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11-04-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 4, 1996 Members Present: Members Absent: Staff Present: 5.1a. 5.1b. Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and Holmgren None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Ach, City Planner; Steve Rohlf, Building and Zoning Admininstrator; Tom Zerwas, Chief of Police; Phil Hals, Street/Park Superintendent; Fritz Dolejs, Liquor Store Manager Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. Consider A.qenda COUNClLMEMBER FARBER MOVED TO APPROVE THE NOVEMBER 4, 1996, CITY COUNCIL AGENDA. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. OCTOBER 28, 1996, REGULAR CITY COUNCIL MEETING MINUTES - APPROVED 3.2. OCTOBER 28, 1996, SPECIAL CITY COUNCIL MEETING MINUTES - APPROVED 3.3. CHECK REGISTER - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one appeared for this item. Sweadnq In of New Police Officer Mayor Duitsman issued the Oath of Officer to Officer Robert Zirot. Update on Hiqhway 169 Traffic Enforcement Issues The Chief of Police reported that citations have been issued for running of red lights as follows: 14 citations in August; 19 citations in September; and 66 citations in October. The Chief of Police indicated that 30 hours of overtime has been used for the increase in patrol coverage and citations. The Chief of Police Elk River City Council Meeting November 4, 1996 Page 2 suggested that the stepped-up enforcement for traffic continue during the months of November and December. COUNCILMEMBER SCHEEL MOVED TO EXTEND OVERTIME HOURS FOR TRAFFIC ENFORCEMENT UP TO JANUARY 1, 1997. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1c. Update on Ordinance Reqard nfl Car Sales on Public Property Chief of Police Tom Zerwas reported that the City Council recently adopted an ordinance preventing private parties to sell vehicles in the city's public parking areas and road rights-of-way, He indicated that the police department has issued 17 violations in September and 6 in October for individuals who have been in violation of this ordinance. The Chief of Police discussed a recent accident which occurred on County Road 33 involving a gravel truck roll-over. Discussion was held by the Council regarding the speed limit along the "S" curve. Chief Zerwas indicated that he will be meeting with Barton Sand and Gravel representatives and the Sherburne County Sheriff in hopes to remedy the situation. Chief Zerwas stated that he will be recommending that the speed be reduced along the "S" curve in that area. Chief of Police Tom Zerwas updated the Council on the number of skateboarders and in-line skaters who are using Oak Knoll Park for these activities. He indicated that since Oak Knoll Park has been opened up to these types of activities, the police department has experienced a dramatic decrease in the calls regarding skateboarding at local businesses. 5.2. Consider Advertisin.q for Replacement of Zoninq Assistant Building and Zoning Administrator Steve Rohlf informed the Council that Kendra Lindahl, the city's zoning assistant, has accepted a planning position with the City of Plymouth. Steve Rohlf requested that the Council authorize staff to advertise for the vacancy created by Kendra Lindahl. COUNCILMEMBER DIETZ MOVED TO ADVERTISE FOR KENDRA LINDAHL'S POSITION AS DESCRIBED IN THE MEMO TO THE MAYOR AND CITY COUNCIL DATED NOVEMBER 4, 1996. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 5.3. Consider Resolution Approvin,q Special Le.qislation on Ditches Building and Zoning Administrator Steve Rohlf informed the Council that the City of Elk River and Sherburne County were successful in getting a special ditch law adopted by the Minnesota Legislature. The law allows the county to turn over the administration of a county ditch to the city if the city is willing to accept the responsibility. Elk River City Council Meeting November 4, 1996 Page 3 COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-97, A RESOLUTION PERTAINING TO THE CONVEYANCE OF COUNTY DITCHES TO THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Review Proposal for New Northbound Liquor Store Liquor Store Manager Fritz Dolejs introduced Gary Tushie of Tushie-Montgomery and Associates, Inc. Gary Tushie reviewed the architectural plans for the new Northbound Liquor Store. Mr. Tushie also reviewed the ma]or components of the plan such as the building and lot square footage, parking, landscaping, building colors, etc. The Council reviewed the plans and discussion was held regarding the following topics. The amount of space provided for recreational vehicles/trailers. The front of the building facing the Sax store versus the 169/193rd intersection. Signage. The City Administrator reviewed the proposed funding for the new Northbound Liquor Store. Additionally, it was acknowledged that the purchase agreement for the Westbound site has been signed by the city. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO MOVE FORWARD WITH THE CONSTRUCTION DOCUMENTS FOR THE NORTHBOUND LIQUOR STORE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council discussed the proposal which was offered by Sax Foods to incorporate Northbound Liquor Store into the Sax building. Fritz Dolejs indicated that after further evaluation he was not in favor of the Sax proposal because he felt that the business sales would decrease due to the location. It was the consensus of the Council not to pursue the proposal offered by Sax Foods. 5.5. Review of 1996-97 Snow and Ice Removal Routes and Policy Street/Park Superintendent Phil Hals reviewed the 1996-97 Snow and Ice Control Policy. COUNCILMEMBER FARBER MOVED TO ADOPT THE SNOW AND ICE REMOVAL POLICY AS PRESENTED BY STREET/PARK SUPERINTENDENT PHIL HALS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Phil Hals requested authorization to repair a damaged snowplow at a cost of $1,200. It was the consensus of the Council to move ahead with the repair. Street/Park Superintendent Phil Hals informed the Council that the winter of 1997- 98 may require added personnel to plow snow due to the number of new streets that will be added to the cit/. Discussion was held regarding contracting out this' service as opposed to hiring a part time operator. Phil Hals indicated that he would review this matter with the City Council at a later date. Elk River City Council Meeting November 4, 1996 Page 4 5.6. Review Council Meetin.q Dates Available for Interviewinq Board and Commission Applicants It was the consensus of the Council to interview board and commission applicants on January 6, 1996. 6.1. Final Plat for Derrick Investment City Planner Steve Ach indicated that Derrick Investment Company is requesting final plat approval for Cottages of Elk River. Steve Ach indicated that the developer is proposing to complete the plat in three phases. Steve Ach reviewed the staff report on this issue. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-98, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR COTTAGES OF ELK RIVER, CASE NO. P 96-9. COUNCILMEMBER SC:HEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business Mayor Duitsman indicated he has received a request for a contribution from the City of Elk River to the Rivers of Hope. It was the consensus of the City Council that they support the program, however they would like to review the request prior to making a decision as to whether to contribute to the program. Councilmember $cheel described a water abatement problem that she is experiencing in her neighborhood. She indicated that beavers have dammed up judicial ditch # 1 which is now known as Trott Brook. She suggested that one way to eliminate the problem would be to have the street department mow the brush down along the creek. It was the consensus of the Council to have staff review this issue with Councilmember Scheel and report back to the City Council. 8. Staff Updates There were no staff updates. 9. Adiournment 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 7:1,5 p.m. Respectfully submitted, Sandra Thackeray City Clerk Addendum to 11/4/96 City Council Minutes- Item 7. - Other Business 11/4/96 Excerpt of Council Minutes Regarding Council Member Scheel Issue Well, I am not going to make anybody happy but me, I hope. We have a water abatement problem in our neighborhood and since we do pay our dues for water abatement, then I think that we should maybe get some of our money back. The problem is dozens of beavers who have dammed up our ditch. Judicial Ditch #1, which has been abandoned by the county and it has never been taken over by the City, but it has grown up into a big boy and now it is Trott Brook instead of Ditch #1, but we have regularly been going out raking dams and tracking beaver. Mr. Brody got 7 in one day this week. We got to have something done to get rid of these. There are just vailes ancl miles of land that are flooded. I know that on Scott Schultz's farm there are some. I have talked to Mike McMulroy in St. Cloud, I have talked to Gary Phill in St. Paul, I talked to Bea Ramstad in St. Paul, I talked to Steve Rholf, I talked to Sherburne County, yes I talked to about everybody. I have been told to do it yourself flit is on your property. You can kill them ffthey are on your property, ff they are on the farm next door and they don't want their beavers shot or trapped then you leave those there and they will come over later and build a dam. I mean it's just stupid, you are damned if you do and you are damned ffyou don't. I do know how to solve part of the problem, and because we don't have any snow and it's too late to cut the grass maybe the park department or the street department can help us. We have got to get rid of the material. A beaver builds the lodge but the lodge is not where the dam is and when you pull the dam out all they do is come out and fix the dam. We have got to get rid of the lodges and I don't know how we can do that, but ff we can get rid of the dams, ff we pull the dams, and ff somebody can come and cut the brush along the edge of the creeks, we can't touch it, we can't do anything, people like Bodys and Toths and Gruys and all those north of us are just getting flooded out. Now if we can mow the dams it would be great, but ff somebody would just go in there and get rid of the trees, get rid of the brush along the edge of the creek; move it back far enough so the beaver can't push it into the creek and build another dam. So, I would appreciate using some of the money that we --- I mean it is a water abatement problem to those people who are being flooded out and I realize that we will probably have to chip in too. Anybody can get rid of these things with the permission of the land owners. North of there, behind Scott Schultz, is the girl scout land and you don't kill flies on the girl scout land. So these beaver are like rats, they don't just breed in the spring, it is an ongoing thing. You have got this nice httle warm lodge where all these httle critters are It's is worse than the Evans place, let's put it that way, it's worse than Main and Evans. These people are being punished. We have got to get rid of the lodges and if they don't have material they won't build again. I talked to Steve Rohlf about 9:00 this morning and he said he would get back to me today with what he found out but he hasn't called so apparently he hasn't found out anything. It would be nice ff something could be done before it freezes and some of that water would go on down the creek. s:\council\beaver.doc