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01-11-1999 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JANUARY 11,1999 Members Present: Mayor Klinzing, Council members Dietz, Farber, Thompson, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Terry Maurer, City Engineer; Peter Beck, City Attorney; Phil Hals, Street/Park Superintendent; Steve Rohlf, Building and Zoning Administrator; Joni Pearson, Recording Secretary 1. Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Klinzing. 2. Consider 1111/99 Aaenda The following items were added to the Council agenda: 1 a. Swearina in of Council member Ward 1 John Dietz 5.6a. Residency Reauirements for Board and Commission Appointments Councilmember Farber requested notation of his resignation as commission member on the Housing and Redevelopment Authority. Item 5.8. to Precede Item 5.7. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOnON. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda The following amendments were made to the consent agenda: 3.6. Consider Pay Eauity Implementation Report Item was postponed to the January 19, 1999, meeting; to be presented under administration items. 3.3. Desianation of Official Depositories Correction to Resolution 99-1 to reflect name change of First Banks to US Bank. City Council Minutes January 11, 1999 Page 2 e COUNCILMEMBER DIETZ MOVED TO APPROVE THE AMENDED CONSENT AGENDA AS FOLLOWS: 3.1. CHECK REGISTER - APPROVED 3.2. 12/21/98 COUNCIL MINUTES - APPROVED 3.3. RESOLUTION 99-1 DESIGNATING DEPOSITORIES OF CITY FUNDS - APPROVED 3.4. DESIGNATION OF STAR NEWS AS OFFICIAL CITY NEWSPAPER - APPROVED 3.5. CONSIDERATION OF THE FOLLOWING LICENSE RENEWALS: KENNEL LICENSES, TOBACCO LICENSES, MECHANICAL AMUSEMENT DEVICE LICENSES, BOWLING ALLY LICENSES, THERAPEUTIC MASSAGE ESTABLISHMENT LICENSES, MASSAGE THERAPIST LICENSES - APPROVED 3.6. CONSIDER PAY EQUITY IMPLEMENTATION REPORT - POSTPONED TO 1/19/99 3.7. CONSIDER REQUEST FOR TRANSIENT MERCHANT LICENSE FOR DENNIS FROELICH OF SUN RIPE CITRUS TO SELL FRUIT AT MENARD'S - APPROVED 3.8. CONSIDER OUT OF STATE CONFERENCE ATTENDANCE FOR BUILDING AND ZONING DEPARTMENT (TERRY ZAJAC/CLIFF SKOGSTAD) - APPROVED 3.9. CONSIDER OUT OF STATE CONFERENCES ATTENDANCE FOR STREET/PARK DEPARTMENT (PHIL HALS) - APPROVED . COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. e 5.1. Consider Appointment of Vice Mayor COUNCILMEMBER FARBER MOVED TO APPOINT COUNCILMEMBER THOMPSON AS VICE MAYOR FOR 1999. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Council member Thompson abstained. 5.2. Update on Hirinq Process for City Planner and Economic Development Assistant Positions Jim Brimeyer, The Brimeyer Group, Inc., was dismissed from attendance of the City Council meeting following his update to the Economic Development Authority preceding the Council meeting. City Administrator Pat Klaers reiterated Mr. Brimeyer's explanation that the search for City Planner is a lengthy process and it is not anticipated that this position will be filled before May 1999. Pat also stated that the advertised title for the position has been changed from City Planner to Director of Planning. Pat indicated that Mr. Brimeyer will be available by fax or phone to answer any questions from the Council regarding the Director of Planning and Economic Development Assistant positions. In addition, both Pat Klaers and Economic Development Director Paul Steinman may be contacted for information. 5.3. Consider Tobacco License for Holiday Station Store e City Clerk Sandy Peine informed the Council that an application has been submitted for renewal of tobacco license for Holiday Station Stores, Inc., 13445 Business Center Drive. Sandy further stated that the grounds for denying the issuance or renewal of a license under the City's ordinance is failure to have City Council Minutes January 11, 1999 Page 3 e current property taxes for the premises for which the license will be issued. She stated that Holiday has indicated that they just recently became aware that the landlord has not paid the taxes and are prepared to pay their portion of the property taxes directly to Sherburne County. Kerry Erickson, Holiday Station Stores, Inc. representative, was in attendance of the meeting. Kerry approached the Council with her request to renew the tobacco license for the Holiday Store, based on the information provided in a letter to Mayor and City Council dated January 8, 1999, from Holiday's legal counsel Carolyn Erickson. The information provided by Carolyn Erickson indicated that Holiday does not own the property at 13445 Business Center Drive, but leases a portion of the property from the landlord. Under the lease, Holiday is responsible for payment of 20% of the real estate taxes for the property. Holiday has paid these taxes to the landlord through July 1998. Since then, Holiday has paid its share of the taxes directly to Sherburne County. She further indicated that to date, Holiday is current on all real estate tax obligations for the property, and suggested that Holiday not be denied their tobacco license renewal. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST BY HOLIDAY STATION STORES, INC. TO RENEW THE TOBACCO LICENSE FOR 13445 BUSINESS CENTER DRIVE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider Joint Powers Aareement to Own and Operate a Brush Grinder e Street/Park Superintendent Phil Hals presented a brief video depicting the large capacity brush grinder that would aid in dealing with increasing volumes of brush and compost in the city. Phil indicated that the Sherburne County Solid Waste Committee has recommended funding a fouryear "lease to own" purchase of the grinder. This proposal was approved by the Sherburne County Board for the cities of Becker, Big Lake, Elk River, and Zimmerman subject to entering into a joint powers agreement for usage of the equipment. Phil informed the Council that Sherburne County would be responsible for the $32,000 per year lease, and that the City of Elk River would incur costs for operator and diesel fuel, but would not have a capital charge for the equipment. Council member Motin expressed concern regarding the City's liability and insurance in the operation and maintenance of this type of equipment. City Attorney Peter Beck indicated that all four cities entering into the agreement are covered by the League of Minnesota Cities Insurance Trust, and that the brush grinder would fall into the same category of coverage as any other equipment currently operated in the Street/Park Department. Council member Motin indicated that the insurance issue should be more formally addressed by the Joint Powers Board and the liability issue reviewed by the City Attorney and staff. e MAYOR KLINZING MOVED TO APPROVE RESOLUTION 99-2 ENTERING INTO A JOINT POWERS AGREEMENT TO OWN AND OPERATE A BRUSH GRINDER WITH THE City Council Minutes January 11, 1999 Page 4 e STIPULATION THAT THE JOINT POWERS BOARD ADDRESS THE INSURANCE LIABILITY ISSUE; AND TO ALSO APPROVE THE APPOINTMENT OF STREET SUPERINTENDENT PHIL HALS TO BE THE CITY REPRESENTATIVE ON THE JOINT POWERS BOARD. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Review Letter/Request from James and Mariorie Anderson COUNCILMEMBER FARBER MOVED TO RECONSIDER THE REQUEST FROM JAMES AND MARJORIE ANDERSON TO VACATE 14 FEET OF A 20 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE REAR LOT LINE OF LOT 3, BLOCK 1, HERITAGE LANDING 2ND ADDITION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. A resident of Heritage 1 Addition in attendance of the meeting expressed his concern with the possible flooding effect on the neighbors if the drainage and utility easement vacation were granted on the' Anderson property in Heritage 2 Addition. A resident of Lot 5, directly behind the Anderson property, also indicated concern of flooding possibilities when presented with large accumulations of rain or snow. City Engineer Terry Maurer indicated that he is very comfortable with the drainage in regard to the easement vacation, as Joplin Street improvements took some drainage away from that area. He further stated that the City is capable of certifying that the improvement was built correctly and will monitor the easement when large amounts of rain and snow are a concern. e COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-3 VACATING 14 FEET OF A 20 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE REAR LOT LINE OF LOT 3, BLOCK 1, HERITAGE LANDING 2ND ADDITION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained. 5.6. Consider Aooointment to Community Recreation Board Council member Motin indicated interest in serving on the Community Recreation Board provided the meetings remained scheduled for 11 :45 a.m. and not changed to evening hours. COUNCILMEMBER THOMPSON MOVED TO APPOINT COUNCILMEMBER MOTIN TO THE COMMUNITY RECREATION BOARD. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Council member Motin abstained. 5.6a. Residencv Requirements for Board and Commission Aooointments Council member Thompson explained that he would like to see that residency be a requirement for all board and commissions who have the ability to propose or increase fees to the residents, and that current non-resident members be grandfathered-in to allow them to fulfill their current term and to serve one more term. e Mayor Klinzing indicated that there is a motion on the table to reconsider the following motion, which was made by Council member Thompson at the City Council Minutes January 11, 1999 Page 5 e December 7, 1998, Council meeting: "That any board or commission that has the ability to recommend or propose a tax levy or fee increase allow only residents of the city of Elk River on the board or commission." Councilmember Farber indicated concern in the matter of the Ice Arena Commission being included in the residency requirements. He stated that the Ice Arena Commission is more complicated due to its relationship with Youth Hockey, and that the issue should be tabled to be presented at a future meeting allowing for public input. He further noted that he would not be opposed to the residency requirement if the Ice Arena Commission were excluded. City Attorney Peter Beck indicated that Council may amend the city code with respect to each commission in separate ordinance amendments, or amend the ordinance with a straight-across-the-board residency requirement. In either event, he advised staff to prepare draft ordinance amendments to be reviewed by Council at a future meeting. Council member Motin indicated that when seeking board and commission applicants, there could be a lack of qualified or interested Elk River Residents. He stated that there may be highly qualified non-resident business owners in the city of Elk River that (under a residency requirement) would be disqualified. e COUNCILMEMBER THOMPSON MOVED TO DIRECT STAFF TO PREPARE AMENDMENTS TO THE CITY CODE FOR EACH BOARD AND COMMISSION REGARDING RESIDENCY, REQUIRING MEMBERS OF THE COMMISSION TO BE A RESIDENT OF THE CITY OF ELK RIVER AND TO ALLOW CURRENT NON-RESIDENT MEMBERS TO BE GRANDFATHERED-IN TO ALLOW THEM TO FULFILL THEIR CURRENT TERM, AND SERVE ONE MORE TERM ON THAT BOARD OR COMMISSION; AND THAT THE QRDINANCE AMENDMENTS BE BROUGHT BACK TO THE CITY COUNCIL FOR ACTION AT A FUTURE MEETING, AND THAT COUNCIL TAKE PUBLIC INPUT AT THE MEETING IN WHICH THE ISSUE IS DISCUSSED. COUNCILMEMBER DIETZ SECONDED THE MOTION. Councilmember Motin indicated that he would prefer to see a preference shown in the city's ordinance for residency, but not a total disqualification. THE MOTION CARRIED 3-2. Mayor Klinzing, Councilmembers Dietz and Thompson voted aye. Council members Motin and Farber. voted nay. 5.8. Discuss City Commission and Board Appointment Policy Council member Motin discussed his concern with the current expiration of terms, and the timing of interviews and appointments to commissions and boards. He suggested making amendments to the policy in order to have consistency in the dates of expiration, interviews, and appointments. He indicated that in order to achieve consistency, it should be ensured that interviews and appointments are made at the beginning of each year, rather than at the end of the year. This would allow the new Council to be involved in the interviewing and appointment process. e COUNCILMEMBER MOTIN MOVED TO APPROVE THE PREPARATION OF ORDINANCE AMENDMENTS REQUIRING ALL COMMISSION AND BOARD MEMBERS TO BE INTERVIEWED AND APPOINTED IN THE MONTH OF JANUARY, AND TO REVIEW THE DRAFT ORDINANCE AMENDMENTS AT THE JANUARY 25, 1999, MEETING. City Council Minutes January 11, 1999 Page 6 e COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Council member Dietz abstained. City Administrator Pat Klaers suggested that a policy statement be included in the Board/Commission revised policy stating that the City Council reserves the right to reappoint without interviewing. He suggested that staff prepare a draft policy to be presented for review at a future meeting. 5.7. Consider Board and Commission Appointments 5.7a. Plannina Commission COUNCILMEMBER DIETZ MOVED TO REAPPOINT JOSEPH SCHUSTER AND LOUISE KUESTER TO THE PLANNING COMMISSION, EACH FOR A THREE (3) YEAR TERM EXPIRING ON DECEMBER 31, 2001. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7b. Park and Recreation Commission COUNCILMEMBER DIETZ MOVED TO REAPPOINT LANA HUBERTY TO THE PARK AND RECREATION COMMISSION FOR A THREE (3) YEAR TERM EXPIRING ON DECEMBER 31, 2001, WITH NO ACTION TO FILL DANA ANDERSON'S TERM EXPIRATION UNTIL AFTER THE RESIDENCY DISCUSSION AT THE JANUARY 25,1999, MEETING. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Human Resource Issues e 5.9a. Environmental Code Enforcement Officer City Administrator Pat Klaers advised the Council that if there were no concerns expressed, effective January) 2, 1999, Environmental and Code Enforcement Officer Laurie Mezera-Kerr will begin work on a part time basis versus her current full time status. 5.9b. Liauor Store Manaaer City Administrator Pat Klaers informed the Council that Liquor Store Manager Fritz Dolejs will be retiring effective January 29, 1999, and that his letter of resignation has been received. He indicated a need for advertisement for the manager position, and the approval of the Council to begin interviewing for an acting liquor store manager. Pat stated that in discussion with current Assistant Liquor Store Manager Mike Donais, Mike expressed no interest in the position or in being the acting liquor store manager. He added that the interviewing and hiring process is expected to take approximately three months, and that two full time clerks, Brent Behrns and Steve Tillmann, have expressed interest in both the acting liquor store manager position and the liquor store manager position. Pat also suggested retaining Fritz's services on a short term basis as a consultant. e Councilmember Thompson stated he felt that the assistant liquor store manager should accept the responsibilities of the interim liquor store manager position. City Council Minutes January 11, 1999 Page 7 e Councilmember Farber concurred with Council member Thompson's statement, adding that accepting the acting manager responsibilities in this situation is part of the assistant manager's job duties. Council member Thompson indicated that he also has concerns regarding one of the subordinates to the assistant manager being promoted, and then possibly becoming a subordinate again if another individual is selected as liquor store manager. He questioned if there is a possibility of losing people through this procedure, and also questioned if it might not be wise to reevaluate the position of assistant manager. COUNCILMEMBER FARBER MOVED TO APPROVE THE APPOINTMENT OF ASSISTANT LIQUOR STORE MANAGER MIKE DONAIS TO THE ACTING LIQUOR STORE MANAGER POSITION UNTIL THE INTERVIEWING AND SELECTION PROCESS HAS BEEN COMPLETED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Mayor Klinzing indicated her concern regarding the forcing of an employee into a position not desired, and the fact that the position the employee is currently in may have been acquired through longevity. e Council member Motin concurred, adding that by setting a precedent of automatically promoting employees into the next higher position, other qualified employees may be denied the opportunity to compete for a desired position. He also stated that the assistant manager's disinterest in the manager position should not reflect upon his current job performance evaluation. THE MOTION FAILED 1-4. Councilmember Farber voted aye. Mayor Klinzing, Councilmembers Dietz, Thompson, and Motin opposed. Council member Thompson explained that the reason he seconded the motion was to make the point that a reevaluation of the assistant manager position may be in order. He stated that it was not his intent to force an employee into a position that was not desired, and therefore opposed the motion he had seconded. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO OFFER THE POSITION OF ACTING LIQUOR STORE MANAGER TO THE CURRENT ASSISTANT LIQUOR STORE MANAGER, AND IF NOT ACCEPTED, TO MOVE FORWARD WITH THE INTERVIEWING AND SELECTION PROCESS BY THE CITY ADMINISTRATOR AND ASSISTANT CITY ADMINISTRATOR. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 4-1. Council member Farber opposed. COUNCILMEMBER FARBER MOVED TO ACCEPT THE LETTER OF RESIGNATION FROM LIQUOR STORE MANAGER FRITZ DOLEJS EFFECTIVE JANUARY 29, 1999. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADVERTISEMENT OF THE LIQUOR STORE MANAGER POSITION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e City Council Minutes January 11, 1999 Page 8 COUNCILMEMBER FARBER MOVED TO APPROVE RETAINING THE SERVICES OF FRITZ DOLEJS AS CONSULTANT ON A SHORT TERM BASIS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Building and Zoning Administrator steve Rohlf approached the Council with an update on the application/interviewing process for the advertised building official position. Steve indicated that he has received no qualified applicants and suggested that the starting pay be reviewed. He also added that it may be in order to review the salaries of his current building officials in order to retain their services. 5.10. Consider Resolution Reauestina an Advance in Municipal State Aid Fundina City Engineer Terry Maurer recommended that the Council adopt a resolution which asks for a $500,000 advance from the general fund of the Municipal State Aid Account. He stated that several projects that will be undertaken in 1999 far exceed the City's annual allotment. The projects include the upgrade of School Street, the signalization of Trunk Highway 10 and 171st Avenue, and land acquisition along the Tyler Street alignment. He further stated that following the request procedures, the funds will be made available to the City in 1999 whenever the projects proceed. COUNCILMEMBER THOMPSON MOVED TO APPROVE RESOLUTION 99-~ REQUESTING ADVANCE MUNICIPAL STATE AID FUNDING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.11. Discussion Reaardina January 12 Joint School Board, Cities and Townships Meetinas The City Administrator reminded the Council of the joint meeting scheduled by the School Board for all cities and townships located within the school district. He indicated that a special Council meeting has been called, and invited all Council members to attend. 5.12. Update on East Elk River Proiect Includina a Discussion on the Assessment Appeals Updates on the East Elk River project were given by Pat Klaers, Peter Beck and Terry Maurer relating to the issues in the memo to the Mayor and City Council from the City Administrator dated 1/11/99. 6. Other Business 6.1. Update on Reaion 7W Transportation Proarammina Policv Committee Meetina - Mavor Klinzina Mayor Klinzing updated the Council on the status of the Region 7W Transportation Programming Policy Committee. She indicated that she will be attending these meetings as the City's representative. She indicated e e e City Council Minutes January 11, 1999 Page 9 that one of the duties of the committee is to prioritize spending of federal TEA-21 funds for local public improvement projects. 7. Staff Updates 7.1. Call Special City Council Meetina for January 15, 1999, for Attendance at the Special Housina and Redevelopment Authoritv CBD Work Plan Presentation City Administrator Pat Klaers advised the Council of the Special Housing and Redevelopment Authority meeting to be held on January 15,1999, 11 :30 a.m. - 1 :00 p.m. In anticipation of a quorum attending, Pat suggested that a special City Council meeting be called for stated date and time. MAYOR KLINZING MOVED TO CALL A SPECIAL CITY COUNCIL MEETING FOR JANUARY 15, 1999, AT 11:30 A.M., AT CITY HALL FOR ATTENDANCE AT THE SPECIAL HOUSING AND REDEVELOPMENT AUTHORITY MEETING. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. City Administrator Pat Klaers updated the Council on the condition of the bleachers located along the sides of the old rink at the Elk River Arena. This issue was prompted by an accident in which a six year old boy was killed in a fall from the Hutchinson arena hockey bleachers. Pat stated that Building Official Cliff Skogstad reported that since the bleachers at the Elk River Arena are 25 (plus) years old, they are no longer up to code. Pat further indicated that Cliff will be working with Arena Manager Rich Czech on this issue and updates will be presented to the Council. 8. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:35 p.m. oni Pearson Recording Secretary