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09-08-1997 CC MINSPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER $, 1997 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren None Pat Klaers, City Administrator: Sandra Thackeray, City Clerk: Peter Beck, City Attorney; Steve Ach, City Planner; Stephen Rohlf, Building and Zoning Inspector: Terry Maurer, City Engineer; and Tom Zerwas, Chief of Police Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Ell( River City Council was called to order at 7:10 p.m. by Mayor Duitsman. 2. Consider Aqenda 4.1, The following items were added to the agenda: 8.1. Tax Levy Resolution Library Project Update COUNCILMEMBER THOMPSON MOVED TO APPROVE THE SEPTEMBER 8, 1997, CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3,1. 3.2. 3.3. AUGUST 25, 1997, CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED NO PARKING ZONE DESIGNATED FROM 2-6 A.M. FOR THE AREA FROM 61/~, STREET, NORTH THROUGHOUT THE AUBURN PLACE CUL-DE-SAC AND A NO PARKING ZONE ON THE WEST SIDE OF AUBURN PLACE FROM 61/2 STREET TO THE SOUTH END OF THE NEIGHBORHOOD PARK - APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Request by Phoenix Enterprises for Final Plat Approval IHillside Crossinq South II) Case No. P 97-7 City Planner Steve Ach indicated that the preliminary plat for Hillside Crossing South II was reviewed by the council on August 18. The plat involves Elk River City Council Meeting September 8, 1997 Page 2 approximately 7 acres and divides the property into two commercial lots. Discussion was held regarding the need to require the developer to submit a revised concept plan to the council for review and approval. Mayor Duitsman indicated that he would like to ensure that the road and parking lot are maintained a reasonable distance from the residents. It was the consensus of the council to include a 50 foot setback distance from the east for the parking lot or building as a condition in the final plat. It was the consensus of the council to delete conditions 7 and 9 relating to grading and drainage as these issues can be dealt with at the time of concept review. The council also consented to delete Item #11 requiring a revised concept plan to be submitted to the council for review. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-88 GRANTING FINAL PLAT APPROVAL FOR HILLSIDE CROSSING SOUTH TWO - CASE NO. 97-7. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. Councilmember Dietz indicated he voted against the memo as he did not feel that condition number 11 should be deleted. 5.1. Consider Leqal Action Reqardinq Non-Conformin.q Billboards Steve Rohlf indicated that staff is recommending legal action against sign companies who have violated the city's sign ordinance. He explained that several billboards were damaged during the July 1 storm. He indicated that a majority of these signs were nonconforming billboards and were red-tagged by the city indicating a permit is required prior to reconstruction. Steve Rohlf explained that many of the nonconforming signs were reconstructed without a permit and therefore, in violation of the city's sign ordinance. C:OUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO PURSUE LEGAL ACTION AGAINST THE SIGN COMPANIES WHO HAVE VIOLATED THE CITY'S SIGN ORDINANCE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Consider Elk River Eastern Urban Service Area Environmental Assessment Worksheet Building and Zoning Administrator Steve Rohlf explained that notice of the East Elk River Urban Service Area Environmental Assessment Worksheet (EAW) has been published and posted and the comment period expired on August 13, 1997. Steve Rohlf reviewed his memo which included responses to comments on the Environmental Assessment Worksheet. He indicated that staff recommends that there is not a need for an Environmental Impact Statement (ELS) on this project. Attorney for the Dorsey Whitney Law firm, representing Cargill, requested additional time to allow Cargill to prepare comments on the EAW. She indicated that Cargill would like to address issues that relate to road construction and the ultimate expansion and development of the urban service area. She requested the council to delay a decision on the EAW until October 20. MAYOR DUITSMAN MOVED TO ADOPT RESOLUTION 97-89 REGARDING THE ENVIRONMENTAL REVIEW PROCESS FOR THE EAST ELK RIVER URBAN SERVICE AREA Elk River City Council Meeting September 8, 1997 Page 3 ROAD PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Consider Wetland Recommendation for the Cherwwood Hills Plat Steve Rohlf indicated that Mr. John Peterson of Good Value Homes has made application to fill 11,790 square feet of two separate wetlands to accommodate the plat of Cherrywood Hills. He indicated that staff recommends approval based on the following: The original delineation was performed by Svoboda Ecological Resources on September 23, 1996 and supplemented on July 17, 1997 by Svoboda. The Technical Evaluation Panel reviewed the proposal on May 15, 1997. One wetland is proposed to be filled due to aligning the access into the plat opposite an existing road and sequence flexibility was invoked on the second wetland because of being degraded. On July 23, 1997, the city sent out combined notification of the proposed filling and replacement plan to the appropriate agencies and did not receive any negative comments on the proposal. COUNCILMEMBER FARBER MOVED TO APPROVE THE PROPOSED FILL AND MITIGATION PLAN FOR THIS PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Open Mike Resident of 19265 Dodge Street indicated his concern about traffic on Dodge Street just south of 193rd Avenue. The resident questioned whether any action has been taken to monitor speed and whether there would be a possibility of putting up Children at Play signs. Police Chief Zerwas suggested the possibility of lowering the speed to 25 mph or installing a speed dip. He indicated that he would discuss this issue with the Street Superintendent. 7.1. Review Existinq Charitable Gambling Ordinance Relatinq to Number of Premises Permits The City Clerk indicated that the council has requested to look at the existing charitable gambling issue as it pertains to the number of premises permits per organization. She indicated that there is a concern with the ratio of gambling organizations to the number of establishments available to sell pull tabs. The City Clerk stated that currently the VFW and Elk River Youth Hockey sell pull tabs at two different locations in the city. Bill Konop, VFW gambling manager indicated that the VFW has committed funds for the next 7-8 years to develop a sports complex in Otsego. He stated that if they lose a pull tab site, it will extend the payment period to 14-16 years. He indicated that the VFW has donated many funds to the City. He further stated that property owners should have the right to determine who they want to sell pull tabs in their establishments. Earl Greer, VFW member indicated that most of the money made by the gambling organizations goes to the State. He suggested that the city find a way to fund Lake Orono with the State funds. Mayor Duitsman explained that Lake Elk River City Council Meeting September 8, 1997 Page 4 Orono has nothing to do with the issue this evening. He indicated that there are limited locations in the city for other worthwhile charitable organizations to sell pull tabs. Barb Gustafson, Elk River Youth Hockey (ERYH) Gambling Manager, indicated that Elk River Youth Hockey has already committed funds to build the pull tab stand at their new location at the Time Out Sports Bar. She further indicated that Elk River Youth Hockey has made financial commitments to the Ice Arena. She requested the council to grandfather Elk River Youth Hockey if the Council limits the number of locations per organization. Mayor Duitsman indicated his support of grandfathering the VFW and ERYH for ten years. Councilmember Farber supported grandfathering the two organizations indefinitely. Councilmember Dietz supported grandfathering the two organizations for a maximum of five years. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO PREPARE AN ORDINANCE AMENDMENTS LIMITING THE NUMBER OF PREMISE PERMITS PER GAMBLING ORGANIZATION TO ONE WITH THE CONDITION THAT VFW AND ELK RIVER YOUTH HOCKEY BE COVERED UNDER A GRANDFATHER CLAUSE, ALLOWING THEM TO OPERATE AT THEIR TWO EXISTING LOCATIONS FOR A TEN YEAR PERIOD. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. 7.2. Consider Premises Permits for VFW COUNCILMEMBER FARBER MOVED TO ADOPT THE FOLLOWING RESOLUTIONS: RESOLUTION 97-90 APPROVING PREMISES PERMIT RENEWAL FOR THE ELK RIVER- ROGERS VFW POST #5518 TO OPERATE AT THE EAGLES AERIE #3264. RESOLUTION 97-91 APPROVING PREMISES PERMIT RENEWAL FOR THE ELK RIVER ROGERS VFW POST #5518 TO OPERATE AT THE SUNSHINE DEPOT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Consider Resolution Acceptinq Bid and Authorizinq Execution of the Contract for the TH lO/Simonet Drive Left Turn Lane COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-92 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SIMONET DRIVE/TH 10 LEFT TURN LAND IMPROVEMENT OF 1997. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Consider Resolution Acceptin.q Bid and Authorizinq Execution of Contract for TH 10/Proctor Intersection Improvements COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-93 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE TH 10/PROCTOR AVENUE INTERSECTION IMPROVEMENT OF 1997. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting September 8, 1997 Page 5 7.5. Consider Recommendations from Personnel Committee City Administrator Pat Klaers reviewed the staff report from Assistant City Administrator Lori Johnson regarding recommendations made by the personnel committee. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE FOLLOWING RECOMMENDATIONS MADE BY THE PERSONNEL COMMII'I'EE: 1. BUILDING/HOUSING INSPECTOR - CREATION OF A BUILDING/HOUSING INSPECTOR POSITION AT 78 POINTS, PAY GRADE 13; APPROVAL OF JOB DESCRIPTION FOR BUILDING/HOUSING INSPECTOR; AND THE ELIMINATION OF THE HOUSING INSPECTOR POSITION. 2. POLICE RESERVES - PAY INCREASE FOR POLICE RESERVES FROM $8 TO $10 PER HOUR EFFECTIVE JANUARY 1, 1998. 3. PARK FOREMAN - CREATION OF PARK FOREMAN POSITION AT 68 POINTS, PAY GRADE 10; APPROVAL OF JOB DESCRIPTION FOR PARK FOREMAN; AUTHORIZATION TO PROMOTE TERRY BYE TO THE POSITION OF PARK FOREMAN EFFECTIVE JANUARY 1, 1998, STARTING AT STEP K. 4. LABORERS - AUTHORIZATION TO RECLASSIFY TWO LABORER EMPLOYEES TO MAINTENANCE I POSITIONS EFFECTIVE SEPTEMBER 1, 1997, MOVING THEM TO PAY GRADE 7, STEP E AS FOLLOWS: JOE PIPENHAGEN WILL RECEIVE AN INCREASE OF $1.56 AND CHRIS HOLZEM WILL RECEIVE AN INCREASE OF $2.11. 5. JERRY MACKEDANZ - THAT JERRY MACKEDANZ BE CLASSIFIED AS A PART TIME MAINTENANCE II EMPLOYEE WITH A PAY INCREASE EFFECTIVE JANUARY 1, 1998, TO STEP D OF PAY GRADE 8, AN INCREASE OF APPROXIMATELY $1.25 PER HOUR. 6. ICE ARENA MAINTENANCE SUPERVISOR - APPROVAL OF JOB DESCRIPTION FOR ICE ARENA MAINTENANCE SUPERVISOR WITH A POINT RANKING OF 58 POINTS, PAY GRADE 7; THAT CASE HAYWARD BE FULL TIME EFFECTIVE SEPTEMBER 1, 1997 AS ICE ARENA MAINTENANCE SUPERVISOR WITH AN INCREASE FROM $8 PER HOUR TO $10.05 PER HOUR, STEP C EFFECTIVE SEPTEMBER 1, 1997. 7. ICE ARENA WORKERS - THAT A JOB DESCRIPTION BE APPROVED FOR THE FOLLOWING POSITIONS ALONG WITH PAY FOR THE UPCOMING SEASON. ICE ARENA WORKER ONE ICE ARENA WORKER TWO ICE ARENA WORKER THREE CASHIER $7.50 PER HOUR $6.50 PER HOUR $6.00 PER HOUR $6.00 PER HOUR THESE ICE ARENA WORKER POSITIONS WILL BE INCORPORATED INTO THE PAY PLAN AND POINT RANKINGS DETERMINED WHEN THE 1998 PAY PLAN IS PRESENTED TO THE COUNCIL FOR APPROVAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting September 8, 1997 Page 6 7.6. Consider Hirinq a COPS FAST Officer Chief Zerwas requested authorization to fill one of the two available COPS FAST positions. It was the consensus of the Council to hire an officer to fill the vacancy of a previous officer. The Council indicated it would like to wait on the hiring of COPS FAST officers until it has had a chance to determine the outcome of the DARE program and to meet with the police department regarding the department organizational structure. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE POLICE CHIEF TO HIRE DALE OLMSHEID AS A POLICE OFFICER WITH MONEY TO COME FROM THE COUNCIL CONTINGENCY FUND. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.7. Consider Police Union Contract for 1997-1999 The City Administrator indicated that the terms and conditions have been agreed upon by both parties for the police union contract. He indicated that if approved, staff will be recommending that the change in the sick time policy be the same for all city employees. COUNCILMEMBER FARBER MOVED TO APPROVE THE 1997-1999 CITY AND POLICE UNION PROPOSAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Discussion on City/School Liaison Proqram City Administrator Pat Klaers reviewed the proposal staff is planning to make to the School Board in regard to the D.A.R.E. Officer and the Junior/Senior High Police Liaison Officers. He indicated that the city is recommending to offer the D.A.R.E. elementary program to the school district at no cost for the schools within the city limits provided that the school reimbursement to the city for the two junior/senior high liaison officers increase by about 6 percentage points per year. The school currently pays 42 percent of the expenses and receives about 75 percent of the officers time. It was the consensus of the council to bring this offer to the School Board. 7.9. Consider Sponsorship of Council Member and Park and Recreation Commissioner in the chamber leadership Pro.qram COUNCILMEMBER HOLMGREN MOVED TO SPONSOR COUNClLMEMBER THOMPSON AND PARK AND RECREATION COMMISSIONER HUBERTY IN THE CHAMBER LEADERSHIP PROGRAM WITH THE REGISTRATION FEES TO COME FROM THE COUNCIL CONTINGENCY FUND. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Other Business 8.1. Tax Levy City Administrator Pat Klaers indicated that the City has just received revised tax levy information from the state and, therefore, the council should consider Elk River City Council Meeting September 8, 1997 Page 7 adopting a revised tax levy resolution. This resolution was reviewed and distributed. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-94 AUTHORIZING THE PROPOSED MAXIMUM TAX LEVY FOR CALENDAR YEAR 1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Farber left the meeting at this time. 8.2. Zone Chan,qe Reqarding Wilson Property COUNCILMEMBER THOMPSON MOVED TO CONTINUE THE PUBLIC HEARING ON THE WILSON PROPERTY ZONE CHANGE, SCHEDULED FOR SEPTEMBER 15, TO OCTOBER 20, 1997. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.3. Library Land Purchase City Administrator Pat Klaers informed the council that a purchase agreement has been signed to purchase the property north of the Library. 9. ,Staff Updates 9.1. Board of Canvass Meetinq COUNCILMEMBER HOLMGREN MOVED TO CALL A BOARD OF CANVASS MEETING FOR SEPTEMBER 24, 1997, AT 5:15 P.M. TO CANVASS THE RESULTS OF THE PARK BOND REFERENDUM. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10. Adjournment There being no further business, COUNCILMEMBER THOMPSON MOVED TO ADJOURN THE COUNCIL MEETING. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River was adjourned at 8:55 P.M. Respectfully submitted,