09-23-1991 CC MIN
e
e
e
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, SEPTEMBER 23, 1991
Members Present:
Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt
and Holmgren
Members Absent:
None
Staff Present:
Steve Rohlf, Building and Zoning Administrator; Lori
Johnson, Finance Director; 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 9/23/91 City Council A~enda
Items 5.3. - Joint Meeting with County Board, and 5.4. - Deerfield 4th
were added to the agenda.
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 9/23/91 CITY COUNCIL AGENDA
AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
3.1
Consider 9/16/91 Minutes of the Rellular City Council Meetin~
Councilmember Schuldt indicated he would like the minutes to reflect
that he abstained' from the vote for Item 6.1 because he is an officer
of the American Legion. Councilmember Schuldt further stated that he
would like the minutes to reflect that he voted against the Check
Register.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 9/16/91 MINUTES OF THE
REGULAR CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER KROPUENSKE
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
3.2 Consider 9/16/91 Minutes of the Closed Citv Council Meeting
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 9/16/91 MINUTES OF THE
CLOSED CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
4.
Open Mike
Deric Glowacki, 19255 Lander Street, indicated that he has a complaint
regarding a barbed wire fence erected by his next door neighbor. Mr.
Glowacki indicated that the barbed wire fence is dangerous and that it
should not be allowed in a residential area. He further indicated that
the fence is placed 3 to 3.5 feet from the curb line causing obstructed
visibi li ty and that it is unsightly as the poles are spaced unevenly.
City Council Minutes
September 23, 1991
Page 2
It
Mr. Glowacki also indicated he had four children and was concerned for
their safety and also stated that he is speaking for the other children
in the neighborhood. He stated the fence is dangerous and that the
City should have a more strict ordinance regarding fencing.
Angela Patenaude indicated she was Mr. Glowacki's next door neighbor
and stated that the reason the fence was constructed was because they
have not been able to get along with their neighbors. She stated that
she has planted lilac bushes between the neighbor and themselves and
the neighbor has broken the bushes. She stated that they had a
different type of fencing with posts also and the neighbor kept running
into the fence posts and breaking the fence. She further indicated
that the neighbors had a dog that came into her yard frequently. She
stated that after the Ci ty had spoken to her regarding the danger of
the barbed wire fence, her husband removed the barbs and she indicated
that the fence will be moved further away from the curb.
e
Steve Rohlf indicated that Janelle Szklarski had ordered the fence
removed because it was unsafe. He stated that the Patenaude's
responded by removing the barbs. Janelle Szklarski reinspected the
fence after the barbs were removed. Steve Rohlf indicated he had also
inspected the fence and it was felt by staff that the safety concerns
were taken care of. Steve Rohlf indicated that the City has no
ordinance regarding fences and, therefore, this matter is being treated
under the nuisance ordinance. He stated that a fencing ordinance will
be considered this winter.
Mayor Tralle indicated that he agreed with staff that the fence is not
dangerous because the barbs have been removed. He indicated that he
felt the problem between the neighbors did not revolve around the fence
but went deeper. He suggested that he arrange for a mediator to help
the neighbors resolve their differences. The Council agreed that the
fence could remain.
5.1. Zone Change ReQuest R-2b to C-3/John Weicht
Mayor Tralle indicated that this item was tabled from the 9/16/91 City
Council meeting so that the petitioner could contact all property
owners to determine whether the request could be changed to zone change
the property to PUD rather than C-3.
John Weicht indicated he had written requests from 5 of the 6 property
owners to change the zone change request to a PUD and that he has
received a verbal consent from the other property owner.
Steve Rohlf indicated he wouJd suggest that a feasibility study be done
for the entire area.
e
COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-2'0 AN ORDINANCE
AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY FROM
R-2b/TOWNHOUSE AND MULTI -FAMILY RESIDENTIAL TO PUD/PLANNED UNIT
DEVELOPMENT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
City Council Minutes
September 23, 1991
Page 3
e
COUNCILMEMBER KROPUENSKE MOVED ORDER A FEASIBILITY STUDY FOR PUD AND
SURROUNDING AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED AMEND THE LAND USE MAP TO REFLECT HIGHWAY
BUSINESS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
5.2. Revised Ash Loadout Building for United Power Association
Steve Rohlf indicated that liPA is proposing a new ash load out
building. He indicated that he had contacted the City Attorney
regarding the interpretation of UPA' s conditional use permit. He
further stated that staff feels that the new proposed ash loadout
building will not require an amendment to the conditional use permit
and further felt that the building may be an improvement over the
present building.
Steve "Rohlf distributed a letter from John Lichter, the City's
Environmental Consultant, regarding this issue. He indicated that John
Lichter's recommendation. is to accept the changes and monitor the
affecti veness of the system and work with UPA staff on any problems
that may develop.
e
Steve Shurts, from UPA, was present to address the matter.
It was the consensus of the City Council to allow the new ash loadout
building to be constructed without an amendment to the conditional use
permit.
5.3. Joint Meetin~ with the County Board
Mayor Tralle indicated that the County has requested a joint meeting
with the City Council and County Board to discuss Ditch #28. Mayor
Tralle indicated that he would like to meet with the County regarding
this item. However, he asked for a delay in the meeting as he feels
the Ci ty should become more informed about State Statutes in relation
to ditches prior to meeting with the general public. Mayor Tralle also
indicated that he would prefer that the City Engineer and City Attorney
be present at the meeting. He further indicated he felt it would be
appropriate for the City Council and the County Board to hold a joint
workshop meeting so that the City can become familiar with the
problems. He suggested following that meeting with a public hearing.
It was the consensus of the City Council to set a tentative date of
October 9, at 7:30 p.m. at the Community Education Building to hold a
joint City Council/County Board meeting.
5.4. Deerfield 4th Addition
e
COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING ON OCTOBER 15,
AT 6: 00 P. M. TO BE HELD AT CITY HALL PRIOR TO THE 7: 00 JOINT CITY
COUNCIL/PLANNING COMMISSION WORKSHOP FOR THE PURPOSE OF DISCUSSING
City Council Minutes
September 23, 1991
Page 4
e
MATTERS IN THE DEERFIELD 4TH ADDITION. COUNCILMEMBER KROPUENSKE
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6. General Liability Insurance Update
Lori Johnson, Finance Director, indicated that all of the general
liability and property insurance quotes had not yet been received for
the October 1 renewal. She further indicated the Minnesota League of
Cities is the only company that will insure the dam and beach. Council
consensus was to continue coverage with the League of Minnesota Cities
Insurance Trust. She further stated that Dan Greene will be present on
October 7 or 21 to discuss the details with the Council.
The Council recessed at 8:20 p.m. and reconvened at 8:30 p.m.
7. En~ineerin~ Update from City En~ineer
Terry Maurer updated the Council on several current engineering issues.
Proctor Avenue Construction Update
Terry Maurer updated the Council on the Proctor Avenue construction
project. He indicated that the blacktopping of the driveways will
begin tomorrow and the second layer of blacktop will be laid soon.
e
John Dietz discussed the flooding at TLC Daycare. Terry Maurer
indicated that the flooding occurred mainly because the contractor had
not completed moving the dirt on the property.
The Council discussed some of the problems that were experienced during
the Proctor Avenue project. The City Engineer indicated that most of
the problems had occurred because of a subcontractor and further
indicated that the general contractor is aware of the situation.
Fillmore Street Construction Update
Terry updated the Council on the condemnation process for acquIrIng the
right-of-way. He indicated that he feels most of the property owners
will negotiate the right-of-way out of Court.
Naples/186th Update
Terry Maurer updated the Council on the Naples Avenue Street project.
He stated the City has still not received acknowledgements for
easements from all but three of the property owners. He indicated that
he would submi t a memo to the Ci ty Council and staff regarding the
current status ~f this project.
Trunk Hi~hway 169/Main Street Intersection
e
Terry Maurer indicated that he has received verbal information from
MnDOT stating that this project will be funded. The formal notice of
funding should be coming soon. He indicated that he would like to have
the hid opening in January to get the project moving.
City Council Minutes
September 23, 1991
Page 5
e
Elementarv School Improvement Status
Terry Maurer indicated that bids are scheduled to be opened for the new
Elementary School on October 1. He expressed concern that the School
District was proceeding with their project prior to the bids being
opened.
Westwood Area Improvements/Informational Meeting
Terry Maurer informed the Council that a special meeting has been set
for September 30 to present the feasibility study to the residents in
the Westwood area. Mayor Tralle indicated that he would like the staff
and Council to consider the possibility of eliminating the SAC and WAC
charges from the project in order to make the cost more feasible to the
home owners.
Discussion was held regarding the fact that this could set a precedent
for other sewer and water projects.
Main Street Brid~e Update
e
Terry Maurer updated the Council on the Main Street Bridge project. He
indicated that the preliminary plans are being reviewed by MnDOT.
Terry further indicated final plans would be submitted when review
comments are received and that it is anticipated that the project will
begin in 1992. He stated that a feasibility study has been ordered to
bring sewer and water across the dam to the fairgrounds.
Waco Alignment Bridge Update
Terry Maurer informed the Council that he is working together with the
DNR and the Corp of Army Engineers regarding the best alignment for the
bridge. When a proposed alignment is determined it will be presented
back to the City Council for approval.
Fencing of Downtown Hole
Terry Maurer indicated that he has been working with Phil Hals
regarding the specifications for the fence. He stated he is using
MnDOT's specifications for a cyclone fence and felt this would limit
liability to the City. A quote of approximately $1050 was received by
Phil to fence 140 linear feet which is equal to what is currently
fenced.
Assessment Manual Revisions
Terry Maurer stated that there are several reVISIons that will be made
to the City's assessment manual. This work will be accomplished during
the winter months.
e
Barrington Hills Addition Status
City Council Minutes
September 23, 1991
Page 6
e
Terry Maurer stated that he has recei vedno
Santwire as to when the project will continue.
it is getting too late for road construction.
information from Gary
He stated that he felt
Orono Heights Addition Status
Terry Maurer indicated that a preliminary plat proposal for Orono
Heights Addition will soon be before the City Council. He stated that
this addition is in the sewer and water district and that the staff
will be recommending that the plat hookup to sewer and water. He
stated that sewer is available at the present time; however, water will
not be made available until next year as it is being coordinated with
the City Hall utility improvement project.
Mayor Tralle indicated to the Building and Zoning Administrator that
the developers should be informed that they will be required to hookup
to sewer and water.
Terry Maurer stated that charges for trunk sewer and water should be
collected by the developers.
Trunk Highway 169/Jackson Avenue Signal Resolution
e
Terry Maurer updated the Council on the progress of the Highway
1n9/Jackson Avenue signal. He indicated that if the City feels this
project should move forward, then plans and specifications should be
ordered.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-54, A RESOLUTION
REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INITIATE A
SIGNAL INSTALLATION PROJECT AT THE INTERSECTION OF TRUNK HIGHWAY 169
AND 193RD AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Tennis Courts
Terry Maurer updated the Council on the progress of the tennis courts
for the School District. He indicated that they would be completed
soon.
DeMars Drainage
Terry Maurer indicated that Phi 1 Hals has received approval from the
owner to install drainage pipe south of Industrial Hardfacing under
County Road 13. Quotes are currently being solicited. It is
anticipated funding will be a combination of City and County.
225th East of Highway 169
e
Terry Maurer indicated that this street is very high and has bad sight
distance. He indicated that Phil has received verbal approval for
slope easements. Phil is working with Krueger's to accomplish
regarding of the street to improve the vertical alignment.
e
e
e
City Council Minutes
September 23, 1991
Page 7
8.
Other Business
Sandy Thackeray, City Clerk, questioned whether any of the
Councilmembers would be attending the annual Chamber dinner.
Sandy Thackeray, Ci ty Clerk, questioned whether any of the
Council members would be interested in riding in the Homecoming Parade.
It was the consensus of the Council that all would participate in the
Parade, except for the Mayor as he had previous commitment.
9. Adjournment
There being no further business, COUNCILMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The meeting of the Elk River City Council adjourned at 9:45 p.m.
Respectfully submitted,
Ii '"
'Y/;~^h~~
Sandra Thackeray /
City Clerk