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01-06-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT ELK RIVER PUBLIC LIBRARY MONDAY, .IANUARY 6, 1992 MEMRER~ PRE8ENT: MAyor Tra 1 1 e, COlmcl 1 members ~r-hu] dt, Hol mgren, Dietz, Rnd Kropuenske MEMRF.R~ ABSF.NT: None ~TAFF PRE8F:NT: Patrick KIaers, City Administrator; Stephen Rohlf, fulilding and Zoning Administrator; Lori Johnson, Finanr-e Direr-tor; and ~andrR Thackeray, City Clerk 1. f,fl.ll Meet i ne: to Ord~r.: Pursuant. to due call and noticf' thereof, thf' meeting of the Elk Rivp.r City Counci 1 was r-alled to order at 6:~0 p.m. by Mayor TraUe. 2 . PJ~l!!lj n~_ C9..!1l-.miB~i!1JLlD.:t~r_~Li ew~ Mayor Tral Ie indicat.ed that there were three positions vacant on the Planning Commission and that six canelidates had applied t.o fill the Planning Commission vacancles. Thf' City Counci 1 interviewed the following candidates for the Planning Commission: Rohert Minton, .Tames Fil ipovich, Dan Tveite, Louis Kuester, Robert Bischoff, and Mary Eberley. Following t.he interviews, Councl lmember Holmgren noted, and the City Council concurr(~d, that. thp. pp.ople intp.rviewed were An ontstanding group of r-andidates. The Counci I recesserl at 7: 4fi II. m. and reconvent=~d at 7: fiO p. m. ~. r;0.n8.ut~_r__JlBL}!2_r,it.~r:!:)1IlJrJl_~gf:}1d1! Item R.l.n. Rui lding Permit Fees ami 8.12 Letter to Industrial Prospect.s wp.re added t.o the agenda. COUNCILMEMRER. SCmJLDT MOVED TO APPROVE THE 1/6/92 COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUEN~KE SECONDF.D THE MOTION. THE MOTION CARRIED n-O. 4. 1. Con~Ldp:F_Jj)jJ_!iL}!LJ!j.ty C01.lllG5l!Um!t!l5- COUNCILMRMBER KROPlJft:NSKE MOVl<:D TO APPROVE THE 10/15/91 CITY COUNCIL MINUTES AS ~URMITTF.D. COUNCTLMEMRER ~CHlJLDT SECONDF.D THE MOTION. THE MOTION CARRIED fi-O. 4.2. .G9nBj~er L2.Llf.j_~1-S.J:t.L.Q01!ncU-1.1inJJt~'i Discussion was helel pertaining to Item 6.3. Zoning Interpretation of proposed ORtrich farm. The Council diRcllsseo the fourth paragraph limier 6.3 wh i ch stated that j t waR the COnSp.nRUS of the COllnc i 1 that OstriclwR IlP. consider'{~rJ wi 3d animals by nnture ano not be al lowed as UIl agricultural IISf~. COllnci Imemher Schuldt amI Kropuenske indicated that City Council Meeting January 6, 1992 Page 2 . it was their intent to refer the issue back to the Planning Commission because it was a different type of request and that the City's current ordinance is not detailed enough to make a determination. After discussion regarding this paragraph, it was the consensus of the City Council that the minutes remain as stated. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 12/16/91 CITY COUNCIL MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained due to his absence at the meeting. 5. Open Mike No one appeared for this item. 6. City Finance Award Mayor Tralle noted that the City of Elk River once again received the Certificate of Achievement for excellence in financial reporting for the 1990 fiscal year. He commended Lori Johnson and staff for recei ving the award and noted that Elk River is one of only 50 cities in Minnesota that received this award. 7.1. Desi~nation of Official DQQQsitories . COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-01, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS FOR 1992. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Desig'nation of Official Citv Newspaper COUNCILMEMBER KROPUENSKE MOVED TO DESIGNATE THE ELK RIVER STAR NEWS AS THE OFFICIAL ELK RIVER NEWSPAPER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Appointment of Vice Mayor. Councilmember Dietz indicated that last year Council discussed the idea of rotating the position of Vice Mayor so that eventually all Councilmembers receive the experience of serving as Vice Mayor. COUNCILMEMBER DIETZ MOVED TO APPOINT COUNCILMEMBER HOLMGREN AS VICE MAYOR FOR 1992. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Mayor Tralle questioned how the rotation would take place in the future. It was the consensus of the Council that rotation would be based on seniority. THE MOTION CARRIED 5-0. . 8.1. ConE!)deration of Kel1l)el License Renewals Mayor Tralle indicated that there were three kennel licenses before the Council for annual renewal. Sandy Thackeray, Ci ty Clerk, stated that City Council Meeting January 6, 1992 Page 3 . as part of the license renewal process, kennels are inspected by the Ci ty to ensure compl iance to conditional use permit stipulations. She noted that Janelle Szklarski inspected the kennels and, upon making the inspection of the Reitsma kennel, had a couple concerns regarding the conditional use permit. Steve Rohlf, Building and Zoning Administrator, stated that at the time of the conditional use permit approval for the Reitsma kennel, there was a stipulation in the conditional use stating that the Reitsma's should either have their dogs debarked or a building built to house the dogs for the purpose of controlling the noise. Steve Rohlf indicated that he would like to clarify that stipulation in the conditional use permi t. He indicated that at the time of the meeting, it was inferred that the debarking or construction of the building would take place if needed due to consistent barking of the animals. He stated that this wording was not noted in the minutes. Steve Rohlf stated that he would like the Council to clarify this stipulation by stating that if there are problems that cannot be resolved due to the barking of the animals, the Reitsma's would have the option to either debark the dogs or house the dogs in a building. . Steve Rohlf also indicated that there was another stipulation in the conditional use permit which stated that there should be only one dog per kennel run. He indicated that when Janelle Szklarski inspected the kennels, there were two dogs per kennel run. Janelle Szklarski was informed that the purpose of two dogs per kennel run was so that an older dog could trai n a younger dog. Steve Rohlf requested that this stipulation be withdrawn from the conditional use permit. It was the consensus of the Council to withdraw the stipulation in the condi tional use permit requiring one dog per kennel run and also to clarify the conditi on in the conditional use regarding the debarking of the dogs or building a house indicating that these options would only have to take place if necessary due to excess barking or complaints received because of the dogs. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE KENNEL LICENSES AS STATED I N THE JANUARY 2 , 1 992 , MEMO FROM THE CITY CLERK. COUNC I LMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1.5. BuildinJLPermit Fees . Councilmember Schuldt stated that he would 1 ike to try to ease the local recession by cons idering the lowering of remodeling permi t fees for 1992. Steve Rohlf, the Building and Zoning Administrator, stated that currently the City follows the State Fee Schedule. He further stated that he did not feel the remodeling permit fees are excessive in Elk River and stated that the actual permit fee is a very small percentage of the remodeling project cost. Pat Klaers indicated that if the inspection fees were lowered, the City could face the possibility of fees not covering the costs of the inspection process. Councilmember Holmgren stated that he felt the permit fees may be discouraging people from pulling a building permit for projects. Councilmember Holmgren requested Steve Rohlf to investigate the number City Council Meeting January 6, 1992 Page 4 . of people who do not pull building permits and the reason for not pulling permits by discussing the matter with the County Assessor. It was the consensus of the Council to request the Building and Zoning Administrator to investigate the legalities of dropping or lowering the building permit fees for remodeling jobs. 8.2. Consideration of Cigarette License RenewalE The Ci ty Clerk informed the Counci I that due to some concerns of the Council regarding the availability of cigarettes to minors, a survey has been taken of the establishments selling cigarettes to determine the number of vending machines in the community and the location of cigarettes in businesses. She stated that there are seven vending machines licensed in the City of Elk River and indicated that a couple of these vending machines may be out 'of compliance with the law pertaining to thei r location. The City Clerk informed the Council that upon renewal of the cigarette licenses by the Council, a letter from the Police Chief would be sent to each establishment selling cigarettes informing licensees of the State Law regarding the placement of vending machines and indicating that the location of the cigarette vending machines would he enforced by the PoU ce Department. . The Council discussed the possibility of banning vending machines from the City of Elk River. The City Clerk indlcated that this could be done through an ordinance amendment. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CIGARETTE LICENSES FOR THE ESTABLISHMENTS LISTED IN THE MEMO FROM THE CITY CLERK DATED JANUARY 2, 1992, WITH THE STIPULATION THAT THE ISSUE OF CIGARETTE VENDING MACHINES BE RESEARCHED AND BROUGHT BACK TO THE COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.3 Consideration of Mechanical Amusement Devlce License Renewals . The City Clerk noted that all mechanical amusement device licenses have been applied for with the exception of Wapiti Park. She further indicated that because of some complaints received regarding the Player's Club Billiard Center, Janelle Szklarski has inspected the establ ishment to be sure they were in compliance of the stipulations listed in their conditional use permlt. The City Clerk lndicated that Janelle Szklarskl found two condi Hons that would have to be more strongly enforced. The conditions pertain to the influence of chemical substance and the the general outdoor clean up of the area. The City Clerk informed the Council that the Chief of Police has also discussed these matters with Mr. Wilson and has requested Mr. Wilson, the owner of the Player's Club Center, to notify the police department any time a mino1' enters the establi shment under the influence of a chemical substance and also to notify the police department immediately when any fights occur on the premise. The City Clerk indicated that Mr. Wilson has indicated that he will comply with these requests. COUNCILMEMRER DIETZ MOVED TO APPROVE THE MECHANICAL AMUSEMENT DEVICE LICENSE RENEWALS FOR THE ESTABLISHMENTS LISTED IN THE MEMO FROM THE . . . City Council Meeting January 6, 1992 Page 5 CITY CLERK DATED JANUARY 2, 1992, WITH THE EXCEPTION OF WAPITI PARK. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.4. COJ1.<;iderJlt iO!LOf_IiQh1J j n~ltl1f',y-1.i cense COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE BOWLING ALLEY LICENSE FOR THE ELK RIVER BOWL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.5. Planning Commission Appointments At the beginning of the City Council meeting, the City Council interviewed six applicants for three positions on the Planning Commission. The City Council scored the applicants and tallied the scores to decide on the appointments. After the scores were tallied, the three top scoring candidates were Robert Minton, Dan Tvei te, and Mary Eberley. COUNCILMEMBER DIETZ MOVED TO APPOINT ROBERT MINTON, DAN TVEITE, AND MARY EBERLEY TO THE PLANNING COMMISSION FOR A THREE YEAR TERM BEGINNING JANUARY 1, 1992, AND ENDING DECEMBER 31,1994. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.6. 'park and Recreation Commission Apl2Qintments Pat Klaers, the City Administrator, informed the Council that the term of four of the Park and Recreation Commission members have expired as of December 31, 1991. He indicated that two Commission members, Rolfe Anderson and Mike O'Brien have requested reappointment, while the other two members, Marilyn VanPatten and Todd Mixer indicated their desire to resign. He further stated that the City has received applications requesting appointment to the Commission from .Joseph St. Dennis and Clair Olson. Councilmember Holmgren indicated that discussion had previously been held by the Council regarding the reducing of the number of members from eight to seven. He stated he would like to see the Park and Recreation Commission remain at eight members. COUNCILMEMBER HOLMGREN MOVED TO REAPPOINT ROLFE ANDERSON AND MIKE O'BRIEN TO THE PARK AND RECREATION COMMISSION AND ALSO TO APPOINT JOSEPH ST. DENNIS AND CLAIR OLSON TO THE PARK AND RECREATION COMMISSION. Discussion was held by the Council regarding interviewing the applicants for the Park and Recreation Commission. The Council concluded that the two new applicants for the Park and Recreation Commission should be interviewed prior to appointment. COUNCILMEMBER HOLMGREN RESCINDED HIS MOTION. COUNCILMEMBER HOLMGREN MOVED TO REAPPOINT ROLFE ANDERSON AND MIKE O'BRIEN TO THE PARK AND RECREATION COMMISSION FOR THREE YEAR TERMS BEGINNING JANUARY 1, 1992, AND ENDING DECEMBER 3], 1994, AND TO INTERVIEW THE TWO NE\v APPLICANTS WHO HAVE REQUESTED APPOINTMENT TO THE City Council Meeting January 6, 1992 Page 6 . COMMISSION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL AT 6: 30 P.M. ON JANUARY 27 AT THE ELK RIVER PUBLIC LIBRARY, PRIOR TO THE REGULAR COUNCIL MEETING, FOR THE PURPOSE OF INTERVIEWING TWO APPLICANTS FOR THE PARK AND RECREATION COMMISSION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.7. Joint Power A~reement The City Administrator informed the Council that a Joint Powers Agreement has been drafted relating to the Regional Recreational Program and employee. He indicated that the Council must designate an appointee to the Joint Powers Recreation Board. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JOINT POWERS AGREEMENT FOR THE COMMUNITY RECREATION COORDINATOR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. . COUNCILMEMBER DIETZ MOVED TO NOMINATE COUNCILMEMBER HOLMGREN TO THE JOINT POWERS RECREATION BOARD AS THE ELK RIVER REPRESENTATIVE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Holmgren abstained. 8.8. payroll Resolutjo!! Councilmemher Kropuenske noted that he did not agree with Item #11 on the Payroll Resolution relating to additional compensation of $1.50 per hour for Liquor Store employees working on a day prior to a Holiday. Mayor Tralle noted that the Council had previously discussed Items #4 and #11 on the Payroll Resolution and had determined that these items would be considered when the Council could discuss these issues with the Liquor Store Manager. Councilmemher Schuldt noted that he felt all City employees should recei ve a 4% pay increase which would be the same level of increase received hy the union employees. Councilmemher Schuldt also stated he did not agree with Item #5 pertaini ng to part time employees receiving prorated henefits for vacation, holiday, and sick time. After discussion regarding this item, Mayor Tralle and Councilmembers Holmgren, Kropuenske, and Dietz disagreed with Councilmemher Schuldt regarding this item and felt #5 should remain as stated in the compensation plan. . Councilmemher Dietz indicated that he felt the employees should receive a 3.5% increase in 1992. He stated that the Police Union employees are different than the other City employees and that all employees were well paid. He stated the Council did not have to provide the same wage increase for all employees and. further noted that overall economic conditions are not very good. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-02, A RESOLUTION ADOPTING THE 1992 PAY PLAN FOR NONORGANIZED EMPLOYEES WITH THE DELETION . . . City Council Meeting January 6, 1992 Page 7 OF #4, and #11, WHICH WILL BE DISCUSSED AT A LATER DATE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. Councilmember Holmgren stated that Police employees are different than Ci ty employees and the pay plans (number of steps) for the Pol ice Department and City employees are also different. He stated that City employees are paid well. Councilmember Kropuenske stated that Police employees handle a different type of job than City staff employees. He indicated that the hourly staff people are paid above market Jevel and that the Ci ty cannot conti nue to push the salaries above the local market in these economic times. THE MOTION CARRIED 4-1. Councilmember Schuldt opposed. 8.9. Call 1/20/92 CIP Work Session COUNCILMEMBER KROPUENSKE MOVED TO CALL A JANUARY 20, 1992, CAPITAL IMPROVEMENT CITY COUNCIL WORK SESSION MEETING TO BE HELD AT CITY HALL AT 6:00 p.m. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.10. Request for Conference Attendance/Cliff Skogstad Pat Klaers informed the Council that Cliff Skogstad, Building Official is requesting permission to attend the Uni versi ty of Wisconsin for a one week seminar for Building Officials. It was noted that Cliff has attended this annual seminar for the last two years and that this item is included in the 1992 budget. Discussion was held by the Council regarding whether it was necessary for the Building Official to attend this Out-of-State conference every year. The City Administrator indicated that the conference was very beneficial to the Building Official and in addition to the information received, credits are received that are needed to maintain Class II certification for Building Officials. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE BUILDING OFFICIAL TO ATTEND THE UNIVERSITY OF WISCONSIN FOR A ONE WEEK SEMINAR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that a review of the seminar would be provided to the Council. 8.11. Purchase of ]992 Police Vehicles The City Administrator informed the Council that the Police Chief is requesting permission to purchase three Police vehicles which were budgeted in 1992. The City Administrator informed the Council that the low bid for the Police vehicles was received from Superior Ford of Plymouth and this proposal was through the Hennepin County Purchasing Contract for 1992 Police vehicles. He stated the price for each Police vehicle was $12,756. City Council Meeting January 6, 1992 Page 8 . COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PURCHASE OF THREE POLICE VEHICLES FOR PATROL OFFICERS IN 1992. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.12. Letter to Industrial Prospect The City Council review a 1/7/92 prospect letter. Pat Klaers stated that Bill Rubin, Economic Development Coordinator, is requesting authorization from the Council to send this letter to an industrial prospect. The letter outlines in specific terms the types and kinds of City assistance available to the Company. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE THE ECONOMIC DEVELOPMENT COORDINATOR TO SEND THE LETTER, AS PRESENTED, TO THE PROSPECT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Check Re~ister COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Other Business Councilmember Dietz informed the Council that he has served a year on . the Garbage Appeal Board and that his term is expired. COUNCILMEMBER KROPUENSKE MOVED TO APPOINT COUNCILMEMBER HOLMGREN AS THE GARBAGE APPEAL BOARD MEMBER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. City Administrator Update The City Administrator informed the Council that the Police Department is interviewing the applicants for the Secretary/Receptionist position. A special meeting to authorize appointment by the Council may be necessary next week. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL ON MONDAY, JANUARY 13, 1992, AFTER THE EDA MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 12. Agjournm_ent There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of Elk River City Council adjourned at 9:35 p.m. . Re?ectfUl!Y submitted, ""~~ City Clerk