08-06-1990 CC MIN
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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
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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.
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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.
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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.
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August 6, 1990
Page 3
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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.
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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.
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August 6, 1990
Page 4
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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
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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.
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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
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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.
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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.
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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
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August 6, 1990
Page 6
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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
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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
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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
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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~
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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
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COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
9. City Administrator Update
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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