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12-20-1999 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 20, 1999 e Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, and Thompson Members Absent: Councilmember Farber Pat Klaers, City Administrator; Lori Johnson, Finance Director; Sandra Peine, City Clerk; Michele McPherson, Planning Director; Bruce West, Fire Chief; Scott Harlicker, Senior Planner; and Michele Berg, Community Recreation Director; Steve Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney Staff Present: 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 p.m. by Mayor Klinzing. 2. Consider 12/20/99 Aaenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE 12/20/99 COUNCIL AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Aaenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: e 3.1. CHECK REGISTER - APPROVED 3.2. 12/13/99 CITY COUNCIL MINUTES - APPROVED 3.3. CANCEL 12/27/99 CITY COUNCIL MEETING - APPROVED 3.4. RENEWAL OF LICENSES - APPROVED KENNEL LICENSE RENEWALS TOM MESICH - PRIVATE KENNEL - 11401 205TH AVENUE NW HOWARD AND LINDA ABEL - PRIVATE KENNEL - 21031 ELK LAKE ROAD LAURA HESS-ULMAN - PRIVATE KENNEL - 21498 VERNON STREET STOEFFEL AND SANDRA REITSMA - COMMERCIAL KENNEL - 10860 1815T ST. JODI AND SEAN LADD - COMMERCIAL KENNEL - 11631 219TH AVENUE GRACE OSTEIN - COMMERCIAL KENNEL - 20842 CONCORD STREET NW e TOBACCO LICENSE RENEWALS AMERICAN LEGION SUNSHINE DEPOT HOLIDAY STATION STORE #31 BROADWAY BAR & PIZZA SUPERAMERICA #4470 HOULE OIL COMPANY CIRCLE C CONVENIENCE CENTER TIME OUT RESTAURANT COBORN'S CUB FOODS ELK RIVER BOWL FRATERNAL ORDER OF EAGLES BEAUDRY EXPRESS 1 SUPERAMERICA #4338 HOLIDAY STATION STORE #90 CENEX TEX PLEX NORTHBOUND LIQUOR OASIS MARKET #3031 AMOCO WAPITI PARK CAMPGROUND RON'S FOODS SMOKE SHOP City Council Minutes December 20, 1999 Page 2 e MECHANICAL AMUSEMENT LICENSE RENEWALS AMERICAN LEGION POST ELK RIVER ARENA BROADWAY BAR & PIZZA ELK RIVER THEATERS DADDY O'S CAFE' FRATERNAL ORDER OF EAGLES DICK'S RIVERFRONT BAR LAROSE'S PIZZA ELK RIVER BOWL PIZZA HUT BOWLING ALLEY LICENSE RENEWAL ELK RIVER BOWL THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE RENEWALS AVALON - 706 MAIN STREET SALINA SALON - 19112 FREEPORT STREET MOE THERAPEUTIC MASSAGE - 934 HIGHWAY 10 THE WATERFALL SALON AND DAY SPA - 705 MAIN STREET MASSAGE THERAPIST LICENSE RENEWAL JODI PIKULA e 3.5. PAY ESTIMATES a. FINAL PAY ESTIMATES FOR SCHOOL STREET IMPROVEMENTS TO NORTHWEST ASPHALT INCORPORATED IN THE AMOUNT OF $14,393.06 - APPROVED b. FINAL PAY ESTIMATE TO KILMER ELECTRIC INCORPORATED IN THE AMOUNT OF $9,316.80 FOR EMERGENCY VEHICLE PREEMPTION SIGNAL IMPROVEMENTS - APPROVED c. FINAL PAY ESTIMATE TO NORTH VALLEY INCORPORATED IN THE AMOUNT OF $5,850.92 FOR RAILROAD TRAIL IMPROVEMENTS - APPROVED d. PAY ESTIMATE #9 TO S.R. WEIDEMA INCORPORATED IN THE AMOUNT OF $247,866.39 FOR EASTERN AREA IMPROVEMENTS - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Steve Rohlf gave an explanation to Councilmember Dietz regarding questions he had on the checks payable to Liesch Associates, Incorporated and Leonard, Street and Deinard. COUNCILMEMBER DIETZ MOVED TO MAKE PAYMENT TO LIESCH ASSOCIATES INCORPORATED AND LEONARD, STREET, AND DEINARD. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Interview Librarv Board Applicants This item was delayed, as the library board applicants were not present. 4.2. Interview Plan nino Commission Applicants e The City Council interviewed Rodney Hess and Mark Pederson for the Planning Commission. Michele McPherson noted that Howard Abel was scheduled to interview this evening but he was unable to make the planned interview. City Council Minutes December 20, 1999 Page 3 e 4.3. Board and Commission Appointments a. Library Board - This item was delayed until the applicants could be present to be interviewed. b. HRA Appointment COUNCILMEMBER DIETZ MOVED TO APPOINT DARYL THOMPSON TO THE HRA FOR A 5-YEAR TERM TO EXPIRE 12/31/04. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. COUNCILMEMBER THOMPSON ABSTAINED. c. EDA Appointment COUNCILMEMBER THOMPSON MOVED TO REAPPOINT JEFF GONGOLL TO THE EDA FOR A 6-YEAR TERM TO EXPIRE 12/31/05. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. d. It was the consensus of the council to make no planning commission appointment until all planning commission applicants were interviewed, including those who have applied for annual planning commission term expirations. 4.4. Consider Premise Permit Renewal For American Leaion e The city clerk noted that the American Legion has made application to renew its Premise Permit to allow charitable gambling at the American Legion Post. She noted that the organization has met the city's requirement of spending at least 75% of its expenditures in the city's trade area. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-97 APPROVING A PREMISE PERMIT RENEWAL FOR THE AMERICAN LEGION POST #112. COUNCIL- MEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.5. Consider Authorization to Purchase Skid Loader For Street Department The city administrator noted that the council approved $21,000 in equipment certificates, plus the trade-in of the 1993 skid loader for the purchase of a new skid loader with attachments. He noted that the street superintendent has received quotes and is requesting authorization to purchase a Bobcat 773G with attachments and also to approve the purchase of a set of pallet forks and tracks. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE PURCHASE OF THE BOBCAT 773G AND SNOWBLOWER FROM LANO EQUIPMENT AT $16,681.12, INCLUDING THE GEHL TRADE-IN AND FURTHER, TO AUTHORIZE THE APPROVAL OF THE PURCHASE OF A SET OF PALLET FORKS, EXTRA TIRES, AND STEEL TRACKS FOR A COST OF $4,298.88. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.6. 1999 Budaet Amendments e The city administrator and finance director distributed a request for 1999 budget amendments. The City Council reviewed each of the budget amendment City Council Minutes December 20, 1999 Page 4 e requests. Mayor Klinzing suggested the possibility of rolling over the revenues from 1999 to 2000. COUNCILMEMBER DIETZ MOVED THAT WHATEVER FUNDS ARE REMAINING IN THE COUNCIL CONTINGENCY FUND AT THE END OF 1999 BE APPLIED TO THE INCREASE IN EMPLOYEE BENEFITS IN THE YEAR 2000. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Discussion was held regarding funding for non-profit organizations and for the mural on the downtown wall. Mayor Klinzing suggested changing Rivers of Hope contribution to a generalized category of organization contributions and to increase the amount to $9,000 to cover all the requests. Councilmember Motin suggested leaving the amount of money in the Council Contingency Fund and to not label the money so that there is not a general conception that the city has an undesignated amount of money for organization requests. COUNCILMEMBER DIETZ MOVED TO APPROVE THE FOLLOWING BUDGET AMENDMENT REQUESTS: TILE FOR CITY HALL LUNCHROOM/KITCHEN ID BADGING SYSTEM GARAGE DOOR OPENERS CONFINED SPACE PACKS 2 OPERATING SUPPLIES $6,000 $5,000 $5,000 $2,000 $5,000 e COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO ADD $30,000 OF THE REMAINING 1999 BALANCE TO BE PLACED IN THE COUNCIL CONTINGENCY FUND, WHICH WOULD ALLOW THE OTHER 1999 BUDGET AMENDMENT REQUESTS THAT WERE NOT APPROVED BY THE COUNCIL TO COME BACK TO THE COUNCIL FOR CONSIDERATION. COUNCIL- MEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED THAT THE DIFFERENCE BETWEEN THE REVENUE AND EXPENDITURES BE ADDED TO THE FUND BALANCE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE 1999 BUDGET AMENDMENT DETAIL AS PRESENTED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1 Librarv Board Interviews e The city clerk noted that Mike Hangaard would be unavailable to interview for the Library position. She further noted that Mike Hangaard is still interested in the appointment to the Library Board. The City Council interviewed Geraldine Graham for reappointment to the Library Board. During her interview Geraldine Graham spoke about a project the Library Board has been working on. She explained that the Library Board has been in the process of raising funds to purchase a new microfiche reader for the Library. She stated that the Friends of the Library are also working on raising funds for this project. Council member Thompson suggested using library reserve funds to finance the balance needed to purchase the microfiche reader. It was the consensus of the council to authorize the use of library reserve funds for this purpose. City Council Minutes December 20, 1999 Page 5 e COUNCILMEMBER MOTlN MOVED TO REAPPOINT GERALDINE GRAHAM TO THE LIBRARY BOARD FOR A 3- YEAR TERM TO EXPIRE DECEMBER 31, 2002. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.7. Y2K Update Fire Chief Bruce West informed the council that staff would have the Emergency Operations Center open on the evening of December 31, 1999. The city administrator suggested extra compensation for non-exempt employees who will work on the evening of December 31, 1999. COUNCILMEMBER THOMPSON MOVED TO PROVIDE HOUR-FOR-HOUR EXTRA VACATION TIME FOR HOURS WORKED BY NON-EXEMPT EMPLOYEES UP TO A MAXIMUM OF EIGHT HOURS FOR TIME SPENT BETWEEN 4:30 P.M. ON 12/31/99 AND 6:00 A.M. ON 1/1/00, AND ALSO THAT ALL HOURS WORKED ON FRIDAY AND SATURDAY BE BASED ON TIME AND ONE-HALF PAY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. A presentation was made by the Elk River Lions to the fire chief for the purchase of an Infrared Imaging System, which was provided to the Elk River Fire Department by the Lions. 4.8. Bovs and Girls Club Update e Councilmember Thompson informed the council that the Boys and Girls Club has opened its doors for business and has been in operation as of November 29, 1999. 4.9. Utilities Commission Update Council member Dietz updated the council on the Utilities Commission meeting held on December 14, 1999. 4.10. Northstar Corridor Update Scott Harlicker and Mayor Klinzing updated the council on the Northstar Development Corridor meeting held on December 9, 1999. It was noted that Elk River was identified as one of the four stations to be developed as a multi-modal facility. 4.11. Community Recreation Update Michele Berg updated the City Council on recent Community Recreation activities. She noted that Community Recreation has recently moved in to their new offices on Highway 169 and Main Street. 4.12. Amend Section of Personnel Ordinance and Consider Adoption of Personnel Policv Manual e Lori Johnson presented the council with the Personnel Policy Manual, which included the revisions previously made by the council. Lori Johnson requested the council to adopt the Personnel Policy Manual. She further noted that the city's existing ordinance, Section 218 relating to the personnel ordinance, must be amended to reflect the city's new personnel policy. City Council Minutes December 20, 1999 Page 6 e COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 99-33 AMENDING SECTION 218 OF THE CITY CODE OF ORDINANCES ENTITLED PERSONNEL ORDINANCE AND AMENDING THE CITY CODE OF ORDINANCES BY ADOPTING NEW SECTION 220 ENTITLED CONFLICT OF INTEREST. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO ADOPT THE PERSONNEL POLICY MANUAL AS PRESENTED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.13. Hirina of Wastewater Treatment Svstem Operator COUNCILMEMBER THOMPSON MOVED TO HIRE CHRISTOPHER CLARK AS A WASTEWATER TREATMENT SYSTEM OPERATOR AT A STARTING WAGE OF $12.71 PER HOUR BEGINNING JANUARY 3, 2000, CONTINGENT UPON DRIVER'S LICENSE CHECK AND PRE-EMPLOYMENT DRUG SCREENING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.1. Open Mike No one appeared for Open Mike. 6.1. Temporarv Sian Permit e Michele McPherson indicated that the planning staff has been inspecting and regulating temporary signs to ensure that the signs are out of the public rights-of- way, that property line setbacks are met, and to control the size of the signs. She noted that Scott Mitchell, owner of the Dairy Queen, has been using a temporary sign at his store along Highway 10 during the winter months. She indicated that Mr. Mitchell's temporary sign does not meet the setbacks, is placed in the MnDOT right-of-way, and is being displayed for more than the allotted 2-15 day periods per year. Scott Mitchell addressed the council. He noted that he purchased the sign for the Dairy Queen in the fall of 1996. He further noted that prior to purchasing the sign, he talked to staff at city hall and was told that there were no ordinances against the sign. He requested the council to allow him to continue using the sign. He further noted that there is not enough room between his building and the highway to meet the required setbacks and that MnDOT has given him permission to place the sign in the right-of-way. Charlie Houle, Houle Oil, indicated that he also uses temporary signs and reader board signs for the purpose of obtaining employees. He noted that the time allowed by the ordinance for temporary signs is not a reasonable time period to allow business owners to obtain the necessary results they desire from the temporary signs. Mr. Houle noted that he believes these signs should be allowed in certain zones, such as highway commercial zones. Michele McPherson suggested that the Planning Commission review the ordinance for possible amendments such as extension of time frame. e Mayor Klinzing noted that she would like to see the city working with the business owners in the community in regard to this issue. City Council Minutes December 20, 1999 Page 7 e It was suggested that Mr. Mitchell consider a more permanent sign rather than a temporary sign for his situation. It was a consensus of the council that the Planning Commission hold a worksession to review the sign ordinance in relation to temporary signs. 6.2. Request by NRG for Renewal of Conditional Use Permit for Solid Waste Facility, Public Hearina Case No. CU99-33 Building and Zoning Administrator Steve Rohlf noted that NRG is requesting approval for the renewal of their Conditional Use Permit and their Solid Waste License to operate a refuse-derived fuel plant. Steve Rohlf reviewed the staff report. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE RENEWAL OF THE CONDITIONAL USE PERMIT BY NRG FOR THE OPERATION OF A SOLID WASTE FACILITY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Request by GRE for Renewal of Conditional Use Permit for Solid Waste Facility, Public Hearina Case No. CU 99-34 e Building and Zoning Administrator Steve Rohlf noted that Great River Energy is requesting approval for a renewal of their Conditional Use Permit and their Solid Waste Permit to burn refused-derived fuel at their Elk River electrical generation station. Steve Rohlf reviewed the staff report. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the publiC hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE RENEWAL OF THE CONDITIONAL USE PERMIT AND SOLID WASTE LICENSE FOR GREAT RIVER ENERGY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Request by Robert Harris for Variance, Public Hearina Case No. V 99-16 Director of Planning Michele McPherson noted that this issue has been withdrawn by the applicant. 6.5. Request by Dynamics, Lamm & Dehrer, LLP, for PreliminaN Plat (Windsor Park), Public Hearina Case No. P 99-12 e Director of Planning Michele McPherson noted that Dynamics, Lamm, & Dehrer have requested a preliminary plat of Windsor Park. She noted that the Windsor Plat is the first preliminary plat application submitted under the Open Space Preservation Plat Ordinance (Cluster Development). Michele McPherson noted that the development consists of a 57.03-acre site with 31 single-family residential lots and with over 50% of the development permanently protected by a conservation easement as open space. Michele McPherson reviewed the staff report on this issue. She noted that the staff and Planning Commission have recommended approval of the preliminary plat. City Council Minutes December 20, 1999 Page 8 e Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT OF WINDSOR PARK P99-12 WITH THE CONDITIONS AS OUTLINED IN THE STAFF REPORT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6. Request bv City of Elk River for Easement Vacation, Public Hearina Case No. EV 99-5 Director of Planning Michele McPherson noted that the City of Elk River is requesting vacation of temporary construction easements relating to the installation of public improvements in Elk River Crossing. Michele McPherson reviewed the staff report. Mayor Klinzing opened the publiC hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-98 VACATING DRAINAGE AND UTILITY EASEMENTS FOR CASE NO. EV 99-5. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.7. Consider Park Dedication Fees e Director of Planning Michele McPherson noted that the Park and Recreation Commission is requesting the City Council to consider an increase of the Residential Park Dedication Fee from $1,300 per lot to $1 AOO per lot. She indicated that the commission is also requesting consideration of an increase in the trail reimbursement to developers to $14.00 per linear foot. Michele noted that this request will be made along with the proposed 2000 Fee Schedule at the January 10 council meeting. It was a consensus of the council that it would like to see what other cities are doing in the line of park dedication fees. 7. Staff Updates There were no staff updates. 8. Other Business There was no other business. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting. The meeting of the City Council adjourned at 8:37 p.m. Sandra Peine City Clerk e