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09-05-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, SEPTEMBER 5, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gurnphrey, and Motin Members Absent: None Staff Present: City Administrator Lori J ohoson, Police Chief Jeffrey Beahen, Police Captain Bob Kluntz, Street Superintendent Phil Hals, Parks and Recreation Director Bill Maertz, 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 6:30 p.m. by Mayor Klinzing. 2. Consider 09/05/2006 Agenda Councilmember Motin requested that item 3.4. be removed from the consent agenda to be discussed after open mike. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. AUGUST 14, 2006 REGULAR MEETING MINUTES (Postponed) 3.2. CHECK REGISTER 3.3. SPRING 2006 CLEAN-UP DAY/WEEK UPDATE 3.5. RESOLUTION 06-103 TO COMMIT LOCAL REVENUES TO MATCH SAFETEA-LU FUNDS FOR 193RD AVENUE 3.6. TOBACCO LICENSE FOR WALGREENS 3.7. 3.2. PERCENT MALT LIQUOR TEMPORARY ON-SALE LICENSE FOR ELK RIVER LIONS FOR FIRE DEPARTMENT OPEN HOUSE AND DANCE 3.8. DISPENSING OF INTOXICATING LIQUOR OFF-PREMISES FOR MCCOY'S PUB FOR FIRE DEPARTMENT OPEN HOUSE AND DANCE 3.9. PYROTECHNIC DISPLAY LICENSE - RES SPECIALITY PYROTECHNICS INC. MOTION CARRIED 5-0. City Council Minutes September 5, 2006 Page 2 4. Open Mike . There was no one present for open mike. 3.4. Consider "No Parking" Signage from Main Street to 2nd Street Councilmember Motin questioned how this issue arose. He stated that his office is in this area and he has not heard any complaints about the parking from Main Street to 2nd Street. He explained that on-street parking is necessary for the businesses and he would not like to see the parking restricted on Main Street. He stated that if parking restrictions are necessary then he would prefer that the no parking be enforced only in the evening. Street Superintendent Phil Hals indicated the no parking signs were requested by a resident in the area. Mr. Hals explained that when vehicles are parked on both sides of the street, it restricts traffic to one lane. He also explained that he has witnessed the traffic and during the business day is when the no parking signs are necessary. Mr. Hals stated that he has concerns about the parking causing damage to the side of the street from vehicles parking with tWo wheels on the grass in order to fit in the parking spot. Councilmember Dietz questioned if parking could be restricted to only one side of the road. Mr. Hals said that it could and asked if the Council has a preference on which side of the street parking is allowed. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO INSTALL "NO PARKING" SIGNAGE ON THE WEST SIDE OF MAIN STREET TO 2ND STREET. MOTION CARRIED 5- o. . 5.1. Consider Special Deer Hunting in Cit;y Parks Police Chief Jeffrey Beahen indicated that the Police Department has been approached by the Conservation Division of the Department of Natural Resources to conduct several controlled hunts in city parks or on city land this fall with the intent to thin the deer population in these areas. ChiefBeahen explained that hunting would be supervised by the DNR and all hunters would be permitted through the Police Department. He stated that only DNR staff, ERPD, city staff, or known sportspersons which can be trusted with these special hunts would be allowed to participate. He stated that the parks would be closed during the special hunts and clearly posted to prevent park users from entering these areas during the hunts. Chief Beahen reviewed the hunting requirements as outlined in his staff report. He noted that other, much larger, communities have been conducting these hunts for many years and have had much success. Councilmember Dietz questioned how many days the parks would be closed for hunting. Chief Beahen indicated only a few as needed and the special hunts would not interfere with scheduled activities in the parks. Chief Beahen explained that he won't allow any hunting until most of the leaves have fallen from the trees which allows a clearer, unobstructed view from the tree stands. . . . . 5.2. 5.3. City Council Minutes September 5, 2006 Page 3 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE SPECIAL HUNTS IN THE CITY PARKS FOR THE PURPOSE OF CONTROLLING THE DEER POPULATION AS OUTLINED BY CHIEF BEAHEN. MOTION CARRIED 5-0. Notice of Federal Grant Award to Police Department and Authorization to Send IT Employee to Training Police Chief] effrey Beahen stated that the Police Department has been awarded a federal grant from the Office of National Drug Control Policy Counterdrug Technology Assessment Center for a "Forensic Tool Kit" which will allow the police to acquire the image from a suspect hard drive and allow the examiner to perform a complete index of its contents. Chief Beahen explained that the award amount is $12,000 which includes software, computer, and monitor. He stated that in order to get the equipment, each agency must send a representative to attend the training. He stated that he would like approval to send IT Director Bob Pearson. He stated that the United States Army Electronic Proving Ground will be administering training and the federal government will cover all travel, lodging, and training costs. The only cost to the city is for the attendee's meals. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO AUTHORIZE IT DIRECTOR ROBERT PEARSON TO ATTEND TRAINING ON THE AWARDED EQUIPMENT WITH ALL COSTS EXCEPT FOR MEALS TO BE COVERED BY THE GRANT PROCESS. MOTION CARRIED 5-0. Consider Drafting Traffic Calming Policy Police Chief] effrey Beahen indicated that discussion recently took place during site plan review of requiring developers of residential plats to include traffic calming designs in their plats, at their cost. He stated that staff feels that including engineered traffic calming on the front end eliminates staff time later related to traffic complaints and creates safer neighborhoods for our residents. Chief Beahen indicated that one of the most frequent calls for police service or engineering complaints is for speeding or unsafe traffic flow through neighborhoods. He explained that the most common request is for additional stop signs, which often results in drivers speeding from stop sign to stop sign. The second most common request is for speed bumps, which create street maintenance concerns. Chief Beahen reviewed the sample traffic calming techniques. He stated that staff would like Council approval to draft a traffic calming policy which would specify the acceptable types of traffic calming devices, where they should be used, and warrants for their installation into existing areas. He stated that staff expects that once the policy is adopted by the Council, developers would be required to incorporate traffic calming into their projects. Councilmember Dietz questioned how staff will develop criteria for installation of traffic calming devices into existing developments because if residents see that a calming technique works, everyone will want that in their neighborhood. Chief Beahen indicated that accident statistics and speed studies are ):he most accurate teller if a traffic calming technique is necessary in a neighborhood. City Council Minutes September 5, 2006 Page 4 Councilmember Dietz questioned if Street Superintendent Phil Hals has reviewed the sample traffic calming techniques and had a chance to comment on maintenance issues. Mr. Hals indicated that he has reviewed them and some are easier to maintain than others. He stated that chokers or speed humps are easier to maintain and circles are a nightmare for street maintenance. . MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO AUTHORIZE STAFF TO DRAFT A TRAFFIC CALMING POLICY. MOTION CARRIED 5-0. 5.4. Authorization to Award Contract for Rivers Edge Commons Parks and Recreation Director Bill Maertz stated that the River's Edge Commons bids were opened August 22 and eight bids were received. He indicated that the low bid amount is $707,529.13 received from American Liberty Construction of Rockford, Minnesota. He noted that American Liberty Construction recently completed a one million dollar park improvement park project for the City of Otsego. He stated that the project will begin mid-September with the goal of having everything except landscaping completed this year. Mr. Maertz noted that Community Development Director Scott Clark recommended that a portion of the funding for the street scape and storm sewer come from economic development funds. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO AWARD THE CONTRACT FOR THE RIVER~S EDGE COMMONS PARK TO AMERICAN LIBERTY CONSTRUCTION IN THE AMOUNT OF $707~529.13. MOTION CARRIED 5-0. . 5.5. Update on Probationary Officer Status Police Chief Jeffrey Beahen stated that the Police Department has received resignation from Officer George Daley. Chief Beahen indicated that the city's attorney has advised the city to accept Mr. Daley's resignation which includes three months severance and benefits. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ACCEPT OFFICER GEORGE DALEY'S RESIGNATION WHICH INCLUDES THREE MONTHS SEVERANCE AND BENEFITS. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE THE POLICE DEPARTMENT TO HIRE A REPLACEMENT OFFICER. MOTION CARRIED 5-0. 5.6. Discuss City Council Worksession Agendas City Administrator Lori Johnson reviewed the proposed worksession agendas for September and October. The Council would like to discuss the Public Works Master Plan and the gas station ordinance at the October meeting. Councilmember Farber would like to discuss downtown parking at either the October or November worksession. . .. . . . City Council Minutes September 5, 2006 Page 5 6. Other Business There was no other business. 7. Council Updates There were no Council updates. 8. Staff Updates There were no staff updates. Mayor Klinzing recessed the meeting at 7:15 p.m. to the Upper Town Conference Room for a budget worksesssion. The meeting reconvened at 7:25 p.m. 9.1. Discuss 2007 Budget City Administrator Lori Johnson indicated that the budget discussion this evening will focus on the parks and recreation department and general government departments. She stated that the proposed levy and General Fund budget, HRA and EDA levies, and trilth-in- taxation hearing date will be approved on September 11 as September 15 is the final day for certification of that information to the county. Parks and Recreation Director Bill Maertz stated that he and Ms. Johnson have discussed implementing street scapes into the city. Mr. Maertz stated that he received a proposal for $23,500 from Hoisington Koegler Group Inc. to design street scape templates for each type of street in Elk River and to prepare two actual designs. He explained the benefits of street scapes and presented pictures of examples within other cities. Councilmember Gumphrey questioned if the street scapes would be included in future developments. Mr. Maertz indicated that they would. Councilmember Dietz questioned where funding for this program would come from. Mr. Maertz indicated that the funding for the design concepts could come from street reserves. Ms. Johnson explained that funding for designs of existing neighborhoods could be included as part of the street improvement cost. Councilmember Motin explained that he has no concerns about the proposal but is concerned that the city will be increasing the areas they are responsible for maintaining. Mr. Maertz indicated that other cities have implemented maintenance service districts in which the businesses that benefit from the street scape pay a nominal fee for maintenance of them. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ACCEPT THE PROPOSAL FROM HOISINGTON KOIGLER GROUP INC. NOT TO EXCEED $23,500 FOR A DESIGN TEMPLATE STUDY AND TWO SUBJECT CORRIDORS WITH FUNDING COMING FROM STREET RESERVES. MOTION CARRIED 5-0. Ms. Johnson indicated that the Arts Alliance has submitted a funding request for $20,000. She stated that the Arts Alliance has received $10,000 in the past which has been included in City Council Minutes September 5, 2006 Page 6 the 2007 budget. Ms. Johnson stated the Council can delay this decision if they want as the Arts Alliance would like to present their request at the October 2 Council meeting. . Ms. Johnson stated that RSVP has submitted a funding request of $4,966. Mr. Maertz stated that last year RSVP volunteers donated over 3500 hours working for City of Elk River departments and he would support this funding. It was the consensus of the Council to include RSVP's funding request in the 2007 recreation budget. Ms. Johnson explained that the police department's software purchase is not included in the 2007 budget because the actual cost has not been determined. She stated.that Chief Beahen is working on a grant that may cover a sizable portion of the cost. It was the consensus of the Council that this software purchase be included in the 2007 budget once the actual cost is known. Ms. Johnson presented the proposed 2007 parks and recreation department budget. She stated that $106,750 is included as a transfer to the Ice Arena to meet the Arena's operating shortfall. Mr. Maertz stated that one request that is not included in the $106,750 is the $28,000 to re-skin the ice plant as this could be funded in the transfer or by a reserve. He reviewed the Arena's Capital Improvement Plan (CIP) list for the next 10 years. He stated that he believes within the next five years a minimum of $330,000 in CIP items will need to be funded and he and Mr. Czech are looking at ways to fund, which includes asking the school district to fund some of the CIP items. . Ice Arena Manager Rich Czech indicated that he spoke with Athletic Director John Barth and if the Rogers Arena is built on-time, Rogers Youth Hockey would use that rink, Mr. Czech noted that Rogers would still be responsible for the ice time reserved at the Elk River rink but game revenues would be lost. Councilmember Farber indicated that the Ice Arena Commission will be meeting four times per year and the additional two meetings will provide the Commission with a chance to discuss ideas on how to bring in additional revenue for the Arena. Mr. Maertz reviewed the highlights of the parks and recreation budget. He stated that the part-time recreation assistant is currently fulfilling additional duties and he would like approval for her to become full-time effective immediately. He explained that her position as part-time recreation assistant will be replaced next year. It was the consensus of the Council for the part-time recreation assistant to be promoted to full-time recreation administrative coordinator. Mr. Maertz stated that Pinewood Golf Course is currently leasing golf carts and they would like to purchase them. He stated that purchasing them would cost approximately the same amount as leasing and they would be paid for in five years. It was the consensus of the Council for Pinewood to purchase golf carts. Mr. Maertz indicated that he is requesting authorization to hire a permanent part-time maintenance employee. He stated that the person he would like to hire is a retired MnDOT employee. It was the consensus of the Council to hire this part-time employee. . . . . City Council Minutes September 5, 2006 Page 7 Ms. Johnson indicated that she received preliminary information from County Assessor Gerry Kritzeck and he is estimating the city's net tax capacity (NTC) will be 12.9%, which is far higher than originally anticipated. She stated that she will have the actual NTC for next week's meeting. She explained that staff used 8% as an NTC estimate when preparing the draft budget and if the actual NTC is 12.9%; an additional $400,000 in revenue could be included, depending on how the Council decides to levy. It was the consensus of the Council to include some of the additional funding based on the difference in the NTC but to leave a cushion to absorb change so the tax rate does not 111crease. Mayor Klinzing indicated that she will not be at the September 11 meeting. She stated that she is comfortable with the levying around 10% as she would rather cut the tax rate than have it remain the same. Councilmember Motin indicated that he would like to levy at 8% but would go as high as 10%. Ms. Johnson indicated that she will have the final NTC next week and staff will prepare levy resolutions for different percentages and the Council can approve the one the want. Councilmember Motin stated that he would like the Council Contingency fund reduced. Ms. Johnson indicated that the contingency fund could be reduced to $110,000 which is the same as last year. It was the consensus of the Council for the Council Contingency fund to remain at $110,000 this year. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:48 p.m. Minutes prepared by Jessica Miller. I~-{