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12-09-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 9, 2002 Members Present: Members Absent: Staff Present: Vice Mayor Tveite, Councilmembers Dietz, Kuester, and Motin, Mayor IGinzing City Administrator Pat Klaers, Finance Director LoriJohnson, and City Clerk Sandra Peine Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:45 p.m. by Vice Mayor Tveite. Consider 12/9/2002 Agenda The following items were added to the agenda: 6.1. Memo from Councilmembers Kuester and Dietz Regarding Term Limits Consider Executive Session on December 16, 2002 COUNCILMEMBER DIETZ MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.2. 3,4. CITY COUNCIL MINUTES · 11/25/02 COUNCIL MINUTES · 12/2/02 COUNCIL MINUTES · 12/2/02 EXECUTIVE SESSION MINUTES CHECK REGISTER CONDITIONAL HIRING OF THE FOLLOWING FIREFIGHTERS.' · TIMBRISBIN · TIM MARCHIAFAVA · BRENT RICHTER · SCOTT SCHMIDT APPROVAL OF THE FOLLOWING LICENSES CONTINGENT ON ALL APPLICATION MATERIAL BEING SUBMITTED: · KENNEL LICENSES, PRIVATE AND COMMERCIAL · TOBACCO LICENSES · MECHANICAL AMUSEMENT ESTABLISHMENT LICENSES · BILLIARD HALL LICENSE · THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE City Council Minutes December 9, 2002 3.5. 3.6. Page 2 · MASSAGE THERAPIST LICENSE RESOLUTION 02-108 A RESOLUTION EXTENDING THE TERM OF THE CABLE FRANCHISE HELD BY CC VIII OPERATING COMPANY, LLC D/B/A/CHARTER COMMUNICATIONS RESOLUTION 02-109 ESTABLISHING THE MEETING TIME FOR THE REGULAR CITY COUNCIL MEETINGS TRANSIENT MERCHANT LICENSE FOR JEREMIAH WATSON TO SELL COUPON BOOKS DOOR-TO-DOOR COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike No one appeared for open mike. 5.1. Consider Term Expirations for EDA, HRA, and Library. Board The City Clerk explained that the Mayor appoints the EDA, HRA, and Library Board members. She suggested tabling this item until next week so that the Mayor can make the appointments. COUNCILMEMBER KUESTER MOVED TO TABLE ACTION ON THIS ITEM TO THE DECEMBER 16, 2002 COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Approve Resolution Setting Final Tax Lew for Taxes Payable 2003 5.3. Consider Motion Adopting 2003 Budget The City Administrator indicated that on December 2, 2002, the City Council held its Truth and Taxation public hearing. He indicated that the Council reviewed the proposed 2003 General Fund budget of $7,687,900. The City Administrator noted that based on the proposed tax levy, the 2003 tax rate is estimated at 44.513 which is a 2.1 percent increase in the tax rate. He further noted that the city net tax capacity increased by 14.44 percent in 2003. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 02-110 A RESOLUTION AUTHORIZING THE PROPERTY TAX LEVY FOR COLLECTION IN 2003. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE 2003 MUNICIPAL GENERAL FUND BUDGET AND THE SPECIAL REVENUE FUNDS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Consider City. Recreation Use of Boys and Girls Club The City Administrator indicated that Councilmember Dietz has requested that this issue be brought back to the Council for reconsideration. He indicated that the proposal has not changed since the last time it was before the Council (October 28, 2002 meeting). The City Council Minutes Page 3 December 9, 2002 proposal is to rent the gymnasium space from the Boys and Girls Club for $15,000 per year with a minimum commitment of three years. Councilmember Dietz indicated that the Boys and Girls Club need this commitment from the City or they will not be able to get the loan that they need. Councilmember Motto indicated his concern that the programs do not cost the City more money than the $15,000. Councilmember Motin also questioned the possibility of extending the lease past the three-year commitment if it is in the Cit?s best interest. Councilmember Kuester indicated her concern of funding in 2004 ifLGA is cut by the State. She questioned the possibility of paying the 2003 lease from the 2002 budget. The Finance Director indicated that the lease for 2003 could be prepaid from the 2002 budget. COUNCILMEMBER DIETZ MOVED TO LEASE THE BOYS AND GIRLS CLUB GYMNASIUM FOR $15,000 PER YEAR FOR THREE YEARS AND THAT THE LEASE FOR 2003 BE PREPAID FROM THE 2002 COUNCIL CONTINGENCY BUDGET. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Tim Smith - Main Street House Removal City Administrator Pat Klaers indicated that per Council direction, the City has invoiced Tim Smith in the amount of $9,900. He noted that this is the penalty amount of $100 per day that was issued pursuant to the order for permanent injunction and judgment for the removal of Mr. Smith's house on Main Street. Tim Smith, 403 Main Street - indicated that he was unable to move the house by the deadline because of survey problems on the land where the house was being moved. Mr. Smith indicated that he felt wronged by the City because he was required to get a conditional use permit in 1994 and later found out that the permit was not necessary. Mr. Smith stated that he should not have to pay any penalty. Councilmember Dietz indicated that he would be willing to compromise on the penalty. Councilmember Tveite indicated that he is not willing to set a precedent by waiving the entire fee. Councilmember Kuester indicated that she would like to see Mr. Smith work with the City in determining the amount of penalty. Councilmember Motin indicated that the City has incurred a large amount of legal expenses in dealing with this issue and feels that Mr. Smith is responsible for the full penalty amount. COUNCILMEMBER MOTIN MOVED TO ALLOW THE PENALTY TO BE REDUCED TO $6~000 IF PAID BY MARCH 31, 2003; OTHERWISE THE FULL AMOUNT WILL BE DUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1. COUNClLMEMBER KUESTER OPPOSED. 6. Other Business 6.1. Memo from Council_members Kuester and Dietz Regarding Term Limits Councilmember Kuester introduced a memo from herself and Councilmember Dietz. The memo included a proposal for an ordinance amendment that would allow Park Commission members who are serving as non-residents as of December 2002 to continue to serve on the Park Commission. Councilmember Kuester stated that Dave Anderson has served on the City Council Minutes Page 4 December 9, 2002 Park and Recreation Commission for 15 years. With his term expiring on February 28, 2003, the current ordinance would not allow him to be reappointed. She indicated that he has much knowledge of the history of City park and recreation development as well as much experience in recruiting and working with park volunteers and that it would be a mistake not to reappoint him. Following discussion of this issue, it was the consensus of the City Council that it would be more appropriate to revise the ordinance to allow people outside of the City to serve on city commissions, but allowing the Council to give preference to Elk River residents who apply. The Council directed staff to review the ordinance and to bring the issue back to the Council for discussion when the City Attorney is present. 6.2. Consider Executive Session on December 16, 2002 The City Administrator requested the Council to call a special executive session of the City Council to discuss the Gobel litigation and Tollefson litigation. COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL EXECUTIVE SESSION OF THE CITY COUNCIL FOR MONDAY, DECEMBER 16, 2002, AT 5:30 P.M. TO DISCUSS PENDING LITIGATION ON THE TOLLEFSON AND GOBEL CASES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Staff Updates There were no staff updates. 7. Executive Session Continuation Vice Mayor Tveite recessed the Council and moved to the training room for the continued executive session for the purpose of conducting a performance review of the City Administrator. Following the executive session, Vice Mayor Tveite reconvened the City Council meeting. Vice Mayor Tveite indicated that the performance review of the City Administrator has been completed and it has been decided that his performance is Satisfactory and that the City Administrator will focus on establishing citywide team goals and on encouraging a positive work environment. 9. Adjournment There being no further business, Vice Mayor Tveite adjourned the meeting of the Elk River City Council. Sandra Peine City Clerk