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11-22-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 22, 1999 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Paul Steinman, Director of Economic Development; Michele McPherson, Director of Planning; Lori Johnson, Finance Director; Steve Rohlf, Building and Zoning Administrator; Rich Czech, Ice Arena 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 6:07 p.m. by Mayor Klinzing. 2. Consider Aaenda e COUNCILMEMBER THOMPSON MOVED TO APPROVE THE NOVEMBER 22, 1999, CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 11115/99 CITY COUNCIL MINUTES - APPROVED 3.2. CHECK REGISTER - APPROVED 3.3. RESOLUTION 99-89 ADOPTING FINAL ASSESSMENT ROLL FOR EAST ELK RIVER BUSINESS PARK IMPROVEMENTS - APPROVED 3.4. ON-SALE LIQUOR LICENSE FOR BUFFALO WILD WINGS - APPROVED 3.5. THERAPEUTIC MASSAGE LICENSE FOR MARY OPA Y - APPROVED 3.6. PAY ESTIMATE #8 TO S.R. WEIDEMA, INC. IN THE AMOUNT OF $229,167.84, FOR WORK ON THE EAST ELK RIVER PROJECT - APPROVED 3.7. RESOLUTION 99-90 APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 99-32, AN ORDINANCE AMENDING SECTIONS 900.08, 900.12, AND 1008.20 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ESTABLISHING OPEN SPACE PRESERVATION PLATS IN THE R1A AND A 1 ZONING DISTRICT - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council Minutes November 22,1999 Page 2 e 4.1. Public Hearina to Consider a Resolution Allowina Developer Access to the State Tax Exempt Bondina Proaram Director of Economic Development Paul Steinman noted that the city has received a request from West Suburban Housing Partners II Limited Partnership to pass a resolution allowing the developer to access a pool of tax exempt funds through the State of Minnesota in order to purchase and rehabilitate multi-family housing units in the city of Elk River. Paul explained that the city has no liability in connection with the sale or repayment of the bonds. He noted that the developer is requesting the use of the bonds for the purchase of Elk Ridge Estates, located at 11755 191 V2 Avenue NW, and Oak Crest Apartments at 300/340/380 3rd Street NW. He indicated that the developer estimates the principal amount of the revenue bonds to be $4 million. Paul Steinman also noted that the city is recommending a fee of V2 of 1 percent of the total amount of the bonds and suggested that this fee be deposited to the development account. Paul Steinman recommended that the council authorize staff to draft a policy for this type of application process. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. Todd Urness of Winthrop and Weinstine was present to answer questions by the council . e COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 99-91 RECITING A PROPOSAL FOR MULTIFAMILY HOUSING DEVELOPMENT PROJECT, TAKING OFFICIAL ACTION WITH RESPECT THERETO, AND INDICATING PRELIMINARY INTENT TO ASSIST THE FINANCING OF THE PROJECT PURSUANT TO MINNESOTA STATUTE CHAPTER 462C AND FURTHER TO INCLUDE A PAYMENT OF AN ADMINISTRATION FEE TO THE CITY OF ELK RIVER EQUAL TO Y2 OF 1 PERCENT OF THE BOND ISSUE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO DIRECT STAFF TO PROCEED WITH DRAFTING A POLICY WITH REGARD TO THESE TYPES OF APPLICATIONS/REQUESTS AND TO BRING THE POLICY BEFORE THE CITY COUNCIL FOR FURTHER CONSIDERATION. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Plannina Commission Interviews Director of Planning Michele McPherson indicated that the city received five applications for the Planning Commission. She noted that one applicant lived outside of the city limits and, therefore, would not be considered for the position. She also noted that two of the remaining four applicants were unable to be interviewed this evening. The City Council interviewed Franz Weckauff and John Morphew. The City Council indicated it would interview the other two applicants some time in December. No appointments were made at this time. The Mayor recessed the meeting at 7:47 p.m. and reconvened at 7:52 p.m. 4.3. Conditional Use Permit Amendment by Camas Minnesota, Inc" Case No. CU 99-29 e Building and Zoning Administrator Steve Rohlf explained that Camas Minnesota, Inc. is requesting an amendment to their existing conditional use permit to extend Elk River City Council Minutes November 22.1999 Page 3 e the period of time for which screening, washing, and crushing of gravel is allowed. The conditional use permit currently allows this activity to take place from 6 a.m. to 10 p.m. Camas is requesting an extension from 6 a.m. to 2 a.m. Steve Rohlf noted that on September 20, 1999, the City Council granted Camas approval to extend its hours on a trial basis. He noted that neither staff nor Camas received any complaints during the trial extension. Council member Thompson noted his concern regarding the lack of lighting to the entrance of Camas' operation on County Road 33. Ken Kellen, plant manager of Camas, suggested the installation of a security light at the entrance off County Road 33. COUNCILMEMBER FARBER MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT FOR CAMAS MINNESOTA INC., CASE NO. CU 99-29 REGARDING THE EXTENSION OF HOURS OF OPERATION AS INDICATED IN THE MEMO TO THE MAYOR AND CITY COUNCIL FROM THE BUILDING AND ZONING ADMINISTRATOR DATED NOVEMBER 22,1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. Update on Nuisance Complaints e Building and Zoning Administrator Steve Rohlf reviewed the status of the 1999 nuisance complaints and discussed when citations are issued. He explained that because of the ineffectiveness and timeframe required to handle some of these issues through the court system, he is suggesting that the city's attorney handle these cases without individual approval by the City Council. Steve also spoke about the possibility of drafting an abatement ordinance that would allow the city to rectify a nuisance situation and assess the associated cost to the property involved. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE STAFF TO USE THE CITY ATTORNEY TO HANDLE NUISANCE TRIAL CASES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Klinzing requested staff to research the possibility of an abatement ordinance and to bring a draft ordinance to the City Council for review. 4.5. Consider Resolution Providina for the Issuance and Sale of the City's General Obliaation Improvement Refunding Bonds, Series 1999B Kathy Aho, Springsted, Inc., was present to discuss the details of the city's issuance and sale of the general obligation and improvement refunding bond. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 99-92 PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1999B. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council Minutes November 22.1999 Page 4 e 4.6. Consider Health Insurance Contract Proposals Finance Director Lori Johnson stated that staff has requested proposals for health insurance for the January 1, 2000, contract year. She noted that the city received proposals from four companies offering ten different programs. She indicated that contract quotes result in a substantial increase in family coverage and more modest increases for other coverage. Lori explained that the Medica quote offered the best premiums, but does not offer dual choice. Lori Johnson also indicated that the city received proposals for dental insurance and that staff recommends switching to a new Delta Dental policy due to better coverage at a lower premium. The City Council discussed the effect these high insurance premiums will have on employees. Discussion was held regarding the possibility of a cafeteria plan. It was noted that the council would be willing to look into a cafeteria plan, however the time frame for doing so this year was very limited. Further discussion took place regarding other ways to minimize the impact of the increase in premiums. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE PROPOSAL FROM MEDICA ELECT AND MEDICA CHOICE ELECT FOR ALL NON-UNION EMPLOYEES AND TO ACCEPT THE PROPOSAL FROM DELTA DENTAL FOR ALL EMPLOYEES. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 4.7. Consider Hirina Ice Arena/Park Shared Employee Ice Arena Manager Rich Czech presented this item to the City Council. He noted that while interviewing for the position of arena night supervisor/streets crew, Case Hayward, the present maintenance supervisor for the arena, showed interest in the posted position. Rich noted that if the council were to approve the hiring of Case Hayward for this position, Case would be making a lateral move, which would not affect his present pay. Rich recommended that the council hire Jerry Davis to fill Case Hayward's position of maintenance supervisor for the arena. COUNCILMEMBER DIETZ MOVED TO APPROVE THE HIRING OF JERRY DAVIS TO THE POSITION OF MAINTENANCE SUPERVISOR AND TO MOVE CASE HAYWARD TO THE POSITION OF AREA NIGHT SUPERVISOR/STREETS CREW. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.8. Open Meeting Law Discussion It was noted that because there was not a quorum of the council attending the holiday party, there would be no need to discuss the possibility of calling a special meeting to be in conformance with the open meeting law. 4.9. Reauest to Add City Policy Manual to the 12/6/99 City Council Aaenda e City Administrator Pat Klaers suggested that the City Council add two items to the special meeting to be held on December 6. The items included review of city policy manual and discussion of employee/employer contribution towards health insurance. Elk River City Council Minutes November 22.1999 Page 5 e COUNCILMEMBER DIETZ MOVED TO ADD THE FOLLOWING TO THE 12/6199 SPECIAL CITY COUNCIL MEETING AGENDA: · CITY POLICY MANUAL . REVIEW AND DISCUSSION OF CITY CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUMS COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6.1. Update on Morrell Companies Parkina Lot e Director of Planning Michele McPherson noted that she had contacted Mr. Morrell regarding the council's concerns relating to the Morrell parking lot on Jackson Avenue and School Street, which is being used for overflow parking for the high school students. Terry Morrell addressed items 2, 4, and 5, in the letter addressed to Larry Morrell dated October 22, 1999, from Michele McPherson. Much discussion was held by the council regarding the need to close the entrance from School Street, allowing only one entrance from Jackson Avenue. Terry Morrell noted that this would not be a viable solution and that the parking lot would terminate if the council requested this item to be completed. It was suggested that the police department ticket jaywalkers to prevent students from crossing at the driveway opening on School Street. Discussion was also held regarding landscaping. It was noted by Terry Morrell that the trees that had been used for landscaping purposes have been removed by the city and have not been replaced. Discussion was held regarding the installation of fencing along School Street. It was noted that more crosswalks in the area might reduce potential accidents from happening. It was also noted by Mayor Klinzing that the situation at the Morrell parking lot is temporary. COUNCILMEMBER FARBER MOVED TO AMEND THE PREVIOUS MOTION MADE BY THE CITY COUNCIL ON OCTOBER 11, 1999, BY DELETING ITEMS 2, 4, AND 5 IN THE MOTION. COUNCILMEMBER MOTIN SECONDED THE MOTION. Council member Motin noted that he would prefer closing off the entrance to School Street. Councilmember Farber suggested having the police look at ticketing jaywalkers and have the street superintendent review the crosswalk situation in the area. THE MOTION CARRIED 3-2. Council member Dietz and Thompson opposed. 7. Other Business Reauest for Transient Merchant bv Dennis Froelich e The City Clerk noted that Dennis Froelich has requested a transient merchant license to sell Florida grapefruit and oranges at Menard's parking lot located at 19521 Evans Street. Elk River City Council Minutes November 22. 1999 Page 6 e COUNCILMEMBER FARBER MOVED TO APPROVE A TRANSIENT MERCHANT LICENSE FOR DENNIS FROELICH TO SELL FLORIDA GRAPEFRUIT AND ORANGES AT MENARD'S PARKING LOT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-'. Councilmember Thompson opposed. 8. Staff Updates The City Administrator informed the council that county information has been received which states that the total tax rate for the city went down from 121 to 119. The City Administrator informed the council that staff is advertising for a wastewater treatment plant maintenance position. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 8:48 p.m. Sandy Peine City Clerk e e