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07-22-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 22, 1996 Members Present: Mayor Duitsman, Councilmembers Holmgren, Dietz, Scheel, and Farber Members Absent: None Staff Present: Pat Klaers, City Administrator; Peter Beck, City Attorney; Lori Johnson, Assistant City Administrator; Tom Zerwas, Police Chief; Steve Rohlf, Building and Zoning Administrator; Steve Ach, City Planner; Sandra Thackeray, City Clerk; Kendra Lindahl, Zoning Assistant; Scott Harlicker, Planning Assistant; Cliff Skogstad 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:0O p.m. by Mayor Duitsman. 2. Consider Council Aqenda Item 5.5. was moved ahead of Item 5.2. COUNClLMEMBER HOLMGREN MOVED 1'O APPROVE THE JULY 22, 1996, COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent A.qenda COUNClLMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: e 6.4. 7. JULY 15, 1996, CITY COUNCIL MINUTES - ITEMS 5.9. AND 7.13. AMENDED - -- APPROVED AS AMENDED CONDITIONAL USE PERMIT FOR SCHOOL DISTRICT NO. 728, CASE NO. CU 96- 11 -- APPROVED CHECK REGISTER -- APPROVED COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Consider Fire Relief Request for 1995 and 1996 City Contribution Assistant City Administrator Lori Johnson stated that the Re!ief Association is requesting an increase i~ the per year benefit to $2500 up from $2350. She stated that the Relief Association is also requesting that the Council contribute the balance of the $17,500 that was requested in 1995 as well as the 1996 contribution of $17,500. Jim Nystrom, president of the Fire Relief Association spoke on behalf of the Relief Association. Mayor Duitsman indicated he felt that the city should pay the firefighters based on the amount of time they put in to the city. He also indicated he felt the city should hire an actuary to do a study on the Relief Association. Elk River City Council Meeting July 22, 1996 Page 2 Councilmember Farber stated that he did not feel the city should hold the 1995 contribution of $17,500. Councilmember Scheel concurred with Councilmember Farber. COUNCILMEMBER FARBER MOVED TO APPROVE $17,500 FOR 1995, LESS THE MINIMUM CONTRIBUTION WHICH WAS PAID IN 1995. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Diefz opposed. COUNCILMEMBER FARBER MOVED TO INCREASE THE PER YEAR BENEFIT TO THE RELIEF ASSOCIATION OF $2500. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Dietz opposed. COUNCILMEMBER SCHEEL MOVED TO SET UP A MEETING WITH THE ENTIRE FIRE DEPARTMENT AND THE CITY COUNCIL TO DISCUSS BENEFITS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Consider Proposal from Facility Systems, Inc., on Furniture for Office Renovation City Clerk Sandra Thackeray stated that staff is requesting Council to authorize the expenditure of funds in the amount of $28,000 for modifications to City Hall. She stated that the modifications will consist of the addition of four new offices, furnishing seven offices, and making minor revisions to the copy room and reception area. She further stated that funding for this anticipated expansion was planned during the initial building of City Hall. The City Clerk indicated that the city belongs to the State of Minnesota Purchasing Cooperative and, therefore, receives an excellent price on the furniture. She indicated that the list price for the modifications is $68,000, but the city cost is $28,000. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $28,000 FOR THE MODIFICATIONS TO CITY HALL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. 5.2. Consider Riqhts-of-Way/Easement Project Contribution to LMC City Administrator Pat Klaers indicated that the League of Minnesota Cities is requesting municipalities to help pay for implementing a program to preserve the ability for cities to manage public rights-of-way. He indicated that the cost to the city would be $891 and indicated that staff supports this expenditure. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE EXPENDITURE OF $891 FROM THE CITY COUNCIL CONTINGENCY FUND PAYABLE TO THE LEAGUE OF MINNESOTA CITIES FOR THE LOCAL MANAGEMENT OF PUBLIC RIGHTS-OF-WAY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting July 22, 1996 Page 3 6.1. 6.2, 6.3. 5.3. City of Elk River Request for Ordinance Amendment to Establish New Use Entitled Animal, Nutrition, and Aqricultural Research, Public Hearin.q Case No. CA 96-9 City of Elk River Request for Zone Chanqe from Rl-a to I1, Public Hearin.q Case No. ZC 96-10 City of Elk River Request for Ordinance Amendin.q Permitted and Conditional Uses in the I! and 12 Districts and Definition for Li.qht/Heavy Manufacturin.q, Public:. Hearin.q Case No. CA 96-4 COUNClLMEMBER HOLMGREN MOVED TO POSTPONE ITEMS 6.1., 6.2., AND 6.3., UNTIL THE AUGUST 19, 1996, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Housin.q Maintenance Ordinance Building and Zoning Administrator Steve Rohlf reviewed the staff report on the proposed Housing Maintenance Ordinance which the city is initiating. He indicated that the main purpose of the ordinance is to determine the health, safety, and welfare issues of apartments. Mayor Duitsman opened the public hearing. Sherry Emerson of Guardian Angels Foundation distributed a handout to the Council which indicated the types of inspections which the Guardian Angels apartments are required to have. She indicated that the Guardian Angels Apartments are a different situation than normal apartments and requested the city to consider them exempt. She further indicated that she felt the city's inspection program would be an invasion of privacy. Building Official Cliff Skogstad indicated that the city's inspections will be different from the HUD inspections which the Guardian Angels apartments are required to have. He further indicated that it is the city's responsibility to maintain the building codes. David Kuefler, apartment manager, indicated that he was not opposed to the housing inspection program, however, he would lille some clarification to some certain parts of the ordinance. Mr. Kuefler discussed the issues of inspections every year, controlled access entry, and the timeframe as to how long the apartment manager has to correct the violation. Mr. Kuefler also had a concern regarding the city's fee structure for the inspection program. Mark Pendergrass, River City Apartments, indicated he had a concern with the city's fee structure, stating that it was too high as proposed. He further indicated he had a concern with the city proposing an annual inspection. He suggested that the city consider random inspections. COUNCILMEMBER SCHEEL MOVED TO CHARGE $12 PER UNIT FOR THE INSPECTIONS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED $-0. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-56, A RESOLUTION ESTABLISHING FEES FOR RENTAL DWELLING LICENSES AND REINSPECTION OF RENTAL Elk River City Council Meeting July 22, 1996 Page 4 DWELLINGS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-17, AN ORDINANCE AMENDING THE ELK RIVER CITY CODE OF ORDINANCES TO INCLUDE SECTION 1007, HOUSING MAINTENANCE ORDINANCE, CASE NO. OA 96-10. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Rohlf noted that the job description and salary range for the housing inspector would be reviewed in the near future. 5.4. Public Hearinq Request by Sherburne County to Acquire a Portion of Hillside Park for County Road 12 Up.qrade Building and Zoning Administrator Steve Rohlf indicated that Sherburne County is proposing to upgrade County Road 12 to County State Aid standards in 1997. He indicated that in order to meet these standards the hill adjacent to Hillside Park must be lowered. He further stated that there is an existing driveway which is very steep east of the park. He indicated that the county is proposing to relocate the driveway to the west and bring its grade to less than 10 percent. This would require the county to acquire a podion of Hillside Park. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE SALE OF THE PROPERTY TO SHERBURNE COUNTY WITH THE FOLLOWING STIPULATIONS: THAT THE CITY DOES NOT RETAIN OWNERSHIP OF THE PROPERTY THE DRIVEWAY CROSSES. THAT A FAIR PRICE FOR THE PROPERTY AND ADDITIONAL LAND THE COUNTY WILL NEED TO ACCOMMODATE THE DRIVEWAY IN QUESTION AND INCREASE THEIR RIGHT-OF-WAY FROM 33 FEET FROM THE CENTER LINE TO 50 FEET BE NEGOTIATED WITH THE CITY ADMINISTRATOR. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. OPEN MIKE Tom Gilgenbach discussed vandalism that is being experienced in the Deerfield III neighborhood. He suggested the possibility of including street lights in the neighborhood. He fudher indicated that the residents suggested that the street lights be of a design that would fit into the neighborhood. Mayor Duitsman suggested that the neighbors contact the Street Lighting Committee regarding this request. 6.5. Consider Sidewalk alon,q Riverview Drive in Mississippi Oaks 2nd Addilion Mayor Duitsman stated that the City Council previously reviewed the final plat for Mississippi Oaks 2nd Addition. He indicated that during the review, a six foot wide sidewalk was proposed along the north side of Riverview Drive as it extends through the plat. Mayor Duitsman questioned whether it was necessary to have Elk River City Council Meeting July 22, 1996 Page 5 sidewalks extending through the plat due to the limited amount of traffic on the street. Dana Anderson, Park and Recreation Commission Chair, reviewed a map of the area and stated that there would be a significant amount of traffic in the area in the future and felt that a sidewalk at this time was warranted. After fudher discussion it was the consensus of the Council to have the sidewalk constructed along the north side of Riverview Drive. 6.6. Jim Charest Code Violations Zoning Assistant Kendra Lindahl discussed the code violations on the Jim Charest property consisting of debris and junk vehicles. COUNCILMEMBER FARBER MOVED TO DIRECT STAFF TO WORK WITH THE CITY ATTORNEY TO PREPARE AN ACTION PLAN WHICH MAY INCLUDE LEGAL ACTION TO ADDRESS MR. CHAREST'S FAILURE TO COMPLY WITH THE APPROVED SITE PLAN AND OPERATING A JUNK YARD WITHOUT A CONDITIONAL USE PERMIT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Other Business Stucco on Cinema Buildin.q COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE EXPENDITURE OF $900 TO HIRE A CONTRACTOR TO CONCRETE THE WALL CAP AS RECOMMENDED BY PHIL HALS, STREET/PARK SUPERINTENDENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Staff Updates There were no staff updates. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 8:30 p.m. Respectfully submitted, Sandra Thackeray ~' City Clerk