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07-12-2010 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, JULY 12, 2010 Members Present: Mayor Klinzing, Councilmembers Westgaard, Gumphrey, Motin, and Zerwas Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Planning Manager Jeremy Barnhart, Street Superintendent Phil Hals, Accountant Lori Stich, and Executive Secretary/Deputy City Clerk Jessica Miller 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. 2. Consider Council Agenda Councilmember Motin requested that item 3.11 be removed from the consent agenda. • MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: • 3.1. JUNE 28, 2010 SPECIAL MEETING MINUTES 3.2. CHECK REGISTER AS OUTLINED 3.3. RESOLUTION 10-38 APPOINTING ELECTION JUDGES 3.4. SPECIAL EVENT AND TEMPORARY ON-SALE LIQUOR LICENSE FOR CHURCH OF SAINT ANDREW FOR SEPTEMBER 19, 2010. 3.5. SOLICITOR LICENSES FOR JOHN AND SHAWN GRACIK, ELK RIVER EXTERIORS, INC. VALID UNTIL DECEMBER 31, 2010. 3.6. ON-SALE AND SUNDAY LIQUOR LICENSES FOR MUCHO LOCO, INC. WITH THE CONDITION THEY SUBMIT THE MINNESOTA WORKER'S COMPENSATION FORM. 3.7. RESOLUTION 10-39 ACKNOWLEDGING THE $300 CONTRIBUTION FROM CENTRAL BANK TO THE ELK RIVER SENIOR ACTIVITY CENTER. 3.8. OUT OF STATE CONFERENCES -POLICE DEPARTMENT 3.9. LETTER OF SUPPORT FOR TWO MINNESOTA GREENCORPS MEMBERS. 3.10. RESOLUTION 10-40 APPROVING APPLICATION FOR A TRANSIT IMPROVEMENT AREA DESIGNATION, THE TRANSIT City Council Minutes Page 2 July 12, 2010 IMPROVEMENT PLAN AND EXECUTION OF SUBSEQUENT AGREEMENTS AND CONTRACTS. • MOTION CARRIED 5-0. 3.11. Award the 2010 Annual Seat Coat Bid Councilmember Moon stated he did not have a problem with deleting Fillmore Street from the project but he wants to make sure that the street gets repaired. Mr. Hals indicated that the condition of Filltnore Street was the main reason for its deletion from the project. He explained that staff didn't feel they could do an adequate job of crack filling prior to the seal coating. He explained that staff will work on repairing the road. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO AWARD THE 2010 ANNUAL SEAL COAT BID, LESS FILLMORE STREET, TO PEARSON BROTHERS IN THE AMOUNT OF $172,490. MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. 5.1. Commercial Reserve Transitional Zonin Mr. Barnhart presented the staff report. He explained the next steps are up to the City Council. Councilmember Westgaard indicated that about five property owners control approximately 75-80% of the property. He would like their input if the Council decides to move forward. Councilmember Motin stated he would like to move forward. Mr. Barnhart indicated that he will outline the major steps and bring this item back for discussion. 5.2. Public Works Master Plan Architect Approval Mr. Hals presented the staff report. He noted that the memo states that $50,000 is included from the 2009 Government Building Reserve Fund for this project but added there is an additional $50,000 in 2010 set aside for this project. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO HIRE SEH, INC. TO COMPLETE A PUBLIC WORKS SITE MASTER PLAN FOR THE AMOUNT OF $15,000. MOTION CARRIED 5-0. 5.3. 2011 Budget and Tax Levy Discussion Ms. Johnson reviewed her staff report. Council consensus was reached for the following 2011 budget items: • ^ Budget timeline acceptable as outlined City Council Minutes Page 3 July 12, 2010 ----------------------------- ^ No tax levy increase • ^ No employee pay increase ^ Local Government Aid (LGA) should not be included in the budget. Discussion took place on overtime. Councilmember Westgaard requested information on overtime paid out for 2006 - 2008. Councilxnember Gumphrey requested the overtime costs be broken down by department. Ms. Johnson indicated she will get that information to the Council. Mr. Simon explained that the first half tax settlement was received and it is right on track with last year. Discussion took place on the polity set fox maintaining the fund balance at 40%. Ms. Johnson noted that the Capital Improvement Plan and the Enterprise Fund information will be coming forward in the next couple months. 5.4. Council Open Forum Councilmember Zerwas indicated he received an email from the MacGibbon family regarding the Main Street assessment. Ms. Johnson stated that staff researched this item and found that the lot was deemed unbuildable during the 1988 assessment and was assessed part of the street assessment but not the sewer assessment. She stated that the lot in question is valued at $7,200 so it is difficult to justify the assessment. She would suggest the property owner combine the two parcels and be assessed for one unit. She stated she has been in • contact with the property owner. Councilmember Westgaard stated he received complaints from residents regarding the holiday garbage schedule over the Independence Day holiday. Councilmember Zerwas indicated John Babcock contacted him and would like the city to hold an open meeting with the public invited to discuss the possible purchase of the Babcock property. Ms. Johnson stated she will check on Mr. Babcock's availability for August 2. Councilmember Westgaard questioned when information concerning Night to Unite would be coming. Ms. Johnson stated she will check with the police department. 6. Other Business There was no other business. Council Updates There were no Council updates. • City Council Minutes July 12, 2010 Page 4 Staff Updates Ms. Johnson indicated that Jermaine Davis is scheduled for September 20 and 21 and the Council is welcome to attend. She explained she spoke to Mr. Davis and his staff regarding check-in and further explained the fact that the process would be underway and the work product at that point won't look like the end product but Mr. Davis is willing to have a check-in. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:37 p.m. Minutes prepared sica Miller. Tina Allard, City Clerk -d n' Stephanie Klinzing, Mayor • •