09-08-2009 CCM• MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
TUESDAY, SEPTEMBER 8, 2009
Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, Gumphrey, and
Motin
Members Absent: None
Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, City
Attorney Peter Beck, Community Development Director Bill Maertz, City
Clerk Tina Allard, Accountant Lori Stich, Planning Manager Jeremy
Barnhart, Chief of Police Jeffrey Beahen, Captain Bob Kluntz, Captain
Brad Rolfe, Police Sergeant Jeff Mordal, and Recording Secretary Jennifer
Johnson
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 09/08/2009 Agenda
Councilmember Moon requested that an update of the Northstar Corridor be added to the
agenda under Other Business.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA WITH THE
ADDITION TO OTHER BUSINESS. MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING
CONSENT AGENDA:
3.1. AUGUST 17, 2009 COUNCIL MINUTES
3.2. CHECK REGISTER
3.3. SPECIAL EVENT PERMIT AND TEMPORARY ON-SALE LIQUOR
LICENSE FOR ELK RIVER EAGLES CLUB
3.4. PYROTECHNIC FIREWORKS DISPLAY LICENSE - RES SPECIALTY
PYROTECHNICS, INC.
3.5. RESOLUTION 09-43 AUTHORIZING EXECUTION OF AGREEMENT
FOR SAFE AND SOBER COMMUNITIES GRANT
3.6. MASSAGE ESTABLISHMENT AND THERAPIST LICENSES FOR
COLLYARD CHIROPRACTIC PA
MOTION CARRIED 5-0.
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City Council Minutes
September 8, 2009
Page 2
4. Open Mike •
No one appeared for Open Mike.
5.1. Public Safety Donations -Eddy Foundation
Chief Beahen was present and introduced Robert K. Eddy and Mark Jacobson of the Eddy
Foundation. Mr. Eddy awarded $2,000.00 each to both the Elk River Fire Department and
the Elk River Police Department. The Council thanked this local Foundation for their
continued generosity and support, especially during tough economic times.
5.2. Years of Service Recognition -Police Sergeant Jeff Mordal
Chief Beahen introduced Sergeant Jeff Mordal to the Council, and recognized Sgt. Mordal's
years of service, including his many roles in the police department throughout the years.
One area worth noting is his great grant writing abilities, which has brought in hundreds of
thousands of dollars in grants for additional enforcement in Sherburne County. Mayor
Klinzing awarded Sgt. Mordal with a plaque thanking him for 30 years of service to the
citizens of Elk River and commended him for his dedication to duty .
5.3. Resolution Denying a Private Kennel License to Rebecca Krause
Ms. Allard presented the staff report.
Councilmember Motin stated he agrees with limiting the number of dogs Ms. Krause can
have on her property, but he would vote against approving this resolution denying a license
because he disagreed with some of the findings of fact. He stated he didn't believe they
knowingly violated the ordinance regarding needing a kennel license and were now taking
the steps to obtain a license.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY •
COUNCILMEMBER WESTGAARD TO APPROVE RESOLUTION 09-44
DENYING A PRIVATE KENNEL LICENSE AT 19425 OGDEN STREET.
MOTION CARRIED 4-1. Councilmember Motin opposed.
5.4. Code Enforcement Update - Bowlines Alley
Mr. Barnhart presented the staff report.
Mayor Klinzing stated she would like to see the building demolished.
Councilor Beck stated the process to demolish a building would be very time consuming
and costly process, and suggested continuing the abatement proceedings to bring the
building into compliance.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO CONTINUE ABATEMENT
PROCEEDINGS TO THE BOWLING ALLEY AT 13161 HIGHWAY 10 AS
OUTLINED IN THE STAFF REPORT.
MOTION CARRIED 5-0.
5.5. Discuss Council Worksession Agendas
Ms. Johnson presented the staff report. No additions were made.
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City Council Minutes
September 8, 2009
Page 3
6. Other Business
Councilmember Motin updated the council on the upcoming Northstar Corridor events. He
. stated a stakeholders ceremony will be held Friday, Nov. 13 and a public launch with
opportunities to be the first to ride the line available to the public on Sat., Nov. 14. The start
of service will begin Monday, Nov. 16 from Big Lake to the Twin Cities. The bus service
will stop service after November 13, and will begin in Big Lake on Nov. 16 with a route to
St. Cloud.
Council Updates
There were no Council Updates.
Staff Updates
Ms. Johnson updated the council on the receipt of the RFP for the Veterans Administration
building. She stated the boundaries are smaller than originally thought, and they are looking
for a leased building or would consider new construction around 20,000 square feet in size.
The deadline is September 15. Staff will work with the County as well as developers to come
up with proposals before the deadline.
9. Recess to Upper Town Conference Room for 2010 Tax Levy and Budget Discussion
Mayor K]inzing recessed the meeting at 7:00 p.m. in order to go into Worksession. She
reconvened the meeting at 7:05 p.m.
9.1. Administrative Citation Ordinance
Chief Beahen presented the staff report.
• Council discussed the benefits of implementing an administrative citation ordinance and the
steps that needed to be taken by the City if Council decided to implement this ordinance.
Currently, there are very few violations in which an officer can use an administrative citation
during traffic enforcement, but there is a possibility of more being added after the next
legislative session, which would allow for more revenue and be a bigger benefit to the city.
There was also discussion about appointing an impartial hearing officer as well as the
potential loss of revenue the State would experience.
It was suggested that the City hold off for the time being of implementing this procedure
until after the 2010 Legislative session is completed, which will allow time for a review of
other cities and their experience with the administrative citation process.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO REVIEW THE ADMINISTRATIVE
CITATION ORDINANCE AFTER THE 2010 LEGISLATIVE SESSION.
MOTION PASSED 4-1. Zerwas opposed.
Non-Resident Fee Discussion
Mr. Maertz presented the staff report. There was discussion on options of to go about
charging non-residents a higher fee for all recreation programs and fee based special events.
It was decided to bring this item to the Parks and Recreation Commission meeting for
discussion and comments. The item will be brought back next month to the council.
• 2010 Budget and Tax Levy Discussions
1) Resolution Authorizing the Proposed Property Tax Lew for Collection in 2010
City Council Minutes
September 8, 2009
Ms. Johnson presented the staff report.
Page 4
The net tax capacity (NTC) amount received from Sherburne County on September
3 indicated the NTC decreased 3.39 percent, with the final NTC to be determined
later.
Council discussed the four options outlined in the staff report, choosing option
four, which was the 2010 levy to fund proposed budget less August adjustments
with the 2010 total tax levy at $11,112,391 and a general fund tax revenue amount
of $9,688,950.
Council directed the City administrator come back with suggested general fund
budget adjustments in the amount of $141,420.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE RESOLUTION 09-45
AUTHORIZING THE PROPOSED PROPERTY TAX LEVY FOR
COLLECTION IN 2010. MOTION CARRIED 5-0.
2) Resolution Approving the Housing and Redevelopment Authority 2010 Tax
Lev
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 09-46
APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY
2010 TAX LEVY. MOTION CARRIED 5-0.
3) Resolution Approvingthe 2010 Tax Lew for Economic Development
Purposes for the Elk River Economic Development Authority
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 09-47
APPROVING THE 2010 TAX LEVY FOR ECONOMIC DEVELOPMENT
PURPOSES FOR THE ELK RIVER ECONOMIC DEVELOPMENT
AUTHORITY. MOTION CARRIED 5-0.
4) Motion Calling for Budget Meeting with Public Comment
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD TO SET THE BUDGET MEETING
WITH PUBLIC COMMENT FOR MONDAY, DECEMBER 7, 2009 AT
6:30 P.M. MOTION CARRIED 5-0.
10. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 8:05 p.m.
Minutes prepare~Jennif r Jo son.
c.//.~" ~--.,~
/ r
Tina Allard, Ciry Clerk
Step anie Klinzing, r
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