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01-07-1991 CC MIN . e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, JANUARY 7, 1991 Members Present: Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt and Holmgren Staff Present: Pat Klaers, City Administrator; Tim Keane, City Attorney; Sandra Thackeray, City Clerk; Tom Zerwas, Police Chief; Gary Schmitz, Recycling Coordinator 1. Call Meetin~ to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Tralle at 7:00 p.m. 2. OATH OF OFFICE The following oaths of office were administered by City Clerk Sandra Thackeray: James A. Tralle sworn in as Mayor Roger A. Holmgren sworn in as Ward 4 Councilmember John J. Dietz sworn in as Ward 1 Councilmember 3. Consider 1/7/91 Council A~enda COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 1/7/91 COUNCIL AGENDA AS PRESENTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Consideration of 12/13/90 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE DECEMBER 13, 1990, CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Consideration of 12/17/~0 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE DECEMBER 17, 1990, CITY COUNCIL MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike Mayor Tralle thanked Harold Dobel for his for years of service to the City of Elk River as Councilmember. Harold Dobel, in turn, thanked the Ci ty Council and stated he enjoyed the four years he spent working together with the Council, Staff, and Star News. City Council Minutes January 7, 1991 Page 2 ~ 6.1. Desi~nation of Official Depositories COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-1, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Desi~n~tion of Official City Newspaper Mayor Tralle indicated that the City researched whether the Best Seller would meet the requirements of a legal newspaper. He indicated that after researching State Statutes, it was determined that the Best Seller did not meet the requirements of a legal city newspaper in which to run legal notices. COUNCILMEMBER KROPUENSKE MOVED TO DESIGNATE THE ELK RIVER STAR NEWS AS THE OFFICIAL CITY NEWSPAPER FOR 1991. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Appointment of Vice Mayor COUNCILMEMBER KROPUENSKE MOVED TO APPOINT COUNCILMEMBER GENE SCHULDT AS VICE MAYOR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER SCHULDT ABSTAINED. e 7.1. Special Assessment Reapportionment/Main Street Mayor Tralle indicated that Francis Vasser has subdivided a parcel of land located in Block 5 of Auditor's Addition into three parcels and due to the Main Street assessment on the property, a special assessment reapportionment must be approved by the City Council. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE SPECIAL ASSESSMENT REAPPORTIONMENT FOR FRANCIS VASSER'S PROPERTY LOCATED IN BLOCK 5 OF AUDITOR J S ADDITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Consideration of Ci~arette License Renew~ls City Clerk Sandra Thackeray stated that all of the establishments listed on her memo, except for Beaudry Oil, have submitted application and payment for cigarette license renewals. She stated that Beaudry Oil has removed the cigarette vending machine and no longer sells cigarettes. COUNCILMEMBER SCHULDT MOVED TO APPROVE CIGARETTE LICENSES FOR THE ESTABLISHMENTS LISTED IN THE MEMO FROM THE CITY CLERK TO THE CITY COUNCIL DATED JANUARY 3, 1991. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e tit e e City Council Minutes January 7, 1991 Page 3 7.3. Consideration of Mechanical Amusement Device License Renewals COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE MECHANICAL AMUSEMENT LICENSES FOR THE ESTABLISHMENTS LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL FROM THE CITY CLERK DATED JANUARY 3, 1991. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. ~Qnsideration of Kennel License Renewals COUNCILMEMBER KROPUENSKE MOVED TO APPROVE KENNEL LICENSE RENEWALS FOR GRACE OSTEIN, STOFFEL REITSMA, AND JOE SPENGLER AND JO MAGNEY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. .~Qnsideration of Bowlin~ Alley License COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A BOWLING ALLEY LICENSE RENEWAL FOR ELK RIVER BOWL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Plannin..L.QQmmissi91LAnpointments Mayor Tralle indicated that the City Council interviewed candidates for the Planning Commission vacancies at a previous Council meeting. It was the consensus of the City Council at that time to reappoint Rita Johnson and appoint Donald Spotts to fill the Planning Commission vacancy created by the expiration of Peter Kimball's term. COUNCILMEMBER KROPUENSKE MOVED TO APPOINT RITA JOHNSON FOR ANOTHER THREE YEAR TERM ON THE PLANNING COMMISSION AND TO APPOINT DONALD SPOTTS TO A THREE YEAR TERM ON THE PLANNING COMMISSION WITH BOTH TERMS TO EXPIRE ON DECEMBER 31, 1993. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Certification of Correction to the Plat of Sunset Rid~e Mayor Tralle indicated that a correction to the plat of Sunset Ridge is necessary in order to describe the center line of Trott Brook by metes and bounds. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CORRECTION TO THE PLAT OF SUNSET RIDGE WHICH DESCRIBES THE CENTER LINE OF TROTT BROOK BY METES AND BOUNDS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.10.Consider Out of State Seminar ReQuest/Cliff Sko~stag COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE CLIFF SKOGSTAD TO ATTEND THE UNIVERSITY OF WISCONSIN FOR A ONE WEEK SEMINAR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes January 7, 1991 Page 4 e 7.13.Call Special Joint City Council Meetin~ with Otse~o on 1/12/91 COUNCILMEMBER SCHULDT MOVED TO CALL A SPECIAL CITY COUNCIL MEETING TO TO BE HELD WITH THE OTSEGO CITY COUNCIL ON SATURDAY, JANUARY 12, 1991, 9:00 A.M. AT THE OTSEGO CITY HALL TO DISCUSS ISSUES THAT CONCERN BOTH CITIES WITH THE MAIN ISSUE TO BE THE POSSIBLE EXTENSION OF ELK RIVER SANITARY SEWER INTO OTSEGO. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City of Otsego sewer study and related material was distributed to the City Council. 7.14.Consideration of City Newsletter Quotes Mayor Tralle indicated that quotes for the City Newsletter were received from both the Best Seller and the Elk River Star News. He indicated that the quotes from both newspapers were very close with the Best Seller being lower by $220 per year. Mayor Tralle explained that price is not the only issue to consider. He indicated that the Best Seller would deliver the newsletter on Sunday instead of on Wednesday with the Star News. He further indicated that according to the Community Survey which was taken, most of the Elk River residents read the Star News. e After further discussion, it was the consensus of the Council to accept the quote from Elk River Star News for the City Newsletter because of the fact that citizens are used to receiving the City Newsletter on Wednesday with the Star News. It was also the consensus to have the Best Seller put out the Economic Development quarterly newsletter for 1991. COUNCILMEMBER SCHULDT MOVED TO ACCEPT THE QUOTE FROM ELK RIVER STAR NEWS FOR THE ELK RIVER CITY NEWSLETTER "THE CURRENT" FOR 1991. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.15.Approval of Snow Plow Policy COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-2, A RESOLUTION APPROVING THE 1990-91 CITY OF ELK RIVER SNOW AND ICE CONTROL POLICY DATED 12/13/90. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.7. Tom Hayes. County Attorney e Tom Hayes, the newly elected County Attorney introduced himself to the Ci ty Council. Mayor Tralle indicated that the City has considered hiring a prosecuting attorney rather than using the County Attorney services due to issues relating to the speed of which cases were being handled and the amount of overtime being put in by the Police Officers. Mayor Tralle also indicated that the City has received three proposals for prosecution services. City Council Minutes January 7, 1991 Page 5 e Tom Hayes indicated that he is aware of the problem of delays in misdemeanor and gross misdemeanor prosecutions. He stated he felt his office would be able to accomplish the goal of shortening the prosecution timeframe. Mr. Hayes addressed the overtime issue. He indicated that at the present time there are too many trials set for one time. He indicating that he is anticipating additional Judge time for overflow cases. Police Chief Zerwas indicated that since the issue has been out in the open and discussed in the paper, there has been an improvement in service. He indicated that at the present time he feels comfortable continuing with the County Attorney's Office. It was the consensus of the City Council to continue to use the services of the Sherburne County Attorney for the City's prosecution needs. 7.8. Consideration Qf Chan~es to Garba~e Contract and Ordinance Mayor Tralle indicated that since the City has implemented the Garbage Ordinance mandating garbage and recycling service for Elk River, a few problems have arisen. He indicated that in order to address these problems, the City is considering some amendments to the ordinance. e Gary Schmitz, Recycling Coordinator, indicated that the majority of the complaints were received from low volume generators. These people feel they do not need weekly garbage pick up. Mr. Schmitz stated that the proposed ordinance amendment addresses this issue by allowing for an option of biweekly pick up using the 32 gallon container. Mr. Schmitz stated that another issue of concern is long driveways and people that want refuse service at their doorstep. He indicated that an amendment to the contract would address this issue by allowing for a doorstep pick up charge of $8.00 per month. Mr. Schmitz addressed another concern relating to residential property owners who had a home occupation and, therefore, paid for a commercial dumpster. He indicated that an amendment to the garbage contract would allow residential homeowners with commercial dumpsters to be exempt from residential garbage service, however, they would still be mandated to recycle. Gary Schmitz stated that although some amendments to the garbage ordinance and contract are being proposed, there will still be some exceptional cases that don't fall under the general requirements. He indicated that in order to deal with these cases, an ordinance amendment allowing people with unusual circumstances to appear before an Appeal Board is proposed. e COUNCILMEMBER HOLMGREN MOVED TO DRAFT THE PROPOSED AMENDMENTS AS DISCUSSED TO THE GARBAGE ORDINANCE AND GARBAGE CONTRACT AND TO PRESENT IT TO THE CITY COUNCIL FOR ADOPTION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes January 7, 1991 Page 6 e 7.11.Pull Tab Ordinance Mayor Tralle stated that he has requested Staff to research the possibility of developing a trade area to regulate the distribution of profits made on pull tab charitable gambling in the City of Elk River. He stated that the purpose of the ordinance is to ensure that the net proceeds from charitable gambling directly benefit the citizens of Elk Ri ver. Mayor Tralle indicated that the proposed ordinance amendment would require 75% of the net pull tab proceeds to be spent in the City's trade area. He stated that the trade area is proposed to include the Cities of Elk River, Otsego, Ramsey, Zimmerman and Rogers. Ci ty Attorney Tim Keane indicated that he and the City Clerk have reviewed the City's current Gambling Ordinance and found that the present ordinance is very dated and will need to be thoroughly reviewed and revised. Mr. Keane stated that the current request by mnnesota Therapeutic Camp has triggered staff to look more carefully at the gambling regulations. The proposed ordinance amendment addresses a statement of purpose, the City's trade area, and the percentage of profits to be spent in the City's trade area. e Mr. Don Sjoquist, representative of the Eagles, questioned whether money donated to the Shriners would be counted as part of the 75% proceeds being spent in Elk River. The City Attorney stated that this would not count because the money is not spent in the City's trade area or to benefit the citizens of Elk River. The City Attorney suggested that the remaining 25% be used for these types of purposes. A representative of the VFW indicated that he was agreeable to the ordinance amendment and that his only concern was to see the proceeds benefit the Elk River citizens. Larry Hennig, representing Minnesota Therapeutic Camp questioned how 75% was decided. The City Attorney indicated that the City has the option to authorize up to 100% and felt comfortable with 75%. Councilmember Kropuenske indicated that he would not want to see less than 75% of the proceeds required to be spent in the trade area. Councilmember Dietz stated that he concurred and felt it was important to use some of the money to benefit the youth of Elk River. Joe Zerwas, representing the Elk River Jaycees, indicated that he would like to see the money stay in the Elk River area. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-1, AN ORDINANCE AMENDING SECTION 716 OF THE CITY CODE OF ORDINANCES RELATED TO REGULATIONS FOR PULL TAB LICENSES AND REQUIRING A PERCENTAGE OF NET PROFITS TO BE SPENT WITHIN THE TRADE AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 7.12.Consideration of Gamblin~ License for Minnesota TheraQ~utic Camp Larry Hennig stated that he could meet the terms of the ordinance pertaining to spending 75% of the profits in Elk River's trade area. . e e City Council Minutes January 7, 1991 Page ~ '1 9. Other Business There was no other business for this meeting. 10. Cit~dministrator Update 1. The City Administrator informed the Council that they will receive quotations for a roadside mower on January 28. 2. The City Administrator informed the Council that the City is advertising for bids for a sweeper and the bids will be presented to the Council in February. 3. The City Administrator informed the Council that Larry Morrell had been given until November to clean up his site and that to date most issues have been addressed. A January 4, 1991, staff memo on this issue was distributed. 4. The City Administrator informed the Council that a furnace has failed at City Hall and a water pipe has burst. He requested permission to purchase a $1,200 space heater for the garage at old City Hall, if the furnace cannot be repaired. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO PURCHASE A SPACE HEATER FROM B & D PLUMBING FOR $1,200, FOR THE CREAMERY BUILDING GARAGE IF DEEMED NECESSARY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Respectfully submitted, J.-'~4~~'; Sandra Thackeray ~ City Clerk