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06-05-1995 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 5, 1995 Members Present: Mayor Duitsman, Commissioners, Dietz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Lori Johnson, Assistant City Administrator; Sandra Thackeray, City Clerk; Fritz Dolejs, Liquor Store Manager; Terry Maurer, City Engineer; Peter Beck, City A ttorney; Steven Ach, City Planner; Steven Rohlf, Building and Zoning Administrator; Tom Zerwas, Police Chief; Jeff Asfahl, Community Recreation Coordinator 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 6:00 p.m. by Mayor Duitsman. 2. Consider Council Aaenda e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JUNE 5, 1995, CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4. MAY 22, 1995, CITY COUNCIL MINUTES n APPROVED 5.2 UPDATE ON CHARITABLE GAMBLING ORGANIZATION (CONFIDENCE LEARNING CENTER) .. RECEIVED 5.4 UPDATE ON DEVELOPMENT OF RECREATION FIELDS.. RECEIVED 5.7 PROCLAMATION FOR SPECIAL OLYMPICS DAY -- PROCLAIMED 5. 9 OVERLAY OF 209TH AVENUE n APPROVED 5.11 TRANSIENT MERCHANT LICENSE FOR MELISSA MOORE TO SELL EDUCATIONAL BOOKS DOOR TO DOOR.. APPROVED 9. CHECK REGISTER.. APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1 Consider Release of Arts Council Contribution From City e The Assistant City Administrator, Lori Johnson, stated that included in the 1995 recreation budget is an expenditure of $5,000.00 for matching funds for the Elk River Area Arts Council. She indicated that the Arts Council has raised $5,000.00 through fundraising efforts and is requesting release of the City's matching Elk River City Council June 5, 1995 Page 2 . contribution of $5,000.00. The City Administrator indicated that the City originally budgeted $6,000.00 in the recreation budget - $5,000.00 for the Arts Council and $1.000.00 for the Theater. Discussion was held by the Council regarding the distribution of these funds between the two organizations. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE $6,000.00 BE EVENLY DISTRIBUTED BETWEEN THE ELK RIVER THEATER AND THE ARTS COUNCIL. THE MOTION DIED FOR LACK OF A SECOND. David Beauvais, Arts Council Coordinator. stated that the Arts Council budget for the year is $25,000.00. He indicated that most of the money received from the City of Elk River is used for the Strings For Youths Program. Mr. Beauvais proceeded to review the upcoming events that are planned by the Arts Council for the year 1995. Councilmembers Farber and Holmgren both indicated that the Arts Council has demonstrated its need for the use of the money. COUNCILMEMBER HOLMGREN MOVED THAT THE CITY RELEASE $5,000.00 TO THE ARTS COUNCIL AND TO RESERVE THE $1,000.00 BALANCE TO CONTRIBUTE TO THE ELK RIVER THEATER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER SCHEEL ABSTAINED. 5.3 Discussion Reaardina City's Charitable Gamblina Ordinance e The City Clerk indicated that this issue relates to a previous Council request to have the City investigate the possibility of inclUding a residency requirement stipulation in its existing charitable gambling ordinance. She indicated that this type of requirement would exclude outside gambling organizations from operating within the City of Elk River. The City Clerk further indicated that the Council has also considered raising the existing requirement of spending 75 percent of lawful expenditures to 80 percent. The City Attorney indicated that if the Council would want to make a decision as to whether or not to grant a premise permit based on residency, that it would be best that the residency requirement be a criteria in the City's ordinance. Greg Larson from Elk River Bowl indicated that Celebrity Bowl Charities is the organization operating from Elk River Bowl. He stated that Celebrity Bowl Charities is opposed to residency requirements. He stated that Celebrity Bowl charities has more than met its requirement of 75% to the community. Greg Larson stated that if it is the Council's intention to include residency requirements in the ordinance, Celebrity Bowl Charities would prefer to see existing organizations grandfathered in. After discussion regarding this issue. it was the consensus of the City Council to authorize the City Attorney to prepare a draft ordinance amendment including both issues (residency requirements and 80 percent lawful expenditures) and that the City Council would discuss this issue at another meeting. e Elk River City Council June 5, 1995 Page 3 e 5.5 Consider Authorization of Phase Two Environmental Assessment at Custom Motors Site Steve Rohlf indicated that John Lichter of B.A. Leisch and Associates has submitted an estimate for the cost of completing a Phase Two environmental assessment at the Custom Motors site. Steve Rohlf stated that until additional testing is completed an estimate of the clean-up cost of the Custom Motors site cannot be derived. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PHASE TWO TESTING OF THE CUSTOM MOTORS CLEAN-UP SITE TO BE COMPLETED BY JOHN LICHTER OF B.A. LEISCH AND ASSOCIATES, INC. WITH THE ACTIVITIES BEING FUNDED BY THE CITY THROUGH THE LANDFILL SURCHARGE. COMMISSIONER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6 Consider Proposal For Plannina Positions e City Administrator Pat Klaers reviewed staff information on this item. The staff information included a memo from the City Planner regarding title change and job description for the Planning Assistant; a memo from the Building and Zoning Administrator regarding the hiring of a Zoning Assistant and a Zoning Assistant jOb description; and the Zoning Assistant point ranking and pay recommendation from the comparable worth committee. The City Administrator indicated that staff is proposing to restructure some of the duties that are currently being done by Gary Schmitz. He indicated that staff is requesting to have Gary Schmitz work entirely for the Planning Department on Planning activities. He indicated that staff is also recommending the hiring of a Zoning Assistant whose duties would include recycling, environmental issues, zoning applications, code enforcement and general inquiries. The City Administrator indicated that staff is further requesting to increase the Planning Assistant's salary approximately one step, from $15.99 to $17.03. COUNCILMEMBER HOLMGREN MOVED THE FOLLOWING: · APPROVE THE REVISED JOB DESCRIPTION FOR THE PLANNING ASSISTANT · INCREASE THE PLANNING ASSISTANT WAGES APPROXIMATELY ONE STEP, TO STEP H FROM $15.99 TO $17.03, RETROACTIVE TO 1/1/95 · APPROVE THE REVISED ZONING ASSISTANT JOB DESCRIPTION · REPEAL THE JOB DESCRIPTION FOR THE RECYCLING COORDINATOR · APPROVE THE POINT RANKING AND PAY RANGE FOR THE ZONING ASSISTANT POSITION · APPROVE THE ADVERTISEMENT FOR THIS POSITION ALONG WITH THE STARTING PAY RANGE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8 Update on Health Insurance e Assistant City Administrator Lori Johnson stated that the new Minnesota Care law has been expanded as of July 1, 1995, to cover groups with up to 49 employees. Lori Johnson informed the Council that if the City exceeds 49 employees during the next year the City would need to re-qualify for renewal on July 1, 1996. She Elk River City Council June 5, 1995 Page 4 e indicated that the City currently has 48 eligible employees, which means only one additional employee could be added to the City prior to July 1, 1996 for renewal under the Minnesota Care Provisions. Lori Johnson explained that if the City intends to change coverage in July of 1995 in order to get lower premiums, and the City does not qualify for renewal in 1996, it would then be subject to market rates and could be denied coverage on the basis of the City's claims and health history information. Lori Johnson distributed a handout of health insurance bids. She explained that Group Health has indicated it would decrease its rates by 31 .87 percent for an August 1 renewal. Lori Johnson informed the Council that quotes listed in the health insurance bid handout are subject to change because companies have not had a chance to get back to the City with the exact quotes. It was the consensus of the City Council to take no action until the June 19th City Council meeting. The City Council agreed to continue its current contribution to the Family Coverage until this issue is resolved. 5.10 Authorization to Hire COPS FAST Officer e Police Chief Tom Zerwas informed the Council that the selection process has been completed for the police officer position funded by the COPS FAST Grant. Chief Zerwas recommended that the Council make a conditional offer of employment to Richard Weis contingent on him successfully passing his psychological and medical examinations. COUNCILMEMBER FARBER MOVED TO EMPLOY RICHARD WEIS OF FRIDLEY AS A POLICE OFFICER FOR THE CITY OF ELK RIVER EFFECTIVE JUNE 21, 1995, CONTINGENT ON HIM SUCCESSFULLY PASSING THE PSYCHOLOGICAL AND MEDICAL EXAMINATIONS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 6:55 p.m. and reconvened at 7:03 p.m. 6. Open Mike David Hassen spoke to the Council about how he felt the continued growth of Elk River is affecting the quality and quantity of employees in the city. He stated that the quality and quantity of employees is deteriorating due to the increase demand for jobs which makes for less dedication of employees. 7.1 Dennis Anderson Request For Comprehensive Land Use Desiqnation From MR (Medium Density Residentiall To HB (Hiqhway Businessl 7.2 Dennis Anderson Request For Rezoninq From Rl C (Sinqle Family Residential) To PUD (Planned Unit Development!, ZC 95-4 e Mayor Duitsman indicated that Dennis Anderson has submitted a letter of withdrawal of his application for comprehensive land use designation and zone change. Mayor Duitsman read the letter from Dennis Anderson which was distributed at the Council meeting. Elk River City Council June 5, 1995 Page 5 . 7.3 Hiahway 169 And Elk Hills Drive Intersection City Engineer Terry Maurer reviewed the two intersection options for the Elk Hills Drive and Dodge Avenue intersection. Option NO.1 is a curved alternative and Option NO.2 is a four legged intersection. The City Engineer indicated that based on previous discussions with the City Council and information obtained from the public at the information hearings, that it is recommended the Council pursue option No.2, which is the four legged intersection. The City Council discussed both options and came to a consensus that option NO.2 was the best design for the intersection. Larry Toth and Arlon Fuchs, neighboring residents, were present and indicated their support for option No.2. The City Administrator indicated that he had notified a few of the surrounding residents, and Gary Santwire who represents some Dodge Avenue businesses, regarding this issue. COUNCILMEMBER HOLMGREN MOVED TO APPROVE OPTION NO. 2 FOR THE ELK HILLS DRIVE AND DODGE AVENUE INTERSECTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION NO. 95-27, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF THE PLANS AND SPECIFICATIONS IN THE MAnER OF THE ELK HILLS DRIVE AND DODGE IMPROVEMENT OF 1995 WITH THE STIPULATION THAT THE DEVELOPER OF OUTLOT A, DEERFIELD THIRD ADDITION, ESCROW FOR THE COST OF THE PLANS AND SPECIFICATIONS AND ACCEPT ASSESSMENTS AGAINST THEIR PROPERTY IN THE AMOUNT OF $145,000.00. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCJLMEMBER HOLMGREN MOVED TO ACCEPT THE LEnER OF CREDIT FROM THE DEVELOPER FOR THE COST OF PLANS AND SPECIFICATIONS AND FOR THE ENTIRE EXECUTED AGREEMENT WITH THE ADDED UNDERSTANDING THAT IF THEY WITHDRAW BEFORE ANY AMOUNT IS INCURRED THAT THEY WOULD ONLY PAY OUT OF POCKET COSTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that the construction timetable for this project calls for activity to begin after Labor Day. 7.4 Receive Feasibility Study, Order Public Hearina And Order Plans And Specifications For 1995 Overlay Proiects City Engineer Terry Maurer indicated that the feasibility study for the 1995 bituminous overlay improvement has been prepared, he informed the Council that the project consists of the areas of Greenhead Acres First. Second, and Third Additions, Countryside Acres Additions and the Avon Acres area along east trunk Highway 10. COUNCllMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-28, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MAnER OF THE 1995 BITUMINOUS OVERLAY IMPROVEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-29, A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MAnER OF THE Elk River City Council June 5, 1995 Page 6 e 1995 BITUMINOUS OVERLAY IMPROVEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1 Park And Recreation Annual Reoort - Jeff Asfahl Jeff Asfahl presented the 1994 Community Recreation Annual Report. Jeff Asfahl reviewed the highlights and achievements as presented in his annual report. He informed the City Council of the new Community Recreation Board logo and other issues that were included in the annual report. Discussion was held by the Council regarding other communities sharing in the cost of recreation programs. Mayor Duitsman requested Jeff Asfahl to make a future presentation to the Council regarding youth activities related to a youth center. The City Council thanked Jeff Asfahl for his annual report presentation. 8.2 Northbound Liquor Annual Reoort Fritz Dolejs, Northbound Liquor Store Manager, presented Northbound Liquor 1994 annual report. Fritz Dolejs informed the Council that the net profit for Northbound in 1994 was 12%, and stated that Northbound was number one in the State in profit to sales ratio. He further informed the Council that operating expenses were 11% which were the lowest in the state. e Fritz Dolejs indicated that the existing Northbound Liquor Store is at its capacity for sales due to the size of the liquor store. He suggested that the Council consider expanding the size of the present Northbound when it rebuilds at its new location. Fritz Dolejs suggested that the Council also consider looking for some land to locate a second liquor store on West Highway lain the future. The City Council thanked the liquor store manager for the 1994 Northbound Annual Report presentation. 10.1 To Call Executive Session MAYOR DUITSMAN MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS PENDING LITIGATION INVOLVING THE EARL HOHLEN PROPERTY. COUNCILMEMBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Discuss Council Involvement In Sherburne County Parade The City Clerk questioned whether the City Council was interested in participating in the Sherburne County Parade. It was the consensus of the Council that they participate in the parade. 11. 1995 Leaislative Uodate The City Administrator updated the City Council on the 1995 legislative issues. e Elk River City Council June 5, 1995 Page 7 . 12. Adjournment There being no further business, COUNCILMEMBER SCHEel MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 8:40 p.m. Respectfully submitted. / C:~ "'Sandra Thackeray City Clerk e s:minutes:cc06-05 e