04-30-1990 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL 30, 1990
Members Present:
Mayor Tralle, Councilmembers Schuldt, Holmgren, Dobel
and Kropuenske
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Sandy Thackeray, City
Clerk; Gary Schmitz, Recycling Coordinator; Tim Keane,
City Attorney; Steve Rohlf, Building and Zoning
Administrator
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 6:00 p.m.
2. Consider 4/30/90 City Council A~enda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 4/30/90
AGENDA. COUNC I LMEMBER KROPUENSKE SECONDED THE MOTION.
CARRIED 5-0.
CITY COUNCIL
THE MOTION
3.1 Consider 4/12/90 Board of Review Minutes
COUNCILMEMBER DOBEL MOVED TO APPROVE THE 4/12/90 BOARD OF REVIEW
MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
3.2 Consider 4/23/90 City Council Minutes
Councilmember Schuldt indicated that he would like the following added
to Page 2, Item #5; "Councilmember Schuldt stated his concern regarding
whether the ordinance would address the channel speed under the Highway
10 bridge and also whether the ordinance would address remote control
ski boats".
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 4/23/90
MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
CARRIED 4-0. Councilmember Dobel abstained.
CITY COUNCIL
THE MOTION
4.1
Discussion with Garba~e Haulers
Gary Schmitz, Recycling Coordinator, stated that staff has met with
four local garbage haulers to discuss the direction of the City of Elk
Ri ver curbside recycling program. He stated that the garbage haulers
were present to discuss their concerns with the Council. Gary Schmitz
stated that the Council had previously requested staff to research
voluntary recycling as opposed to mandatory recycling as they felt that
phasing in mandatory recycling may be easier to accept for the Elk
River residents.
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April 30, 1990
Page 2
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The Council discussed the number of homes that do not have garbage pick
up at the present time. It was estimated that there are about 200 to
300 homes that do not have garbage pick up. Discussion was held
regarding the billing process with mandatory versus voluntary pick up.
It was indicated that mandatory pick up would require City billing.
The garbage haulers indicated that their consensus was that they would
like to see mandatory garbage service with guaranteed payment.
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Councilmember Holmgren raised the question of raising the rates for
homeowners by going to mandatory recycling. It was the consensus of
the garbage haulers that rates probably would not go down and that Elk
River garbage collection rates are currently low compared to
surrounding communi ties. The haulers did indicate that with the City
doing the billing and guaranteeing them payment, rates could be kept
pretty close to the current rate the people are now paying. Discussion
was held regarding low income and senior citizens. paying for garbage
rates and whether or not a discount could be included. It was the
consensus of the Council that if a discount rate were given that it
should be based on income rather than if the person is a senior citizen
or not. The Council discussed whether they should go with the
mandatory or voluntary recycling and discussed the pros and cons of
each method. It was the consensus that it would be best to go with
mandatory recycling as the people would be made aware up front of the
method the City intends to use, and further that phasing in mandatory
recycling would generate more work for the City and also generate more
complaints from the citizens.
It was the consensus of the City Council to direct staff to work with
the garbage haulers in organizing a mandatory garbage pick up.
4.2 City Hall Paper Recyclin~
Gary Schmitz stated that he had been directed to research a City Hall
recycling program. He stated that the approximate cost to begin the
program would be about $205. He stated he had researched several
companies and felt that the best offer was made by Diversified
Recycling System.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO PROCEED WITH A
RECYCLING PROGRAM FOR CITY HALL. COUNCILMEMBER DOBEL SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
4.3 Earth Day Activities Update
Gary Schmitz updated the Council on Earth Day activities and stated
that everything went as planned and Earth Day was considered a success
in Elk River.
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4.4 Consider Preliminary Plat Review for Auburn Commons
Steve Rohlf, Building and Zoning Administrator, explained that the
preliminary plat review for Auburn Commons has been reviewed by the
Planning Commission and City Council. However, during the review at
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April 30, 1990
Page 3
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the April 16, City Council meeting, there was an ordinance amendment
which necessitated a revision of the plat. Mr. Rohlf indicated that
the following changes have been made:
1. That the side yard setback is reflected as eight feet.
2. That all lots meet the 7,000 minimum lot size requirement.
3. That the plat meets the six density units per acre.
Gary Santwire stated that he has met with the staff and the Engineer
regarding the revision of the preliminary plat for Auburn Commons. He
stated that there is a workable drainage plan and, with sewer and
water, he will be posting a bond for street restoration.
Steve Rohlf questioned whether the plat needs a Developer's Agreement.
He stated that all the work in the plat must be. done prior to any
building permits being issued and, therefore, felt that a Developer's
Agreement was not necessary. Further, none of the work involved City
improvements. It was the consensus of the City Attorney that due to
work being done prior to building permit issuance a Developer's
Agreement would not be necessary.
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Mayor Tralle opened the public hearing. There being no one for or
against the matter, Mayor Tralle closed the public hearing.
COUNCILMEMBER DOBEL MOVED TO APPROVE THE PRELIMINARY PLAT FOR AUBURN
COMMONS, SEVEN SINGLE FAMILY LOTS, BY R.E.P. LTD. WITH THE FOLLOWING
STIPULATIONS:
1. The the developer is responsible for the repair of Auburn Place
necessitated by the cuts needed to serve this plat with City sewer
and water. This restoration may consist of patching and seal
coating Auburn Place or reconstruction, whichever is deemed more
appropriate by Terry Maurer, City Engineer.
2. That the final approval of grading, drainage, sewer and water is
by Terry Maurer. Also, that those plans are completed, reviewed
and approved by Mr. Maurer prior to this plat being considered for
final plat approval.
3. The developer is responsible for lot grading wi thin the plat and
sewer and water lines to service the lots. Further, that all site
work: sewer & water lines, grading and street restoration, is
completed to the satisfaction of the City Engineer prior to
building permit issuance. A one year completion date for this
work from the date of final plat approval is also required.
4.
That Lot 2 gives an easement to Lot 1; Lot 3 gives an easement to
Lot 4; and Lot 7 gives an easement to Lot 5; to accomplish sewer
and water access for the plat.
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5. That the developer provide as-builts of the water and sewer lines
to the City.
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April 30, 1990
Page 4
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6.
That the drainage and utility easement on the west side of the
plat and along the north side of Lot 1 be made a minimum of 10 ft.
wide. This would allow for workable easements in case the
properties to the north or west are not further divided.
7. That having two lots on an intersection of Auburn Place and 5th
Street is not preferred, but if approved, Lot 7 must have its
dri veway on Auburn Place as far north as practical. Lot 6 must
have its driveway on 5th street as far to the west as practical.
8. That financial assurance is provided by the developer for the
restoration of Auburn Place in an amount estimated by Terry Maurer.
9. That the developer is responsible for boulevard restoration and
reseeding.
10. That the developer reimburse the City for .all costs incurred
reviewing this plat prior to final plat approval.
11. That $2,100 park dedication is paid prior to final plat review for
the 6 additional building sites created.
12. That no building permits are issued until all stipulations on the
approval of the plat are satisfied.
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THE MOTION CARRIED 4-1. Councilmember Schuldt opposed.
Councilmember Schuldt indicated that he opposed due to the fact that he
felt the minimum lot size alteration to the City's ordinance was a
mistake.
4.5 Royal Oaks Easement
Steve Rohlf indicated that an easement in favor of Northern Gas Company
was vacated prior to the filing of the plat of Royal Oaks Ridge. Due
to this, Dennis Taylor, land surveyor for this plat, has filed for
certification of correction to this plat.
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CERTIFICATION OF CORRECTION
TO THE PLAT OF ROYAL OAKS RIDGE BY ELIMINATING THE EASEMENT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.1
Consider Library Board Appointment
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Pat Klaers, City Administrator, indicated that Elly Kretsch has
resigned from the Library Board and that Debra Anderson has submitted
her resume and was interviewed by the Library Board. He stated that
the Board voted unanimously to approve her appointment for a term which
would expire at the end of Elly Kretsch's term on December 31, 1991.
Councilmember Schuldt indicated that Debra Anderson had previously
worked with him at the County and stated that she was a good worker and
he would give her an excellent recommendation.
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April 30, 1990
Page 5
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COUNCILMEMBER KROPUENSKE MOVED TO APPOINT DEBRA ANDERSON TO THE LIBRARY
BOARD WITH HER TERM TO EXPIRE DECEMBER 31, 1991. COUNCILMEMBER DOBEL
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.2
Rotary Request/Dick Fursman
Dick Fursman, Economic Development Coordinator, approached the Council
and stated that the Rotary Organization is attempting to raise funds
for the improvement of Highway 101 Campaign and also for continued
improvements to Lion's Park and the Rotary Bandshell. He stated that
they are in the process of coordinating a presentation with Stellar
Productions which would consist of a band and a dance to be held at
Lion's Park. Dick Fursman indicated that the Rotary Club is requesting
the City's support in this project. Mayor Tralle indicated that the
City can pledge staff time and cooperation in the way of street,
police, and fire department services but did not feel it was
appropriate to donate money to the project.
5.3
Emer~encY Preparedness Sirens/Russ Anderson
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Russ Anderson, Fire Chief, requested permission from the Council to
purchase an emergency preparedness siren to be located in the area of
173rd and Ulysses. He stated that this would give good coverage of
commercial and residential properties in the area. He further stated
that he would like the Council to consider the purchase of a second
siren for the Greenhead Acres area. Councilmember Kropuenske urged the
Council to consider purchasing two sirens this year. He stated that
the Greenhead Acres area is in need of a siren.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE FIRE CHIEF TO PURCHASE
TWO EMERGENCY PREPAREDNESS SIRENS. COUNCILMEMBER KROPUENSKE SECONDED
THE MOTION.
Pat Klaers stated that the money for one siren will come from the 1990
budget and money for the other siren would come from the 1991 budget.
It was understood that with this one siren funded in the 1991 budget,
that no actual siren would be purchased or installed in 1991 as this
will take place this summer. This can happen by way of an internal
loan from other city funds.
Russ Anderson presented the Council with a paper copy of a plaque which
will be placed in the Fire Department.
THE MOTION CARRIED 5-0.
5.4 Consider Ordinance Amendin~ Section 210.08 Relatin~ to Utilities
Commission
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Mayor Tralle indicated that the Utili ties Commission is considering
entering into the home securities business. He stated that in order to
ensure that the Utili ties Commission has the authority to enter into
this activity, an ordinance amendment must be adopted. He stated that
the proposed ordinance amendment to the existing Util i ties Commission
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April 30, 1990
Page 6
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ordinance adds one sentence which states that the home security
activity being discussed by the Commission is a legal activity.
COUNCILMEMBER KROPUEN~KE MOVED TO ADOPT ORDINANCE 90-8, AN ORDINANCE
AMENDING SECTION 210-08 RELATING TO UTILITIES COMMISSION.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6. Open Mike
The City Administrator distributed information received from Sue Mhyre
along with a letter from Ms. Mhyre stating that she would like this
discussed at Open Mike although she was unable to attend. He stated
that the information related to the adult bookstore which has opened
along Highway 10 in Ramsey, Minnesota. Ms. Mhyre stated her concern
about the adult bookstore in her letter and questioned whether this
could happen in Elk River. After discussion of this matter by the City
Council, it was the consensus to place a moratorium on adult X-rated
bookstores within the City of Elk River until such time that the staff
can discuss land use issues related to the subject of adult bookstores.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-9, AN ORDINANCE
PLACING A MORATORIUM ON ADULT BOOKSTORES AND LAND USES WITHIN THE CITY
OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4It The Council recessed at 7:40 p.m. and reconvened at 8:00 p.m.
7.1. Master Park and Recreation Plan Review
Mayor Tralle indicated that Bill Sanders from Sanders and Associates
was present to review with the Council the Master Park and Recreation
Plan. He indicated that the Planning Commission and Park and
Recreation Commission have already reviewed the plan. Mayor Tralle
thanked the Park and Recreation Commission and expressed his gratitude
for the work that they have done on the plan.
Bill Sanders reviewed the plan with the Council. He indicated that the
document is a workable tool which can be added to, improved or changed
as time goes on and further that the intent of the plan is to be
modified and changed as the City changes. Mayor Tralle requested to
eliminate the word "residential" on Page 5 of the Goals and Objectives,
which indicates the requirement for a developer of new residential
areas to dedicate public open space or payment in lieu of dedication to
the City's Park Dedication Fund. Mayor Tralle indicated that he did
not feel that the dedication of parkland was totally the responsibility
of residential developers.
4It
Bill Sanders reviewed with the Council the inventory of the City's
parks. Mayor Tralle questioned how the Hennepin County parks and
wildlife refuse areas relates to the Elk River residents. Bill Sanders
indicated that these areas are being utilized by the City's residents.
Councilmember Schuldt suggested that the City and County work together
regarding the park plans. He indicated that he was under the
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April 30, 1990
Page 7
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impression that the County was not willing to work with the City
because the City already has a park plan in place. Bill Sanders
indicated that discussions with Sherburne County should continue
regardless of the City's park plan and parklands. He indicated that
joint efforts by the City and County would be a benefit to the
residents.
Mr. Sanders discussed with the Council the proposed park system. He
indicated that they are looking at neighborhood parks as being larger
parks because they are trying to combine neighborhood parks with the
City's natural resources. He further indicated that the proposed trail
system should be a number one priority of the City. Discussion was
held regarding the fact that horse trails are needed in the City. Mr.
Sanders stated that snowmobile trails are proposed and motorized
vehicle trails have been investigated. He stated that they are
recommending that the trails within the heart of the City not be used
for motorized vehicles because of the damage created to the trails by
these vehicles.
The Council discussed the park map included in the manual. Discussion
was held regarding whether the river islands should be included as area
parks. Mr. Sanders indicated that these islands would be a good use
for City parks.
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Councilmember Schuldt questioned how the City would acquire land for
future parks within the City. Mr. Sanders indicated that the City
would have to set priorities and purchase the land when it is available
and start negotiations in the near future. The City Council discussed
wi th the City Attorney the procedure for acquiring parklands. The
Council also discussed the mining lands within the City of Elk River
and what happens to the land after the mining operations are complete.
Discussion was held regarding Woodland Trails Park. Mr. Sanders
suggested the possibility of having a volunteer naturalist at the
park. Discussion was also held regarding Hillside Park and the
possibilities for the park. It was indicated that the park would not
be a good area for softball due to the hilly nature of the land.
Clete Lipetzky, Park and Recreation Commissioner, indicated that the
City and the School District should work cooperatively in determining
park sites. He indicated that the City should take into consideration
future school sites.
Mayor Tralle indicated that a public hearing would be held to adopt the
plan due to the fact that it would be a change to the City's
Comprehensive Plan.
Mayor Tralle thanked Bill Sanders for the work done on the plan.
Mayor Tralle left at 9:30 p.m.
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7.2 Consider Use of 1990 Park Dedication Fund
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April 30, 1990
Page 8
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The City Administrator indicated that the Park and Recreation
Commission had submitted recommendations for activities to take place
on City parks in 1990. He indicated that the list of activities, which
includes upgrading and furnishing of parks, amount to a total of
$24,575. The City Administrator stated that it is being requested that
the money be taken from the Park Dedication Funds.
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PARK AND RECREATION
COMMISSION RECOMMENDATIONS FOR EXPENDITURES OF $24,575 IN 1990.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
7.3 Discussion on Park Dedication Fees for Apartments
The City Administrator indicated that since the 51 unit apartment
complex has started construction at the intersection of School Street
and Proctor Avenue, there has been a great deal of discussion regarding
obtaining Park Dedication Fees for apartment complexes. He stated that
this is a topic that should be dealt with at a later date with the Park
and Recreation Commission and the City Attorney. The City
Administrator suggested that if the City cannot collect Park Dedication
Fees, there may be other ways of receiving money from these type of
situations.
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Mike O'Brien, Park and Recreation Commissioner, stated that the Park
and Recreation Commission would like to be able to collect money from
apartment complexes for Park Dedication Fees. He further stated that
with the lack of funding, the Park and Recreation Commission feels the
need to receive Park Dedication Fees from these properties.
7.4
Other Park and Recreation Issues
The City Administrator stated that there are ten tennis courts on
school property in need of repair. He stated that the amount of repair
"ranges in the $15,000 to $20,000 area. He informed the Council that
the City uses the tennis courts in the summer and the school uses them
during the school year. He stated that he was suggesting that the City
offer to split the cost with the school for repair of the tennis courts
and that the money come from the Capital Projects Reserves.
COUNCILMEMBER HOLMGREN
$10,000 (A 50/50 SPLIT
SCHOOL TENNIS COURTS.
THE MOTION CARRIED 4-0.
MOVED TO AUTHORIZE THE EXPENDITURE OF UP TO
WITH THE SCHOOL DISTRICT) FOR REPAIR OF THE
COUNCILMEMBER KROPUENSKE SECONDED THE MOTION.
The City Administrator indicated that he hoped this would encourage the
repair of the courts in 1990.
9.
City Administrators Update
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The City Administrator informed the Council that staff would be
distributing Certificates of Appreciation to the Recycling Task Force
along with a letter updating them on recycling activities within the
City.
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Elk River City Council Minutes
April 30, 1990
Page 9
10. Adjournment
There being no further business, COUNCILMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
The meeting of the Elk River City Council adjourned at 10:05 p.m.
Respectfully submitted,
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City Clerk