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06-09-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 9, 2003 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, City Engineer Terry Maurer, Finance Director Lori Johnson, and Recording Secretary Tina Allard Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Klinzing. Consider 6/9/03 Agenda Mayor Klinzing added a curfew update to Other Business. City Administrator Pat Klaers requested that Open Mike be switched with the audit report. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda There was a question as to how many liquor licenses the city is allowed. COUNCILMEMBER KUESTER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3 3.4. 3.5. 3.7. 3.8. 5/27/2003 CITY COUNCIL MINUTES CHECK REGISTER PROCLAMATION FOR NATIONAL NIGHT OUT TEMPORARY ON SALE LIQUOR LICENSE FOR CHURCH OF ST. ANDREW AUTHORIZATION TO PURCHASE DVI WORKSTATION ACCEPT THE BID OF $12,242.15 FROM MIDWESTERN POLE BARN FOR CONSTRUCTION OF A POLE BARN ANNUAL RENEWAL OF LIQUOR LICENSES TO RUN FROM JULY 1, 2003, TO JUNE 30, 2004. AUHTHORIZATION TO APPLY FOR A $15,000 DNR FORESTRY RELEAF GRANT COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes June 9, 2003 ............................. 5. Presentation of the City's 2002 Comprehensive Annual Financial Report Page 2 Finance Director Lori Johnson and Steve McDonald, with Abdo Eick & Meyers, LLP, presented the 2002 Comprehensive Annual Financial Report. Mr. McDonald stated that the city's general fund balance is at 42 percent of the next year's budget, which is considered in the acceptable range according to the State Auditor's classification. The Finance Director and Auditor reviewed each group of funds with the Council. Lori Johnson stated that any special revenue fund balances that could be reserved were reserved and the fund balances that were being saved for the City Hall and Street Rehabilitation projects were changed to capital projects funds if appropriate. This will help address State Auditor Awada's new classification of available funds and will more clearly state the amount of funds available. COUNCILMEMBER TVEITE MOVED TO ACCEPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2002. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike Videem Lindner, 13536 196th Avenue-Stated that he believed the City Council was going to consider a mosquito control policy. He stated that the mosquito population is bad and he is concerned about West Nile Virus and Encephalitis. Al Shrupp, 13964 Ogden Street- Stated that he is concerned with the health of citizens and would like the city to consider a mosquito control policy. Mayor I~inzing stated that she talked with Building and Environmental Administrator Steve Rohlf and that he would provide an update to his research on this issue and bring it to the City Council for consideration. 6.1. Boston/Concord Street Area Improvement of 2003 Assessment Hearing (Public Heariu~, Staff report submitted by City Engineer Terry Maurer. Mr. Maurer stated that this is the assessment hearing for the Boston/Concord Street improvements for city sewer and water. He stated that the project also includes plans to update the street to an urban style concrete curb and gutter at the city's expense. He stated that property owners will be assessed $17, 243.41 over a 15 year period at a 5.5 percent interest rate. The property owner will incur additional costs when they decide to hook up to sewer and water. Mr. Maurer stated that if a property owner would like the right to appeal their assessment they would need to submit a written objection to the assessment prior to the close of this meeting. He stated that an oral objection to the assessment does not preserve the property owners right to appeal the assessment. He stated that after submitting the written objection, the property owner then has the responsibility of filing a formal appeal with the district court within 30 days of this assessment hearing. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Minutes Page 3 June 9, 2003 ............................. Mr. Maurer stated that the city was given a petition by property owners on Boston Street requesting the improvements. He stated that Concord Street would then be sandwiched between two streets that have the improvements so it should be considered in this project. Mr. Maurer stated that he talked to residents along Boston Street; five were in favor of the improvements and one was against. The majority of the residents along Concord Street were in favor of the project. Councilmember Motin stated that he is not in favor of moving forward with this project. He stated that economic times make it difficult for the residents to afford this improvement. He suggested that the improvement be put off for a certain number of years. Mayor Klinzing stated that she is in favor of the project. She stated that if the project is put off the cost of it will increase. She stated that the city is cost sharing some of the expenses but if the project is put off then these funds may not be available for this project. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-36 ADOPTING THE FINAL ASSESSMENT ROLL IN THE MATTER OF THE BOSTON STREET/CONCORD STREET AREA IMPROVEMENTS OF 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Motin and Kuester opposed. Mr. Maurer stated that Tina Roach submitted a written appeal stating an objection to the assessment. COUNCILMEMBER TVEITE MOVED TO DENY THE ASSESSMENT APPEAL OF TINA ROACH AT 12999 MISSISSIPPI ROAD IN THE AMOUNT OF $17,243.41 ON THE GROUNDS THAT THE PROPERTY IS BENEFITED BY AN AMOUNT IN EXCESS OF THE ASSESSMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Motin and Kuester opposed. Mr. Maurer stated that Kevin and Cindy Novotny submitted a written appeal stating an objection to the assessment. COUNCILMEMBER TVEITE MOVED TO DENY THE ASSESSMENT APPEAL OF KEVIN AND CINDY NOVOTNY AT 18279 CONCORD STREET IN THE AMOUNT OF $17,243.41 ON THE GROUNDS THAT THE PROPERTY IS BENEFITED BY AN AMOUNT IN EXCESS OF THE ASSESSMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Motin and Kuester opposed. Mr. Maurer stated that Pete and Linda Nielsen submitted a written appeal stating an objection to the assessment. COUNCILMEMBER TVEITE MOVED TO DENY THE ASSESSMENT APPEAL OF PETE AND LINDA NIELSEN AT 18299 CONCORD STREET IN THE AMOUNT OF $17,243.41 ON THE GROUNDS THAT THE PROPERTY IS BENEFITED BY AN AMOUNT IN EXCESS OF THE ASSESSMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Motin and Kuester opposed. City Council Minutes Page 4 June 9, 2003 ............................. Mr. Maurer stated that Gina DeMarre submitted a written appeal stating an objection to the assessment. 6.2. COUNCILMEMBER TVEITE MOVED TO DENY THE ASSESSMENT APPEAL OF GINA DEMARRE AT 18299 BOSTON STREET IN THE AMOUNT OF $17,243.41 ON THE GROUNDS THAT THE PROPERTY IS BENEFITED BY AN AMOUNT IN EXCESS OF THE ASSESSMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Cauncilmember Matin and Kuester opposed. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-37 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE BOSTON STREET/CONCORD STREET AREA IMPROVEMENT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Cauncilmember Matin opposed. After this item was closed Mr. John Schmitz stated that he wished to submit a written objection to the appeal. The Council stated that his appeal was supposed to be submitted prior to this item being closed. Mr. Schmitz said that Mr. Maurer stated that the written objections had to be submitted by the end of this meeting. Discussion was held on the proper procedure for handling this request. This discussion was continued until the end of the meeting. 2003 Pavement Rehabilitation Program Staff report submitted by City Engineer Terry Maurer. Mr. Maurer provided an update on the revised assessment roll for this project. He stated that the Union Congregational Church sent a letter requesting the Council to reconsider reducing the number of assessed units to their property. Mr. Maurer also stated that the correct property owner has been determined for a parcel located north of the Holy Trinity parcel and the assessment hearing for this parcel may come before the Council at a later date. COUNCILMEMBER ICLTESTER MOVED TO REDUCE UNION CONGREGATIONAL CHURCH FROM SIX ASSESSED UNITS DOWN TO FIVE ASSESSED UNITS. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-38 ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE PAVEMENT REHABILITATION IMPROVEMENT OF 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Highway 10/Main Street Intersection Improvements City Engineer Terry Maurer stated that the city has been working on preparing plans for the Highway 10 and Main Street Intersection Improvements. He stated that the city is requesting MnDOT to advance $338,632 from the General Municipal State Aid Account to allow construction in 2003. He stated that he also needs an agreement signed between City Council Minutes Page 5 June 9, 2003 ............................. MnDOT and the City of Elk River to allow MnDOT to act as the city's representative for accessing the federal funds. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-39 ADOPTING MINNNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT NO. 85163 REGARDING TRUNK HIGHWAY 10/MAIN STREET INTERSECTION IMPROVEMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-40 REQUESTING THE MINNNESOTA DEPARTMENT OF TRANSPORTATION TO APPROVE ADVANCE FUNDING FOR THE TH 10/MAIN STREET IMPROVEMENT (SP 7102-99) FROM GENERAL MSAS ACCOUNT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. HRA Update Councilmember Motin provided an update of the HRA meetings held on May 28, 2003 and June 5, 2003. 7.2. Consider City Council Volunteers for City Clerk Selection Committee City Administrator Pat I~aers stated that the city is looking for Council volunteers to serve on the committee to interview applicants for the City Clerk vacancy. Councilmember Kuester volunteered and Councilmember Motin volunteered depending on the interview schedule. 7.3. City Hall-Public Safety-Utilities Construction Project Update City Administrator Pat I~aers provided an update on the parking lot, furniture, new phone numbers, the police and City Hall moves, and the meetings held at Lions Park Center. Discussion was held on how to proceed with the gun range. Councilmember Dietz suggested that a survey be completed to see if neighboring police communities would be willing to participate in use of the range. The Council directed staff to invite Bruce Anderson from the Sherbume County Sheriff's Department to a future Council meeting to discuss the possibility of the county participating in cost-sharing to help finish the gun range. 7.4. 2003 Legislative Session City Administrator Pat I~aers stated that the city will lose approximately ~gl.3 million in Local Government Aid over the next two years (2003 and 2004). The reductions in 2004 are about 50 percent less than what the Governor proposed. The Conceal and Carry law and the 2:00 am Bar Closing law were also briefly discussed. 7.5. 2003-04 Budgets Update City Council Minutes Page 6 June 9, 2003 ............................. City Administrator Pat Klaers discussed adjustments to the 2003 budget as proposed by staff. The LGA reduction in 2003 is $644,138. He stated that $447,000 in adjustments are proposed to be made for the 2003 budget. He stated that there may be some additional revenue coming in to the city from growth related activities or for programs such as school liaison. Any year-end deficit will have to be made up with funds from the General Fund or the liquor store fund. COUNCILMEMBER TVEITE MOVED TO APPROVE THE 2003 BUDGET AMENDMENTS AS OUTLINED IN THE STAFF REPORT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Consider 2003-04 Volunta~ Leave Program City Administrator Pat Klaers stated that the city has been working on a Voluntary Leave Program to help reduce budget costs to the city. He stated that this program allows an employee to take up to 13 days off in 2003 and 26 days in 2004 subject to approval by their department head. COUNCILMEMBER MOTIN MOVED TO APPROVE THE VOLUNTARY LEAVE PROGRAM WITH THE DELETION OF THE LAST SENTENCE UNDER "DURATION". COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Other Business Mayor Klinzing discussed a new program that addresses teen curfews. She handed out cards that could be distributed to teens when it is noticed that they are out past their curfew times. Mr. Klaers stated that the city received information from the school district requesting participation in a crisis management grant application. Assessment AppeaIs City Administrator Pat Klaers read an excerpt from Minnesota Statute Section 429.061 Subdivision 2. There was discussion on how to properly handle the two written appeals that were submitted after the assessment hearing had been closed. Recording Secretary Tina Allard stated that Michael Gilles submitted a written appeal stating an objection to the Boston Street/Concord Street Improvement assessment. COUNCILMEMBER TVEITE MOVED TO DENY THE ASSESSMENT APPEAL OF MICHAEL GILLES AT 18286 BOSTON STREET IN THE AMOUNT OF $17,243.41 ON THE GROUNDS THAT THE PROPERTY IS BENEFITED BY AN AMOUNT IN EXCESS OF THE ASSESSMENT CONTINGENT UPON ATTORNEY OPINION OF WHETHER THIS WRITTEN APPEAL CAN BE ACCEPTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Motin and Kuester opposed. City Council Minutes June 9, 2003 ............................. Page 7 Recording Secretary Tina Allard stated that John Schmitz submitted a written appeal stating an objection to the Boston Street/Concord Street Improvement assessment. COUNCILMEMBER TVEITE MOVED TO DENY THE ASSESSMENT APPEAL OF JOHN SCHMITZ AT 13013 MISSISSIPPI ROAD IN THE AMOUNT OF $17,243.41 ON THE GROUNDS THAT THE PROPERTY IS BENEFITED BY AN AMOUNT IN EXCESS OF THE ASSESSMENT CONTINGENT UPON ATTORNEY OPINION OF WHETHER THIS WRITTEN APPEAL CAN BE ACCEPTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED $-2. Councilmember Motin and Kuester opposed. Councilmember Dietz stated that he received some complaint calls regarding the poor signage during the construction of the City Hall parking lot. 9. Staff Updates There were no Staff Updates. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:05 p.m. Tina Allard Recording Secretary