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04-14-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 14, 2003 Members Present: Members Absent: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, City Engineer Terry Maurer, City Attorney Peter Beck, Fire Chief Bruce West, Recreation Manager Michele Bergh, Assistant Police Chief Beahen, Sergeant Rolfe, 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 7:00 p.m. by Mayor K2inzing. 2. Consider 4/14/2003 Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNClLMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. · · 3.2. 3.3. 3.4. 3.5. CITY COUNCIL MINUTES FEBRUARY 11, 2003 MARCH 24, 2003 MARCH 24, 2003 EXECUTIVE SESSION MARCH 31, 2003 CHECK REGISTER PROCLAMATION FOR LOYALTY DAY APPLICATION FOR MASSAGE THERAPIST MELANIE LUNDBERG AND APPLICATION FOR MASSAGE ESTABLISHMENT AT MASSAGE BY MELANIE AT 592 DODGE AVENUE, ELK EIVER, MN CONSUMPTION AND DISPLAY PERMIT FOR WAPITI PARK COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. City Council Minutes Page 2 April 14, 2003 5.1. Wal-mart Foundation: Donation to the City. Public Safety. Facility. Project for Emergency Operation Center Equipment Pete Reiner representing Wal-mart presented the Fire Chief and the Assistant Police Chief with a donation of $2,000 for the Public Safety Facility. Fire Chief West indicated that the money would be used to enhance the communications and radio needs in the Emergency Operations Center. The Council thanked the Wal-mart Corporation for its generous donation of $2,000. 5.2. Public Protection Classification Results (Fire Protection Rating) Fire Chief West informed the Council that the City's fire protection classification rating has improved. He noted that the results of the 2002 Public Protection Classification report is an improvement from a class 4 to a class 3 rating. The Fire Chief noted that this means a savings to the entire community (especially the business community) on insurance premiums. 5.3. Consider Police Department Promotions for Captain and Patrol Sergeant Assistant Chief Beahen indicated that he presented a request to the Personnel Committee to change the title of Assistant Police Chief to Captain. He stated that this title change would be a transition into proposed long-range organizational structure changes for the department. The Assistant Chief indicated that the Personnel Committee reviewed the request and has recommended changing the Assistant Police Chief position title to Captain with no change in the point value and pay range. Assistant Chief Beahen recommended that Sergeant Brad Rolfe be appointed to the position of Police Captain. He indicated that the position would have the same duties as the current position of Assistant Chief. He further recommended that Officer Dan Block be promoted to Patrol Sergeant. COUNCILMEMBER DIETZ MOVED TO PROMOTE SERGEANT BRAD ROLFE TO CAPTAIN BEGINNING AT THE TOP OF LEVEL 8E AND TO PROMOTE OFFICER DAN BLOCK TO PATROL SERGEANT AT A WAGE OF $62,544 PER YEAR EFFECTIVE APRIL 15, 2003. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. District 48 State Senator Mike Jungbauer - Legislative Update State Senator Mike Jungbauer was not present. The site manager for the Oliver Kelley Farm gave an update on the Oliver Kelley Farm. He spoke about how the proposed legislative cuts could affect the Kelley Farm operations. 5.5. Consider Park and Recreation Subcommittee Recommendations on Facilities Recreation Manager Michele Bergh indicated that the Park and Recreation Subcommittee have been meeting to discuss park and recreation financing, field usage; management of softball tournaments, and shelter policy issues. She indicated that the subcommittee is recommending approval of the Youth Association Policy and the Lions Park Center Policy with no changes. City Council Minutes April 14, 2003 Michele reviewed her memo that outlined the policies proposed by the subcommittee. MSF Tournaments Page 3 The Council had no concerns regarding the proposed policy. Fields, Parks and Shelter Use Policy. Councilmember Mot_in questioned the issue of consistency regarding reservation fees for major park users. Following discussion of this issue, it was the consensus to adopt the proposal as recommended but to have the subcommittee review the issue of reservation fees for major park users after the policy has been in affect for a while. Nonresident User Fees for Hillside Park The Council had no concerns regarding the proposed policy. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PROPOSED CHANGES TO THE POLICIES AS OUTLINED BY MICHELE BERGH. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Ice Arena Commission Update - Councilmember Tveite Councilmember Tveite updated the Council on the Ice Arena Commission meeting of April 1, 2003. He noted that ice usage was a key issue that was discussed and stated that demand currently exceeds supply so early reservation and fairness in distribution of ice time is required. The City Administrator indicated that there has been a proposed change of rates. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CHANGE OF RATES AS RECOMMENDED BY THE ICE ARENA COMMISSION ON APRIL 1, 2003. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. HRA Update - Councilmember Mot_in Councilmember Motto updated the Council on the March 24, 2003, HRA meeting. He spoke about the discussion the HRA had concerning the downtown revitalization project and the concept being proposed by a developer for an east Elk River affordable housing project. 5.8. Utilities Commission Update - Councilmember Dietz · Discuss Proposed Elk River Municipal Utilities Employee Pay and Benefit Increase Councilmember Dietz provided an update on the April 8, 2003, Utilities Commission meeting. He indicated that the Commission reviewed the proposed Elk River Municipal Utilities employee pay and benefit increase. Councilmember Dietz reviewed the wage increase process and requested feedback from the Council. City Council Minutes April 14, 2003 5.9. Comprehensive Plan Task Force Update - Councilmembers Motin and Tveite Page 4 Councilmember Tveite provided an update on the March 27, 2003 Comprehensive Plan Task Force meeting. 5.10. Park and Recreation Commission Update Director of Planning Michele McPherson updated the Council on Park and Recreation Commission activities. Youth Athletic Complex: Michele McPherson indicated that construction has brgun on the Youth Athletic Complex concession stand and that Scott Breuer Homes is providing the labor for the project. She further noted that YAC Fields 5 and 6 are under construction and almost complete. The Director of Planning indicated that the City Administrator is recommending approving an expenditure of $48,500 from the NSP fund to facilitate the completion of YAC Fields 5 and 6. COUNCILMEMBER DIETZ MOVED TO APPROVE THE EXPENDITURE OF MONIES FROM THE NSP FUND TO COMPLETE YAC FIELDS 5 AND 6. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Approve Policy. Regarding Encroachments and Illegal Dumping in City Parks The Director of Planning indicated that a number of encroachments such as landscaping and miscellaneous structures are encroaching into the parks. She stated that staff and the Park and Recreation Commission are recommending that the Council formalize the City's position of encroachments and illegal dumping in City parks by adopting the proposed park policy. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PARK POLICY REGARDING ENCROACHMENTS AND ILLEGAL DUMPING IN CITY PARKS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Boston/Concord Street Improvement City Engineer Terry Maurer indicated that staff is requesting the Council to approve the plans and specifications and order the advertisement for bids for the Boston and Concord Street Improvement of 2003. Councilmember Motto indicated that he would like to know how many residents are for the project and how many are against the project. Terry Maurer indicated he would put together a summary of information regarding this issue. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-23 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE BOSTON STREET AND CONCORD STREET IMPROVEMENT OF 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 14, 2003 6.2. 10. Sandra Peine City Clerk Page 5 Pavement Rehabilitation 2003 Improvement City Engineer Terry Maurer indicated that staff is requesting the Council to approve the plans and specifications and to order the advertisement for bids for the 2003 Pavement Rehabilitation Improvement Project. Discussion was held regarding the concerns of the Finance Director regarding a legislative proposal that would severely impact the bonded indebtedness levies for cities. The City Engineer stated that the Finance Director is recommend that the Council proceed with requesting bids and hold the special assessment hearing, but not awarding bids or adopting the f'mal assessment roll until the Legislature has adopted a levy limit bill. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-24 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE PAVEMENT REHABILITATION IMPROVEMENT OF 2003. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Other Business Councilmember Dietz discussed the issue of Sherburne County not being interested in working with the City to complete and use the City's gun range. The Council requested staff to contact with the County regarding this issue and to report back to the Council. Staff Updates There were no staff updates. Executive Session - Litigation Update: Goebel; Tollefson, Halpaus MAYOR KLINZING MOVED TO CALL A CLOSED MEETING OF THE CITY COUNCIL FOR THE PURPOSE OF PROVIDING A LEGAL UPDATE ON THE FOLLOWING LITIGATION CASES: GOEBEL, TOLLEFSON, AND HALPAUS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Klinzing recessed the meeting at 9:04 pm to go into executive session. Mayor Klmzing left the Council Chambers at this time. Acting Mayor Kuester reconvened the meeting at 9:35 pm. Adjournment There being no further business, Acting Mayor Kuester adjourned the meeting of the Elk River City Council at 9:36 p.m.