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01-28-1991 CC MIN . e . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JANUARY 28, 1991 Members Present: Councilmembers Dietz, Schuldt Holmgren and Kropuenske Members Absent: Mayor Tralle Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Bill Rubin, Economic Development 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 Vice Mayor Schuldt at 7:00 p.m. 2. Consider 1/28/91 Cougeil A~enda Item 8.3, Street Department Annual Report, was deleted from the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 1/28/91 COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.1. Consider 1/7/91 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. 1/7/91 COUNCIL MINUTES. THE MOTION CARRIED 4-0. 3.2. Consider 1/9/91 City CounQjl Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 1/9/91 COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Plannin~ Commission Chair. Rita Johnson Rita Johnson, Planning Commission Chair, distributed a report showing the items discussed by the Planning Commission at its 1991 annual meeting. Ms. Johnson indicated that the Planning Commission will focus on education in 1991. She indicated that all City Councilmembers are welcome to attend Planlling Commission Workshop meetings. Ms. Johnson informed the Council that the Planning Commission would like to tape record its workshop meetings. Vice Mayor Schuldt suggested that the Planning Commission publish the workshop meeting dates in the City's newsletter. Ms. Johnson also discussed Planning Commission representation at Council meetings; a study for compensation for Planning Commissioners; and a rotation system for the Planning Commission Chair and Vice Chair. The Council thanked Ms. Johnson for the update. City Council Minutes January 28, 1991 Page 2 - e 5.1. Park and Recreation ComJ.!!ission Discussion Barb Northway, a member of the Park and Recreation Commission, indicated that she lives in Or rock township and does not live in the Elk River School District. She informed the Council that there was Bome wrong information on her tax statement leaving her to believe that she did live in the Elk River School District. She indicated her desire to continue to serve on the Park and Recreation Commission despite the fact that she does not live in the City or school district. Vice Mayor Schuldt stated that the Council had previously voted to replace Ms. Northway with a resident from the City of Otsego. He stated that it was unfortunate to lose Ms. Northway because of her expertise in the area of parks and recreation, but because of the City policy to only allow two nonresidents on the Commission, it would be impossi ble to allow Ms. Northway to remain. The Council thanked Ms. Northway for her previous service to the Park and Recreation Commission and informed her that she would be welcome to serve as an exofficio member. 6.1. AQpeal to Council Decision Regarding Greenhouses e Building and Zoning Administrator Steve Rohlf explained that in response to Council request to review the status of temporary greenhouses, his department has contacted the two temporary greenhouse owners in Elk River. He indicated that he received no response regarding the greenhouse location at Ron's Foods. Mr. Rohlf stated that Mr. Jim Schroer representing Super One Plant Place was present to discuss the conditions of the temporary greenhouse located at County Market. Mr. Schroer indicated that his company has been set up at the County Market location for the past five years. He stated that the business does not use any of the handicap parking stalls nor does it impede traffic flow. Councilmember Holmgren voiced his concern regarding the deteriorated condition of the greenhouse toward the end of the season and also discussed the safety issue of children walking out into the lane of traffic. The Council suggested that the rear of the greenhouse be fenced off so that entrance and exiting can only take.place from one location. It was the consensus of the City Council to allow the green house to be set up at the same location as last year with the stipulation that the rear be fenced and that the location and condition of the temporary greenhouse be renewed by the Council on a yearly basis. 6.2. Gary Santwire/Discussion of ordinance regarding platting of commercial property & park dedication . Steve Rohlf explained that Mr. Santwire is questioning City policies regarding platting and the timeframe for collection of park dedication fees. Mr. Rohlf stated that Mr. Santwire is requesting that park dedication be allowed to be paid anytime prior to recording the plat as opposed to the present policy of collecting the fee at the time of application. Mr. Santwire explained that there are times when the fee is very large and it would be a benefit to the developer to be allowed City Council Minutes January 28, 1991 Page 3 . more time to pay the fee. Steve Rohlf explained that staff does not have a problem with collecting park dedication fees prior to recording as long as the funds are secured prior to the document being recorded. COUNCILMEMBER HOLMGREN MOVED TO CHANGE THE CITY'S PARK DEDICATION POLICY TO ALLOW PARK DEDICATION FUNDS TO BE COLLECTED PRIOR TO RECORDING RATHER THAN AT THE TIME OF APPLICATION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Gary Santwire explained that the other policy he would like reviewed is the requirement to plat property. He indicated that it would be in the Ci ty' s interest to require all residential property to he platted to eliminate problems that are created through administrative subdivisions of land. He further indicated that there should be some mechanism to wai ve the platting requirement for certain situations. He indicated that he is subdividing a commercial parcel of land into two parcels with one straight split and that because of the City's policy, this simple lot split will have to go through the platting process. Pat Klaers suggested only allowing one lot administrative subdivisionsand only one subdivision by a property owner per year to minimize the number of problems created. e COUNCILMEMBER KROPUENSKE MOVED TO DRAFT AN ORDINANCE WHICH WOULD RESTRICT RESIDENTIAL ADMINISTRATIVE SUBDIVISIONS TO THE CREATION OF ONLY ONE ADDITIONAL LOT AND THAT WOULD ALLOW ONLY ONE ADMINISTRATIVE LOT SPLIT PER YEAR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Garba~e Ordinance and Contract Amendments City Administrator Pat Klaers stated that the Council moved to draft an ordinance amendment to the Garbage Ordinance and to the Garbage Agreement with the refuse haulers in order to address certain issues of concern. He reviewed the issues of concern which relate to biweekly garbage pick-up, container size, long driveways, commercial dumpsters on residential properties, and the creation of an Appeal Board. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-3, AN ORDINANCE REGULATING THE STORAGE, COLLECTION, TRANSPORTATION, AND DISPOSAL OF REFUSE AND RECYCLABLE MATERIALS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO AMEND THE AGREEMENT FOR GARBAGE, REFUSE AND RECYCLING COLLECTION OF NOVEMBER 1,1990 THROUGH OCTOBER 31, 1993, BETWEEN THE CITY OF ELK RIVER AND THE REFUSE HAULERS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. It COUNCILMEMBER HOLMGREN MOVED TO APPOINT COUNCILMEMBER DIETZ AS THE COUNCIL REPRESENTATIVE TO SERVE ON THE GARBAGE AND REFUSE APPEAL BOARD FOR ONE YEAR ENDING DECEMBER 31, 1991. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Kropuenske left the meeting at 8:15 p.m. City Council Minutes January 28, 1991 Page 4 e 7.1. Kestwood/Order Feasibility Study Ci ty Engineer Terry Maurer explained that the City is requesting to order a preliminary feasibility report in the matter of the Westwood Improvements. He stated that the improvements would consist of sanitary sewer, water, storm drainage and streets. Mr. ~faurer explained that the Staff is planning to be in contact with the residents by mail and informational meetings. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-4, A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE WESTWOOD AREA IMPROVEMENT OF 1991. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.2. 4th & Irving Stop Sign Report Terry Maurer indicated that the City Council had ordered Staff to investigate the three way stop at the intersection of 4th and Irving. Mr. Maurer indicated that Mr. Jim Johnson, Traffic Engineer reviewed the situation and prepared a report. Mr. Johnson's report alludes to the fact that a two way stop is warranted and that a four way stop does not appear to be warranted at this time. Mr. Maurer indicated that it is a Council decision, however, he recommended that the three way stop be eliminated. e Councilmember Holmgren requested Staff to investigate a solution to traffic on Fourth Street cutting through St. parking lot to avoid the stop sign. possible Andrews COUNCILMEMBER HOLMGREN MOVED TO INSTALL A FOUR WAY STOP AT THE INTERSECTION OF 4TH STREET AND IRVING AVENUE AND ALSO THAT THE STREET BE STRIPED FOR PEDESTRIAN CROSSING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.3. Fillmore Street Feasibility Report Accepted/Public Hearing Ordered City Engineer Terry Maurer indicated that a feasibility study for Fillmore Street had been ordered on June 20, 1988, anticipating that the project would take place in 1988. The project did not take place at that time and since then the feasibility study has been updated. The Fillmore Street project is being considered for 1991. The project will consist of upgrading Fillmore Street from County Road 12 to 174th Avenue. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 91-5, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON MARCH 4, 1991, ON THE IMPROVEMENT IN THE MATTER OF THE FILLMORE STREET IMPROVEMENT OF 1991. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. e 7.4. Tyler Street Guard Rail Terry Maurer informed the Council that he has prepared a rough estimate of the cost involved in creating a minimum 3: 1 backs lope away from City Council Minutes January 2B, 1991 Page 5 ------------------------------ e Tyler Street, which would allow the removal of the guardrail adjacent to the Curtis property. He indicated that the estimated cost is $30,000 and could possibly be $7,000 more if the drainfield would have to be moved. The City Administrator indicated that there is no doubt that there is a bUnd spot at the end of Mr. Curtis' driveway, however, this spot was there prior to the Tyler Street project. He further indicated that the City's insurance agent has investigated the site and indicated that the Ci ty has done all that is possible to minimize the problem. He also stated that MnDOT has investigated the site. MNDOT officials reviewed some corrective action procedures of which the City has followed. He indicated that it is the City's view that it has done all that can be done. Vice Mayor Schuldt indicated that the situation has improved since the Tyler Street Project has taken place. COUNCILMEMBER HOLMGREN MOVED NOT TO AUTHORIZE THE FILLING OF THE RAVINE AND THE REMOVAL OF THE GUARDRAIL LOCATED ADJACENT TO THE CURTIS PROPERTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. B .1. Economic Development Annual Report-LBijl Rubin e Bi 11 Rubin, Economic Development Coordinator, presented the Economic Development Annual Report to the City Council. The report focused on 1990 accomplishments, upcoming legislation, and future goals. The Council recessed at 9:35 p.m. and reconvened at 9:45 p.m. 8.2. Admil}istration Annual Report/Sandra Thackeray Sandra Thackeray, City Clerk, presented the Administration Annual Report to the City Council. The report focused on the everyday tasks of the Administration Office, 1990 accomplishments and goals for 1991. 5.2. Personnel Job Description~ It was the consensus of the City Council to table this item until there is a full Council. 5.3. S..R_~_QL&J Assessment ij,ea.QPQrt.Lon1!1ent COUNCILMEMBER HOLMGREN MOVED TO APPROVE A SPECIAL ASSESSMENT REAPPORTIONMENT FOR PARCEL #75-131-1103. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.4. Special City Council Meetin~ e COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING ON WEDNESDAY, FEBRUARY 13, 1991, FOR THE PURPOSE OF HOLDING A PUBLIC HEARING REGARDING LAND PURCHASE FOR SLUDGE DISPOSAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. e e e City Council Minutes January 28, 1991 Page 6 5.5. Road Side Mower Quotes COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE PURCHASE OF A TIGER MOWER FOR THE STREET DEPARTMENT AT A PRICE OF $11,500. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.6. Baler Purchase for Liquor Store COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE PURCHASE OF A BALER FOR THE LIQUOR STORE FROM E.P. BALER MANUFACTURING, INC AT A COST OF $3,795 WITH THE MONEY TO COME FROM LIQUOR STORE PROCEEDS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.7. Old City Hall Demolition The City Administrator indicated that it is the consensus of the City Council to remove the old Ci ty Hall building but a formal motion is necessary to get the project underway. He indicated that Phil Hals, Street Superintendent will be the project manager. COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO PROCEED WITH THE REMOVAL OF THE OLD CITY HALL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.8. Police Department Truck Scale The City Administrator explained that the City has received several complaints regarding the fact that there has been an increase in the truck traffic on local City streets. He indicated that in order to enforce the weight restrictions on city streets, the City would like to purchase a truck scale to weigh the trucks. Councilmember Dietz indicated that it appears that there is one main offender and suggested sending a warning letter to this offender and see if the problem ceases. He further suggested that the Police Department watch the situation and report their findings to the Council regarding the number and type of trucks using alternate routes. Councilmember Schuldt indicated that he would like to table a decision on this item until a full Council is present. 5.9. Public Hearin~ Date to modify TIF Districts 1 & 3 The City Administrator indicated that the City has not had a response from Ms~ Jenne regarding the City's offer to purchase her property. He indicated that the City should not set a public hearing date to modify TIF Districts 1 & 3 until the City receives a response from Ms. Jenne. 9. Check Re~ister COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. e e e City Council Minutes January 28, 1991 Page 7 ------------------------------ 10. ~oard of Equalization COUNCILMEMBER HOLMGREN MOVED TO CALL A MEETING OF THE BOARD OF EQUALIZATION FOR THURSDAY, APRIL 11, 1991, AT 6:00 P.M. AT A LOCATION TO BE DETERMINED BY THE COUNTY ASSESSOR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 11. City Administrator Update No information was presented under this item. 12. A-gjou_rnment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. The meeting of the Elk River City Council adjourned at 10:40 p.m. ~~ Sandra Thackeray City Clerk