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07-12-1999 CC MIN - Members Present: Members Absent: Staff Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 12,1999 Mayor Klinzing; Councilmembers Dietz, Thompson, Farber and Motin None Pat Klaers, City Administrator; Lori Johnson, Finance Director; Sandra Peine, City Clerk; Steve Rohlf. Building and Zoning Administrator; Cliff Skogstad, Building Official; Phil Hals, Street/Park Superintendent; Bruce West Fire Chief; Tom Zerwas, Police Chief; Jeff Beahen, Assistant Police Chief; Bryan Adams, Utilities General Manager; Darrell Mack, WWTS Superintendent; Terry Maurer, City Engineer; Peter Beck, City Attorney 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 7:10 p.m. by Mayor Klinzing. 2. Consider Aaenda The following amendments were made to the Council agenda: e Item 3.8. was moved to Item 4.1 . Item 6.1., Strategic Plan, was added. COUNCILMEMBER FARBER MOVED TO APPROVE THE 7/12/99 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. e 3.8. 6128/99 COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED APPOINTMENT OF YOUTH HOCKEY REPRESENTATIVE TO ICE ARENA COMMISSION - KENT MADSEN - TERM ENDING ON 2128/02 - APPROVED RESOLUTION 99-51 ENTERING INTO AN AGREEMENT BETWEEN THE CITY OF ELK RIVER, MINNESOTA, AND MNDOT IN ACCEPTING FEDERAL AID FOR RAILROAD FORCE ACCOUNT WORK - APPROVED RESOLUTION 99-52 ENTERING INTO AN AGREEMENT BETWEEN THE CITY OF ELK RIVER, MINNESOTA, AND MNDOT IN ACCEPTING FEDERAL AID FOR RIGHT OF WAY LAND ACQUISITION - APPROVED TEMPORARY 3.2 BEER ON SALE LICENSE FOR SHERBURNE COUNTY LIONS TO SELL BEER AT THE FAIRGROUNDS ON JULY 15-18 - APPROVED RESOLUTION 99-53 APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 99-19 AMENDING SECTION 906 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED WILD AND SCENIC RIVER ORDINANCE - APPROVED CONSIDER BIDS - WITHDRAWN FROM CONSENT AGENDA Elk River City Council Minutes Julv 12. 1999 Page 2 e 3.9. REQUEST FOR AUTHORIZATION TO HIRE TEMPORARY RECEPTIONIST FROM AUGUST 17 THROUGH NOVEMBER 26 WITH FUNDING TO COME FROM THE COUNCIL CONTINGENCY FUND - APPROVED 3.10. REQUEST FOR AN EXEMPT PERMIT FOR LAWFUL GAMBLING FOR THE CHURCH OF ST. ANDREW - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 4.1 . Consider Construction Bids City Engineer Terry Maurer indicated that the city opened bids for the following projects: 1999 Seal Coating Paving of Railroad Trail Sidewalk in Industrial Park Terry Maurer recommended that the City Council award the seal coating bid to Pearson Brothers, the low bidder, in the amount of $30,860. e COUNCILMEMBER MOTIN MOVED TO AWARD THE SEAL COATING BID TO PEARSON BROTHERS, INC. IN THE AMOUNT OF $30,860. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Terry Maurer recommended that the City Council award the bid for paving of the railroad trail to North Valley Inc. in the amount of $85,531 . COUNCILMEMBER FARBER MOVED TO AWARD THE BID FOR THE PAVING OF THE RAILROAD TRAIL TO NORTH VALLEY INC. IN THE AMOUNT OF $85,531, CONTINGENT UPON DNR APPROVAL TO SPEND THE GRANT FUNDS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Terry Maurer informed the EDA that the city received only two bids for the concrete sidewalk construction in the Elk River Industrial Park. Terry suggested that the council take no action on the awarding of this bid at this time. He indicated that staff will need time to review the bids relative to the amount of money available and may consider rebidding the project at a later date. The City Council took no action on awarding this bid at this time. 5.1. Art Soup Recap - Tonv Darkenwald Tony Darkenwald thanked the council and staff for its support in the Arts Soup Festival that was held in June. Tony Darkenwald presented the council with an Arts Soup poster for City Hall. e 5.2. Consider Elk River Fire Relief Association's 2000 Benefit Level Fire Relief Association President Jim Nystrom indicated that the Association is requesting the council to approve an increase in benefits for the year 2000 from $2,900 to $3,370 for each year of service. He indicated that this is a $470 increase. Elk River City Council Minutes Julv 12. 1999 Page 3 e Jim Nystrom explained that the surplus in this fund has continued to increase and has grown to $234,000. Lori Johnson indicated that the request by the Relief Association will not require a city contribution, however it will draw down the benefit reserves. She further stated that the city is liable for any shortfall in assets available to meet benefit payments. Council discussion pursued regarding the increase and also regarding the fact that the surplus will be reduced to a very low amount. COUNCILMEMBER FARBER MOVED TO APPROVE THE ELK RIVER FIRE RELIEF ASSOCIATION'S REQUEST TO INCREASE BENEFITS TO $3,370 PER YEAR OF SERVICE FOR 2000. MAYOR KLINZING SECONDED THE MOTION. Councilmember Motin indicated his concern about eliminating the entire surplus at one time and the fact that the city can never go below this yearly benefit level regardless of the status of Relief Association's investments. Councilmember Dietz concurred that it may not be a good idea to use up the entire surplus in one year. Councilmembers Dietz and Thompson requested the Fire Relief Association provide projections for an 8 percent 10 percent and 12 percent increase. e COUNCILMEMBER FARBER WITHDREW HIS MOTION. MAYOR KLINZING WITHDREW THE SECOND. COUNCILMEMBER THOMPSON MOVED TO TABLE THE MOTION UNTIL THE JULY 19, 1999, CITY COUNCIL MEETING AT WHICH TIME THE COUNCIL WILL REVIEW PROJECTIONS AT 8, 10, AND 12 PERCENT INCREASES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Contract with Sherburne County to Dispose of Elk River's Waste at the RDF Plant Building and Zoning Administrator Steve Rohlf indicated that the city currently is bound by a contractual agreement with Sherburne County to dispose of its waste at the RDF Plant. He indicated that the cost to the city for waste disposal at the RDF Plant will be increasing from $46 to $51 per ton in the year 2000. He indicated that staff is concerned about the rising costs for waste disposal at the RDF Plant. He further indicated that staff feels it would be more cost effective for the city's waste to be disposed of at the Elk River Landfill in the year 2000 for almost $20 per ton less than it would cost to dispose of the waste at the RDF Plant. e Steve Rohlf indicated that in an attempt to find a compromise between the increased cost to the Elk River residents, the Sherburne County Board approved a county-wide policy calling for $20 per household payment that will be applied to the recycling portion of garbage bills. This incentive will only be paid to cities where organized waste collection and curbside recycling programs exist. He indicated that this will help offset the additional costs incurred for disposing of waste at the RDF Plant. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF ELK RIVER AND SHERBURNE COUNTY TO HAVE ELK RIVER'S REFUSE DELIVERED TO THE RDF PLANT AT A COST OF $51 PER TON IN THE Elk River City Council Minutes Julv 12.1999 Page 4 e YEAR 2000. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Acknowledae School District #728 Financial Contribution for Police Department Overtime City Administrator Pat Klaers noted that the School District has stated its appreciation to the Elk River Police Department for their services at the end of the school year. He indicated that the School Board approved payment of $5,000 to the city to help offset additional police overtime expenses. The City Council acknowledged the financial participation from the School District and stated its appreciation for these additional funds. 5.5. Discuss Gas Franchise Reauests City Administrator Pat Klaers informed the council that the city has been approached by NSP representatives regarding the possibility of obtaining a gas franchise agreement from the city. Pat Klaers explained that the two major concerns with having two gas franchises within the city relate to public safety and having another utility in the city's right-of-way. He indicated that the public safety concerns have mostly been addressed by Reliant NSP, and the Fire Chief. Representatives from NSP explained that NSP is interested in securing franchise agreement to run gas through the city. They noted that NSP would be looking to mainly serve the east side of Elk River. e Representatives from Minnegasco (Reliant) spoke to the council about reasons for not considering another gas company franchise. They indicated they have had 39 years of service in the city of Elk River and wish to continue serving the city. Minnegasco urged the council to deny NSP's request. Utilities General Manager Bryan Adams expressed his concerns in dealing with two gas companies in the city of Elk River especially regarding right-of-way and safety issues. Council member Dietz indicated that he would be hesitant in allowing a franchise with NSP as he does not see an advantage to the city or the residents by having two gas companies. Councilmember Motin indicated that he concurs with Councilmember Dietz that neither the city nor the residents would receive much benefit however, he suggested that a public hearing be held to gain public and developer input on this issue. COUNCILMEMBER MOTlN MOVED TO SET A PUBLIC HEARING FOR ALLOWING ANOTHER GAS COMPANY TO RUN LINES IN THE CITY OF ELK RIVER. THE MOTION DIED FOR LACK OF A SECOND. e Mayor Klinzing indicated that she did not see any benefit to the residents at this time and she further stated that she did wish to have double lines run through the city. It was the consensus of the City Council that it was not interested in discussing this issue further. Elk River City Council Minutes Julv 12. 1999 Page 5 e City Administrator Pat Klaers noted that Minnegasco's franchise will expire in the year 2003. He indicated that renewal of the franchise, along with consideration for franchise fees, would be brought before the City Council at a later date. 5.6. Y2K Presentation - City Deoartment Heads City Administrator Pat Klaers indicated that Fire Chief Bruce West has been assigned the role as Y2K Coordinator for the City of Elk River. He indicated that the council should formally appoint Bruce to this position. Bruce West updated the council on activities that have taken place with city departments to prepare for Y2K. Bruce West showed a video that discussed Y2K concerns. The following department heads gave a presentation regarding Y2K issues and how they affect their department: Bryan Adams, Utilities General Manager; Darrell Mack, Wastewater Treatment Plant Superintendent; Phil Hals, Street/Park Superintendent; Lori Johnson, Finance Director; Tom Zerwas and Jeff Beahen, Police Chief and Assistant Chief. Bruce indicated that public meetings on this issue will be held in September. Police Chief Zerwas distributed a handout relating to the police computer project. Chief Zerwas requested council authorization to purchase eight more MDC's, which are laptop computers for police vehicles, at a total of $50,720. e COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PURCHASE OF EIGHT MDC'S FOR A TOTAL OF $50,720 WITH THE FUNDS TO COME FROM THE GRANT MONEY WITH THE BALANCE DESIGNATED TO GO BACK INTO THE GENERAL RESERVES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO APPOINT BRUCE WEST AS THE CITY'S Y2K COORDINATOR. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Henry Griner, project Joseph 2000 coordinator, discussed his issues of concern regarding Y2K. 5.7. Consider Quotes for Wastewater Treatment Generators WWTP Superintendent Darrell Mack presented his request to purchase three generators for the sewer department in case of Y2K problems. COUNCILMEMBER THOMPSON MOVED TO PURCHASE THREE GENERATORS FROM ZIEGLER POWER SYSTEMS AT $57,430. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Consider Ordinance Relatina to Tresoassina Assistant Police Chief Jeff Beahen requested council consideration for the adoption of a trespassing ordinance that revolves around the issue of crime free multi-housing. . COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 99-22 AMENDING CHAPTER 400 OF THE CITY CODE OF ORDINANCES TO INCLUDE SECTION 403 ENTITLED TRESPASSING ON PRIVATE PROPERTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes Julv 12. 1999 Page 6 e 5.9. Review Meetina Schedule It was the consensus of the council to hold the budget meeting during the July 26, 1999, City Council meeting. 6. Other Business 6.1. Strateaic Plannina/Councilmember Motin - Council member Motin stated that he felt the City Council may have different priorities than the EDA in relation to the strategic planning process. He suggested that the City Council meet during a worksession to discuss the council's interest levels regarding issues such as downtown, community center, arts, etc. It was the consensus of the City Council to put this issue on a September agenda so that a meeting date can be set for this worksession. 7. Staff Updates City Administrator Pat Klaers informed the council that the School Board would be discussing the Community Recreation program at its next meeting. City Attorney Peter Beck updated the council on the new firm that he recently joined. e 8. Adjournment There being no further business, Mayor Klinzing adjourned the meeting at 10: 1 0 p.m. Sandra Peine City Clerk e