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11-08-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 8, 1999 Members Present: Mayor Klinzing; Councilmembers Dietz, Thompson, Farber and Motin Members Absent: None Stoff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Sandy Peine, City Clerk; Tom Zerwas, Police Chief; Jeff Beahen, Assistant Police Chief; Paul Steinman, Director of Economic Development; Debbie Long, Recycling Coordinator; and Dave Potvin, Liquor Store Manager 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 6:45 p.m. by Mayor Klinzing. 2. Consider Aaenda Lori Johnson requested that Item 3.3b, Resolution Adopting Final Assessment Roll, be removed from the agenda. e COUNCILMEMBER FARBER MOVED TO APPROVE THE 11/8/99 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. CHECK REGISTER - APPROVED 3.2.0. 10/18/99 COUNCIL MINUTES - APPROVED 3.2.b. 10/25/99 COUNCIL WORKSESSION MINUTES - APPROVED 3.2.c. 10/25/99 COUNCIL MINUTES - APPROVED 3.30. RESOLUTION 99-81 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 1999 - APPROVED 3.3.b. RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR EAST ELK RIVER BUSINESS PARK ASSESSMENTS - WITHDRAWN 3.3.c. RESOLUTION 99-82 ADOPTING FINAL ASSESSMENT ROLL FOR EAST ELK RIVER WATER AND SEWER LATERAL IMPROVEMENTS - APPROVED 3.3.d. SPECIAL ASSESSMENT REAPPORTIONMENTS FOR HILLSIDE CROSSING FIVE, CHERRVWOOD HILLS, LAFA VETTE WOODS 2ND -APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5- O. e City Council Minutes November 8, 1999 Page 2 e 4.1. Administrative Hearina Reaarding Liauor Compliance Check Police Chief Tom Zerwas explained that the administrative hearing was called by the City Council to discuss a liquor violation resulting from a liquor compliance check. Chief Zerwas explained that an employee of Daddy-O's Cafe sold alcohol to a minor on August 19, 1999, during the liquor compliance check. The Chief then reviewed the details of the event. Mayor Klinzing suggested that Mr. Krueger, owner of Daddy-O's Cafe, offer server training to his servers. The police chief noted that selling liquor to a minor is in violation of Minnesota State Statute 340A.415. He recommended that a penalty of $50 be given to the license holder. The Chief Zerwas explained that it is not the intent of the city to make an example of Daddy-O's. He stated that previous liquor compliance check violators have only been reprimanded. He also explained that it is the city staff's intent to amend the city liquor ordinance to be consistent with state statute and to propose a resolution that imposes stronger penalties for liquor law violators. COUNCILMEMBER FARBER MOVED TO IMPOSE A PENALTY OF $50 TO JEFF KRUEGER OF DADDY-O'S CAFE FOR VIOLATION OF MINNESOTA STATUTE RELATING TO THE SALE OF LIQUOR TO MINORS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Presentation of 2000-2002 Economic Development Strateaic Plan e Director of Economic Development Paul Steinman presented the council with the modified version of the Strategic Plan. He indicated that the proposed modified plan has been reviewed at previous meeting and that the Economic Development Authority voted to approve the plan. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE 2000-2003 MODIFIED ECONOMIC DEVELOPMENT STRATEGIC PLAN. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Consider Purchase Aareement - Holt and Jackson Site Councilmember Thompson stated that he would remove himself from the table due to a potential conflict of interest. Paul Steinman explained that the city attorney's office has reviewed the draft purchase agreement for the Holt and Jackson site and has provided a number of recommendations. He explained that the attorney's recommendations are hand-written. Paul reviewed the recommendations made by the attorney. e Dennis Anderson and Dwight Denyes, purchasers of the property, addressed the issue of trees on the site. Mr. Anderson stated that the building has been reversed on the site plan to avoid disruption of as many trees as possible. He stated that he would like a general opinion of the council regarding the developer's need to remove a small number of trees. Discussion pursued regarding the overflow parking area and the possibility of screening this parking area from neighboring residents. Mr. Denyes indicated that it would be best if the city allowed them to City Council Minutes November 8, 1999 Page 3 e remove a few more trees so that the excess parking area could be located closer to the building. He noted that there were over 1200 trees on the site and the removal of trees to accommodate the excess parking area would amount to less than 10 percent. Council member Motin indicated a concern with the language included in item #6 of the "Addendum To Purchase Agreement." The language refers to the property reverting to the seller if construction has not begun before August 1, 2000. Councilmember Motin suggested the city retain the escrow money for having the property off the market for nine months. Mr. Denyes indicated that it is their intention to begin construction well before August 1, but if for some reason this does not happen, the city would still have the interest earned on the purchase price of $350,000. Additionally, the proposed buyers stated their objection to this entire section of the agreement. After discussion by the council, it was the consensus to remove Item # 6 from the "Addendum To Purchase Agreement." It was the consensus of the City Council to accept the purchase agreement and the proposed site plan as presented and to discuss the issue of removing more trees to accommodate the overflow parking lot at a later date. 4.4. Consider Enterprise Budaets e City Administrator Pat Klaers reviewed the garbage collection budget. He noted that approximately 96 percent of the budget goes for fees paid to the garbage collection companies and for waste disposal fees at the RDF plant. He indicated that the garbage haulers have negotiated a new five-year contract. Debbie Long reviewed the new services and decreased customer refuse prices relating to garbage collection and recycling. COUNCILMEMBER FARBER MOVED TO APPROVE THE GARBAGE COLLECTION, MUNICIPAL LIQUOR STORE, AND WASTEWATER TREATMENT SYSTEM ENTERPRISE BUDGETS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. The city administrator reviewed the municipal liquor store and wastewater treatment system budgets. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE NEW REFUSE PRICES AS OUTLINED IN THE MEMO FROM DEBBIE LONG. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 99-83 SETTING THE SANITARY SEWER USER FEES FOR 2000 AND 2001. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e City Council Minutes November 8, 1999 Page 4 e 4,5, Consider Board and Commission Appointment Policy City Clerk Sandy Peine reviewed the proposed revisions to the Board and Commission Appointment Policy, The council reviewed the policy and agreed with the revisions, Discussion was held on the terms that are about to expire on the HRA EDA and Library Board. Mayor Klinzing indicated that she would be reappointing the members on the EDA and HRA whose terms will be expiring. Mayor Klinzing requested the city clerk to advertise for the two positions on the Library Board that will be vacant because the two members have decided not to seek reappointment. She noted that she would like the applicants for the Library Board to be interviewed by the council. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REVISED BOARD AND COMMISSION APPOINTMENT POLICY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6. Other Business There was no other business. e 7. Staff Updates There were no staff updates. 8. Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 7:52 p.m. Sandra Peine City Clerk e