09-13-1999 CC MIN
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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
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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.
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City Council Minutes
September 13, 1999
Page 2
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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Sandra Peine
City Clerk