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05-02-1988 CC MIN e e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MAY 2, 1988 MEMBERS PRESENT: Mayor Gunkel, Council Members Tra1le, Schuldt (7:05), Holmgren (7:35) MEMBERS ABSENT: Counc ilmember Dobel ALSO PRESENT: Patrick D. Klaers, City Administrator; and Tom Zerwas, Chief of Police 1. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:05 p.m. 2. Consideration of 5/2/88 City Council Agenda Items 7.1 - City Administrator Update, and 7.2 - Mayor Gunkel were added to the agenda. COUNCILMEMBER TRALLE MOVED TO APPROVED THE 5/2/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Consideration of 4/18/88 City Council Minutes Councilmember Tralle noted that the word "builders" in the last sentence of the third paragraph on the fifth page should be replaced by "developers." Additionally, on page ten, under the consideration of the Chip Martin application for multiple principal buildings on a lot, a statement should be added that "Mayor Gunkel indicated that approval of this application would legitimize an existing nonconforming use and that the City has historically been very reluctant to take such action." Also, it should be noted that Councilmember Dobel returned to the Council table prior to the check register being considered, which made the vote on the check register 5-0 instead of 4-0. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 4/18/88 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike Mr. Shawn Knudsen and Mr. John Travis were present to discuss a possible water skiing slalom course at Lake Orono. They indicated to the Council that contact has been made with Sherburne County Staff member, Dave Anderson, who has jurisdiction over the City's water ways and the County has no problems issuing an annual permit for such a water skiing slalom course. However, the County did instruct Shawn and John to contact the City Council for its approval. The main issue raised by the City Council over such a water skiing course on Lake Orono related to safety concerns for the nonexperienced water skiers, the fisherman in the area. the recreation boaters in the area, and the swimmers. Shawn and John indicated that they have also made contact with the Lake Shore Home Owner e e e City Council Minutes May 2. 1988 Association and that permission has been received from the association for such a water skiing course. The consensus of the City Council was that such a water skiing slalom course was acceptable to them. but that Mr. Knudsen and Mr. Travis should present their proposal to the City Recreation Board when it meets on May 10. 1988. so that any concerns or issues raised by this Advisory Board could be satisfied prior to the water skiing course being in operation. 5.1. Transient Merchant License for Vicki Leistico/Public Hearing Mayor Gunkel indicated that the City has received a Transient Merchant License application from Ms. Vicki Leistico. The applicant would like to sell flowers for three days at Hunts Feed and Garden Center. north of Highway 10 from May 6. 1988. to May 8. 1988. Mayor Gunkel opened the public hearing. Mr. Clyde Ostrander. representing Elk River Floral. questioned whether the application carries a daily fee and whether or not the applicants have any insurance so that the City is protected in case of injury. Mayor Gunkel responded that the application. in a sense. is a daily application because dates of the activities must be included in the application and also that the fee is an annual fee and not a daily fee. Regarding insurance. Mayor Gunkel indicated that this issue is not addressed in the City's Transient Merchant License Ordinance. but that the concern is valid and the City will need to investigate this issue with its Insurance Agent. Ms. Carolyn Bickman the community and such activity can approved following to the ordinance is such as produce. questioned whether any individual can simply come to sell their products. Mayor Gunkel indicated that no take place without a Transient Merchant License as a public hearing by the City Council. The exception products that are immediately consumable on the site. Mayor Gunkel closed the public hearing. The City Council discussed with the applicants their desired precise location for selling flowers at Hunts Feed and Garden Center. The applicants indicated that they were somewhat unsure of the precise location but. at this time. they felt that the west side of the feed mill would be the most appropriate location in order for the traffic to get off of Highway 10 if they were interested in purchasing flowers. Councilmember Holmgren arrived at this time (7:35 p.m.). The City Council directed insurance with the City's Transient Merchant Licenses. the City Staff to investigate the need for Insurance Agent in relationship to issuing COUNCILMEMBER SCHULDT MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE TO MS. VICKI LEISTICO 'TO SELL FLOWERS AT HUNTS FEED AND GARDEN CENTER FROM MAY 6. 1988.' THROUGH' MAY , 8. '1988.' COUNCILMEMBER 'TRALLE' SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes May 2, 1988 e 6. Check Register COUNCILMEMB!R TRALL! MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Schuldt left at this time (7:38 p.m.) 7. Other Business 7.1 Noise Ordinance Discussion Chief of Police, Tom Zerwas, distributed an example Noise Ordinance from the City of St. Cloud and discussed the need for such an ordinance in Elk River. The Chief noted that there is no mention of noise being a nusiance within the City's Nusiance Ordinance and in order for the police to affectively respond to noise complaints, such an ordinance is desired and needed in Elk River. The City Council concurred with the need for such an ordinance and requested the Staff to prepare an ordinance amendment which addresses noise complaints. 7.2 Atlas Update e The City Administrator informed the City Council that he had received a telephone call from Atlas Representative, Paul Hoppe, and that Mr. Hoppe had indicated that Atlas will be submitting a letter which formally requests the application for Atlas Incinerator to be withdrawn. It was further indicated that Atlas is exploring sites within the City of Rams ey . 7.3 Request for Part-Time Police Officer Chief of Police, Tom Zerwas, was present to discuss the need for an additional part-time officer. Mr. Zerwas is pleased with the success of the previous part-time officers, as they have recently been appointed to full- time status with the police force. The Chief stated his preference towards hiring part-time officers from the pool hotline for licensed police officers rather than going to the pool of recent graduates from the skills class. The Chief stated that $3,000.00 is available in his part-time salaries budget and that the part-time officer would be filling in for vacationing police officers during the late summer and fall periods. Further, if the part-time officer worked out well, there is the possibility that he/she would be appointed, by the City Council, as a permanent full-time officer which would be police officer #13. MOTION BY COUNCILMEMBER HOLMGREN TO AUTHORIZE THE CHIEF OF POLICE TO CONTACT THE POLICE POOL HOTLINE FOR A LICENSED POLICE OFFICER TO WORK PART-TIM! (TEMPORARY) IN ELK RIVER~ COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 3-0. e City Council Minutes May 2. 1988 e 7.4. Developer Requirements and Impact Fees The Mayor indicated that a preliminary plat that will be before the City Council in May has an additional subdivision requirement placed upon the developers. This new requirement calls for the placement of funds into escrow for the sealcoating that is needed shortly after the streets are constructed. It was noted that the first seal coat is required within two years of construction of streets. while follow up sealcoating is needed every five to six years. In this manner, the developer is paying for part of the cost of a subdivision without the City taxpayers paying for a maintenance cost in a new development shortly after the development is approved. The Mayor also indicated that currently the only impact fee charged to developers is for park dedication. With a plat that will be before the City Council in May the Staff is also requesting impact fees for road improvement which a plat uses as it's entrance and exit for its development. The staff is still working on an appropriate formula. but it is definitely the recommendation of the Staff that the developer or development pay a larger, disproportionate share of the improvement to the immediate street where the plat exits. Again. in this manner, the development is paying for associated needed improvements and not the general taxpayers. e 7.5. City Administrator Employment Agreement General discussion took place between Councilmembers regarding the need for a City Administrator Employment Agreement for the benefit of both the City and the City Administrator. Mayor Gunkel brought a typo in Item 9 to the City Administrator's attention and requested that within Item 3.A. that a statement be added indicating that in no case shall severance pay exceed the one year base pay of the City Administrator. Also under Item 3.C. that the resignation notice from the City Administrator be changed from 30 to 45 days. The City Administrator indicated that the Employment Agreement standard in the profession and that many of the terms and conditions listed in the Employment Agreement are taken directly from Resolution 86-12, which was approved when the City Administrator was hired. Additionally, most of the language comes from the International City Management Assoication (ICMA) booklet on Employment Agreements. Furthermore. the City Attorney, has reviewed the agreement. There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE ELK RIVER CITY COUNCIL MEETING. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 3-0. The meeting of the Elk River City Council adjourned at approximately 9:00 p.m. e 2 ~ /~~5 Patrick D. Klaers (dt..) City Administrator