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11-23-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 23, 1998 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren None Pat Klaers, City Administrator; Lori Johnson, Assistant City Administrator/Finance Director; Phil Hals, Street/Park Superintendent; Steve Wensman, Planner; Sandra Peine, City Clerk; Steve Rohlf, Building and Zoning Administrator 0 4.]. Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River was called fo order at 6:00 p.m. by Mayor Duifsman. Consider 11/23/98 Agenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 11/23/98 COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 11/16/98 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED RESOLUTION 98-128 AUTHORIZING THE ELK RIVER POLICE DEPARTMENT TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF MINNESOTA - APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Rich and Tammy Schmidt for a Variance, Public Hearinq Case No. V 98-12 Planner, Steve Wensman, stated that Rich and Tammy Schmidt of 11265 192nd Avenue NW have requested a 5 foot variance from the side yard building setback requirement in order to construct a 12 foot wide deck. Steve Wensman indicated that the Council tabled this issue fo allow staff fo gather more information for the City Council regarding this matter. He informed the Council that the ordinance amendment dated March 18, 1996, relating to the R1C zoning requirements affected only the unsewered dimensional requirements, and therefore had no effect on the applicant's property because they have city City Council Minutes November 23, 1998 Page 2 sewer and water. Additionally, it was noted that the applicants purchased their property on July 23, 1997. Steve Wensman indicated that staff and the Board of Adjustments recommends that the City Council deny the request for a 5 toot variance from the side yard setback requirements, based on four of the five criteria for granting a variance not being met. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO DENY THE REQUEST FOR A ~5 FOOT VARIANCE FROM THE SIDE YARD BUILDING SETBACK MADE BY RICH AND TAMMY SCHMIDT OF 1126,5 192ND AVENUE NW BASED ON FOUR OF THE FIVE CRITERIA FOR GRANTING A VARIANCE NOT BEING MET. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP BECAUSE THE APPLICANTS WISHES FOR A LARGER DECK DOESN'T CONSTITUTE A HARDSHIP. A DECK CAN STILL BE BUILT. FURTHERMORE, THE SLIDING DOOR IS ONLY A FEW FEET OFF THE GROUND AND THE APPLICANT COULD BUILD STEPS OFF THE SLIDING DOOR TO A PATIO RATHER THAN A DECK AND NOT HAVE TO WORRY ABOUT SETBACKS. A GROUND LEVEL PATIO MIGHT OFFER MORE PRIVACY AS WELL. STAFF CANNOT ACCOUNT MISINFORMATION GIVEN AS IT IS UNDOCUMENTED. FINANCIAL HARDSHIP IN THIS CASE DOES NOT CONSTITUTE A HARDSHIP. o THE HARDSHIP IS NOT CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. OTHER PROPERTIES IN THE AREA HAVE THE SAME SETBACKS AND SIMILAR HOUSE PLANS. THE APPLICANTS CAN BUILD A DECK OR A PATIO, JUST NOT TO THEIR DESIGNS. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTY OWNERS HAVE TO CONFORM TO THE SETBACKS. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE SETBACKS WERE PUBLIC INFORMATION AT THE TIME THE PETITIONERS BOUGHT THEIR HOME. THEY ARE STILL ABLE TO UTILIZE THE SLIDING DOOR WITH A DECK OR PATIO. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. THE NEIGHBORS SUPPORT THE VARIANCE HOWEVER, IT MAY BECOME A PRECEDENT FOR VARIANCES OF A SIMILAR NATURE IN THE AREA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. MAYOR DUITSMAN ABSTAINED. City Council Minutes November 23, 1998 Page 3 5.1. Request to Purchase Snowplow Trucks for Street/Park Department Phil Hals, Street/Park Superintendent, indicated that he received bids for the purchase in 1999 of a tandem axle truck cab and chassis, and for a purchase in 2000 of a tandem axle truck cab and chassis. He requested authorization to award the bid to the Iow bidder, GATR Volvo of St. Cloud. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE AWARDING THE BID TO GATR VOLVO OF ST. CLOUD FOR THE FOLLOWING STREET DEPARTMENT VEHICLE PURCHASES: 1999 MODEL VOLVO, WG64, TANDEM AXLE TRUCK CAB AND CHASSIS - $ 70,353.38 PLUS SALES TAX - $ 4,572.96 PLUS DUMP BOX, HYDRAULIC SYSTEM, SNOWPLOW WING, SANDER, UNDER-BODY BLADE, AND LIGHT SYSTEM SUPPLIED BY J. CRAFT OF KIMBALL, MN (INCLUDING SALES TAX) - TOTAL: $ 48,353.13 $123,279.47 5.2. 5.3. 2000 MODEL VOLVO, WG64, TANDEM AXLE TRUCK CAB AND CHASSIS - $ 77,359.34 PLUS SALES TAX- $ 5,028.38 PLUS DUMP BOX, HYDRAULIC SYSTEM, SNOWPLOW WING, SANDER, UNDER-BODY BLADE, AND LIGHT SYSTEM SUPPLIED BY J. CRAFT OF KIMBALL, MN (INCLUDING SALES TAX) - TOTAL: $ 48,353.13 $130,740.85 COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Phil Hals informed the City Council that per Council approval on October 19, he has purchased a van from MnDOT in the amount of $5,250 to be used by the building maintenance worker. Consider Advedisin.q for Housin.q Inspector Position Building and Zoning Administrator, Steve Rohlf, indicated that Jay Carlson, Housing/Building Inspector for the city, has given his resignation. Steve Rohlf requested authorization to advertise for the position. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE BUILDING AND ZONING ADMINISTRATOR TO ADVERTISE FOR THE POSITION OF HOUSING/BUILDING INSPECTOR FOR THE CITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider 1999 Enterprise Bud.qet The City Administrator, Pat Klaers, indicated that the city has three enterprise funds under its management. He proceeded to describe and review the enterprise funds and their proposed 1999 budgets: Municipal Liquor Store, Waste Water Treatment System, and the Garbage Collection program. City Council Minutes November 23, 1998 Page 4 COUNCILMEMBER FARBER MOVED TO APPROVE THE GARBAGE COLLECTION ENTERPRISE FUND, THE MUNICIPAL LIQUOR STORE ENTERPRISE FUND, AND THE WASTE WATER TREATMENT SYSTEM BUDGETS FOR 1999 AS PROPOSED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Fees for Services The City Administrator indicated that the current fees for city services are being provided to the City Council for review. He indicated that staff would be presenting proposed increases to the Council in December for adoption for 1999. 5.5. Consider 1999 Pay Plan Resolution The City Administrator reviewed the proposed 1999 city pay plan. He indicated that the pay plan is proposed to increase non-unionized employees' wages by 3% for 1999. Mayor Duitsman indicated that he would rather not make a decision on the pay plan until the Truth in Taxation meeting is held and the tax levy is considered. The City Administrator requested that the non-union payment for unused sick leave be revised so that the non-union employees receive the same benefits as the police union employees. Lori Johnson explained that the change would provide all employees a cash payment of 15% of unused sick time at the time of resignation, up to a maximum payment of 144 hours, providing certain conditions are satisfied. Lori Johnson indicated that this is a change from the previous ordinance which allows payment of 10% of accumulated sick time, up to 96 hours maximum. COUNCILMEMBER FARBER MOVED TO ADOPT THE ORDIANCE 98-27 PERTAINING TO CASH PAYMENT FOR UNUSED SICK TIME. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED $-0. tt was the consensus of the City Council to make no decision on the pay resolution until after the December 7th Truth in Taxation meeting. 5.6. Update on Board and Commission Term Expirations The City Clerk reviewed with the City Council the Board and Commission members whose terms will be expiring on December 31, 1998. It was the consensus of the City Council to encourage Louise Kuester to stay on the Planning Commission for another term. It was indicated by the Council that although the Planning Commission policy calls for a "two term maximum", there is actually no written city policy regarding this issue. COUNCILMEMBER DIETZ MOVED TO APPOINT JIM TRALLE TO THE UTILITIES COMMISSION FOR ANOTHER THREE YEAR TERM TO EXPIRE ON DECEMBER 31, 2001. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the City Council to hold interviews for Boards and Commissions on December 14, 1998. City Council Minutes November 23, 1998 Page 5 It was also the consensus of the Council to discuss residency requirements on December 7, 1998. 6. Open Mike No one appeared for open mike. 7. Bud.qet Worksession COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PURCHASE OF CAMERA EQUIPMENT FOR THE NORTHBOUND LIQUOR STORE PER A QUOTE FROM ELK RIVER MUNICIPAL UTILITIES HOME SECURITY IN THE AMOUNT OF $5,662.11. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator reviewed the budget memo in preparation of the December 7th Truth in Taxation public hearing. Several handouts were distributed at this time for Council review and discussion. City Safety Pro.qram Lori Johnson indicated that the Safety Committee is requesting to renew its contract with MMUA in the amount of $15,971 to be split with the Elk River Utilities. She stated that by splitting the cost, the City of Elk River would be responsible for about $7,000. COUNCILMEMBER FARBER MOVED TO APPROVE RENEWAL OF THE SAFETY PROGRAM CONTRACT WITH FUNDS TO COME FROM THE SELF INSURANCE FUND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Planner The City Administrator requested the City Council to consider authorizing The Brimeyer Group to assist the city in hiring a City Planner. It was noted that The Brimeyer Group charged the city about $13,500 for the work he did for the city in hiring the director of economic development. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO CONTACT JIM BRIMEYER TO BEGIN THE SEARCH FOR A CITY PLANNER, SUBJECT TO FINAL APPROVAL OF THE PROPOSAL AND THAT COUNCILMEMBER THOMPSON BE A PART OF THE SELECTION COMMITTEE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Employee Wa.qe Adjustments Fire Inspector The City Administrator indicated that the Fire Chief is requesting a wage increase for the Fire Inspector to $12.00 per hour. Following discussion of this issue, it was the consensus of the Council to make no decision until it has a chance to discuss the issue with the Fire Chief. City Council Minutes November 23, 1998 Page 6 Planner COUNCILMEMBER FARBER MOVED TO APPROVE THE CITY ADMINISTRATOR'S RECOMMENDATION TO INCREASE THE WAGE FOR STEVE WENSMAN TO $15.50 PER HOUR EFFECTIVE DECEMBER 1, 1998. COIJNCII.MEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Director of Economic Development COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CITY ADMINISTRATOR'S RECOMMENDATION TO INCREASE THE WAGE FOR PAUL STEINMAN BY ONE STEP EFFECTIVE DECEMBER 1, 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Payroll Clerk COUNCILMEMBER FARBER MOVED TO APPROVE THE RECOMMENDATION OF THE CITY ADMINISTRATOR TO INCREASE LAUREN WIPPER'S WAGE TO $13.58 EFFECTIVE DECEMBER 1, 1998. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Development Fund It was the consensus of the Council to use $22,150 from the Development Fund to make up for a portion of the 1999 Local Government Aid TIF loss. 8. Other Business Councilmember Dietz requested that the Director of Economic Development continue working with the Post Office to encourage them to relocate Jn the County Market building. COUNCILMEMBER HOLMGREN MOVED TO ACCEPT MAYOR DUITSMAN'S RESIGNATION FROM THE NORTHSTAR CORRIDOR COMMITTEE AND TO APPOINT COUNCILMEMBER THOMPSON AS THE COUNCIL REPRESENTATIVE ON THE NORTHSTAR CORRIDOR COMMITTEE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER THOMPSON ABSTAINED. 9. Staff Updates There were no staff updates. City Council Minutes November 23, 1998 Page 7 10. Adjournment There being no further business, Mayor Duitsman adjourned the City Council meeting at 7:58 p.m. Respectfully submitted, Sandra Peine City Clerk