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03-24-2003 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 24,2003 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, City Engineer Terry Maurer, Assistant Police Chief Jeff Beahen, Finance Director Lori Johnson, Economic Development Director Catherine Mehelich, Chief Building Inspector Terry Zajac, and City Clerk Sandra Peine 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 6:42 p.m. by Mayor Klinzing. 2. Consider 3/24/2003 Agenda The following items were added to the agenda: 6.1. Resolution of support for the Oliver Kelley Farm 6.2. Discussion of letter from City of Dayton regarding Mississippi River bridge COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER KUESTER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. CITY COUNCIL MINUTES · 3/10/03 REGULAR COUNCIL MINUTES · 3/10/03 EXECUTIVE SESSION MINUTES · 3/17/03 REGULAR COUNCIL MINUTES 3.2. CHECK REGISTER 3.3. RESOLUTION 03-17 AWARDING THE SALE OF THE CITY'S $357,100 GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF 2003; FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING FOR ITS PAYMENT 3.4. PAY ESTIMATES: · PAY ESTIMATE #6 TO VARIOUS CONTRACTORS FOR THE PUBLIC SAFETY FACILITY IN THE AMOUNT OF $379,997.39 City Council Nfinutes March 24, 2003 Page 2 ----------------------------- · PAY ESTIMATE #7 TO VARIOUS CONTRACTORS FOR THE CITY HALL EXPANSION IN THE AMOUNT OF $273,643.15 3.5. CHANGE ORDERS ON THE PUBLIC SAFETY FACILITY IN THE AMOUNT OF $10,782 AND ON THE CITY HALL/UTILITIES BUILDING IN THE AMOUNT OF $1,950 3.6. JOINT POWERS AGREEMENT ESTABLISHING THE PROSECUTORIAL AUTHORITY OF THE CITY ATTORNEY'S OFFICE WITH SHERBURNE COUNTY 3.7. MASSAGE ESTABLISHMENT LICENSE FOR AVALON SALON 3.8. MASSAGE THERAPIST LICENSE FOR AYA DELONG TO PRACTICE THERAPEUTIC MASSAGE AT AVALON COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. 5.1. Consider Adoption ofMN State Building Code Chief Building Inspector Terry Zajac reviewed the proposed ordinance relating to the application, administration and enforcement of the Minnesota State Building Code. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 03-07 ADOPTING THE MINNESOTA STATE BUILDING CODE AND PROVIDING FOR THE PERPETUAL ADOPTION OF THE MOST CURRENT ADDITION OF THE MINNESOTA STATE BUILDING CODE, WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS, BY AMENDING CHAPTER 30 "LAND DEVELOPMENT REGULATIONS", ARTICLE II, DIVISION 2, SECTIONS 30-81 THROUGH 30-83 OF THE CITY OF ELK RIVER CODE OF ORDINANCES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Consider Amendment to 2003 Park CIP Budget Director of Planning Michele McPherson indicated that the CIP budget includes $21,000 to cover the costs for the concession stand at the Youth Athletic complex. She stated that there is a shortfall of approximately $5,500 to cover the costs of materials for framing and enclosing the building. Ms. McPherson stated that Girls Softball would be providing a cash donation of $2,000, which reduces the shortfall to $3,500. Ms. McPherson requested authorization to add an additional $3,500 to the 2003 CIP budget from the Park Dedication Fund to cover the shortfall. Councilmember Motin suggested using funds from another park improvement such as Highlands East Park rather than increasing the 2003 Parks CIP budget. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE THE EXTRA $3,500 FOR THE CONSTRUCTION OF THE CONCESSION STAND WITH THE MONEY TO COME FROM THE EXISTING BUDGET. COUNCILMEMBER TVEITE SECONDED THE MOTION. City Council1;Iinutes March 24, 2003 Page 3 ----------------------------- Councilmembers Kuester and Dietz indicated d"lat the purpose of the Park Dedication Fund is to use the money for parks and indicated d"lat they did not concur with taking the money from other designated park projects to pay for the $3,500 shortfall. THE MOTION CARRIED 3-2. MAYOR KLINZING AND COUNCILMEMBERS TVEITE AND MOTIN VOTING AYE. COUNCILMEMBERS DIETZ AND KUESTER VOTING NAY. 5.3. Public Hearing on MN Investment Grant Application (Sportech. Inc. Expansion) Director of Economic Development Catherine Mehelich updated the Council on the grant application request to the MN Department of Trade and Economic Development. Ms. Mehelich indicated that the Economic Development Authority recommended that the City Council authorize staff to proceed with a loan application to d"le DTED Minnesota Investment Fund Grant in the amount of $200,000 for Sportech, Inc. She explained that the Minnesota Investment Fund Grant will be used to supplement other sources of public and private fInances for d"le Sportech, Inc. expansion project. Ms. Mehelich reviewed the details of the proposed project. Ms. Mehelich indicated that the purpose of d1e public hearing is to discuss details of the funding request to DTED and to discuss the impact tills proposed grant application has in meeting the City's housing and community development objectives. Ms. Mehelich reviewed the following terms of the loan as recommended by the EDA: . Loan purpose: Equipment fInancing . Term: 7-year amortization at 2% interest . Security: 1 st lien position on new equipment · Job/wage goals: Creation of 15 new full-time positions @ wage of$15/hour Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-18 ADOPTING A RESIDENTIAL ANTI-DISPLACEMENT, RELOCATION ASSISTANCE AND DISPLACEMENT MINIMIZATION PLAN FOR THE CITY OF ELK RIVER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 03-19 A LOCAL GOVERNMENT RESOLUTION FOR THE CITY OF ELK RIVER RELATING TO THE SUBMISSION OF A BUSINESS AND COMMUNITY DEVELOPMENT APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT ON BEHALF OF SPORTECH, INC. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-20 REQUESTING DESIGNATION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER AS A LOCAL DEVELOPMENT ORGANIZATION. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Nfinutes March 24, 2003 Page 4 ----------------------------- 5.4. RequestPartners Presentation by Howard R. Green (Complaint Tracking Software) Doug Brown of Howard R. Green Company gave a demonstration of RequestPartner, which is complaint-tracking software. Mr. Brown eXplained that the software is used for tracking requests and/ or complaints from citizens. It was d"le consensus of the Council to direct staff to continue to work on how the city would implement and use the software program. 5.5. Legislative Session and City Budget Update City Administrator Pat Klaers gave an update on the legislative issues. The City Administrator requested the Council to adopt a resolution which supports legislation for improved funding options for street improvements. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-21 SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Adrninistrator noted that he is preparing for possible budget cuts by meeting with department heads to discuss possible departmental budget cuts to help address the budget shortage. The City Administrator noted that Phil Hals has recommended to reduce the hours of custodial employee Al Pudlik from full time to part time based on city needs due to the hiring of a cleaning fIrm for City Hall and d1e Library, and in order to address d1e budget shortfall issue. COUNCILMEMBER TVEITE MOVED TO REDUCE AL PUDLIK'S HOURS FROM FULL TIME TO PART TIME (20 HOURS PER WEEK). COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administr'ator noted that the Chris Zerwas would no longer be cleaning for the Police Department as of April 30. He indicated that the Street Superintendent would be getting a quote for cleaning services from Toni Karpi who currendy cleans City Hall. 5.6. Public Safety/City Hall Project Update The City Administrator updated the Council on d1e progress of the public safety and city hall project. He indicated that the city hall project is approaching 3.5 million dollars. The Administrator stated that the furniture order for City Hall must be placed by the end of the month in order to meet the move schedule. He indicated that the cost of the furniture is about $300,000. The City Administrator reviewed the timing of the move. He recommended that City Hall be closed on June 13 to accommodate the move from the City Hall to the temporary space in the Utilities building. He also discussed the issue of rescheduling City meetings to anod1er location while City Hall is under re-construction. The City Administrator suggested the use of Lion's Park Center for the City Council, HR.!\., EDA, Planning Commission and Park and Recreation Commission meetings. The Council discussed the possibility of using the litde theater for meetings. It was the consensus of d"le City Council Nfinutes March 24, 2003 Page 5 ----------------------------- Council to hold the meetings at the Lions Park Center but to keep the Litde Theater in mind for meetings that may need to accommodate a larger group of people. The Finance Director distributed the landscaping bids for the City Hall project. She indicated that out of four bids the lowest bidder came in at $69,840.48. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF TO ORDER THE FURNITURE, FIXTURES AND EQUIPMENT FOR CITY HALL THROUGH THE UNIVERSITY OF MINNESOTA CONTRACT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the City Council to close the City Hall for one day to accommodate the move. COUNCILMEMBER TVEITE MOVED TO TEMPORARILY HOLD CITY MEETINGS AT LIONS PARK CENTER DURING THE CONSTRUCTION OF CITY HALL, WITH THE INTENTION OF USING THE LITTLE THEATER FOR CERTAIN SITUATIONS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO AWARD THE LANDSCAPE BID FOR THE CITY HALL PROJECT TO NORTH METRO LANDSCAPING AT $69,840.48. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Annual Report Meeting Update COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL FOR MARCH 31, 2003, AT 6:30 P.M. FOR THE PURPOSE OF THE ANNUAL REPORT PRESENTATION AND TO CONSIDER TELEPHONE BIDS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Other Business Resolution of Support for Oliver Kelly Farm Councilmember Kuester presented a resolution of support for the Kelley Farm. She noted that the State is considering closing the Kelley Farm due to budget constraints. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 03-22 SUPPORTING THE OLIVER KELLEY FARM. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Review Letter from City of Dayton Regarding Bridge Councilmember Dietz discussed a letter he received from the City of Dayton regarding Dayton's opposition to the bridge. City Council Minutes March 24, 2003 Page 6 ----------------------------- 7. Staff Updates There were no staff updates. 8. Executive Session COUNCILMEMBER MOTIN MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO CONSIDER THE ELK RIVER SERGEANTS CONTRACT PROPOSAL FOR 2003 AND THE ELK RIVER POLICE OFFICERS CONTRACT PROPOSAL FOR 2003. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Klinzing recessed the regular Council meeting at 8:40 p.m. Following the executive session Mayor Klinzing reconvened the regular Council meeting at 8:56 p.m. COUNCILMEMBER DIETZ MOVED TO APPROVE THE 2003 CONTRACT PROPOSAL FOR THE ELK RIVER POLICE OFFICERS (LELS - LOCAL #231) AND THE 2003 CONTRACT PROPOSAL FOR THE ELK RIVER SERGEANTS (LELS - LOCAL 271). COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of d1e Elk River City Council at 8:58 p.m. c/~~ a (i)~ Sandra Peine City Clerk