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07-02-1990 CC MIN tit e - MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, JULY 2, 1990 MEMBERS PRESENT: Vice Mayor Schuldt and Councilmembers Kropuenske, Dobel, and Holmgren. (Councilmember Holmgren arrived at 8:00 p.m. ) MEMBERS ABSENT: Mayor Tralle STAFF PRESENT: Patrick Klaers, City Administrator; Sandy Thackeray, City Clerk; Terry Maurer, City Engineer; Lori Johnson, Finance Director; Greg Korstad, City Attorney; Gary Schmitz, Recycling Coordinator; and 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 7:00 p.m. 2. Consider 7/2/90 City Council A~enda Item #3, consideration of'6/25/90 City Council minutes was deleted from the agenda. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 7/2/90 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4. Open Mike The was no one present before the Council for this item. 5. Chamber of Commerce Float Discussion Jackie Schuelein, Chamber Representative, stated that a city float has been constructed through a joint effort between the City, the Chamber, and the Jaycees. Ms. Schuelein indicated that the owner of the float and how the responsibilities of the float are to be shared must be addressed. Issues which need to be addressed regarding the float include storage, insurance, and costs for modifying the float. Ms. Schuelein presented an agreement to the Council which she had drafted. She indicated that the agreement addresses the responsibilities which need to be shared between the three parties. Discussion was held regarding the condition of the water tower storage site and the affects it had on the float. Ms. Schuele in indicated that with all of the gravel and sand located on the site, it was very difficult to drive the float through this area. She indicated that after driving the float through the area, repairs had to be made. City Council Minutes July 2, 1990 Page 2 e Councilmember Schuldt commented on the fact that the float was in need of safety features. He questioned whether the City Street Department could make the modifications on the float in order to make the float more safe. The City Administrator stated his concerns relating to liability if the Street Department made the modifications on the float. He indicated that he would rather see the designer of the float make the modifications. The City Administrator further indicated that he would rather see the City assist the Chamber financially, than have the City own the float due to liability reasons. Jackie Schuelein indicated that the float is a traveling billboard for the City of Elk River and further that the City would benefit from the use of the float, and therefore, felt the City should own the float. Jeri Vita, Jaycees Representative, indicated that it was their hope to use the float about 15 times per year and eventually to use it in the Aquatennial to promote Elk River. Jackie Schuelien indicated that the designer and the builder of the float is willing to work with the Chamber to make the modifications, but stated that there will be costs involved for these modifications. Discussion was held regarding the licensing of the float and who would carry the insurance on the float. -- Councilmember Kropuenske indicated he would like to see this discussion tabled until the City can get estimates from the float designer for modifying the float to make it useable, and further, to get answers regarding licensing and insurance of the float. The City Administrator indicated that the City should be willing to help out in the costs of the repairs. He indicated that staff will research other cities regarding float ownership. He further indicated that staff will check to see whether the float must be licensed and will bring will this information back to the Council July 16, 1990. 6.1. Evans Avenue Improvement Project/Public Hearin~ Terry Maurer, City Engineer, reviewed the feasibility study for Evans Avenue. He stated that the Guardian Angels have petitioned for the project which consists of street reconstruction, storm sewer improvements, and construction of a sidewalk along the east side of Evans Avenue. e Terry Maurer indicated that the estimated project costs for the proposed improvements on Evans Avenue is $147,100. He further indicated that it is possible that a portion of the sanitary sewer may need replacement. He stated that the cost associated with the replacement of the sanitary sewer would not be assessed as part of the project costs and would be assumed by the Waste Water Treatment Plant fund. City Council Minutes July 2, 1990 Page 3 e Terry Maurer reviewed the estimated project costs for the improvements and also listed the benefiting properties. Acting Mayor Schuldt opened the public hearing. Bud Houlton questioned the assessment method of front footage. He indicated that he is the owner of a townhouse abutting Evans Avenue. He stated that the townhouses consist of four units and two of them abut Evans. Mr. Houlton further indicated that there were three townhouses with four units in each townhouse located in the area and felt it was unfair that just two of the twelve units were being assessed. Mr. Houlton further questioned whether the two townhouses that will be assessed will be more valuable than the other ten once the improvements are completed. Mr. Houlton further indicated that the storm water run off comes from other properties than just the properties abutting Evans Avenue. He further questioned whether the sidewalk will benefit the two townhouses. He stated he felt that the Guardian Angels will benefit from the sidewalk. Terry Maurer stated that according to survey information, the storm drainage run-off is caused by the properties which are being assessed for the project. e Mr. Ron Hetrick stated he is the owner of the other townhouse abutting Evans Avenue. He indicated that there was not a storm drainage problem. He also indicated that he did not feel it was fair that the homeowners and the City should be putting in street improvements because the Guardian Angels are in need of a sidewalk. Terry Maurer indicated that the streets are showing much wear and deterioration. He stated that the deterioration will accelerate if something is not done to improve the condition of the streets. It was noted that the street was originally constructed in 1965. Ron Hetrick indicated that he does not agree with the assessments and feels that the two townhomes abutting Evans should not benefit by the full amount which they are proposed to be assessed. Carol Mills, representing the Guardian Angels, indicated that she felt the street improvements were necessary. Also, the sidewalk was petitioned with the street improvement as all of the construction activity should take place at one time. Carol felt that the sidewalk and storm sewer improvements are necessary. Terry Maurer indicated that on an engineering basis, the improvements are needed. e Councilmember Kropuenske suggested that the Guardian Angels bear the extra cost of width on the sidewalk because they are requesting that the sidewalk be wider than what is required due to the people with wheel chairs utilizing the sidewalk (6 feet versus 5 feet). City Council Minutes July 2, 1990 Page 4 e Carol Mills stated that she felt this was fair and felt that the Guardian Angels would pay the extra cost. She further indicated that the Guardian Angels will be paying close to $80,000 of the project and felt that it would definitely be a benefit to the City. She further indicated that she felt others would be using the sidewalk other than just the Guardian Angels people. There being no further business, Acting Mayor Schuldt closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 90-25, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE EVANS AVENUE IMPROVEMENT OF 1990. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Sherburne County Historical Society Mary Nemec Mary Nemec introduced herself and stated that she is representing the Sherburne County Historical Society. e Mary Nemec indicated that the Historical Society has undertaken a search for land. She stated that their intent is to construct a museum to provide exhibits, public use research and storage facilities for the Society. Ms. Nemec stated that the Historical Society is visiting the ci ties and townships within Sherburne County stating their need for land. Ms. Nemec requested that the City and the City Council help in their land search by notifying the Historical Society of any land the City feels would be suitable for the Sherburne County Historical Society building. Ms. Nemec indicated the Society is looking for ten acres or more. She further stated that the Sherburne County Commissioners have granted them funds for their land search for the past two years, but that they are also looking for donations. Ellie Kretch spoke to the Council regarding purchasing a membership to the Sherburne County Historical Society. She indicated that an ox-cart membership for $500 would be available to the City. It was the consensus of the City Council to consider the funding request during the budget process for an ox-cart membership to the Sherburne County Historical Society. Acting Mayor Schuldt suggested that Mary Nemec contact Steve Rohlf at the City of Elk River regarding her search for land. 10.1 Waste Water Treatment Plant Nei~hborhood Meetin~ Update e Councilmember Kropuenske informed the Council that the PCA, together with two Councilmembers had attended a neighborhood informational meeting regarding the City's need to purchase land for the dumping of sludge. Councilmember Kropuenske indicated that many more people than were expected were present for the meeting. He indicated the group was very vocal and stated their opposition to the City purchasing property near their neighborhood to dump the sludge. He indicated that Sherry Borquist had given a report on the sludge which showed a number of heavy metals in the sludge and also showed viruses and tape worms in City Council Minutes July 2, 1990 Page 5 e the sludge. He indicated that the group felt that this would be vary hazardous to their health. Councilmember Kropuenske stated that the City was unprepared for the number of complaints because the City had never received any complaints regarding sludge dumping in the past. He further indicated that the group did not want to hear anything that the PCA had to say regarding the sludge, nor did they give the PCA or the City an opportunity to speak. Councilmember Dobel concurred with Councilmember Kropuenske that the residents were not receptive to hearing what the PCA or City had to say regarding the sludge. Sherry Borquist informed the Council that there is more investigating being done regarding sludge. She stated that PCB's have shown up in the sludge along with heavy metals and viruses. She indicated that the test results were from testing being done at the _Rochester site. Ms. Borquist indicated that she was present on behalf of the neighboring residents requesting the City Council to withdraw their offer because they feel that the dumping of sludge is a dangerous operation and would be dangerous to the health of the residents. Councilmember Kropuenske indicated that he felt the alternative to deposi t the sewer sludge would be to deposit it in a nonresidential area. e Ms. Borquist indicated to the Council that there are alternative ways to disposing of sewer sludge other than dumping it on land. She stated that some of the ways are more expensive, but that they are much better for the health of the residents and the environment of the community. COUNCILMEMBER KROPUENSKE MOVED TO WITHDRAW THE OFFER OF THE PURCHASING OF THE MORRISON PROPERTY FOR THE PURPOSES OF DUMPING SEWER SLUDGE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Administrator informed the Council that the City will be checking for alternative methods of disposing of sludge other than dumping, but that they would also like to check for property in the nonsewered industrial zones and also areas north of County Road #33 within the ten acre residential zones. The Council recessed at 9:10 p.m. and reconvened at 9:20. 7.1. Amendments to the Garba<<e Ordinance and Recyclin<< Pro<<ram Discussion Gary Schmitz, Recycling Coordinator informed the Council that the City has drafted an ordinance to replace the existing garbage ordinance. Mr. Schmitz informed the Council that he has met with the garbage haulers and that they have established routes for garbage hauling. Gary distributed a map of the proposed routes to the Council at this time. e City Council Minutes July 2, 1990 Page 6 e Gary Schmitz indicated that staff has researched recycling programs of several cities and indicated that the City of Elk River will be designing their recycling program after the recommendations of the Recycling Task Force. The Council reviewed the draft ordinance regulating the storage, collection, transportation, and disposal of refuse and recyclable materials. The major areas of discussion centered around the following: a. Payment responsibility for renters - It was the consensus of the Council that responsibility of payment for rental property would be put on the landlord of the property. b. Commercial establishments - It was the consensus of the Council that garbage containers for commercial and industrial establishments will be provided by the haulers. c. - Licensing - It was the consensus of the Council to to the ordinance regarding license applications procedures. add a section and license d. Recycling containers - It was the consensus of the Council to add a section to the ordinance regarding recycling containers. This section should state that the recycling containers are the property of the City. e e. Terms - It was the consensus of the Council that a contract shall be made for a term of one year, followed by a two year extension. f. Insurance - It was the consensus of the Council that the insurance rates be placed as high as allowed by state law for the best protection of the City. g. Weight restrictions - It was the consensus of the Council that a section be added to the ordinance regarding weight restrictions and how they relate to the garbage trucks. h. Inspection of garbage trucks - It was the consensus of the Council to add a statement to the ordinance stating that the operation and inspection of the vehicle is the responsibility of the garbage hauler. i. Rates and Charges - It was the consensus of the Council that the rates and charges would be deleted from the ordinance and set by resolution. It was the consensus of the Council to accept the draft ordinance regarding recycling with the condition that the amendments be made. e Councilmember Schuldt indicated to the Council that he may be changing his mind regarding mandatory recycling. He indicated that he felt the people should be given a choice as to whether they want to recycle or not. City Council Minutes July 2, 1990 Page 7 e Steve Rohlf, Building and Zoning Administrator, indicated that the mandatory recycling is the direction given to the City from the Task Force and that the Council voted to accept this direction. At this time, the Recycling Coordinator presented to the Council two different types of recycling containers which the City could use. One type of container contained three separate containers for glass, metals, and paper. The other container was one large container which would hold three paper sacks to hold the three different recyclable materials. COUNCILMEMBER HOLMGREN MOVED THAT THE CITY USE THE ONE LARGE CONTAINER FOR RECYCLING PURPOSES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Administrator informed the Council that the recommended changes would be made to the draft garbage ordinance and that the ordinance would then be presented to the City Council for adoption after a public hearing on 7/16/90. 7.2. Billin~ for Garba~e Services e Lori Johnson, Finance Director, informed the Council that the City has explored two options in regard to garbage billing. One option would be to have the Elk River Utilities handle the billing; the other option would be for the City to do its own billing. Lori Johnson indicated that she has been in contact with the utilities regarding billing. She has been informed that the Elk River Utilities will not be able to include the garbage bill on the existing water and sewer bill. Ms. Johnson indicated that she was also informed of the possibility that the utili ties may have to hire another part time person to handle all of the questions customers would have about their garbage bills if the time commitment to answer these questions become too great. Also, there are some minor programming changes which need to be made before the utilities could handle garbage billing. Because of the way the utilities computer is configured, all data entry would have to be done in the evening or on weekends resulting in overtime pay in order to get the customer base entered. Ms. Johnson indicated that attached to the memo from herself dated June 29, 1990, was a sheet showing both the advantages and disadvantages to the City regarding the City doing its own billing or the Utilities doing the billing. She stated that she felt in the long run, it would be beneficial for the City to handle the billing. Ms. Johnson indicated that the major concerns regarding the City doing its own billing revolve around the number of questions the City would receiver regarding the bills. She stated that Gary Schmitz, the Recycling Coordinator, would be able to handle these questions. She estimated the cost for purchasing software to handle the billing would be between $3,500 and $4,500. e COUNCILMEMBER KROPUENSKE MOVED TO HAVE THE CITY DO THEIR OWN BILLING FOR GARBAGE SERVICES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes July 2, 1990 Page 8 e Councilmember Holmgren questioned whether the City would incur costs from the garbage billing. The Finance Director informed the Council that the City will be incurring costs by doing the billing, however, will also recover those costs through the billing system. 7.3. City Travel Policy Lori Johnson, Finance Director, informed the Council that the City has developed a travel reimbursement policy to reimburse employees and appointed elected officials for expenses incurred while acting as representatives of the City. Ms. Johnson informed the Council that she had researched other communi ties regarding the guidelines which they used, and further, that she had consulted with the Auditor and the State and feels that a travel policy is necessary as part of the City's internal control system. COUNCILMEMBER DOBEL MOVED TO APPROVE THE TRAVEL REIMBURSEMENT POLICY. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. Councilmember Schuldt indicated that he did not feel the Council should have ask for approval from a Department Head or City Administrator prior to receiving reimbursement or taking a conference trip. THE MOTION CARRIED 4-0. e 7.4. Fire Lane Ordinance The City Administrator informed the Council that the Chief of Police has requested a fire lane ordinance to be approved so that tickets issued for violations of fire lane parking can be defended in the Courts. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 90-17, AN ORDINANCE AMENDING SECTION 1100.10 RELATING TO PARKING AND FIRE LANES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.5. Woodland Trails and Hillside Park Plan Reports The City Administrator informed the Council Recreation Commission has reviewed both of recommended that the Council accept the plans. that these the Park reports and and COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE RECOMMENDATION OF THE PARK AND RECREATION COMMISSION TO ADOPT THE WOODLAND TRAILS PARK PLAN AND HILLSIDE PARK PLAN AND FURTHER THAT WOODLAND TRAILS PARK IS THE HIGHER PRIORITY. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. e Councilmember Schuldt stated that Woodland Trails should be a primary recreational area and not just used for ski trails. Councilmember Holmgren stated that open space land for is a higher priority than those two parks. City Council Minutes July 2, 1990 Page 9 e The City Administrator informed the Council the possibility of receiving a grant for developing Woodland Trails Park is better than receiving a grant for open space within the City. Additionally, the Park and Recreation Commission stated that the open recreational land was the City's highest priority. THE MOTION CARRIED 4-0. 9. Check Re~ister COUNCILMEMBER KROPUENSKE MOVED TO ADOPT THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 11. City Administrator Update It The City Administrator informed the Council that the Community Center Task Force has requested Zack Johnson to help the group out regarding the type of Community Center to build. He indicated that Mr. Johnson would act as a facilitator to the Community Center Task Force. Mr. Klaers distributed to the Council a handout from Zack Johnson showing the costs and the tasks which he would be doing for the Task Force. The Council discussed the costs which range from $5,900 to $7,300. The City Administrator informed the Council that this was higher than what the Community Center Task Force had anticipated. The Council discussed the fact that the Community Center Task Force did not go out for bids or seek any other assistance regarding a facilitator. After discussion of the proposal, it was the consensus of the Council to remove the site selection and analysis from the list of duties. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE FOLLOWING ELK RIVER COMMUNITY CENTER WORK PROGRAM: 1) SPACE ALLOCATION PROGRAMMING AND 2) DEVELOPMENT COST AND SCHEDULING; AND FURTHER THAT AT THE POINT WHEN THE INFORMATION IS GATHERED, THE TASK FORCE COME BACK TO THE COUNCIL FOR DIRECTION AND DISCUSSION. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 2-1-1. Councilmember Schuldt opposed the motion, and Councilmember Holmgren abstained. Councilmember Kropuenske indicated that he would like to see BRW help in the site selection process. 12. Adjournment There being no further business, COUNCILMEMBER DOBEL 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 11:07 p.m. e Resp tfully submitted, , ,~<.~y-j4 d/co.-G?I!~<:" aara Thackeray ~