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02-26-1990 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 26, 1990 MEMBERS PRESENT: Mayor Tralle, Councilmembers Schuldt, Holmgren and Dobel MEMBERS ABSENT: Councilmember Kropuenske STAFF PRESENT: Pat Klaers, City Administrator; Greg Korstad, City Attorney; Stephen Rohlf, Building and Zoning Administrator; Sandy Thackeray, City Clerk; Russ Anderson, Fire Chief; Dick Fursman, Economic Development Coordinator; and Cliff Skogstad, Building Official 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. Consider 2/26/90 City Council A~enda Items 5.7, Building and Zoning Administrator Update, and 10.1 and 10.2, Councilmember Schuldt and Mayor Tralle Updates, were added to the agenda. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 2/12/90 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 2/12/90 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVED THE 2/12/90 CITY COUNCIL MINUTES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike No one appeared for this item. 5.1. Consider Resolution Re~ardin~ Or~anized Garba~e Haul Routes/Public Hearin~ Mayor Tralle indicated that the City is considering the organization of garbage haul routes in Elk River. Greg KOl'stad, City Attorney, stated that Minnesota Statutes authorizes the Ci ty to establish organized collection of solid waste. He indicated that after the adoption of a resolution of intent to study organized collection, the City begins a study period of no less than 90 days to decide whether the City wants to have organized collection. He stated that the purpose of the resolution is to establish a plan for studying organized garbage haul routes. City Council Minutes February 26, 1990 Page 2 . Mayor Tralle opened . the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Steve Rohlf, Building and Zoning Administrator, indicated that it was his intent to see that the existing garbage haulers in Elk River have top priority when it comes to the City hiring the garbage haulers for the organized collection. He questioned whether there was some mechanism in the law to assure that the existing haulers could retain their businesses in the City. He suggested inserting a paragraph in the resolution indicating that the City would only consider those haulers which are currently operating in the City of Elk River. Greg Korstad, City Attorney, stated that the only purpose of the resolution is to establish a plan for studying organized collectiou. After further discussion of this matter, it was the consensus of the Council that the Council would make a separate motion stating their intent to give priority to existing haulers and not add it to the Resolution.. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-8, A RESOLUTION OF INTENT TO STUDY ORGANIZED COLLECTION FOR A MINIMUM OF 90 DAYS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e COUNCILMEMBER HOLMGREN MOVED THAT THE CITY COUNCIL DIRECT STAFF TO PLACE A PREFERENCE AND PRIORITY ON EXISTING HAULERS AND FURTHER THAT IT IS THE CITY'S INTENT TO PROTECT CURRENT BUSINESSES WITHIN THE COMMUNITY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2 Impact Fee Discussion Mayor Tralle indicated that the Planning Commission has reviewed the subject of impact fees. He stated that the concept of impact fees would be used for issues such as police, fire, park systems, roads, etc. Steve Rohlf indicated that the purpose of the memo was to familiarize the Council with discussion and recommendations by the Planning Commission on the subject of impact fees. He indicated that impact fees should be charged where there is a lack of funding which is contributed directly to new development. He further indicated that the Planning Commission is recommending impact fees for streets, storm sewer, and other miscellaneous items such as street lights. Mayor Tralle indicated that the Council would review the subject of impact fees and bring the matter back to the City Council at a following meeting for adoption. 5.3 5.4 Zonin~ Assistant Update on Hirin~ RecYclin~ Coordinator e Steve Rohlf indicated that City staff has reviewed the 73 applications received for the zoning assistant position. He indicated that staff interviewed 4 of the 73 applicants and that staff is recommending that Janelle Szklarski be hired for the position of zoning assistant. City Council Minutes February 26, 1990 Page 3 . The City Administrator indicated that the City has received approximately 80 applications for the Recycling Coordinator. He stated that he will be reviewing these applications along with other staff members. The City Administrator further stated that one of the zoning assistant applicants who was interviewed for the zoning assistant position, has a recycling background. He indicated that the City would like to consider hiring this individual as the recycling coordinator and as the recycling tasks become less involved and take less time, then this person assist the Zoning Administrator. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO HIRE JANELLE SZKLARSKI AS ZONING ASSISTANT FOR THE CITY OF ELK RIVER WITH A SALARY RANGE OF $20-26,000 TO BE NEGOTIATED BY STAFF. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5 Solid Waste Facility Interpretation e The Building and Zoning Administrator indicated that the City anticipates receiving requests for recycling redemption centers within the City limits in the near future. He indicated that the present ordinance would classify a recycling center dealing with material that has been disposed of as a solid waste facility. The Building and Zoning Administrator further stated that he interprets a recycling redemption center that takes source separated material as not being a solid waste processing facility. He stated that the advantage to this interpretation would be not having to zone change a parcel to a solid waste overlay district to accommodate a recycling redemption center. After discussion it was the consensus of the City Council to agree with the interpretation of the Building and Zoning Administrator and directed staff to draft an ordinance amendment that clarifies this interpretation. The Council recessed for ten minutes. 5.6 Discussion on Moratorium Outlot A Deerfield III e Steve Rohlf indicated that the Council had previously set a moratorium on property development for Outlot A in Deerfield III Addition. He indicated that the moratorium was placed on Outlot A due to the planning study taking place to the north of this property. He indicated that the owners of the property, Elk River Development Corporation, are requesting that the Council consider letting the Planning Commission act on Outlot A when they are finished reviewing the planning study in that area and prior to the Council reviewing the planning study. Owners of the Elk River Development Corporation were present. Mayor Tralle indicated that the City Attorney is recommending that the City wait until the planning study is finalized by t11e City Council before hearing any requests for Outlot A in order to eliminate any possibility of the Planning Commission's actions on Outlot A being inconsistent with the City Council's actions on the Planning Study. Jerry Smith of the Elk River Development Corporation questiollcd how long the moratorium would remain in effect. Mayor Tralle indicated that he did not anticipate the moratorium being any longer than six months. It was the consensus of the City Council to continue the City Council Minutes February 26, 1990 Page 4 e moratorium until the planning study is complete and further that it is the City's intent to finish the study as soon as possible. Jerry Smith questioned whether the Council would consider allowing the existing Deerfield IV sign as a temporary sign which advertises the Deerfield IV Addition. Steve Rohlf, Building and Zoning Administrator indicated that the sign must be within the plat boundary in order to be a permitted use. He indicated that the sign is not within the Deerfield IV subdivision and therefore it is not a permitted use. 5.7 RDF Update Steve Rohlf, Building and Zoning Administrator, distributed a letter to the Council which he had sent to Glen Kaas of the NSP Resource Recovery Facility. He indicated that the letter was a summary of the City's actions regarding the recent incident of the radio-active elements possibly being delivered to the Elk River RDF Facility. Mr. Rohlf discussed the incident with the Council. Mayor Tralle indicated that he felt the Building and Zoning Administrator made the proper decision and acted in a professional manner. 5.7a AmericInn Update e The City Administrator indicated that it has been brought to the attention of the City staff that the State Fire Marshal's Off ice has advised the hotel developers that they will not be given a State license for operating unless their structure is sprinkled. He indicated that the City would allow area separation walls as an alternative to sprinkling the building, but that the Fire Marshal has stated that they will not recognize the section of the building code which does allow area separation walls. The City Administrator indicated that staff has advised the hotel developers that they will not receive a building permit from the City until this issue is resolved. Cliff Skogstad, Building Official, indicated that he had checked with several other cities, all of who felt the separation walls were a proper application. Dave Cremons, Attorney for Rob VanValkenburg and Mike Leary, indicated that he had talked to the State. The State indicated that the 1985 Building Code was still in effect and that the 1988 Building Code may go into effect soon. He further indicated that the State gave them the indication that the plans for the hotel were adequate which included the area separation walls~ Russ Anderson, Fire Chief, indicated that the State Fire Marshal has made a stand on this issue by indicating that the building must be sprinkled in order to open. e Mr. Dave Cremons indicated that should the developers have to add sprinkling to their building, they would be put in a financial bind due to the cost for sprinkling. He indicated that they would like the City to consider participating in some of the cost for adding sprinklers. Mayor Tralle indicated that the City would be willing to help out by making phone calls, if requested, or in any other way that was City Council Minutes February 26, 1990 Page 5 e feasible. He further requested the developers to keep him informed of the situation. Pat Klaers, City Administrator, indicated that at soon as the City hears that the State will allow for the hotel to be occupied, the City will issue a building permit. 6. Plannin~ Commission Discussion Peter Kimball, Planning Commission Representative, was present. The Council reviewed with Mr. Kimball the Elk River Planning Commission Education, Conference and Convention Policy. The policy was accepted by the Council with revisions made to numbers 4, 9, and 10 of the policy. COUNCILMEMBER DOBEL MOVED TO APPROVE THE PLANNING COMMISSION CONFERENCE POLICY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Commissioner Kimball briefly reviewed with the Council the meeting the Planning Commission had with the billboard industry regarding signs and billboards. Peter also reviewed with the Council the upcoming March 6 public hearing on the BRW planning studies. e 7. City Newsletter The City Administrator indicated that the City Council has discussed the concept of a citywide newsletter. Mayor Tralle indicated that he felt a newsletter was definitely a need of the City because there is a level of communication with the citizens that is expected. Mayor Tralle indicated that he felt that the newsletter should be strictly a City of Elk River newsletter and should be published six times per year. The City Administrator indicated that he had received a bid from the Star News of $764.75, which would include charges for production, printing, folding, and delivery to Elk River residents only. He further indicated that Don Heinzman has proposed the name of the newsletter to be "The Current" portraying the rivers. It was the consensus of the Council to accept the bid from Elk River Star News and that the newsletter be printed six times per year during even numbered months and that the newsletter be delivered to Elk River residents only. 8.1 Sanitary Sewer Department for Used Truck The City Administrator indicated that Darrell Mack, Wastewater Treatment Plant Superintendent, is requesting the purchase of a used truck. He indicated the truck would provide the sewer department with the capability of pulling pumps and motors but of lift stations. He further indicated that this used truck would replace a 1991 request for a new truck. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PURCHASE OF A USED TRUCK FOR THE SEWER DEPARTMENT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. . e e City Council Minutes February 26, 1990 Page 6 8.2 Si~n Pro~ram COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-9, A RESOLUTION APPROVING THE 1989 SIGN REPLACEMENT PROGRAM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.3 Cable TV Lawsuit Settlement The City Administrator indicated that the City, as a member of the Cable Commission, was involved in a lawsuit against the Cable TV Franchise owners, Jones Intercable. He stated that the Cable Commission and the Cable Commission Attorney are recommending settlement of the lawsuit. He further indicated that staff is recommending adoption of the settlement agreement and of the enclosed ordinance which reflects the changes in the franchise agreement. COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE SETTLEMENT AGREEMENT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 90-3, AN ORDINANCE OF THE CITY OF ELK RIVER WHICH AMENDS THE CABLE TV ORDINANCE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.4 Street/Park Department 1989 Annual Report This report was tabled until the March 5, Council meeting. 8.5 Fire Department 1989 Annual Report Russ Anderson, Fire Chief, presented the Fire Department 1989 Annual Report. He indicated that at the present time, the Fire Department has 35 firefighters and stated that this number would be sufficient until such time that a satellite fire station would be needed. The Council discussed the number of ambulance calls and the question of whether or not the City would have to either hire more ambulance people to keep up with the number of calls or possibly hire an auxiliary. The Council discussed the full time status of the Fire Chief, the building expansion and the new truck. The City Administrator indicated that the Fire Chief is spending more time on plan checks and inspections with the Building and Zoning Department. The Council thanked the Fire Chief for the annual report. 8.6 Call 2/28/90 Special City Council Meetin~ COUNCILMEMBER DOBEL MOVED TO CALL A MEETING OF THE ELK RIVER CITY COUNCIL ON 2/28/90, TO BE HELD AT THE ELK RIVER CITY HALL AT 7:00 P.M., FOR THE PURPOSE OF CAPITAL IMPROVEMENT WORKSESSION. COUNCILMEMBER. HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Administrator handed out a memo for review prior to this Capital Improvement Worksession and asked the Council to review the 1/31/90 minutes. . City Council Minutes February 26, 1990 Page 7 8.7 Call 3/12/90 Special City Council MeetinJ?: and EDA MeetinJ?: COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL ON MARCH 12, 1990, TO BE HELD AT THE ELK RIVER CITY HALL AT 7:00 P.M., AND FURTHER THAT AN EDA MEETING WOULD FOLLOW THE CITY COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. City Administrator Update The City Administrator had no business for this item. 10. Other Business Mayor Trallehanded out a memo to the Council and City staff regarding Lake Orono. Mayor Tralle indicated that this item would be discussed at the February 28, CIP meeting. 11. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. ~ The meeting of the Elk River City Council adjourned at 11:10 p.m. e