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09-13-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 13, 1999 Members Present: Mayor Klinzing, Council members Dietz, Thompson, Farber and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Sandra Peine, City Clerk; Paul Steinman, Director of Economic Development; Steve Rohlf, Building and Zoning Administrator 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 7:35 p.m. by Mayor Klinzing. 2. Consider 9/13/99 Council Aaenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE 9/13/99 COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda e COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.10. 8/23/99 CITY COUNCIL MINUTES - APPROVED 3.1 b. 8/30/99 SPECIAL CITY COUNCIL MINUTES - APPROVED 3.1 c. 9/7/99 SPECIAL CITY COUNCIL MINUTES - APPROVED 3.2. CHECK REGISTER - APPROVED 3.3. REQUEST FOR A 4-WAY STOP SIGN AT THE INTERSECTION OF BRENTWOOD LANE AND 198TH AVENUE, AND A REQUEST FOR A "STOP SIGN AHEAD" WARNING SIGN ON 198TH AVENUE ON THE EAST SIDE OF BRENTWOOD LANE - APPROVED 3.4. REQUEST TO REJECT THE BIDS FOR THE INDUSTRIAL PARK SIDEWALK- APPROVED 3.5. RESOLUTION 99-61 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE ELK RIVER POLICE DEPARTMENT AND MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY FOR THE PROJECT ENTITLED SAFE AND SOBER COMMUNITIES DURING THE PERIOD FROM OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000 - APPROVED 3.6. REQUEST TO FORMALLY CANCEL THE OFFER TO SELL THE CITY'S LOT AT HOLT AND JACKSON STREET FOR A DENNY'S RESTAURANT - APPROVED 3.7. RESOLUTION 99-62 REGARDING THE DELEGATED CONTRACT PROCESS IN THE UPCOMING TYLER STREET PROJECT - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e City Council Minutes September 13, 1999 Page 2 e 4. Open Mike Cecilia Scheel, 10727 2131h Avenue NW - indicated that she has received phone calls regarding the water levels being dropped due to the public improvement project along east Highway 10. Mayor Klinzing requested that the City Engineer give a report to the council regarding this issue. 5.1 , Consider Proposals for Recodification Process The City Clerk informed the council that the city has received proposals to recodify the city code. She indicated that the recodification process is a budgeted item for 1999. The City Clerk stated that four proposals were received. She noted that staff is recommending to accept the proposal from the Municipal Code Corporation at $13,700. COUNCILMEMBER FARBER MOVED TO HIRE MUNICIPAL CODE CORPORATION TO RECODIFY THE CITY'S CODE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5,2, Allina Reauest e City Administrator Pat Klaers indicated that staff had received direction at the August 9 City Council meeting to continue negotiations for Allina's purchase of city property. The City Administrator noted that Allina has submitted a letter dated August 11, 1999, offering the city $6.50 per square foot for the property, The City Administrator stated that on August 27, 1999, Planning Director Michele McPherson and he met with Guardian Angels representatives to discuss options and that a fOllOW-Up meeting with Mr. and Mrs. Hartman and Allina representatives resulted in no changes in Allina's position. The City Administrator stated that he felt AIlina would be a good addition to the community, but also that a second liquor store will be needed at sometime in the future and that there are other sites available in the community for Allina. Carol Mills, Guardian Angels Executive Director, stated that on behalf of the residents and the staff, they felt that Allina would be a wonderful addition to the community. She further noted that Guardian Angels endorses the Allina project. Mayor Klinzing stated she felt that the city should sell the property to Allina. She further stated that the council did not direct staff to continue reviewing options, but only to negotiate for the sale of the property. Council member Motin referred to his memo which was distributed in the council packet. He indicated he felt that there were better places for Allina to locate in the city of Elk River. He stated that he is opposed to selling the site, as he believes it is the best site for the future liquor store. e Council member Thompson indicated that the residents on the west side of the city would be best served by Allina medical clinic rather than a liquor store. He indicated that although he is favor of selling the property to Allina, he does not feel the $6.50 offer is reasonable. City Council Minutes September 13, 1999 Page 3 e Council member Dietz indicated that he concurred with Council member Motin in that he is opposed to selling the property to A1lina. He further indicated that he did not feel Allina was negotiating in good faith. Councilmember Farber indicated that he concurred with Councilmember Thompson in that a health facility would better seNe the residents. However, he also felt that $6.50 per square foot was too low. Tom McKee, representing Allina, indicated that the price of $6.50 was arrived at by fair market value. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE STAFF TO CONTINUE NEGOTIATING FOR A HIGHER PRICE FROM ALLlNA FOR THE SALE OF THE CITY PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Klinzing, Councilmembers Farber, and Thompson voting aye. Council members Dietz and Motin voting nay. 5.3. Enerov City Update e Steve Rohlf informed the council that Energy City has offered their expertise to aid the Northstar Corridor project on energy related issues. He also informed the council that staff is continuing to work on the proposed wind generator. He indicated that staff will be reviewing possible sites to locate the generator. He questioned whether council would be opposed to locating the wind generator on Highway 169. Councilmember Thompson noted that he had no objections to locating the wind generator on Highway 169 provided that the project does not interfere with homeowners. 5.4. Reauest Authorization for Attornev Proceedinas and Condemnation of a House Located on Proctor Avenue Steve Rohlf noted that the house located at 740 Proctor Avenue has been vacant in excess of 12 years. He explained that the house is a hazard and that he has contacted the property owner several times regarding having the structure occupied or removed. He further noted that the property owner has not responded. Steve requested council authorization to proceed with declaring the house a public nuisance, and that it be abated by demolition or removal. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO PROCEED WITH CONDEMNATION OF THE HOUSE ON 740 PROCTOR AVENUE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Consider Reauest to Hire Environmental and Code Enforcement Officer e Steve Rohlf requested authorization to hire Robert Cartwright for a maximum of 20 hours per week to handle nuisance complaints. He also requested authorization to allow the assistant building and zoning secretary, Deb Long to add environmental activities to her job. He indicated that she would devote half of her time to environmental programs and the other half to her immediate job. Steve requested that Ms. Long receive out of grade pay for time spent on environmental duties when she demonstrates the ability to perform these duties under normal supervision. City Council Minutes September 13, 1999 Page 4 e Steve Rohlf requested the Personnel Committee to review both of these positions prior to July 1, 2000. COUNCILMEMBER MOTIN MOVED TO HIRE ROBERT CARTWRIGHT AT $14.20 PER HOUR AS THE CODE ENFORCEMENT OFFICER FOR A MAXIMUM OF 20 HOURS PER WEEK. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE DEB LONG TO TAKE ON THE JOB OF ENVIRONMENTAL PROGRAMS ALONG WITH HER EXISTING JOB AS ASSISTANT BUILDING AND ZONING SECRETARY, AND THAT SHE RECEIVE OUT OF GRADE PAY FOR TIME SPENT ON ENVIRONMENTAL PROGRAMS AT A STARTING WAGE OF $12.96 PER HOUR (PAY GRADE 8, Step B) WHEN SHE HAS DEMONSTRATED THAT SHE CAN PERFORM THE JOB DUTIES WITH MINIMUM SUPERVISION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTlN MOVED TO AUTHORIZE THE PERSONNEL COMMITTEE TO REVIEW THE POSITIONS OF ENVIRONMENTAL PROGRAMS AND CODE ENFORCEMENT OFFICER BY JULY 1, 2000. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Public Hearina to Consider Modified Micro Loan Proaram as Required Under Business Subsidy Leaislation e Paul Steinman, Director of Economic Development, indicated that the EDA has reviewed the revisions to the Economic Development Micro Loan Fund policies. He noted that the EDA adopted the plan with a few revisions. COUNCILMEMBER FARBER MOVED TO APPROVE THE MICRO LOAN FUND POLICY WITH THE INCLUSION OF THE REVISIONS DISCUSSED BY THE EDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Paul Steinman suggested that the City Council and HRA call special meetings to discuss the strategic plan concurrently with the EDA. COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON OCTOBER 11, 1999, AT 5:00 P.M. AT CITY HALL TO DISCUSS THE STRATEGIC PLAN. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Discussion was held regarding whether it was appropriate to have all three groups review the plan. Mayor Klinzing and Council member Motin felt that only the EDA should review the plan. Paul Steinman indicated that it is important for all of the bodies to review the plan in order to have a unified policy. Councilmember Thompson noted that the plan was formed by the different bodies and felt it would not be appropriate for one body to change the plan without input from the other bodies. e COUNCILMEMBER FARBER CALLED FOR THE VOTE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. THE MOTION OF THE VOTE CARRIED 4-1. Council member Motin voted nay. City Council Minutes September 13, 1999 Page 5 e 5.7. Eull Special Assessment Settlement a, Consider Resolution Supportina Green Acres Status for Eull Property City Administrator Pat Klaers noted that the special assessment mediation settlement agreement for the Eull property contains a condition that the city support Green Acres Status for the Eull property as long as the property qualifies for Green Acres. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-63 SUPPORTING THE CONTINUED GREEN ACRES STATUS OF CERTAIN PROPERTY OWNED BY ROGER AND JEAN EULL FOR SO LONG AS THE PROPERTY QUALIFIES FOR GREEN ACRES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. b, Consider Proposal to Purchase Eull Property The City Administrator noted that another condition of the settlement agreement requires the city to consider the purchase of all or a portion of the Eull property being assessed. He noted that the EDA discussed this issue and voted to decline the offer to purchase the property. e COUNCILMEMBER FARBER MOVED TO DECLINE THE OFFER TO PURCHASE THE EULL PROPERTY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5,8. City Budqet Pat Klaers stated that the city has held three budget worksessions. He stated that a balanced general fund budget has been developed in the amount of $5,862,500. The City Administrator noted that formal actions are required to adopt the budget. a. Consider Budqet Debt Service Lew Adiustments COUNCILMEMBER FARBER MOVED TO APPROVE THE DEBT LEVIES AS PRESENTED BY THE FINANCE DIRECTOR. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. b. Consider HRA Pay 2000 Tax Lew Resolution COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-64 ESTABLISHING THE 2000 TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY. COUNCILMEMBER MOTIN SECONDED TO EMOTION. THE MOTION CARRIED 5-0. c, Consider EDA Pay 2000 Tax Lew Resolution e COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-65 AUTHORIZING THE 2000 TAX LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes September 13, 1999 Page 6 e d. Consider City of Elk River Pay 2000 Tax Lew Resolution COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-66 AUTHORIZING THE 2000 PROPOSED PROPERTY TAX LEVY. COUNCILMEMBER MOTIN SECONDED THE MOTION. Mayor Klinzing noted that she was satisfied that the council and staff had been very thorough in reviewing the budget and that all options have been considered in balancing the budget. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE 2000 GENERAL FUND BUDGET AS PRESENTED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. e. Set Dates for Truth and Taxation Hearina COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON DECEMBER 6,1999 AT 6:00 P.M. TO HOLD THE CITY TRUTH IN TAXATION PUBLIC HEARING ON THE TAX LEVY AND BUDGET WITH A CONTINUATION DATE OF DECEMBER 13, 1999, AT 6:30 P.M. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e f. Set Date for Budget Hearina on Chanaes in Tax Rate COUNCILMEMBER MOTIN MOVED TO CALL A PUBLIC HEARING ON OCTOBER 11, 1999, AT 6:30 P.M. TO RECEIVE INPUT ON THE 2000 TAX RATE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Consider Resolution Initiating the Process for the Sale of the City's General Obliaation Improvement Refundina Bonds, Series 1999B Finance Director Lori Johnson explained that the city has the opportunity to refund the improvement bonds that funded the Western Area Phase II Improvements, Elk Park Center and Northeast Area Improvements. She noted that this will result in an approximate savings of $70,000. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-67 INITIATING THE PROCESS FOR THE SALE OF THE CITY'S GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1999B. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Other Business 6.1. Homecomina Parade e City Clerk Sandy Peine informed the council that they have been invited to participate in the homecoming parade. Mayor Klinzing requested an interpretation as to whether a special meeting of the council would need to be called for this purpose. The City Clerk indicated that she would research this issue. e e e City Council Minutes September 13, 1999 6.2. Vehicles for Sale Page 7 Council member Dietz requested police enforcement for vehicles for sale parked on public property and public right-of-ways. 7. Staff Uodates There were no staff updates. 8. Adiournment There being no further business, the meeting of the Elk River City Council adjourned at 9:07 p.m. ~~~~ Sandra Peine City Clerk