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09-08-1986 CC MIN e REGULAR WEEKLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. SEPTEMBER 8. 1986 6:30 p.m. Tour of the Assembly of God Church Members Present: Mayor Hinkle, Councilmembers Engstrom and Gunkel, Councilmember Tralle joined the Council after Item 4A. Members Absent: Councilmember Schuldt Staff Present: City Administrator, Patrick Klaers; Building and Zoning Administrator, Stephen Rohlf; Street Superintendent, Phil Hals Also Present: Peter Beck, of Larkin Hoffman Lawfirm; and Hal Pierce, of Pierce and Associates 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. ~ 2. 9/8/86 City Council Agenda Items 3.5 - Open Mike, and 11.5 - Check Register were added to the agenda. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE SEPTEMBER 8, 1986, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. City Council Minutes A. 8/12/86 Minutes COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE AUGUST 21, 1986, CITY COUNCIL MINUTES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. B. 8/25/86 Minutes Councilmember Gunkel requested that an Item #10.5 be added to the minutes, showing a motion made by Councilmember Gunkel nominating Duane Kropuenske to serve on the Planning Commission, seconded by Councilmember Schuldt, vote 4-0. It was also noted that on page 3, Item 4, Line 2, the minutes should read "$1,000 per month" rather than "$1,000 per year." e COUNCILMEMBER GUNKEL MINUTES AS AMENDED . MOTION PASSED 3-0~ MOVED APPROVAL OF THE AUGUST 25. 1986. CITY COUNCIL COUNCILMEMBER . ENGSTROM SECONDED THE MOTION. THE e e e Page 2 City Council Minutes September 8. 1986 3.5 Open Mike COUNCILMEMBER GUNKEL MOVED TO APPOINT MS. MARCIA WEBB TO THE LIBRARY BOARD TO FILL THE UNEXPIRED TERM OF BETTY ZEHRINGER: SAID TERM TO EXPIRE 12/31/87. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Councilmember Gunkel requested that the names of the two other interested persons be kept on file for future openings that may come up. 4. Appointments and Oaths of Office A. James Tralle. Ward 2 City Councilmember Oath of Office B. Duane Kropuenske: Planning Commission Member COUNCILMEMBER TRALLE MOVED TO APPOINT MR. DUANE KROPUENSKE TO SERVE ON THE ELK RIVER PLANNING COMMISSION. FILLING THE UNEXPIRED TERM OF JAMES TRALLE. EFFECTIVE IMMEDIATELY; SAID TERM TO EXPIRE 12/31/87. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Police Officer COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE POLICE CHIEF THOMAS ZERWAS TO HIRE DAVID SIEVERT TO SERVE AS A POLICE OFFICER FOR THE CITY OF ELK RIVER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. It was the consensus of the City Council that the City Administrator place an ad in the local newspaper for a candidate to serve on the Planning Commission to fill the vacancy left by the resignation of Thomas Warner. D. HRA COUNCILMEMBER GUNKEL MOVED TO APPOINT DUANE KROPUENSKE TO THE HRA TO FILL THE UNEXPIRED TERM OF WARREN WILLIAMS: SAID TERM TO EXPIRE 12/31/90. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. E. Assistant Civil Defense Director COUNCILMEMBER GUNKEL MOVED TO APPOINT ASSISTANT FIRE CHIEF DUANE MORDAL TO SERVE AS THE CITY'S ASSISTANT CIVIL DEFENSE DIRECTOR. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4~0. F. Acting City Administrator Mr. Klaers recommended that an acting City Administrator be appointed to take over such duties as signing official documents aud authority to call special meetings in his absence. Page 3 e City Council Minutes September 8. 1986 COUNCILMEMBER ENGSTROM MOVED TO APPOINT LORI JOHNSON AS ACTING CITY ADMINISTRATOR IN THE ABSENCE OF PATRICK KLAERS. CITY ADMINISTRATOR. AS THE NEED ARISES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Bid Award for Proposed Public Works Facility e Phil Hals. Street Superintendent. and Mr. Hal Pierce. Architectural consultant. explained the bid process and the reason for the City to act as the general contractor. Mr. Hals explained the highlights of his memo to the Mayor and City Council dated September 5. 1986. which was inadvertently not sent out in the City Council packet of information. which is attached to and a part of these official minutes. Mr. Hals stated that the low bidder was Wells Concrete at a cost of $107.550. which is for a building shell and roof of precast concrete. Mr. Hals further stated that Wells could pour the walls mid October and have the walls standing by mid November. Mr. Hals explained that additional cost include. costs for the foundation. insulation and interior walls. Mr. Hals further explained that they only received one bid for the foundation for $17.300 and that they are considering a re-bid. Mr. Hals noted that the next bid package will be for the electricl. heating. plumbing. doors. and windows. etc. Mayor Hinkle questioned whether or not the additional costs beyond the building shell itself could be kept under $100.000. Mr Hals stated that he felt that would not be a problem. COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 86-64. A RESOLUTION AWARDING THE CONTRACT FOR THE PUBLIC WORKS FACILITY BUILDING SHELL TO THE LOW BIDDER. WELLS CONCRETE. IN THE AMOUNT OF $107.550. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. MPCA Consideration of UPA Air Emission Facility Permit Mr. Klaers explained that the City's Building and Zoning Administrator. Steve Rohlf. City Attorney. David Sellergren. the City's RDF Consultant Mr. Klovning. and himself had met to review the draft burning permit. He further explained that the document is very technical and difficult to understand and that the City's Consultant played a very significant role in analyzing and interpreting the permit. Mr. Klaers stated that in their discussions they found it difficult to separate where their concerns should be addressed; in the UPA Burning permit or the conditional 'use permit. He further stated that Councilmember Schuldt was unable to attend tonight's meeting but have submitted his concerns in a memo to the Mayor and City Council dated September 5. 1986. which is attached to his memo in the Council packets. e He further explained that the attached memorandum from Mr. Sellergren dated September 5, 1986. is a summary of the recommendations regarding comments on the draft UPA Burning Permit and is directed to the Council for their consideration and comments. e e e P ag e 4 City Council Minutes September 8. 1986 Discussion was carried on regarding the specific sections of the burning permit. The following concerns were noted: (1) way to prevent all ash from being disposed of in Elk River (2) require both a clay and vinyl liner (3) way to assure that City be notified of violation of any of Permit conditions (4) remedy for violation comment. Council felt it should be worded if dioxin limits are exceeded. and/or if the burn temperature falls below 1800 degrees. then shut down should occur and not stating that if both conditions are needed for shut down. COUNCILMEMBER TRALLE MOVED TO AUTHORIZE THE CITY ATTORNEY TO SUBMIT THE COMMENTS AND CONCERNS OF THE CITY COUNCIL AND CITY STAFF TO THE MPCA. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 7 . Signs A. Bank of Elk River Application for Sign Mr. Rohlf explained that the Bank of Elk River is requesting that they be allowed to place a sign at the new plaza office which would be a 25 foot high. 3 face. triangular. plylon sign. 48 square feet per face. Mr. Rohlf noted that the orginal site plan. which was reviewed and approved by the Planning Commission and City Council. shows a pylon sign. and further. that the Planning Commission unaninimously recommended approval of the sign request as presented. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE SIGN REQUEST BY THE BANK OF ELK RIVER AS PRESENTED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Elk River Mall Sign Policy Mr. Daniel Raustadt of Daniel Sign Company. was present to represent owners of the Elk River Mall. Mr. Rohlf explained that they were requesting approval of the attached Sign Criteria so that the Mall could control their signs themselves without having to obtain approval from the Planning Commission and City Council for each individual sign. as the PUD ordinance currently states. Mr. Rohlf further explained that the Planning Commission recommended approval of the proposal. adding the following criteria: (1) no flashing signs. (2) no banners. (3) no temporary signs. (4) 10 days for repairs. rather than 30 days. and (5) include anchor tennants to follow criteria. Page 5 e City Council Minutes September 8. 1986 Discussion was carried on regarding the proposed sign criteria and Planning Commission recommendations. The City Council reached a consensus on the following: (1) The Anchor tennants should be excluded from the Elk River Mall Sign Criteria and would need to meet normal sign requirements for PUD's (Require Planning Commission and City Council approval). (2) That banner and temporary signs be allowed for the anchor tennants (3) That the sign criteria for the Mall be considered a blanket sign permit to be enforced by the owners of the Mall. and they would not be required to obtain an individual permit form the City. but that if a sign other than those allowed in the mall sign criteria was requested. it would require Planning Commission and City Council approval e (4) That the City Staff research how the sign guidelines can be added to the PUD/Developer's Agreement as an amendment (5) That the above items be presented to the City Council in resolution form for their consideration at their next meeting C. Installation of Stop Signs COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE INSTALLATION OF STOP SIGNS ON 197TH STREET AT ITS INTERSECTION WITH ULYSSES STREET. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Consideration of Liquor liability Issue and Liquor license for Sneaky Pete's Restaurant Discussion was establishments Swanson. Sneaky Van V alkenburg. carried on serving wine Pete's owner participated regarding liquor and 3.2 beer. Paul Bell. and the in the discussion. liability insurance for Dino's Pizza owner Patti Sunshine Depot's owner Rob COUNCILMEMBER GUNKEL MOVED TO APPROVE A WINE LICENSE AND 3.2 NON- INTOXICATING MALT LIQUOR LICENSE FOR SNEAKY PETE'S RESTAURANT OWNED BY PAUL BELL. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4- o. 9. Improvement Projects Resolutions Assesment Public Hearing Date e COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 86-65. A RESOLUTION AMENDING RESOLUTION 86-61. A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR BITUMINOUS OVERLAY PROJECT FORRIDGEWOOD EAST AND RIDGEWOOD EAST THIRD ADDITIONS. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4- o. e e e Page 6 City Council Minutes September 8, 1986 COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 86-66, A RESOLUTION AMENDING RESOLUTION 86-63. A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEWER AND WATER MAIN IMPROVEMENTS ON. SIMONET DRIVE. 6TH LANE AND XENIA AVENUE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Special Assessment Roll Adoption for 1983 Improvement on Third Street It was the consensus of the City Council to direct City Staff to contact Mr. Gary Santwire, owner of the SAS Building Supply. informing him that the Council has determined that the $1,000 assessment will be spread over 3 years at 7 percent. Mr. Klaers stated that he would then bring the matter back to the City Council in the form of a resolution adopting the assessment. 11. City Budget Discussion was carried on regarding the 1987 budget to be presented to the City Council at the September 22, 1986 meeting. 11. 5 Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE SEPTEMBER 2, 1986 CHECK REGISTER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4- O. 12. Other Business A. City Administrative Office Mr. Klaers' comments are summarized as follows: Sherburne Lodge - Size - 3,600 square feet, Staff feels size is adequate Rent $6.50 square foot, (approximately 24,000 per year) Includes utilities and snow removal. Availability - Current rentor's lease is up November 30, then on month-to-month. City offices could move in December 1, if Council decides to lease Lodge. Assembly of God Church - Size 10,800 square feet. Could rent upstairs only, or rent entire facility and sub lease space not needed. Possibility of locating Police Department facilities at church site, not possible with Lodge Rent - Approximately $4.36 per square foot, may go up Availability - congregation is moving to new church in very near future Page 7 e City Council Minutes September 8. 1986 Purchase Assessed value $300.000. Price $280.000 at present. may be able to negotiate Present City Hall Facilities - Could save approximately applied to an annual lease about $5.000 per year. $10.000 for utilities that can be agreement and culd rent City Hall for Mr. Jim Simpson gave the following comments: Sherburne Lodge Good access to downtown; If rent rather than buy. Lodge best choice; Would be short term fix. Assembly of God Church More Options. space for future growth or could lease out space; four separate heating and cooling systems; heat $1.800 net. electric $300/month; well built building; good space for Council Chambers; if sub leased out lower level. west end has walk-out. separate from City offices; if buy rather than rent. Church best option (Could negotiate deal. perhaps $30.000 down. $30.000/year) e Present City Hall - Worth approximately $100.000. cost approximately $25.000 for demolition. Mr. Duane Kropuenske gave the following comments: Sherburne Lodge - Not in favor of separating administration offices. Assembly of God Church - More potential. useab1e 5-7 years. Present City Hall - Not sure of proposed revenues of leased out old building. Should look at selling current property. Counci1member Gunkel gave the following comments: If renting. she is in favor of Lodge. If possible to purchase Church property. would be best option. Church has potential for growth. allow for flexibility. Possibility of renting out space for needed daycare facilities. Has been goal since serving on City Council to obtain adequate facilities. Feels acquisition of church property would fill need and allow some growth. Would take off pressure and allow time to find means to build new facilities that will be needed in future. e Discussion was carried on regarding a lease purchase arrangement for new facilities. Discussion was also carried on regarding another bond referendum and what the community's reaction would be. Counci1member Engstrom stated that he felt if the City is going to rent. then the Lodge would be the best choice and if they were going to try to purchase. the Church would be his choice. e e e Page 8 City Council Minutes September 8, 1986 Mayor Hinkle stated that he was in favor of renting; that it would buy them some time to collect their thoughts. He further stated that he would like to see the City build new facilities that they could add on to if the City continues to grow as it has. He stated that he wanted to build or acquire facilities that the City could be proud of 20 years from now. Mayor Hinkle further stated that he could foresee problems with the Church property, such as traffic congestion, with its close proximity to the schools. He concluded that he felt the price was right to rent the Lodge, that it would serve their needs for the next 2 to 3 years and give them time to research the options available for new facilities. Discussion was carried on regarding the present City Hall structure, it value and possible uses. Discussion was also carried on regarding the County Administration Building as a future option. Councilmember Gunkel stated the Lodge and Church because time, and that as a result that the Council originally decided to tour they felt renting was the best route at this it appears the Lodge would meet their needs. COUNCILMEMBER ENGSTROM NEGOTIATIONS FOR THE SECONDED THE MOTION. MOVED TO DIRECT CITY STAFF TO BEGIN LEASING SHERBURNE LODGE PROPERTY. COUNCILMEMBER GUNKEL THE MOTION PASSED 4-0. Mayor Hinkle noted that he would like the following items considered in the lease agreement: 1. A 2 or 3 year lease rather than the proposed 5 years. 2. The lunchroom area to be used for City Council Chambers. 3. Use of the P.A. system. 4. Heat and electric included in rental fee. 5. Snow removal provided by lodge. 6. Who will pay for remodeling to set up offices and handicap access upstairs. Discussion was carried on regarding the possibility of the HRA forming a corporation by which they could borrow money at a favorable interest rate to finance new City facilities. 12B.VFW Gambling License It was the cosensus of the City Council that no action wuld be taken on this item. e e e Page 9 City Council Minutes September 8. 1986 Peter Beck discussed issues relating to the RDF permit process with members of the City Council. He further discussed research he has been doing on solid waste for the past several months. It was the consensus of the City Council that Peter Beck be directed to prepare a draft solid waste management ordinance to regulate all types of solid waste disposal within the City of Elk River. COUNCILMEMBER TRALLE MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. The meeting was adjourned at 11:00 p.m. Respectfully submitted. DlxnaA /{/W~ Deborah Kleckner ~ Recording Secretary