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12-14-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 14, 1998 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmembers Dietz, Thompson, and Farber, Councilmember Holmgren Pat Klaers, City Administrator; Sandra Peine, City Clerk; Bruce West, Fire Chief; Darrell Mack, WWTS; Lori Johnson, Assistant City Administrator Call Meetin,q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:50 p.m. by Mayor Duitsman. Consider Agenda COUNCILMEMBER FARABER MOVED TO APPROVE THE DECEMBER 14, 1998, CITY COUNCIL AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1a. 3.1b. 3.2. 3.3. 3,4. 12/3/98 SPECIAL MEETING COUNCIL MINUTES - APPROVED 12/7/98 SPECIAL MEETING COUNCIL MINUTES - APPROVED RESOLUTION 98-134 MODIFYING THE BUDGET IN TAX INCREMENT FINANCING DISTRICT NO.18 -- APPROVED RESOLUTION 98-135 CALLING PUBLIC HEARING FOR TAX INCREMENT FINANCING DISTRICT NO. 21 - APPROVED 1998 BITUMINOUS OVERLAY ASSESSMENT ADJUSTMENT FOR ELDON BEARD - - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Board and Commission Interviews The City Clerk read a letter submitted by Council Member Holmgren indicating that he is withdrawing his application from the Park and Recreation Commission and resigning from the Area Recreation Commission effective December 14, 1998. The following board and commissions interviews were held by the Council. City Council Minutes December 14, 1998 Page 2 Joe Schuster- Planning Commission Patti Wahlroos - Planning Commission and HRA Lana Huberfy - Park and Recreation Dana Anderson - Park and Recreation Eleanor Holm - Library Leslie Anderson - Library geraldine Graham - Library 5. Open Mike No one appeared for open mike. 6.1. Discussion on 12/7/98 Truth in Taxation Presentation - Chad McCoy, ERAHS Student City Administrator Pat Klaers introduced Chad McCoy, an Elk River High School Senior working under the "school to work" program. Chad discussed the truth in taxation presentation recently given by staff. Chad presented the Council with some ideas on how to improve the presentation as outlined in his 12/8/98 memo. 6.3. GFOA Finance Award City Administrator Pat Klaers indicated that the City has received the Certificate of Achievement (COA) for the 9th consecutive year. Lori Johnson recognized and thanked the rest of the finance staff for their effods in attaining this award. Mayor Duitsman presented the award to Lori Johnson and thanked her and the finance department for their efforts. 6.7. Discuss 1999 Bud,clef & Tax Levy City Administrator Pat Klaers discussed whether the Council had any changes to the tax resolution or the budget. Mayor Duitsman offered some comments on possible reductions in the budget. It was the consensus of the Council that there be no changes in the proposed fax levy resolution. 6.4. Fire Department By-Law Chan,qes Fire Chief Bruce West indicated that the Elk River Fire Department and its By-Law Committee has made some changes fo the Fire Department and Ambulance By- Laws. The areas of change include sexual harassment, membership, and ambulance service. Bruce West reviewed the changes with the Council QS outlined in his 12/14/98 report. COUNCILMEMBER DIETZ MOVED TO ADOPT THE BY-LAW CHANGES PROPOSED BY FIRE CHIEF. COIJNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes December 14, 1998 Page 3 6.5. Consider Authorization to Hire Three New Firefi.qhters Bruce West indicated there are three openings on the Fire Department. He requested authorization to advertise for these positions. COUNCILMEMBER FARBER MOVED TO AUTHORIZE FIRE CHIEF BRUCE WEST TO ADVERTISE FOR THREE FIREFIGHTERS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6. Consider Fire Inspector Pay Plan Fire Chief Bruce West requested the Council to consider a wage structure for the part time fire inspectors based on accumulated hours. He further requested the council fo consider allowing retro-acfive accumulation of hours for those fire inspectors currently working. January 1, 1999 260-519 hours 520 and above $10.60 per hour $11.30 per hour $12.00 per hour COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PAY STRUCTURE RECOMMENDED BY THE FIRE CHIEF WITH RETRO-ACTIVITY TO INCLUDE THE HOURS ACCUMULATED TO DATE FOR THE PART TIME FIRE INSPECTORS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.8. 6.9. Consider Initiating Eminent Domain Process for Ri.qht-of-way Acquisition - East Elk River Project Pat Klaers indicated that the city is considering using the power of eminent domain fo acquire rights-of-way and utility easements for the East Elk River Project. He indicated fhaf he would provide the council with more information on this issue next week. Discuss Topics for 1/12/98 Joint Meetin,q between District 728 School Board and District 728 Area City Councils and Township Boards COUNCILMEMBER FARBER MOVED TO MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL FOR JANUARY 12, 1999 AT 7 PM AT THE ELK RIVER CITY HALL FOR THE PURPOSE OF MEETING JOINTLY WITH THE SCHOOL BOARD AND CITY COUNCILS AND TOWNSHIP BOARDS WITHIN THE SCHOOL DISTRICT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO CALL A JOINT MEETING OF THE CITY COUNCIL AND SCHOOL BOARD FOR MONDAY, JANUARY 25, 1999, TO DISCUSS ISSUES OF COMMON INTEREST. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes December 14, 1998 Page 4 6.2. Board and Commission Appointments Councilmember Thompson stated that individuals who serve on commission for the city should be residents of the city. He fudher stated that commissions charged with recommending an increase in fees or imposing levies or bonds should have all its members be residents of the city. Councilmember Thompson stated that there are capable people living in the city to serve on boards and commissions. Councilmember Farber stated that the ice arena commission is different than the other commissions. He explained that Elk River Youth Hockey owned the original ice arena building and turned it over,to the City of Elk River. He further stated that Elk River Youth Hockey has invested significant funds into the new arena. Councilmember Farber indicated that the Hockey Association is an area wide program and serves all people in the school district. He indicated that the Council will be sending a wrong message to the biggest user of the facility if youth hockey non-residents are not allowed to serve on the Ice Arena Commission. Larry Farber requested that this issue be postponed until the new council is in session. Paul Motin stated that he feels commissions are advisory in nature. He indicated he would not support residency restrictions as the city may be limiting itself and losing good candidates. Paul Motin stated that the Council can decide on a case-by-case basis whether or not to appoint an individual. Stephanie Klinzing indicated that she is interested in seeing only citizens of the city of Elk River serve on city commissions. COUNClLMEMBER THOMPSON MOVED THAT ALL COMMISSIONS IN THE CITY OF ELK RIVER THAT HAVE THE ABILITY TO RECOMMEND RAISING FEES AND/OR PROPOSING LEVIES OR BONDS (PLANNING COMMISSION, ECONOMIC DEVELOPMENT AUTHORITY, HOUSING AND REDEVELOPMENT AUTHORITY, ICE ARENA COMMISSION, PARK AND RECREATION COMMISSION, AND THE UTILITY COMMISSION) BE COMPOSED OF ONLY RESIDENTS FROM THE CITY OF ELK RIVER; AND THAT ALL EXISTING NONRESIDENT BOARD MEMBERS BE GRAND-FATHERED IN AND BE ALLOWED TO APPLY FOR ONE ADDITIONAL TERM. The motion died for lack of a second. MAYOR DUITSMAN MOVED TO RECONSIDER THE MOTION PREVIOUSLY MADE ON DECEMBER 7 REGARDING RESIDENCY ON BOARDS AND COMMISSIONS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1 COUNCILMEMBER FARBER OPPOSED. COUNCILMEMBER THOMPSON MOVED THAT NO APPOINTMENTS BE MADE TO THE PARK AND RECREATION COMMISSION UNTIL JANUARY WHEN THE NEW COUNCIL IS IN OFFICE, BUT TO MOVE FORWARD ON ALL OTHER BOARDS EXCLUDING THE PLANNING COMMISSION DUE TO THE REQUIREMENT IN THE CITY ORDINANCE THAT APPOINTMENTS BE MADE IN JANUARY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED. 4-0. City Council Minutes December 14, 1998 Page 5 o COUNCILMEMBER DIETZ MOVE THE FOLLOWING APPOINTMENTS TO THE LIBRARY BOARD: · ELEANOR HOLM - RE-APPOINTED TO 3 YEAR TERM - EXPIRES 12/31/01 · LESLIE ANDERSON - APPOINTED TO 3 YEAR TERM - EXPIRES 12/31/01 · GERALDINE GRAHAM - COMPLETING LINDA RITCHIE'S TERM - EXPIRES 12/31/99 COUNCILMEMBER FARBER SECONDED THE MOTION. CARRIED 4-0. MAYOR DUITSMAN MOVED TO APPOINT LARRY TOTH TO THE HOUSING AND REDEVELOPMENT AUTHORITY FOR A FIVE YEAR TERM EXPIRING ON 12/31/03. COIJNCILMEMBER FARBER SECONDED THE MOTION. 4-0. COUNCILMEMBER DIETZ MOVED APPOINT DALE MARTIN TO THE ICE ARENA COMMISSION AS THE PUBLIC REPRESENTATIVE FOR A THREE YEAR TERM TO EXPIRE 12/31/01. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Other Business Councilmember Dietz discussed the issue of snow removal in the downtown area. Staff Updates Pat Klaers and Darrell Mack discussed the article in the Sunday Star Tribune relating to the wastewater treatment plant and the violations it has received from the Minnesota Pollution Control Agency. Darrell Mack indicated that the article listed the City with 41 violations. Darrell Mack explained the reason for the violations and reviewed the plant breakdown in 1993 (rotating shaft) and the upgrade and expansion that took place in 1993-95. Darrell Mack also updated the Council on the new regulation to lower phosphorus levels. He indicated that the city has 3 ~,~ years to lower'these levels. He further indicated that this could be very expensive for the City. 9. Adjournment There being no further business, Mayor Duitsman adjourned the Council meeting at 8:54 p.m. Respectfully submitted, Sandra Peine City Clerk