meeting. for an meeting, was not Mr. Boelter explained that he felt he was entitled to an exemption according to State Statute 602.13, which allows exemptions for individuals such as truck drivers. Mr. Boelter further explained that since his driveway is over one-quarter of a mile long, it is too far to take the garbage container down to the end of the road, and that the condition of the driveway is such that it would not support the weight of a large garbage truck. Mrs. Lester Boelter stated that she has very little garbage and that she composts everything she can. She further stated that she is on a fixed income of $619.00 per month and, with medical expenses for her sick husband, she cannot afford to pay for garbage service. Gary Schmitz explained that Minnesota state law allows cities of residents or more the authority to determine a method for collection and disposal of garbage, which includes charging 1,000 the for Elk River city Council Meeting November 29, 1993 Page 2 e mandatory garbage and recycling collection. He further explained that according to the law, a city may also grant an exemption if a resident can prove they are using an environmentally sound alternative for disposing of their garbage. The City Administrator stated that cities have the authority to be more strict than the state law and that the city has chosen the option for mandatory garbage and recycling collection service. He further stated that by allowing a number of individuals exemptions, such as Mr. Boelter's request to self haul his own garbage to the Landfill, enforcement would become a problem for the City. The condition of Mr. Boelter's driveway was discussed. Mr. Boelter stated that he did not believe a hauler would walk up the driveway to get the garbage container. He further stated that he is not always home to get the garbage out at a certain time and that his wife and daughter were not able to do it. Vice Mayor Dietz explained the history of the formation of the Refuse Appeal Board and stated that currently six exemptions have been granted. Mrs. Boelter stated that she had been given an exemption at one time and after approximately one year it was taken away. e Discussion followed regarding the low garbage generator option for a 32 gallon container with bi-weekly pick up for $12.16 per month; and that to achieve this low cost, $2.52 of the total price paid to the hauler is subsidized by the city. Councilmember Farber questioned how Mrs. Boelter could pay for garbage service if her expenses were as high ~s she stated they were. He suggested that Mrs. Boelter could possibly submit an itemized list of her expenses for the Council to review. Vice Mayor Dietz stated that the cost for garbage service for Mike Boelter and Mrs. Lester Boelter is currently being assessed on their property taxes and that the taxes are paid up to date. VICE MAYOR DIETZ MOVED TO DENY THE APPEALS OF MR. MIKE BOELTER AND MRS. LESTER BOELTER FOR EXEMPTION FROM MANDATORY GARBAGE AND RECYCLING SERVICE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 2-1. Councilmember Farber opposed. 3.2. Consider City Enterprise Budgets The City Administrator explained items of interest in the City's three Enterprise Fund budgets. It was the consensus of the City Council that the 1994 budgets for the City's Liquor Store fund, Wastewater Treatment System, and Garbage Collection Program were found to be acceptable. e Elk River City Council Meeting November 29, 1993 Page 3 --------------------- e 3.3. Discussion on Snow Plowing Policy/Phil Hals Phil Hals, proposing in addition of plowing time. help to limit street/Park Superintendent, explained the changes he was the 1993/94 snow plowing policy. He stated that the six subdivisions will add an estimated eight hours of Mr. Hals further stated that the following changes would the amount of overtime hours needed for operators: 1. Change the snow plowing in the downtown area to windrow the snow in the center of Main Street, leaving curbs and sidewalks clear immediately, and then returning to haul snow away within 48 hours. This change would allow an additional 24 hours to clean cul-de-sacs, replow, widen, spread additional salt/sand and groom ski trails. phil stated that he has discussed this change with the downtown business person's group and they are willing to try it. 2. Groom ski trails early on the second day rather than late on the day of plowing. Phil added that this may be a minor inconvenience for recreational skier, but will add 4 hours of available plowing time for one truck. e Councilmember Farber questioned whether or not the Street/Park Superintendent felt there could be problems with cars backing into the piled snow on Main Street, and also, four wheel vehicle drivers knocking the snow into cleared driving areas. Phil Hals stated that he has thought of those concerns, but was willing to try windrowing the snow to clear the center and see how it worked out. COUNCILMEMBER HOLMGREN MOVED TO APPROVE RESOLUTION 93-79, A RESOLUTION APPROVING THE 1993/94 CITY OF ELK RIVER SNOW AND ICE CONTROL POLICY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6. Open Mike Roger Ostby, 535 Holt Avenue, explained the drainage problem of his neighbor, Carol Hoffman of 532 5-1/2 Street. Mr. Ostby stated that the area in question is basically flat and that water isponding in Hoffman's front yard. Mr. Ostby further stated that he felt this was due to runoff from homes built after the storm sewer interceptor was put in and from people building up their yards. He explained that he felt there may be alternatives to an expensive street project such as adding another catch basin, or possibly installing an absorbent material under the soil. e Phil Hals stated that he has received a petition with the signatures of nine of Carol Hoffman's neighbors for public improvements to correct the situation. Elk River City Council Meeting November 29, 1993 Page 4 e COUNCILMEMBER HOLMGREN THE DRAINAGE PROBLEM OF AREA. COUNCILMEMBER 3-0. MOVED TO AUTHORIZE THE CITY ENGINEER TO REVIEW CAROL HOFFMAN IN THE 5-1/2 STREET AND HOLT FARBER SECONDED THE MOTION. THE MOTION CARRIED 3.4. Update on Outdoor Ice Skating Rinks for 1993/94 The Street/Park Superintendent reviewed suggestion for 1993/94. The following items were determined by consensus of the City Council. 1. That the City street/Park Department staff would work with the schools and/or Hockey Association to maintain the outdoor rinks near the hockey arena during the 1993/94 winter season. 2. That staff proceed with the proposed improvements for the Lion's Park skating rink as stated in Phil Hals' memo to the Mayor and City Council dated 11/23/93. 3. That the Street/Park staff proceed with plans to construct temporary rinks at two neighborhood parks, using timbers and polyethylene. The Barrington Park and the Moldenhauer Park were suggested as two good locations to try. 3.5. Discussion on 5th Street curbing e Phil Hals, Street/Park Superintendent, reported that he and Mark Thompson have individually spoken with the complainants regarding the deterioration of the curbing on 5th Street. He stated that they have related the following information to them: 1. The curbing in this whole section of town is old; it was installed by the W.P.A. program prior to 1940, and is in a serious state of decomposition. 2. There is nothing that can be done to repair the existing curb from a maintenance standpoint. 3. The only curb replacement construction techniques the Street/Park Superintendent is aware of require removing a four to six foot section of the street for installation of a new curb and gutter. 4. The sidewalks in this section of town are, for the most part, due for replacement. Phil Hals stated that a major assessment project would be necessary to correct the problem at this point. It was the consensus of the City Council to discuss this issue at a later date. e 3.6. Consider removal of Main Street stop Sign and Tipton Avenue Vice Mayor Dietz stated that the Police Chief would be discussing the proposal to remove the stop sign with his officers. e e e Elk River City Council Meeting November 29, 1993 Page 5 COUNCILMEMBER HOLMGREN MOVED TO TABLE THE DECISION FOR REMOVAL OF THE MAIN STREET STOP SIGN AT TIPTON AVENUE UNTIL THE POLICE CHIEF HAS SUBMITTED HIS RECOMMENDATIONS ON THIS ISSUE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4. Council Updates There were no updates presented. 5. staff Updates/Other Business The City Administrator advised the Council that it may not be necessary for them to meet on December 27th. Vice Mayor Dietz stated that he would not be able to attend a meeting on that date. The City Administrator stated that the City Council may wish to invite the Civic Center Task Force to a future City Council meeting for an update on the status of the proposed project. 7. Adjournment There being THE MEETING. CARRIED 3-0. no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION The meeting of the Elk River City Council adjourned at 7:40 p.m. Respectfully submitted, lJe/;ik-d f{LidM~ Deborah Kleckner Recording Secretary