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06-04-1990 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 4, 1990 MEMBERS PRESENT: Mayor Tralle, Councilmembers Holmgren, Schuldt, and Dobel (arrived at 8:16 p.m.) MEMBERS ABSENT: Councilmember Kropuenske STAFF PRESENT: Pat Klaers, City Administrator: Tom Zerwas, Police Chief: Steve Rohlf, Building and Zoning Administrator; Tim Keane, City Attorney; and Sandy Thackeray, City Clerk 1. Call Meetin~ to Order at 7:00 p.m. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order 7:00 p.m. by Mayor Tralle. 2. Con.sider~14/9Q~i ty: Council Agen!ia Items 8.2 - Councilmember Schuldt and 6.6 - Police Department update were added to the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 6/4/90 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Con~i~er 5/21/90 City Council Minutes Mayor Tralle indicated that the fourth paragraph, second sentence on Page 8 should read as follows: "Mayor Tralle stated that nobody attended the first City Council meeting concerning this item." COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 5/21/90 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4. Q}Le-1Lf!t L~ Mr. Dennis Peterson addressed the Council and stated that he was the representative for Mr. Jack Havrilak, Owner of the Pawn Shop in Elk Ri ver. Mr. Peterson indicated that Mr. Havrilak had been before the Ci ty Council last week and had received his pawnbrokers license. He indicated that at the time Mr. Havrilak applied for his license, the license fee was $50.00, which Mr. Havrilak paid. Mr. Peterson then indicated that at last weeks Council meeting, prior to approving Mr. Havrilak's license, the Council raised the license fee for pawnbrokers license to $1,750.00 basing this on the fact that this was comparable to surrounding communities, namely Champlin. Mr. Peterson indicated that Mr. Havrilak has requested him to draw up papers in order to have the Court make a decision on this matter. Mr. Peterson indicated that City Council Minutes June 4, 1990 Page 2 e Mr. Havrilak had made application prior to the 20 days requested by City ordinance and further that he had paid his license fee and submi tted his bond. Mr. Peterson indicated that there are many other cities in the area that have pawn shops operating out of the cities and the fees charged by these cities are anywhere from $50.00 to $100.00. Mr. Peterson stated that Mr. Havrilak has invested a large amount of money in the community, is paying taxes, and that his business would be a benefit to the community. Mr. Peterson further stated that if the Council felt the $50.00 license fee was not appropriate, they should have changed it prior to the City Council meeting where Mr. Havrilak was granted a license. Mr. Peterson then requested the City Council to reconsider their decision and to lower the $1,750.00 license fee for pawnbroker to $50.00 for this year. Tim Keane, City Attorney, stated that there have been no reported cases of changing an application fee in mid-stream within the City of Elk River. He indicated that there is a Court standing from the Attorney General's office regarding a liquor fee which was raised in mid-year and made retroactive. Mr. Keane further indicated that the City's Police Department would have significant responsibilities regarding this type of license. e Mayor Tralle stated that the license fees are designed to cover the costs incurred by the City. He stated that with the amount of extra work generated by the pawn shop, the City feels that the $1,750.00 is an appropriate fee as the fee is based on the amount of time expected to be incurred by the City. Mr. Peterson questioned why the City set the license fee at $50.00 only a year ago. Steve Rohlf, Building and Zoning Administrator, explained that the license fee was set last year at $50.00 and that the City set the fee by looking at what other cities charged and not what it would cost the City. Mr. Rohlf indicated that when Mr. Havrilak applied for the pawnshop license the City investigated the possible cost which would be incurred to the City by this type of business and, therefore, the Council raised the fee to $1,750.00. Mr. Jack Havrilak, owner of the Pawn Shop, stated to the Council that he had spent $80,000 for the building and $20,000 to stock the building. Mr. Havrilak stated that he did not feel his business would cost the City $1,750 during a years time. Mr. Havrilak requested the City Council to consider looking more closely at this and to consider pro-rating the $1,750 license fee for 1990. e Councilmember Holmgren stated that he would be pro-rating the $1,750 license fee for Mr. licensing year, and further recommended that $1,750.00 license fee during the next year to the City incurs from monitoring the pawn shop. in favor of the Council Havrilak for the 1990 the Council review the determine what expenses COUNCILMEMBER HOLMGREN MOVED THAT THE $1,750 LICENSE FEE BE PRO-RATED FROM THE DATE OF ISSUANCE FOR MR. HAVRILAK AND FURTHER THAT THE STAFF City Council Minutes June 4, 1990 Page 3 e MONITOR THE POLICE AND STAFF TIME SPENT PRIOR TO THE ISSUANCE OF A LICENSE NEXT YEAR TO DETERMINE WHETHER $1,750 IS AN APPROPRIATE LICENSE FEE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.1. Ex~eQ~jon tQ_~ompletion Date for SandQiner Estates I and II Steve Rohlf, Building and Zoning Administrator, stated that Mr. Gagne is requesting an extension to the completion date for the improvements in Sandpiper Estates. Mr. Bill Gagne stated that they cannot wait for the City to decide whether they will bring sewer and water to the western area of the City and, therefore, have decided to continue on with the Sandpiper Estates plat. Steve Rohlf indicated that the City can add new requirements to this plat since the originial completion date was not complied with in the Developer's Agreement. He further indicated that since the Sandpiper estates was approved, City requirements regarding plats have changed. e The City Council reviewed the recommendations by staff for Sandpiper Estates I and II. The categories consisted of street lights, money for sealcoating, park dedication, street width, overlay, dedication of Outlot A to the City and extension of the completion date. Mr. Gagne indicated that he had no problems with providing the requested four street lights in the plat and also paying the money for the sealcoating. He indicated to the Council that they are losing money on the project and he feels it is unfair for the City to add extra costs to the plat such as the requirement of widening the street to 32 feet. Mr. Gagne indicated that when the plat was originally presented to the Council, it WaS approved with a 30 foot road and if he were required at this time to widen the road to 32 feet wide, it would cost him a considerable amount of money. It was the consensus of the Council to not require Mr. Gagne to widen the road in Sandpiper Estates to 32 feet. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE EXTENSION TO THE COMPLETION DATE FOR IMPROVEMENTS WITHIN SANDPIPER ESTATES I AND II UNTIL NOVEMBER 15t 1990, WITH THE FOLLOWING RECOMMENDATIONS: 1. THAT STREET LIGHTS BE ADDED TO THE PLAT AT THE EXPENSE OF THE DEVELOPER. 2. THAT THE CITY COLLECT MONEY IN ADVANCE FOR SEALCOATING COSTS FROM THE DEVELOPER. 3. THAT OUTLOT A BE DEDICATED TO THE CITY OF ELK RIVER FOR A FUTURE ROAD CONNECTION. e 4. THAT THE $75,000 LETTER OF CREDIT FOR THE PLAT AND THE COMPLETION DATE FOR IMPROVEMENTS BE EXTENDED UNTIL NOVEMBER 15. City Council Minutes June 4, 1990 Page 4 e COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.2. Qth~r~~llgi~d Zonin~ Updates Steve Rohlf stated that the Building and Zoning Department received a request from Ms. Kay Reynolds of Vernon Sales Promotion to display two banners advertising Frontier Business Days on the Elk River City signs. Steve Rohlf further stated that according to the City Code temporary signs and banners can be erected for special events up to 15 days prior to and 5 days following the special event. He stated that the Frontier Business Days is an event sponsored by the retail division of the Chamber of Commerce. Mayor Tralle stated that he felt if the City allowed signs or banners to be place on the City of Elk River signs, that this would setting a precedent. He further indicated that Councilmember Kropuenske had phoned him regarding his concerns of setting a precedent also. Mayor Tralle indicated that it would be hard to determine which requests to approve and which ones to deny in the future. COUNCILMEMBER SCHULDT MOVED TO DENY THE SIGN REQUEST FOR A TEMPORARY BANNER TO ADVERTISE FRONTIER BUSINESS DAYS ON THE CITY OF ELK RIVER SIGNS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. e Discussion was held by the Council regarding the banner on Jackson, which advertises community events and whether or not it is a permitted sign. Discussion was also held regarding the theater sign in Jackson Park. It was suggested that Vernon Sales contact the Theater group and request to use their sign. 6.6. Police Department Request Tom Zerwas, Police Chief, requested permission from the Council to advertise for the position of police officer for the purpose of creating an eligibility roster. He indicated that with the eligibility roster, the Police Department would be able to fill a vacancy in a shorter period of time, and further indicated that this is a common practice in the law enforcement profession. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE POLICE CHIEF TO ADVERTISE FOR THE POSITION OF POLICE OFFICER FOR THE PURPOSE OF CREATING AN ELIGIBILITY ROSTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. e The Police Chief requested the City Council to allow the City to pursue the hiring of a City prosecutor to prosecute all misdemeanors and petty misdemeanors. He indicated that currently the City is involved in a joint powers agreement with Sherburne County for prosecution services. He stated that since 1984, when the City became involved in the Joint Powers Agreement, the fine revenues and prosecution expenses have increased. He indicated that if the prosecution expenses continue to increase at the rate. that they have been in 1990, the City will be paying Sherburne County approximately $24,000 for the prosecution City Council Minutes June 4. 1990 Page 5 e services. Chief Zerwas stated that he felt the City could retain a prosecutor and pay less than they are paying Sherburne County for these services. Chief Zerwas indicated that if the Council authorizes the City to hire their own prosecutor. the City would need 60 days written notice to terminate their Joint Powers Agreement with Sherburne County. Councilmember Dobel arrived at this time. 8:10 p.m. COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE STAFF TO CREATE REQUESTS FOR PROPOSALS FOR THE CITY TO HIRE A PROSECUTING ATTORNEY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. 9~h~~_~uildin~ and_Zoniv~pdates Steve Rohlf informed the Council that Arlon Fuchs and Bob Morton have both resigned from the Planning Commission. Mayor Tralle accepted both resignations at this time. e The Building and Zoning Administrator indicated that staff would like to place advertisements in the Star News regarding Oak Wi! t and also would like permission to organize neighborhoods to take care of the Oak Wilt disease. It was the consensus of the Council to allow the Building and Zoning Administrator to proceed with the advertisement regarding Oak Wilt and also to work with the neighborhoods regarding Oak Wilt. The Building and Zoning Administrator informed the Council that Hardee's has made application for a building permit. He indicated that Hardee's will not appear before the City Council as it is a permitted use in a C-3 zone at this time. The Building and Zoning Administrator informed the Council that the City has received noise complaints regarding the Barton Asphalt plant. He requested permission to use the decimal meter for a couple of days at Barton Asphalt plant to determine the noise level. It was the consensus of the Council to authorize the Building and Zoning Administrator to use the decimal meter at Barton's. The Building and Zoning Administrator updated the Council regarding recycling paper at City Hall. He indicated that after further research regarding this matter it was determined that City Hall does not generate enough paper to make it worth while for a recycling company pay the City for paper. He indicated that they have discussed the situation with the Landfill and it has been determined that the best deal the City can make is with the Redemption Center in Elk River. He indicated that the Elk River Redemption Center, which is owned by Elk River Landfill, has indicated that they would not charge the City for recycling the newspaper and the Building and Zoning Administrator further indicated that he felt it was important to keep the City's business within the City. e The Building and Zoning Administrator updated the Council on the Morrell property site. He indicated that he has talked with Larry Morrell regarding the junk vehicles, piled wood, and junk piles on his City Council Minutes June 4, 1990 Page 6 e property. After discussion of this matter, it was consensus of the Council that the fire wood could remain on the site because of the fact tha.t a previous City Council had allowed this to take place. The Council discussed the fact the Mr. Morrell is storing scrap metal and parts on his property. It was the consensus of the Council to discuss this matter with Mr. Morrell. The Council also discussed the fact that Mr. Morrell has piles of black dirt and a "For Sale" sign advertising the sale of the dirt on his property. Mr. Rohlf indicated that Mr. Morrell has agreed to remove the black dirt and the "For Sale" sign. Mayor Tralle indicated that he did not feel that a scrap metal pile and old batteries is a normal part of trucking operation. Mayor Tralle suggested that the Building and Zoning Administrator draw up a memo regarding action to be taken at the Morrell site. He requested that the Building and Zoning Administrator deliver this memo to the City Council and then to Larry Morrell. The City Council took a break at 8:40 p.m. and reconvened at 8:50 p.m. 6.1. LiQQor OrdinanQe and Summ~ry/Continued Publi~-Hearifl-~ e The City Attorney indicated that the City Clerk has requested to draft revisions to the non-intoxicating malt liquor, intoxicating liquor, and liquor dispensary ordinance for the purpose of reorganizing the ordinance in a more logical format and also to be consistent with State Law. The Council reviewed the draft ordinance and made several changes to the ordinance. 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 ADOPT ORDINANCE 90-11, AN ORDINANCE AMENDING SECTION 800 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO THE REGULATION OF THE SALE OF BEER, WINE, AND INTOXICATING LIQUOR AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Schuldt indicated that he does not see the need to adopt the Section of the ordinance allowing liquor establishments to serve liquor on Sunday's at 10:00 a.m., but further indicated that because this is the only section he does not agree with, he will not vote against the ordinance. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SUMMARY OF PUBLICATION OF ORDINANCE 90-11 RELATING TO THE LIQUOR ORDINANCE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. E~rsQrrnel Ordinance and SUID~arx e The City Administrator indicated that the Council has approved the personnel ordinance at a previous meeting, however, the ordinance was not put in actual ordinance form. Therefore, before the Council e e e City Council Minutes June 4, 1990 Page 7 tonight was the newly revised personnel ordinance in ordinance form and also a summary of the ordinance for notice of publication. COUNCILMEMBER HOLMGREN MOVED ADOPT ORDINANCE 90-12, AMENDING SECTION 218 OF THE CITY OF ELK RIVER CODE RELATING TO PERSONNEL, ADMINISTRATION AND POLICES. HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. AN ORDINANCE OF ORDINANCES COUNCI LMEMBER COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 90-12. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Pull Tab License for Duc~s Unlimited ~t..J;lls. River Bowl The City Administrator informed the Council that Ducks Unlimi ted have requested a renewal of their gambling license to sell pull tabs at the Elk River Bowl. Council had no concerns regarding this request. 6.4. ~JJ!n!l!M~Qmmission_-YacaJJ~ The City Administrator indicated that due to the two Planning Commission vacancies, the Council would have to determine the method in which to fill the vacancies. It was the consensus of the Council to place an ad in the Star News to seek applicants for the Planning Commission vacancies. 6.5. Con~!der Applicant for Waste Water Treatment Plant The City Administrator indicated that the City had interviewed for the posi tion of Waste Water Treatment Plant Operator and recommending the hiring of Craig Langbehn for the position, starting 6/6/90 with a starting salary of $9.48 per hour. COUNCILMEMBER DOBEL MOVED TO APPROVE THE HIRING OF CRAIG LANGBEHN FOR THE POSITION OF WASTE WATER TREATMENT PLANT OPERATOR FOR THE CITY OF ELK RIVER STARTING 6/6/90 AT A STARTING WAGE OF $9.48 PER HOUR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7 . QJJ~QlLIl~Jt!~tgr COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER AS SUBMITTED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.1. Jqne 11. 1990. Meetin~ Schedule The City Administrator indicated that staff would like Council to consider a special meeting on June 11, 1990, at 6:00 p.m. preceding the EDA meeting. COUNCILMEMBER DOBEL MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL ON JUNE 11, 1990, AT 6:00 P.M. AT THE ELK RIVER CITY HALL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED City Council Minutes June 4, 1990 Page 8 e 4-0. It was noted that the Economic Development Authority meeting would be held at 8:00 p.m. on June 11, 1990. 8.2. C...9.JlIJ~iJJIl_eOlh~J'_~ehl1ld.t Councilmember Schuldt questioned the meeting which was held at Anoka County regarding the RDF Plant. Mayor Tralle indicated that two people from the City of Elk River were invited to this meeting and that he and Councilmember Kropuenske attended. Mayor Tralle indicated that he did not request the presence of Council members Schuldt or Holmgren as he felt there may be conflict of interest, with their employment with Sherburne County. 9. QitY___Administrator Update The City Administrator distributed a recommendation from the City Attorney regarding the moratorium on land uses for adult related items. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE CITY COUNCIL, THE STAFF, AND THE PLANNING COMMISSION TO UNDERTAKE A STUDY AND TO MAKE RECOMMENDATIONS TO THE COUNCIL REGARDING LAND USES RELATING TO ADULT RELATED USES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. e Pat Klaers updated the Council on areas of the downtown decorative sidewalk that will have to be repaired. The City Administrator informed the Council that the Street Department has purchased a self propelled roller from PCI for $1,000. The City Administrator informed the Council that the City will soon be holding a public information meeting regarding the City's sidewalk replacement program. He indicated that if after the meeting the ci tizens show no concerns regarding that program, that the sidewalk replacement program will probably not begin until next year. The City Administrator informed the Council that the Wastewater Treatment Plant has found property to purchase which will be used to hold sludge from the plant. He indicated that the property is located south of County Road 33 and on the east side of Highway 169 and that the property owner is willing to sell 68 acres to the City with 17 unusable acres, and further that the amount per acre is approximately $2,100. It was the consensus of the Council to continue negotiations with the land owner for the purchase of the property. The City Administrator informed the Council that the staff has met with garbage haulers and that they will be moving forward with the mandatory recycling program. e The City Administrator distributed a letter to the Council which was sent to the City of Elk River from Ms. Janet Cardinal and also distributed a response to Ms. Cardinal from Lori Johnson. He indicated e e e City Council Minutes June 4, 1990 Page 9 that the correspondence is regarding the Tyler Street assessment and the method of payment for the assessment. The City Administrator questioned the Council proceed with the Employee Benefits Program. the Council to request the City Administrator to the Council regarding employee benefits. 10. Adjournment on how they would like to It was the consensus of to draft a recommendation There being no further business, COUNCILMEMBER DOBEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDBD THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 10:00 p.m. Respectfully submitted, ~~--t ~e~ Sandra Thackeray jI City Clerk