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07-01-1991 CC MIN . e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 1, 1991 MEMBERS PRESENT: Mayor Tralle, Councilmembers Holmgren, Schuldt, and Kropuenske MEMBERS ABSENT: Councilmember Dietz was absent due to the death of his grandmother STAFF PRESENT: Pat Klaers, City Administrator; Cliff Skogstad, Building Official; and Sandra Thackeray, City Clerk 1. Call Meetin~ to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 7/1/91 City Council A~enda COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 7/1/91 CITY COUNCIL AGENDA. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.1. Consider 6/10/91 City Council Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 6/10/91 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.2. Consider 6/17/91 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 6/17/91 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike No one appeared for this item. 5.1. 173rd Ave NW Railroad Crossin~ Improvement Pat Klaers indicated that a draft agreement has been prepared for the improvement of the 173rd Avenue railroad crossing. He stated that the draft agreement requires the Council to decide whether to use a wood timber panel crossing at an estimated cost of $48,200, or a prefabricated rubber crossing at an estimated Cost of $75,100. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF ELK RIVER AND BURLINGTON NORTHERN RAILROAD COMPANY FOR THE UPGRADING OF 173RD AVENUE RAILROAD City Council Minutes July 1, 1991 Page 2 e CROSSING USING A WOOD TIMBER PANEL. THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN SECONDED 5.2. Review Standards for SAC Fees Cliff Skogstad, Building Official indicated that Staff has been reviewing the SAC charges for schools and similar semi-public buildings. He stated that SAC charges are based on occupancy load. The occupancy load can be calculated by different formulas from the City ordinance and the Metropolitan Waste Control Commission standards. To further complicate the matter, the the Church and School District also have a different method of determining occupancy load. Cliff Skogstad reviewed the difference in the methods of calculation and fees for SAC charges between the MWCC standards, the City ordinance, and the requests from the School and Church. COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE SAC CHARGES FROM "ITEM #3" OF THE 6/27/91 STAFF MEMO WHICH IS BASED ON THE OCCUPANT LOAD GIVEN BY THE CHURCH AND THE SCHOOL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. e COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE CITY TO REVIEW THE CITY ORDINANCE PERTAINING TO SAC CHARGES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Consider Ordinance Amendment to Sections 800.14 and 408 of the City Code/Consumption of LiQuor in Public Places The City Clerk informed the Council that Staff is requesting an ordinance amendment to the Liquor Ordinance prohibiting the consumption of alcoholic beverages in public places and on public beaches. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-12, AN ORDINANCE AMENDING SECTIONS 800.14 AND 408 OF THE CITY CODE RELATED TO CONSUMPTION OF LIQUOR IN PUBLIC PLACES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4_0. The City Clerk informed the Council that the entire liquor ordinance was amended in 1990. Included in that amendment was an increase in the amount of required liquor liability coverage. The City increased the requirement from the State minimum of $100,000 to $500,000. The Clerk informed the Council that only two establishments have increased their coverage to $500,000 and the remaining establishments have coverage of either $100,000 or $300,000. She also informed the Council that she has received several complaints from the liquor licensees regarding the increase in coverage. e The Council raised a concern regarding the possibility of the City's liability in not requiring all establishments to carry $500,000 of coverage which is required by ordinance. It was the consensus of the Council to authorize the City Clerk to research this item further and bring it back to the Council for a decision on July 15. The Council also instructed the City Clerk to send letters to all liquor licensees informing them that liquor liability coverage will be reviewed by the City Council Minutes July 1, 1991 Page 3 - Council on the 15 of July and further that the licensees have one month from July' 1 to raise their insurance coverage to $500,000 should the Council choose not to decrease the liquor liability coverage amount. COUNCILMEMBER HOLMGREN MOVED TO CHANGE THE EFFECTIVE DATE OF JULY 1 TO AUGUST 1 FOR THE REQUIREMENT OF $500,000 LIQUOR LIABILITY COVERAGE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Consider Health Committee Ordinance The Council reviewed the Health Committee Ordinance prepared by the Ci ty Attorney. The City Administrator indicated that this Ordinance has also been reviewed by Health One's Attorney. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-13, AN ORDINANCE CREATING A CITY HEALTH CARE DELIVERY COMMISSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e Councilmember Kropuenske indicated that he had been in contact with Mary Jo Swanson and felt she would be a good candidate to serve as a citizen representative on the Health Commission. It was the consensus of the Counci I to contact Mary Jo Swanson and request her to appear before the Council 15 minutes prior to the July 15 meeting for an interview. 5.8. Consider Final Payment for Rip Rap Project COUNCILMEMBER HOLMGREN MOVED TO APPROVE PAYMENT OF FINAL PAY ESTIMATE #2 IN THE AMOUNT OF $1,982.50 TO VEIT AND COMPANY, INC. FOR THE COMPLETION OF THE RIP RAP PROJECT ALONG THE MISSISSIPPI RIVER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Consider Bids for Demolition of old City Hall Phil Hals indicated that bids were received from 9 contractors for the demoli tion of old City Hall. Vei t and Company was the low bidder at $14,693.00. The Council discussed the practicality of the City burying the debris at Hillside Park versus having it recycled. It was the consensus to add a change order to the Veit Bid allowing them to recycle the material. COUNCILMEMBER SCHULDT MOVED TO REQUEST THE STREET SUPERINTENDENT TO ADD A CHANGE ORDER TO THE VEIT BID FOR RECYCLING OF THE DEBRIS FROM OLD CITY HALL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO AWARD THE BID FOR THE DEMOLITION OF OLD CITY HALL TO VEIT & CO., INC. AT $14,693.00. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. - 5.4. Consider Mower Bids Phil Hals indicated front-mounted mower. that the City received 3 bids for a new The City Administrator indicated that the Council City Council Minutes July 1, 1991 Page 4 e had previously authorized the purchase of one 6 foot cut mower and one 12 foot cut mower. He indicated that staff is reconsidering the need for one small mower and one large mower due to the possibility of the City maintaining the school district athletic fields. It was the consensus of the Council to review item 5.5 prior to making a decision on this issue. 5.5. Review Park and Recreation ReQuests The Council discussed the extent of City commitment and participation in the youth recreation programs; field development and maintenance; and with future school district recreation improvement projects. Discussion was also held regarding the joint City/School site (near the Community Education building) and the fact that the School District is proposing to build the school public works building on City property. The City Administrator indicated that the School District has submitted a Conceptual Plan for the City's review. He further indicated that Staff is looking for a consensus to move forward in refining this plan. e Councilmember Kropuenske suggested implementing a user based fee to prevent the full additional tax burden from falling on the Elk River taxpayers for the maintenance of athletic fields. Councilmember Holmgren indicated that it has already been on record that the Council favors the user fee approach. Councilmember Schuldt indicated that he does not feel it is fair to the Elk River residents for the City of Elk River to use City funds, equipment and manpower for school recreation improvement projects because the Elk River residents would be double-taxed from both the School District and the City. Mayor Tralle indicated he would like to discuss this issue at a future meeting with a representative of the School District. It was the consensus of the Council to have staff continue discussions wi th the School District and further that there were no problems with the concept presented by the School District other than legal questions that may have to be resolved pertaining to the location of the buildings. It was also the consensus of the Council that Dr. Flannery be informed of the Council's feelings toward the user fee theory and further that the Council feels it may not be appropriate for the City to maintain existing school athletic fields. 5.4. COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE BID FROM MACQUEEN EQUIPMENT FOR THE EXCEL HUSTLER MODEL 340 IN THE AMOUNT OF $24,500 TO INCLUDE THE ROLL-OVER PROTECTION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. e Councilmember Kropuenske requested Phil Hals to negotiate a possible price break should the City purchase another 12 foot mower by July 25, 1991. THE MOTION CARRIED 4-0. ."",.. City Council Minutes July 1, 1991 Page 5 e 6. Other Business Councilmember Schuldt noted that he has become aware of several violations of the Conditional Use Permit for the billiards "Players Club." He indicated that there is not an adult managing the club at all times; closing time as gone as late at 2:30 a.m.; minors have been drinking in the parking lot; and the owner has been charging $1.00 to enter the establishment. Mayor Tralle indicated that the owner is in jeopardy of losing his license due to not following the rules of the conditional use permit. It was the consensus of the Council to direct the Building and Zoning Administrator to discuss this matter with the owner of the Players Club. 7. Check Re~ister COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Park and Recreation ReQuests e The City Administrator indicated that he needed a decision from the Council regarding the School District's request to have the City pay the engineering fees for the tennis courts. COUNCILMEMBER KROPUENSKE MOVED TO DENY THE REQUEST FOR THE CITY TO PAY THE ENGINEERING FEES FOR THE SCHOOL DISTRICT TENNIS COURTS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. City Administrator Update The City Administrator updated the Council on the progress in the purchase of Proctor Avenue easements and Fillmore Street Rights-of-way. The City Administrator discussed his Employment Agreement regarding the provision that he be allowed to take a five week leave after five years of service. He indicated that he feels he can only fit in a three week leave with the present work load and the necessity of completing the budgets by August 26. Mayor Tralle suggested that the Administrator take a three week leave and the City buyout the remaining two weeks. The City Administrator was agreeable to this concept. Councilmember Holmgren indicated he is initially opposed to this as the intent of the leave was to take five weeks away from the office for rest and relazation reasons. e It was the consensus of the Council to review this at a future Council meeting. 9. Adjournment e e e City Council Minutes July I, 1991 Page 6 There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 9:10 p.m. jkur~C< JNLd~1C&;I . elL Sandra Thackeray City Clerk