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3.1. DRAFT MINUTES 02-22-2011 MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 7, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Westgaard, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Chief of Police Brad Rolfe, Assistant Street Superintendent Mark Thompson, Human Resources Representative Lauren Wipper, Finance Director Tim Simon, Parks Supervisor Rodney Schreifels, and Executive Secretary/Deputy City Clerk Jessica Miller 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 Dietz. 2. Consider 02/07/2011 Agenda Councilmember Moon requested that discussion on staffs ability to talk with the Council be added as item 8.2. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES • JANUARY 18 REGULAR ^ JANUARY 18 CLOSED 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT 3.3. SOLICITOR LICENSE TO IREEN MORALES, EDWARD JONES INVESTMENTS VALID UNTIL DECEMBER 31, 2011. 3.4. SPECIAL EVENT PERMITS: A. BROADWAY BAR AND PIZZA FOR A CAR SHOW ON MAY 22, 2011 WITH THE FOLLOWING CONDITIONS: 1. ON-STREET PARKING TO BE USED FOR CUSTOMERS ONLY. ALL DISPLAY VEHICLES MUST BE CONFINED TO BROADWAY BAR AND PIZZA PROPERTY. 2. 167TH AVENUE TO REMAIN OPEN TOTWO-WAY TRAFFIC. City Council Minutes February 7, 2011 Page 2 3. LIQUOR IS ONLY PERMITTED INSIDE THE BUILDING AND ON PATIO, AND IS TO BE STRICTLY ENFORCED BY BAR STAFF. 4. EXTERIOR SOUND SYSTEMS/MUSIC MUST COMPLY WITH CITY NOISE ORDINANCE. 5. APPLICANT MUST NOTIFY AREA RESIDENTS OF EVENT AND ANTICIPATED INCREASE IN STREET PARKING. 6. PRIOR TO DISPLAY, ALL TEMPORARY SIGNAGE SHALL RECEIVE THE APPROPRIATE PERMIT. 7. APPLICANT MUST CONTACT FIRE MARSHAL CLIFF ANDERSON AT 763.635.1110 DURING EVENT SET UP FOR AWALK-THRU INSPECTION OF THE PROPERTY TO INSURE PROPER ACCESSIBILITY TO THE BUILDINGS AND ADJACENT PROPERTIES IS MAINTAINED DURING THE EVENT. 8. APPLICANT MUST PROVIDE PORTABLE TOILET FACILITIES AS OUTLINED IN APPLICATION. 9. CERTIFICATE OF INSURANCE IN THE AMOUNT OF AT LEAST $1,000,000 NAMING THE CITY, ITS OFFICIALS, EMPLOYEES, AGENTS, AS ADDITIONAL INSURED MUST BE RECEIVED PRIOR TO EVENT. B. ZYLSTRA HARLEY DAVIDSON FOR VARIOUS EVENTS IN 2011 AS OUTLINED IN EXHBIT A WITH THE FOLLOWING CONDITIONS: 1. INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE PRIOR TO EACH OUTSIDE EVENT WHEN THERE IS A TENT. APPLICANT MUST CONTACT FIRE MARSHAL CLIFF ANDERSON AT 763.635.1110 FOR AN INSPECTION AFTER THE TENT HAS BEEN SET UP. 2. EVENT PARLKING MAY NOT OBSTRUCT PUBLIC ROADWAYS OR RENDER THEM UNSAFE FOR VEHICLE OR PEDESTRIAN TRAFFIC. 3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 5. THE TENT SHALL BE REMOVED WITHIN ONE DAY OF THE EVENT AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 6. ALL TEMPORARY SIGNS SHALL RECEIVE A PERMIT PRIOR TO DISPLAY. 3.5. CALL SPECIAL MEETING FOR TUESDAY, FEBRUARY 22, 2011, AT 5:30 P.M. MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. City Council Minutes February 7, 2011 5.1. City Prosecutor/County Attorney Update Page 3 County Attorney Kathleen Heaney and City Prosecutor Scott Baumgartner were present to review Elk River statistics as presented in the staff report. 5.2. Proclamation: Congenital Heart Defect Awareness Week Mayor Dietz read the proclamation. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO PROCLAIM FEBRUARY 7 -14, 2011 AS CONGENITAL HEART DEFECTS AWARENESS WEEK IN ELK RIVER. MOTION CARRIED 5-0. 5.3. 2011 Park Fleet Replacements Mr. Simon presented the staff report. It was noted that since the purchase amount exceeds the budgeted amount, the difference will be made up on the remaining 2011 park equipment purchases. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED MY COUNCILMEMBER MOTIN TO APPROVE THE REPLACEMENT OF A 2006 TORO 580 GROUNDSMASTER AND A 2001 JACOBSEN 5111 MOWER WITH A 2011 TORO 4010 AND 2011 TORO 580 AT A COST OF $140,542.73 NET OF TRADE INS. MOTION CARRIED 5-0. 5.4. Lead Street Maintenance Assignment Mr. Thompson presented the staff report. He noted that all street maintenance I employees will be given the opportunity to serve as lead. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE IMPLEMENTATION OF A LEAD STREET MAINTENANCE ASSIGNMENT TO BE PAID AN ADDITIONAL $1.00 PER HOUR WHILE ASSIGNED THE LEAD RESPONSIBILITY. MOTION CARRIED 5-0. The City Council adjourned to Upper Town Conference Room at 6:53 p.m. for a worksession. The meeting reconvened at 6:58 p.m. 6.1. Board and Commission Interviews The City Council interviewed board and commission applicants in attendance. The Council completed all of the interviews prior to making appointments. Energy City Commission The Council interviewed new Energy City Commission applicant Ryan Setterhohn. City Council Minutes February 7, 2011 Page 4 MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO MAKE THE FOLLOWING APPOINTMENTS/REAPPOINTMENTS TOTHE ENERGY CITY COMMISSION FOR THREE-YEAR TERMS TO EXPIRE FEBRUARY 28, 2014: ohn Setala Ener -related business re resentative R an Setterholm Ener -related business re resentative Ron Touchette EDA re resentative MOTION CARRIED 5-0. Heritage Preservation Commission The Council interviewed Heritage Preservation Commission applicants R. Michael Brubaker, Lance Lindberg, and Debra Mortensen. It was noted that there are attendance issues with a couple of the current HPC members. The Council discussed their desire to have members on the commissions who are active and are able to regularly attend the meetings. The Council directed Ms. Haug to contact the members with attendance issues and see if they wish to remain on the commission. They also asked staff to research and bring back ideas on how to more formally track attendance. The Council discussed increasing the size of the commission but it was noted that the commission was recently decreased from seven to five members because of the difficulty in maintaining a quorum and in getting applicants to fill vacant positions. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO REAPPOINT LANCE LINDBERG AND DEBRA MORTENSEN TO THE HERITAGE PRESERVATION COMMISSION FOR THREE-YEAR TERMS TO EXPIRE FEBRUARY 28, 2014. MOTION CARRIED 5-0. The Council expressed an interest in having Mr. Brubaker continue to attend the HPC meetings and asked staff to convey that in the letter to Mr. Brubaker. Parks and Recreation Commission There were no applicants for the Parks and Recreation Commission in attendance. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO REAPPOINT MICHAEL NIZIOLEK AND JAMES NYSTROM TO THE PARKS AND RECREATION COMMISSION FOR THREE-YEAR TERMS TO EXPIRE FEBRUARY 28, 2014. MOTION CARRIED 5-0. Ice Arena Commission The Council interviewed Ice Arena Commission applicant Dale Martin. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCIMEMBER MOTIN TO REAPPOINT DAVE FOSS (ELK RIVER YOUTH HOCKEY REPRESENTATIVE), DALE MARTIN (AT-LARGE REPRESENTATIVE), AND MICHAEL NIZIOLEK (PARKS AND RECREATION COMMISSION REPRESENTATIVE) TO THE ICE ARENA City Council Minutes February 7, 2011 Page 5 COMMISSION FOR THREE-YEAR TERMS TO EXPIRE FEBRUARY 28, 2014. MOTION CARRIED 5-0. Planning Commission The Council interviewed Planning Commission applicants Dana Anderson and Chad Westberg. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO REAPPOINT DANA ANDERSON AND CHAD WESTBERG TO THE PLANNING COMMISSION FOR THREE-YEAR TERMS TO EXPIRE FEBRUARY 28, 2014. MOTION CARRIED 5-0. Utilities Commission It was noted that Kathrynn Renner withdrew her application for Utilities Commission. The Council interviewed Utilities Commission applicants Allan Nadeau and James Tralle. Discussion took place on the importance of having a Utilities Commissioner that is on city water and sewer. Councilmember Motin indicated Mr. Tralle is very knowledgeable about the commission and he would hate to give that up. MOVED BY MAYOR DIETZ AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPOINT ALLAN NADEAU TO THE UTILITIES COMMISSION FOR ATHREE-YEAR TERM TO EXPIRE FEBRUARY 28, 2014. MOTION CARRIED 4-1. Councilmember Motin opposed. Librar~Board The Council interviewed Library Board applicants Mary Eberley, Willie Jackson, and Nicole Novotny. The Council discussed having three very good candidates for the position. Discussion took place on a member that is not in regular attendance at the meetings. Discussion also took place on possibly increasing the Board. Councilmember Zerwas noted that he would like to work with the existing board member to see if he is still interested in serving on the Board first. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPOINT WILLIE JACKSON TO THE LIBRARY BOARD TO FULFILL THE UNEXPIRED TERM OF JOHN DIETZ UNTIL DECEMBER 31, 2012. MOTION CARRIED 5-0. 5.5. Discuss Council Worksession Agendas Ms. Johnson reviewed her staff report. The Council asked that time limits be set on the items for February 14. Mayor Dietz asked that an item regarding employees' right to political endorsements be added to the March worksession. Councilmember Gumphrey noted he will be gone March 7. City Council Minutes Page 6 February 7, 2011 6.2. Consider Changing Non-Mayor Appointment Term Expirations Mayor Dietz questioned if the Council is interested in changing the non-Mayoral appointment term expirations from the last day of February to the last day of December. Council consensus was to leave the term expirations as is. 6.3. Review Sidewalk Snowplowing Ordinance Mr. Barnhart presented the staff report. Discussion took place regarding the current policy on sidewalk plowing. Mr. Barnhart stated that it would be challenging to change the sidewalk snowplowing ordinance at this point in the year and is not recommended. Larry Farber, 19404 Norfolk Street NW -stated that he lives in the Highland neighborhood. He explained that the sidewalks in his neighborhood have never been plowed and expressed concern over receiving a certified letter so far into the snow season. He stated that a plowed walking trail exists on the other side of the road and one cleared side should be sufficient. He also asked that the city address lots with no area for snow storage between the sidewalk and the road. Council consensus was to discuss amending the sidewalk snowplowing polity in May. Suggested changes include the schedule on which letters are sent out. It was suggested that staff send the first letter regular mail with a seven day deadline and if no compliance, send the next letter via certified mail with an additional seven days to comply. Another suggestion was to discuss a better way to notify residents of the sidewalk snowplowing requirements (newsletter, postcard, etc.) MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO GIVE PROPERTY OWNER'S ON HIGHLAND ROAD, AND IN SIMILAR SITUATIONS WHERE ONE SIDE OF THE ROAD IS PLOWED, 45 DAYS TO REMOVE SNOW FROM SIDEWALKS AND TO REVIEW THE SNOW REMOVAL POLICY IN MAY. MOTION CARRIED 5-0. 7. Other Business Mayor Dietz explained that the city recently passed an ordinance that prohibits commercial buildings from putting in private wells. He stated that the well drillers have approached the Legislature asking them to overturn similar city ordinances. Council consensus was to approve Mayor Dietz's request to lobby at the Legislative level on behalf of the city. 8. Council Updates 8.1. Employee Meetings Update -Mayor Dietz Mayor Dietz indicated he has met with several city employees and department heads over the past few weeks. He reviewed some of the items that were discussed including employee promotions, pay, compensatory time, and furloughs. The Council asked that compensatory time, in particular as it relates to the street department, be discussed at a future meeting. Mayor Dietz provided an update on his monthly meeting at the American Legion. City Council Minutes February 7, 2011 8.2. Staff Interaction with Council Page 7 Councilmember Motin mentioned communication between the City Council and staff and asked that this item be reviewed for inclusion in polity. 9. Staff Updates There was no other business. Mayor Dietz announced that the City Council will be holding a closed meeting per MN Statute 13D.05 to discuss the city's possible purchase of parcels 75-404-0160, 75-405-0540, 75-405-0545, and 75-405-0550. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:25 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk John J. Dietz, Mayor CLOSED SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 7, 201 1 Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and Moon Members Absent: None Staff Present: City Administrator Lori Johnson 1. Call Meeting To Order Pursuant to due call and notice thereof, the closed meeting of the Elk River City Council was called to order at 9:25 p.m. by Mayor Dietz. 2. Closed Session - Possible Purchase Parcels: 75-404-0160 75-405-0540 75-405-0545 and 75-405-0550 The purpose of the closed meeting was to discuss the possible purchase of parcels 75-404- 0160, 75-405-0540, 75-405-0545, and 75-405-0550 pursuant to MN Statute 13D.05, subd. 3(c). 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 9:40 p.m. Tina Allard, City Clerk John J. Dietz, Mayor