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08-11-2003 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT LIONS PARK CENTER MONDAY, AUGUST 11, 2003 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, City Engineer Terry Maurer, City Attorney Peter Beck, and Recording Secretary 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 7:00 p.rn. by Mayor Klinzing. 2. Consider 8/11/2003 Agenda Councilmember Kuester noted she had a discussion item under item #7, Other Business. COUNCILMEMBER KUESTER MOVED TO APPROVE THE COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 7/28/03 COUNCIL MINUTES 3.2. CHECK REGISTER 3.3. CHANGE THE APPROVED JULY 14, 2003 CITY COUNCIL MINUTES 3.4. APPROVE MASSAGE THERAPIST LICENSE 3.5. ADOPT 03-44 RESOLUTION FOR SAFE AND SOBER PROGRAM COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. Swearing in of New Police Officer Mayor Klinzing swore in new Police Officer Kevin Heldt. 5.2. Authorization to Hire for the City Clerk Position Councilmember Kuester stated that both she and Councilmember Motin enjoyed being part of the City Clerk Interview Committee. Councilmember Kuester stated that the city was lucky to have such a great set of candidates for the position. She also stated that both she City Council Minutes August 11, 2003 Page 2 ----------------------------- and Councilmember Motin believe Joan Schmidt will be a great addition to the City of Elk River. COUNCILMEMBER MOTIN MOVED TO HIRE JOAN SCHMIDT FOR THE CITY CLERK POSITION FOR THE CITY OF ELK RIVER BEGINNING NO LATER THAN SEPTEMBER 15 AT THE 2003 ANNUAL PAY WAGE OF $58,130.28 ALONG WITH THE TERMS OUTLINED IN AN AUGUST 8, 2003 LETTER TO MS. SCHMIDT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Request by Scott Talbot for Conditional Use Permit for Outdoor Storage (Lumber Yard) City Attorney Peter Beck stated that the letter staff received from Scott Talbot stating that he no longer wishes to pursue the Cleveland Street location is not as specific of a withdrawal as he would have preferred. Mr. Beck stated that his recommendation to the Council would be to deny Mr. Talbot's request for a conditional use permit for outdoor storage ~umber yard) . COUNCILMEMBER TVEITE MOVED TO DENY SCOTT TALBOT'S REQUEST FOR A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE (LUMBER YARD). COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. 2003 Pavement Rehabilitation Improvement Supplemental Public Hearing/Assessment Hearing City Engineer Terry Maurer stated that property located at 413 Quinn Avenue was omitted from the public hearing and assessment hearing for the 2003 pavement rehabilitation project because it did not show up on the Sherburne County half section maps. City staff was made aware of the omission at the assessment hearing because Holy Trinity Episcopal church indicated that they did not own the entire property that they were being assessed for. After further investigation, it was determined that the owners of the property are Cory and Tracey Stoeckel. Mr. Maurer stated that City Attorney Peter Beck prepared a petition and waiver agreement that staff presented to Mr. and Mrs. Stoeckel requesting them to consider signing and waiving their rights to a public hearing and assessment hearing. The Stoeckels have also been provided with background information including answering questions regarding proposed improvements and an amortization schedule showing the payments on the proposed project. To date, staff has not received a response from Mr. and Mrs. Stoeckel regarding their willingness to sign the waiver; therefore, staff is requesting that the City Council adopt resolutions calling for a public hearing, assessment hearing, and to determine the cost of the assessment for the Stoeckel property located at 413 Quinn Avenue. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 03-45 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE PAVEMENT REHABILITATION IMPROVEMENT OF 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 03-46 DETERMINING THE ASSESSED COST OF IMPROVEMENT AND City Council Minutes August 11, 2003 Page 3 ----------------------------- ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE PAVEMENT REHABILITATION IMPROVEMENT OF 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 03-47 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE PAVEMENT REHABILITATION IMPROVEMENT OF 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Update on Public Improvement Project City Engineer Terry Maurer provided an update on the status of a number of public improvement projects including: Highway 10/Main Street, the pavement rehabilitation project, the Boston/Concord project, 175th Avenue, city seal coating program and county projects (CR40 and CR44). 7. Other Business Councilmember Kuester asked that the city look at holding Council and Commission meetings at the Little Theater rather than Lions Park Center. City Administrator Pat Klaers stated that the city is looking into scheduling use of the Little Theater in September. 8. Staff Updates 8.2. City Hall - Public Safety Facility City Administrator Pat Klaers stated that the Police Department is nearly completed but the fire station has some work to be done. Mr. Klaers stated that it is expected that all the main floor work will be completed well before the open house on September 20. Mr. Klaers stated that the EOC will not be part of the open house tour as the workstations will not be repaired in time. In addition to the water damage to the workstations, there are also some climate control/humidity issues that need to be addressed in the EOC. Mr. Klaers noted that about half of the EOC workstations are functional if needed. Mr. Klaers stated that the roof at the old City Hall has been installed and the demolition work is almost completed. Wall construction should begin next week. 8.3. Budget City Administrator Pat Klaers stated that a budget work session is scheduled for August 25 and that a special City Council meeting to discuss the budget will likely need to be scheduled for Tuesday, September 2, 2003. Mr. Klaers stated that the city must certify its maximum levy amount to the county by September 15, therefore, the City Council must approve the 2004 levy at the September 8, 2003 City Council meeting. Mr. Klaers indicated that even with the June 9,2003 budget amendments, there is still a budget gap of approximately $200,000 in balancing the 2003 budget after the LGA cuts. Mr. Klaers stated that building permits have already exceeded the 2003 expectations so it is possible that reserves may not be needed to balance the 2003 budget. This would make some reserves available to be used in 2004 if needed. Mr. Klaers noted that the 2004 budget will be similar to the 2003 budget in terms of capital outlay being funded with equipment City Council Minutes August 11, 2003 Page 4 ----------------------------- certificates and reserves with none being in the General Fund. Revenue options and personal issues were briefly discussed. 8.1. Recreation Department City Administrator Pat Klaers stated that the city has received the resignation of Lana Huberty, Office Assistant for the Recreation Department. Mr. Klaers stated that the city will attempt to replace Ms. Huberty's position with two part-time positions as this will give the Recreation Department added scheduling flexibility. 9. Executive Session - Boston/Concord Assessment Appeal COUNCILMEMBER KUESTER MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS THE BOSTON/CONCORD ASSESSMENT APPEAL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 7:55 p.rn. Following the executive session of the City council, Mayor Klinzing reconvened the regular council meeting at 8:15 p.m. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:15 p.rn. ~1dIA Jessica Miller Recording Secretary