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08-06-1990 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, AUGUST 6, 1990 Members Present: Mayor Tralle, Councilmember Schuldt, Holmgren, Kropuenske and Dobel Members Absent: None Staff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Terry Maurer, City Engineer; Sandy Thackeray, City Clerk; Phil Hals, StreetlPark Superintendent; Tim Keane, City Attorney 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 8/6/90 City Council A~enda COUNCILMEMBER DOBEL MOVED TO APPROVE THE 8/6/90 CITY COUNCIL AGENDA. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 7/30/90 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 7/30/90 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. ODen Mike Mr. Pat DeMars of 429 Line Avenue, stated that there is water which is constantly rising on his property and going into his basement. He informed the Council that he had contacted the City to request a pump, but that his request was ignored. Terry Maurer indicated that he has investigated the si te and found that there is a cuI vert under County Road 13 which is blocked and is causing the back-up. He further informed the Council that he and Steve Rohlf have contacted the County because it is a County road and the County had indicated that they would take care of the problem. Mr. DeMars stated that the drainage system in the area is devaluating his property. Terry Maurer stated that there is a proposal in the Capital Improvement Program for a 5th Street reconstruction project which would eliminate the drainage problem in that area. He further indicated that in the meantime, the County will take care of the blocked culvert. Pat Rasmusson, Chair of the Community Center Task Force, updated the Council on the Task Force's progress. She informed the Council that they are progressing well and have made some decisions regarding what City Council Minutes August 6, 1990 Page 2 e should go into the community center. She further indicated that Zack Johnson has worked closely with the group and has been a big help. She stated that the question to consider now is what property should be used for the community center and how much property. She requested that the Ci ty Council inform the Task Force of the areas that they would be interested in to locate the communi ty center. She further stated that a minimum of six acres would have to be considered. Councilmember Dobel complimented the Task Force on what they have done so far. He stated that he would like the Community Center Task Force to recommend several sites to the City Council and then have the City Council determine the appropriate site. Mayor Tralle also indicated that he would like some options presented to the Council from the Task Force. He further indicated that sewer and water would be a necessity for the community center. Councilmember Holmgren indicated that the design of the building will affect the cost and stated that the Task Force cannot go much further until the design of the building is determined. He indicated that the Task Force needs Zack Johnson's help in this area. e Councilmember Kropuenske stated that BRW has already done a study on this area and felt that they may be able to help the Task Force rather than have Zack Johnson do the work over again. The City Administrator suggested making the PUDstudies (done by BRW) available to Zack Johnson and possibly having Zack Johnson and Bill Weber from BRW meet to discuss this site selection issue. It was the consensus of the City Council to reinsert Part II, relating to the building design and sites, to Zack Johnson's 6/29/90 proposal. 5.1 Consider Overlay Bids Terry Maurer indicated that the City received a total of seven bids for the 1990 overlay construction. He stated that the lowest bidder was Munn Blacktop at $21,720. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-27, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE STREET OVERLAY IMPROVEMENT OF 1990. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2 Consider Seal Coat Bids Terry Maurer indicated that the City received four bids for seal coating. He indicated that the lowest bid was from Allied Blacktop Company at $27,498.45. Terry Maurer informed the Council that the bid came in lower than expected and requested to add other areas to the project. e Phil Hals, Street/Park Superintendent recommended that Ridgewood Estates and Mississippi Heights be added to the bid. He stated that this would come to a total of $12,204 which would be about $1,700 over the 1990 budget. City Council Minutes August 6, 1990 Page 3 e COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-28, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE STREET SEAL COATING IMPROVEMENT OF 1990, AND THAT THE CITY ENGINEER NEGOTIATE A CHANGE ORDER IN THE CONTRACT FROM ALLIED BLACKTOP COMPANY TO INCLUDE THE ADDITIONAL STREETS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3 Consider Sidewalk Pathway Plan Map The Council reviewed the proposed City sidewalk/pathway plan map. The Ci ty Administrator indicated that after approval of the pathway plan, changes will be made in the Assessment Manual and the map will be included within the Manual. Pat Klaers indicated that the side~alk reconstruction program will probably not take place this year. He indicated that it was the intention of the City staff to get the pathway plan on paper so that as areas are developed, the developers will be aware of the pathway plans. The City Administrator further stated that the area which will be considered for reconstruction first will be the area east and west of Proctor Avenue, south of Highway 10. It COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE SIDEWALK/PATHWAY PLAN AS PRESENTED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO AMEND THE MOTION TO INCLUDE THIS AS PART OF THE CITY'S COMPREHENSIVE PLAN WHICH REQUIRES A PUBLIC HEARING HELD BY BOTH THE PLANNING COMMISSION AND THE CITY COUNCIL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4 Consider Approval of Bids for Evans Avenue Project Terry Maurer, City Engineer, stated that the City opened the construction bids for the Evans Avenue. street improvement project. He stated that the City received three bids and that the lowest was from Bituminous Consulting and Contracting, Inc., at $141,215.50. Mr. Maurer recommended that the cost to be assessed against the benefitted properties be $145,850.24 which includes engineering and administrative costs. It was indicated by the City Attorney that acceptance of the lowest bidder will be considered after the assessment hearing. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-29, A RESOLUTION DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE EVANS AVENUE IMPROVEMENT OF 1990. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. It 5.5 Other Phil Hals indicated that the Police and Street Departments have received numerous complaints regarding drivers failing to yield as they. City Council Minutes August 6, 1990 Page 4 e enter Dodge Street from 189th Avenue. He indicated that due to these complaints, he and the Police Chief are recommending the installation of a stop sign on 189th Avenue at the intersection of Dodge Street and Deerfield III. COUNCILMEMBER KROPUENSKE MOVED TO INSTALL A STOP SIGN ON 189th AVENUE AT THE INTERSECTION OF DODGE STREET IN DEERFIELD III ADDITION. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6 Trunk Hi~hwaY 169 and Main Street Intersection Terry Maurer requested a resolution from the City Council which would request MnDOT's financial assistance in the upgrading of the Trunk Highway 169/Main Street intersection through a special agreement. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 90-30, A RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION'S FINANCIAL ASSISTANCE IN THE UPGRADING OF THE TRUNK HIGHWAY 169/MAIN STREET INTERSECTION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8 Consider Ordinance Resolution Relatin~ to Landfill Tippin~ Fee e The City Administrator stated that the City Council had temporarily reduced the solid waste tipping fee to $.50 per cubic yard for the Elk River Landfill. He stated that this must be done formally by resolution. Vicki Kreger, representing the Landfill, thanked the Council for reducing the landfill fee. Pat Klaers, City Administrator suggested that the landfill should be looking at other financial methods to retain Hennepin County's business because the City will be looking at the landfill tipping fee again in two months and may have to reinstate the tax. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 90-25, AN ORDINANCE RELATING TO THE CITY OF ELK RIVER LANDFILL SECTION 605.08(3). COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-31, A RESOLUTION RELATING TO SETTING THE CITY LANDFILL FEE PURSUANT TO SECTION 605.08(3) OF THE CITY CODE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1 Consider Resolution ApPointin~ Election Jud~es COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-32, A RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION TO BE HELD SEPTEMBER 11, 1990. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. tit 6.2 Ramsey Fire Department Mutual Aid Pat Klaers indicated that the City of Ramsey has established a Volunteer Fire Department and have requested to discontinue the Elk River/Ramsey Fire Contract. He stated that the City of Ramsey would City Council Minutes August 6, 1990 Page 5 . like to enter into a modified mutual aid contract with Elk River until the end of 1990. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE MUTUAL AID CONTRACT WITH THE CITY OF RAMSEY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3 Consider Adoption of Si~n Ordinance Dick Malotzik, representing Skoglund Sign Company, and Keith Franklin, representing Franklin Outdoor Advertising, were present. Both indicated that the section of the proposed ordinance relating to off premise signs prohibited within 300 feet of any intersection and within 100 feet of the site triangle of the intersection was confusing. They both stated that the 300 foot is overly restrictive and felt that the 100 foot triangle would establish what the City Council wanted to accomplish. e The Council discussed the letter from Scott Mitchell, owner of the Dairy Queen. Mr. Mitchell's letter stated that the proposed 300 square feet in area for advertising signs was restrictive. He stated that his sign faces are. 400 square feet and to reproduce the faces to 300 feet would be expensive. The Council discussed the size limit of advertising signs and the cost of retooling to resize the signs from 400 feet to 300 feet. The City Council recessed at 8:30 and reconvened at 8:35. Mayor Tralle stated that the economic impact on the local advertisers for reducing the size of signs to 300 square feet would be greater than expected and, therefore, felt that the signs should be 400 square feet in size. Councilmember Kropuenske and Councilmember Holmgren concurred. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 90-26, AN ORDINANCE AMENDING SECTION 900.22 - SIGN REGULATIONS, SUBD. 4e - SIGNS PERMITTED IN 1-1 AND 1-2 ZONES OF THE ELK RIVER CITY CODE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Schuldt opposed. Councilmember Schuldt stated that he felt the advertising signs should not exceed 300 square feet in area. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 90-27, AN ORDINANCE AMENDING THE CITY OF ELK RIVER CODE SECTION 900.22 - SIGN REGULATIONS, SUBD. 4d - SIGNS PERMITTED IN C3 ZONES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Schuldt opposed. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 90-28, AN ORDINANCE AMENDING SECTION 900.22 - SIGN REGULATIONS, SUBD. 3b - PROHIBITED SIGNS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4 Summary of Si~n Ordinance City Council Minutes August 6, 1990 Page 6 e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE SUMMARY OF SIGN ORDINANCES 90-26, 90-27, AND 90-28 FOR PUBLICATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5 Summary of LandscaDe Ordinance COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE SUMMARY OF ORDINANCE 90-22 FOR PUBLICATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6 Summary of Schedule of Dimensional Re~ulations COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE SUMMARY OF ORDINANCE 90-23 RELATING TO THE SCHEDULE OF DIMENSIONAL REGULATIONS FOR PUBLICATION. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7 Summary of Ordinance for Moratorium on Adult Oriented Land Use COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE SUMMARY OF ORDINANCE 90-21, RELATING TO REGULATION OF ADULT USES FOR PUBLICATION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9 Outlot A Bids e The City Administrator informed the Council that staff had advertised for bids to sell three lots created by the City. He stated that information on the lots was distributed to area builders and real estate professionals. The City Administrator informed the Council that staff received one bid for these three lots and that the bid was in the amount of $8,000 per lot. He indicated that staff is recommending rejection of this bid and return of the certified check. City Attorney, Tim Keane, stated that the City may use any type of marketing effort to try to obtain the best price for the property. Mayor Tralle indicated that it may be in the City's best interest to wait until next February or March to sell the lots. COUNCILMEMBER KROPUENSKE MOVED TO REJECT THE BID FOR $8,000 PER LOT AND TO RETURN THE FIVE PERCENT CERTIFIED CHECK. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the Council to post a "For Sale" sign on the lots with the City's phone number, and also, that the City not accept anything lower than $15,000 per lot. 6.10 Discuss City Prosecution Services Quote e The City Administrator informed the Council that the City has received three proposals for prosecuting services. The City Administrator suggested that staff take a closer look at the proposals submitted, interview the three applicants and have staff's recommended law firm visit with the Council. Councilmember Schuldt indicated that it may be in the City's best interest to have some of the Council be present City Council Minutes August 6, 1990 Page 7 e during the interviews. dollar amounts from all that staff is proposing see if all the proposals The City Administrator indicated that the three proposals are very close. He indicated to make a decision after the election and to would remain the same at that time. Mayor Tralle stated that the City is unsatisfied with the present situation. He stated that the County Attorney is an elected position and if a new County Attorney is elected, the City may ,wish to remain with the County. It was the consensus of the City Council to allow staff to interview and negotiate with the applicants. Mayor Tralle stated that any of the Council is welcome to sit in on the interviews. The City Administrator indicated that he would inform the Council of the dates and times of the interviews to allow Council participation. 6.11 Consider Park and Recreation Commission Recommendation from Au~ust Meetin~ e The City Administrator informed the Council that the Park and Recreation Commission unanimously recommended approval of the Parks Master Plan. He stated that this is an amendment to the Growth Management Plan and will require a public hearing. The City Administrator indicated that a public hearing would be held by the Planning Commission. Mayor Tralle suggested that the City work with the surrounding areas in planning for recreation. Mayor Tralle stated his concern regarding the limited funds that Elk River can afford for recreation and the fact that surrounding areas use Elk River's recreational facilities and services. Councilmember Dobel suggested finding land in Elk River for recreation and letting the surrounding areas use the facilities but to charge a user fee. The City Administrator indicated that the Recreation Commission recommended that the City donate funds for two mowers to the Ski Club for the grooming of the ski trail. He indicated that there is money in the Park and Recreation 1990 Budget for this type of expenditure. COUNCILMEMBER KROPUENSKE MOVED TO DONATE $380 TO THE NORDIC SKI FUND FOR THE PURCHASE OF TWO MOWERS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that the City will be working with the School District to develop soccer fields behind Parker School. 7. Check Re~ister e COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. City Administrator Update e e e City Council Minutes August 6, 1990 Page 8 The City Administrator distributed a memo to the Council. The memo was addressed to Don Heinzman from the Mayor regarding the Elk River Star News Article on the plan for the western area of the City. He indicated that there was some misunderstanding regarding the relocation of the softball fields and the fairgrounds. The City Administrator indicated that the relocation of the softball fields would be a Ci ty Council decision and relocation of the fairground facilities would be a Sherburne County Board decision. He stated that a decision on possible relocation of either of these facilities is not anticipated for a number of years. The City Administrator updated the Council on monetary donations to the D.A.R.E. program. He stated that First National Bank and the Chamber of Commerce have donated a total of $3,000 to the D.A.R.E. program. The City Administrator distributed a letter to Mayor Tralle from UPA stating that UPA is participating in the MnDOT Adopt a Highway program in an effort to help beautify Elk River. Don Heinzman informed the Council that Joni Astrup will be covering the City Council meetings. 10. Adjournment There being no further business, COUNCILMEMBER SCHULDT MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:45 p.m. Respectfully submitted, Sandra A. Thackeray City Clerk