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06-01-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 1, 1998 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, and Holmgren Members Absent: Councilmember Farber Staff Present: Pat Klaers, City Administrator; Terry Maurer, City Engineer; Sandra Thackeray, City Clerk; Phil Hals, Street/Park Superintendent; Steve Rohlf, Building and Zoning Administrator; Laurie Mezera-Kerr, Environmental and Zoning Code Enforcement Officer 1. 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. 2. Consider Agenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE 6/1/98 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Aqenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. CHECK REGISTER - APPROVED 5/26/98 CITY COUNCIL MINUTES - APPROVED 6/22/98 CITY COUNCIL MEETING CANCELED - APPROVED EXEMPTION FROM LAWFUL GAMBLING FOR DUCKS UNLIMITED - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4- O. 4.1. Consider Hearinq on Tobacco Ordinance The City Clerk reviewed the draft tobacco ordinance. She informed the Council of the amendments that were made following the Council's first review of the ordinance on April 27, 1998. The City Clerk reviewed the major provisions of the ordinance and indicated that it was the city's intent to at least meet the statewide minimum standards. Discussion was held regarding the city's definition of vending machine and whether or not a vending machine behind a counter or locked door would be allowed in an establishment to sell cigarettes. The City Clerk indicated that according to the city's definition of vending machine, as long as the person seeking to purchase the tobacco or tobacco product has no direct contact with the vending machine and the machine is Elk River City Council Minutes June 1, 1998 Page 2 not located in an area where the public can access it, then a vending machine would be allowed. It was the consensus of the City Council to allow this situation for vending machines. The City Clerk noted that establishments which use these types of vending machines would be monitored through the licensing renewal process and through compliance check process. Mayor Duitsman opened the public hearing. Steve Schmlnski, Circle C Store, informed the Council that he stood behind the city's ordinance, however, he indicated a concern about the self service restriction not applying to tobacco shops which derive at least 90 percent of their revenue from tobacco and tobacco related products. The City Clerk indicated that this verbiage was taken directly from the state law. Discussion took place as to whether the city could be more restrictive and ban the sale of single packages of cigarettes or smokeless tobacco in open displays at these types of establishments. Mayor Duitsman requested the City Clerk to contact the City Attorney regarding this issue and the tobacco shop to see if there are any signs at the business indicating that persons younger than 18 years of age are not allowed to enter. There being no fudher comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 98-10 AMENDING SECTION 708, ENTITLED CIGARETTE SALES, BY REPEALING THE ENTIRE SECTION AND ENACTING A NEW SECTION 708 ENTITLED TOBACCO REGULATIONS. COIJNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4- O. 4.2. Consider Approval for Renewal of Liquor Licenses The City Clerk requested Council approval of liquor licenses for the 1998-99 licensing year. She indicated that all license fees, insurance policies, and documentation has been submitted by the liquor licensing establishments. COUNClLMEMBER HOLMGREN MOVED TO APPROVE RENEWAL OF LIQUOR LICENSES FOR THE 1998-99 LICENSING YEAR AS PER THE ATTACHED LIST. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.3. Consider Hirin.q Street/Park Maintenance I Employee Street/Park Superintendent Phil Hals updated the City Council on his recommendation for the Maintenance I full time person and four seasonal summer employees. 4.4. Review the Selection Process for the City Planner Position City Administrator Pat Klaers reviewed his memo indicating the proposed selection process for the City Planner position. It was the consensus of the City Council that Councilmember Thompson and Planning Commissioner Louise Kuester be present during the interview process and that the two top Elk River City Council Minutes June 1, 1998 Page 3 candidates be prepared to come to a City Council meeting to interview with the Council. The City Administrator indicated that there may be a need to extend the deadline for this position and that the city engineer should also be added to the interview team. 4.5. Park and Recreation Commissioner Resignation COUNCILMEMBER DIETZ MOVED TO ACCEPT THE RESIGNATION OF KENT MADSEN, PARK AND RECREATION COMMISSIONER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO ADVERTISE TO REPLACE THE PARK AND RECREATION COMMISSION VACANCY CREATED BY KENT MADSEN'S RESIGNATION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4- 0. 4.6. Consider Resolution Determining Cost to be Assessed and Ordering Preparation of Assessment Roll for Lake Orono Sedimentation Removal City Engineer Terry Maurer informed the Council that the city received three bids for the Lake Orono Sedimentation project. The Iow bid was from Veit and Company in the amount of $469,962. He informed the Council that there will be other costs to this project. It was the consensus of the Council that the assessment amount remain at $2,200 per property owner. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-59 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF LAKE ORONO SEDIMENT REMOVAL IMPROVEMENT OF 1998. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON MONDAY, JUNE 29, 1998, AT 6 P.M., TO HOLD THE ASSESSMENT HEARING FOR THE LAKE ORONO SEDIMENTATION REMOVAL PROJECT AND TO CONSIDER REGULAR COUNCIL BUSINESS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.7. Code Enforcement Update Environmental and Zoning Code Enforcement Officer Laurie Mezera-Kerr updated the City Council on the following issues: · SCORE Grant · Spring Clean Up Day · Code Enforcement · Reoccurring Nuisance Cases Laurie Mezera-Kerr requested permission from the Council to research other communities' nuisance codes and enforcement policies dealing with nuisances such as junk vehicles, noxious weeds, uncut lawns, and the removal of junk and debris. Elk River City Council Minutes Page 4 June 1, 1998 COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE ENVIRONMENTAL AND ZONING CODE ENFORCEMENT OFFICER TO PROCEED WITH THE RESEARCH AND ORDINANCE AMENDMENT ADDRESSING NUISANCE CODES AND ENFORCEMENT POLICIES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.8. Buildin.q Depadment Annual Report Building and Zoning Administrator Steve Rohlf presented the 1997 Building Department Annual Repod. Following discussion of the monitoring wells located at the old city dump south of County Road 12, it was the consensus of the Council to continue to monitor these wells. 6. Open Mike No one appeared for this item. o Capital Improvement Worksession The City Council recessed to the Training Room to discuss capital improvement issues at 7:10 p.m. Mayor Duitsman reconvened the Council at 7:20 p.m. In relation to Item 4.3.t on the agenda, Lori Johnson indicated that a Council motion would be necessary to hire the employees for the Street/Park Depadment. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY TO HIRE DON BIRDSAL, PARK MAINTENANCE I EMPLOYEE TO START JUNE 22, 1998, AT A WAGE OF `$$9.43 PER HOUR WITH AN INCREASE TO `$$9.88 PER HOUR AFTER COMPLETING A SlX MONTH ORIENTATION PERIOD, DUSTIN STENGLEIN, LAURA ANDERSON, SARA HOPKO, AND AARON OSCARSON, SEASONAL PART TIME EMPLOYEES AT `$$7.30 PER HOUR. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council met in a worksession to discuss issues listed in the attached memo to the Mayor and City Council from Pat Klaers, City Administrator, dated June 1, 1998, regarding Capital Improvement Program Worksession. General discussion pursued regarding the issues listed in the memo, especially the east Elk River project. Mayor Duitsman indicated a concern over the transportation issues in the area north of County Road 12 and west of the new County Road 13 project. Additionally, the Mayor stated he would not like to see trunk utility assessments exceed .$6,500 per acre. The following motions were made at this meeting: .0. MAYOR DUITSMAN MOVED TO CALL A MEETING OF THE CITY COUNCIL FOR SEPTEMBER 28, 1998, TO BEGIN THE 429 ASSESSMENT PROCESS BY HOLDING PUBLIC HEARING FOR THE EXTENSION OF CITY SERVICES TO THE EAST ELK Elk River City Council Minutes June 1, 1998 Page 5 RIVER PROJECT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Holmgren opposed. 3.d. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-60 REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENTER INTO A COOPERATIVE AGREEMENT FOR IMPROVEMENT~ TO THE ~I~NAL SYSTEMS ALONG TRUNK HIGHWAYS 10 AND 169. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Duitsman adjourned the City Council meeting at 9:05 p.m. Respe/tfully submifte~ City Clerk