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12-15-1997 CC MINEXECUTIVE SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 15, 1997 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren None Pat Klaers, City Administrator; Lori Johnson, Assistant City Administrator; Sandra Thackeray, City Clerk; Tom Zerwas, Chief of Police; Peter Beck, City Attorney; and Erik Hawes, City Attorney 10.1B. Call Meetinq To Order Pursuant to due call and notice thereof, the Executive Session meeting of the Elk River City Council was called to order pursuant to Section 471.705, Subd. ld(e) of Minnesota State Statutes at 8:11 p.m. by Mayor Duitsman in order to discuss matters protected by the attorney/client privilege. City Attorney Erik Hawes updated the Council on the personnel issue relating to former police employee Matt Habben. The City Attorney distributed the agreement that had been drafted regarding the matter. The City Council reviewed the terms and conditions of the agreement. 10.1C. Adjournment There being no further business, MAYOR DUITSMAN ADJOURNED THE EXECUTIVE SESSION OF THE CITY COUNCIL AT 8:20 P.M. The Executive Session of the Elk River City Council was adjourned at 8:20 p.m. City Clerk MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 15, 1997 Members Present: Members Absent: Staff Present: Aisc Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Lori Johnson, Assistant City Administrator; Steve Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney; Terry Maurer, City Engineer; Steve Ach, City Planner; Tom Zerwas, Police Chief; and Erik Hawes, City Attorney Judy Thompson, Planning Commission Representative 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 p.m. by Mayor Duitsman. Consider A,qenda Item 3.9. was moved to ,5.1. Item 6.4. was moved to 8.2 COUNCILMEMBER THOMPSON MOVED TO APPROVE THE COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5a. 3.5b. 3.5c. 12/1/97 CITY COUNCIL MINUTES - APPROVED ZONE CHANGE REQUEST BY CITY OF ELK RIVER FROM R-lA TO R-1E, ZC 97-8 - POSTPONED TO 1/20/98 PAUL KRAUSE REQUEST FOR CONDITIONAL USE PERMIT, P 97-28 - POSTPONED TO 1/20/98 REQUEST FOR PRELIMINARY PLAT, HIDDEN CREEK, P 97-17- POSTPONED TO 1/20/98 FINAL PAY ESTIMATE FOR MACON STREET/RIVERVIEW DRIVE IMPROVEMENTS TO CW HOULE, INC. IN THE AMOUNT OF $14,623.29 - APPROVED PAY ESTIMATE #3 FOR HIGHWAY 169 FENCING AND LIGHTING PROJECT TO COLLISYS, INC., IN THE AMOUNT OF $140,838.45 - APPROVED PAY ESTIMATE #2 FOR HIGHWAY 169 AND 197TM AVENUE SIGNAL TO ELECTRIC SERVICE COMPANY IN THE AMOUNT OF $49,274.90 - APPROVED Elk River City Council Meeting December 15, 1997 Page 2 3.5d. 3.6. 3.7. 3.8. 3.10. PAY ESTIMATE #7 FOR IMPROVEMENTS TO HILLSIDE CROSSING II TO MID MINNESOTA CONCRETE IN THE AMOUNT OF $6,311.85 - APPROVED MATCHING OF $5,000 IN FUNDS TO THE ELK RIVER AREA ARTS COUNCIL - APPROVED RESOLUTION 97-124 DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 5 LYING WITHIN DEVELOPMENT DISTRICT NO. 1 IN THE CITY OF ELK RIVER - APPROVED RESOLUTION 97-125 DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 8 LYING WITHIN DEVELOPMENT DISTRICT NO. 1 IN THE CITY OF ELK RIVER - APPROVED RESOLUTION 97-126 CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE MODIFICATION OF DEVELOPMENT DISTRICT NO. 1 AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 18 - APPROVED RESOLUTION 97-127 APPROVING PREMISES PERMIT RENEWAL FOR CELEBRITY BOWL CHARITIES - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Lake Orono Study and Recommendation Building and Zoning Administrator Steve Rohlf presented the Lake Orono Sedimentation and Water Qualify Study. He explained that the Lake Orono Sedimentation Task Force has been meeting since May of 1995 to study the lake. Steve Rohlf reported that the water qualify has been studied. He indicated that the study found that there were no significant levels of contaminants in the lake, however, there were high levels of phosphorus. He stated that the Committee recommends reducing the manmade sources of phosphorus in both the Elk River and Lake Orono. Steve Rohlf reported that significant levels of fecal coliform have been found in the lake in July and August. The Committee recommends monitoring the lake for fecal coliform weekly throughout the swimming season. He further reported that it is believed that the fecal coliform is of animal origin which is considered less of a health threat than those from human origin. Steve Rohlf reported on the sedimentation stating that the suspended sediment is not considered a major issue as more suspended sediment is leaving the lake than entering. However, bedload is a heavier material and is deposited in the lake. He indicated that sources of erosion upstream from the lake should be eliminated as much as possible. Steve explained that if bedload is not removed, the lake will eventually fill and become a river once again. Steve Rohlf stated that the timing of the project is an issue because of the availability of land near the lake for depositing the material that must be removed from the lake. Steve explained that if the material has to be trucked away from the immediate lake area, the cost would increase significantly. Steve Rohlf proceeded to identify the areas the Task Force has recommended for correction. He indicated that the Task Force is recommending the mid range project which will cost approximately $750,000. Elk River City Council Meeting December 15. 1997 Page 3 Discussion was held regarding funding of the project. Steve Rohlf indicated that the important factor is whether or not the lake owners are interested in doing a project and, if so, how much of an assessment are they willing to bear. He indicated that the Lakeowners Association Task Force is willing to work with the property owners around the lake to get a feeling for this issue. Steve Rohlf requested the Council to consider starting the permitting process by working with Wenck and Associates, the US Army Corps of Engineers, DNR, and MPCA, and also to work with the Lake Orono Improvement Association and the City Engineer. Steve Rohlf informed the Council that the preliminary work on this project could cost up to $15,000. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO PROCEED WITH THE PRELIMINARY WORK FOR THIS PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed at 6:55 p.m. and reconvened in the Council Chambers at 7:00 p.m. 5. Open Mike No one appeared for this item. 3.9. Consider Transient Merchant License for Dennis Froelich Councilmember Thompson indicated that he is concerned about the city's transient merchant ordinance which allows non residents of the city to market their items, taking away from local businesses who pay property taxes and license fees. He suggested that one way to deal with this situation would be to raise the city's fee for a transient merchant license. The City Attorney suggested reviewing the ordinance which deals with regulations for transient merchants, peddlers and solicitors. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE A TRANSIENT MERCHANT LICENSE FOR DENNIS FROELICH CONTINGENT UPON A BACKGROUND CHECK BEING APPROVED BY THE POLICE DEPARTMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Utilities Commission Update Utilities Commission representative John Dietz updated the City Council on issues that were discussed at the November and December Utilities Commission meetings. 6.2. Community Recreation Board Update Councilmember Holmgren updated the City Council on Community Recreation activities. He indicated that the City of Otsego has decided to stay with the Community Recreation program for at least one more year. Elk River City Council Meeting December 15, 1997 Page 4 The City Administrator indicated that Jeff Asfahl has been in contact with the owners of the former Prairie House Restaurant to lease the building for some type of local recreation program that would be operated by the city. 6.3. Boys and Girls Club of America 6.5. Councilmember Thompson updated the Council on progress of the Steering Committee. He indicated that the Steering Committee will become the temporary board of directors and serve until June 30, 1998. Councilmember Thompson gave an update on the Steering Committee's progress in working together with the Lion's Club and Boys and Girls Club of America. MSF Update on State Grant Proposal City Administrator Pat Klaers updated the Council on the status of the Minnesota Spods Federation request for state financial assistance for their construction project. 6.6. Solid Waste Chan.qes Proposed by Sherburne County Building and Zoning Administrator Steve Rohlf updated the Council on solid waste issues which are being discussed by the Sherburne County Board. He indicated that these changes could affect the City of Elk River in many ways. COUNCILMEMBER DIETZ MOVED TO REQUEST THE SHERBURNE COUNTY BOARD TO DENY THE INTRASTATE ORDINANCE FOR EASTERN SHERBURNE COUNTY'S REFUSE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5- 0. MAYOR DUITSMAN MOVED THAT IT IS THE CITY'S INTENTION, IF AT ALL REASONABLE, TO BRING THE REFUSE TO THE RDF PLANT TO HELP THE COUNTY MEET THE REQUIRED QUOTA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Personnel Committee Recommendations Assistant City Administrator Lori Johnson indicated that the Personnel Committee has reviewed some year-end issues and is recommending Council consideration of these issues. COUNCILMEMBER DIETZ MOVED TO APPROVE THE FOLLOWING EFFECTIVE JANUARY 1, 1998: THAT MILT KINNUNEN, STREET DEPARTMENT EMPLOYEE, BE PROMOTED TO LABORER WITH A 32 HOUR WORK WEEK AND STARTING PAY OF $8.47, STEP B OF PAY GRADE 4, INCREASING TO STEP C, $8.87, ON JULY 1, 1998. THAT THE POSITION OF ICE ARENA WORKER 1 HAVE A POINT VALUE OF 43 POINTS WHICH IS A PAY GRADE 2. THAT THE POSITION OF ICE ARENA WORKER 1 MOVE UP ONE STEP IN THE PAY PLAN AFTER EACH 750 HOURS IN THE POSITION. Elk River City Council Meeting December 15, 1997 Page 5 6.8. 7.1. 7.2. 7,3. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED .F,- 0. Consider 1998 Bud,qet and Tax Levy City Administrator Pat Klaers stated that the City Council is requested fo adopt a budget resolution which would approve the 1998 general fund budget and to adopt a tax levy resolution which authorizes the final tax levy for 1998. He indicated that the issue to be determined is whether or not the Council wishes to create a reserve for special projects and how much money the Council wants to designate for this reserve. Mayor Duitsman requested comments from the public regarding the general fund levy and budget. There were no comments regarding either of these issues. Councilmembers Farber and Holmgren indicated they were in favor of using the entire $149,650 for special capital projects. Councilmember Thompson suggested using $75,000 of the $149,650 if it were earmarked for a specific project. Councilmember Dietz indicated he would be in favor of using $75,000 if the money were earmarked for the Lake Orono project. MAYOR DUITSMAN MOVED THAT $149,650 BE DELETED FROM THE GENERAL FUND TAX REVENUE LINE ITEM AS DISCUSSED ON NOVEMBER 3, 1997, AND THAT A RESERVE ACCOUNT BE ESTABLISHED IN THE AMOUNT OF $100,000 IN TAX REVENUE TO BE USED FOR CERTAIN CAPITAL PROJECTS WHICH WILL BE DETERMINED AT A CAPITAL IMPROVEMENT WORKSESSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Dietz and Thompson opposed. Consideration of the tax levy resolution and the general fund budget resolution was tabled until later in the evening. Conditional Use Permit Request by Elk River Shopping Center, Public Hearing Case No. CU 97-29 This issue has been postponed to the January 20, 1998, City Council meeting. Conditional Use Permit Request by Elk River Shoppin.q Center, Public Hearin.q Case No. CU 97-30 This issue has been postponed until the January 20, 1998, City Council meeting. Preliminary and Final Plat Request by Country Rid.qe, Inc., Public Hearing Case NO. P 97-18 City Planner Steve Ach indicated that Country Ridge, Inc. is requesting a preliminary plat to subdivide approximately 20 acres into one industrial lot and one outlot at the location of the northwest corner of Joplin Street and 183~d Avenue. Steve Ach indicated that Country Ridge, Inc., is also requesting a final Elk River City Council Meeting December 15, 1997 Page 6 plat for this same issue. Steve Ach reviewed the staff report on both the preliminary and final plats. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNClLMEMBER FARBER MOVED TO ADOPT THE PRELIMINARY PLAT REQUESTED BY COUNTRY RIDGE, INC., CASE NO. P 97-18, TO SUBDIVIDE APPROXIMATELY 20 ACRES INTO ONE INDUSTRIAL LOT AND ONE OUTLOT AT THE NORTHWEST CORNER OF JOPLIN STREET AND 183"D AVENUE WITH THE FOLLOWING CONDITIONS: THE APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED ON THE LOTS. THAT THERE BE NO ACCESS FROM LOT 1, BLOCK 1, COUNTRY CROSSING BUSINESS CENTER 2ND ADDITION ONTO 183~D AVENUE. A BUFFER STRIP CONSISTING OF EARTH BERMING AND PLANTING BE INSTALLED ALONG 183~D AVENUE AT THE TIME THE PARCEL IS DEVELOPED. THE SURFACE WATER MANAGEMENT FEE MUST BE PAID PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING. THE WATER AVAILABILITY CHARGE OF $300 FOR ONE LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-128 GRANTING FINAL PLAT APPROVAL FOR COUNTRY CROSSING BUSINESS CENTER 2ND ADDITION, CASE NO. P 97-18. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Request by the City of Elk River for Ordinance Amendment Relatin.q to Accessory Structures, Public Hearing Case No. OA 97-15 City Planner Steve Ach indicated that the City of Elk River is requesting an ordinance amendment relating to maximum square footage allowed for accessory structures and the architectural standards applicable to accessory structures. He explained that the issue relates to accessory structures on large lots located within the urban service area. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor DuJtsman closed the public hearing. PIQnning Commission Representative Thompson indicated that the Planning Commission had a concern regarding forewarning the public that the accessory structure may need to be removed when the property is developed. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 97-26 AMENDING SECTION 900.20 OF THE CITY CODE OF ORDINANCES RELATING ACCESSORY Elk River City Council Meeting December 15, 1997 Page 7 STRUCTURES, CASE NO. OA 97-15. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. Consider Meetinq Schedule Mayor Duitsman indicated that the City Council should set a worksession fo discuss the proposed development of the Earl Hohlen and Waddy Schulze properties. It was the consensus of the Council to hold a worksession on this issue on January ,5, 1998, following the regular meeting. 6.4. 6,8. Steve Ach distributed a handout and updated the Council on the closure statement that has been received for the Earl Hohlen mobile home park. Authorization to Continue COPS FAST Hirinq Proces~ Police Chief Tom Zerwas indicated that the preliminary hiring process for the COPS FAST position has been completed. He requested authorization fo continue on with the next phase which is psychological and medical examinations for the two candidates. He reminded the Council that this phase is a conditional offer of employment. Mayor Duitsman indicated that he would like to see the City Council authorize the Personnel Committee to review the captain position pdor fo the January ,5 Council meeting to see where it would fit in the pay plan. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PERSONNEL COMMITTEE TO REVIEW THE CAPTAIN POSITION FOR JOB DESCRIPTION, CLASSIFICATION AND SALARY PRIOR TO THE JANUARY 5 MEETING. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Continue 1998 Bud,qet and Tax Levy Discussion Assistant City Administrator Lori Johnson distributed a revised resolution for the tax levy. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-129 AUTHORIZING THE FINAL TAX LEVY FOR CALENDAR YEAR 1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Dietz and Thompson opposed. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-130 APPROVING THE 1998 MUNICIPAL GENERAL FUND BUDGET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers DJefz and Thompson opposed. Staff Updates Assistant City Administrator Lori Johnson informed the Council that the fire department equipment van had been involved in an accident. Councilmember Farber discussed his concern regarding the possibility of using Opficom Systems with the city's signals. City Engineer Terry Maurer indicated Elk River City Council Meeting December 15, 1997 Page 8 that MnDOT may be requesting that all of the city's signals use the Opticom System. Loft Johnson informed the Council that Kraus Anderson had sold Elk Park Center to Bradley Real Estate, Inc. New assessment guarantees were obtained from Bradley Real Estate, Inc. 10.1. Executive Session of the City Council Mayor Duitsman called an Executive Session of the City Council to discuss attorney/client privilege pursuant to Section 471.705, Subd. l d(e) of the Minnesota State Statutes. Mayor Duitsman recessed the City Council meeting at 8:10 p.m. for an Executive Session. Mayor Duitsman reconvened the City Council at 8:25 p.m. 11. 6.4. 12. Discuss City Attorney Recommendation in Reqard to Executive Session COUNCILMEMBER HOLMGREN MOVED THAT: WHEREAS THE COUNCIL HAS BEEN INFORMED BY ITS ATTORNEYS OF THE BENEFITS OF RESOLVING THE OUTSTANDING GREIVANCE OF MATT HABBEN AND LAW ENFORCEMENT LABOR SERVICES ACCORDING TO THE TERMS PROPOSED TO THE COUNCIL AND ACCORDING TO THE CONDITIONS NEGOTIATED BY THE ATTORNEYS FOR THE CITY AND THE ATTORNEY FOR THE UNION, I MOVE THAT THE COUNCIL AGREE TO ACCEPT THE TERMS OF THE PROPOSED AGREEMENT AND TO THE CONDITIONS AGREED TO BY THE ATTORNEYS AND MOVE TO DIRECT PAT KLAERS TO SIGN THE PROPOSED AGREEMENT ON BEHALF OF THE CITY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED S-0. COPS FAST Officer The City Administrator informed the Council that staff will be proceeding with the psychological and medical examination of the two candidates for the COPS FAST officers. He indicated that the City Council can determine whether the officers hired will be COPS FAST officers or regular officers at the January 5 City Council meeting. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE POLICE CHIEF TO PROCEED WITH THE PSYCHOLOGICAL AND MEDICAL EXAMINATIONS FOR THE TWO TOP CANDIDATES FOR THE COPS FAST OFFICERS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting December 15, 1997 Page 9 The meeting of the Elk River City Council was adjourned at 8:30 p.m. Respectfully submitted, Sandra Thackeray (~/ City Clerk