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05-16-2011 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, MAY I6, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Morin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Finance Director Tim Simon, Police Chief Brad Rolfe, Police Captain Bob Kluntz, Police Captain Ron Nierenhausen, Activity Center Coordinator Sue Kostanshek, Director of Economic Development Cathy Mehelich, Business and Marketing Development Assistant Annie Deckert, City Attorney Peter Beck, and City Clerk Tina Allard Also Present: Planning Commissioner Kevin Scott 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. r 2. Consider 5/16/2011 Agenda Mayor Dietz added Item 7.5 regarding meeting notice for Sportsman Club tour. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: • 3.1 MAY 2, 2011 COUNCIL MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. THE 193 AVENUE IMPROVEMENTS, FINAL PAY ESTIMATE AND TO START THE WARRANTY PERIOD AS OULINED IN THE STAFF REPORT. 3.4. EXECUTION OF A TRANSMISSION AND OWNERS SERVICES AND ASSET ASSIGNMENT WITH CENTRAL MINNESOTA MUNICIPAL POWER AGENCY AND ADOPT RESOLUTION 11-24 AUTHORIZING A TRANSMISSION OWNER SERVICES AND ASSET ASSIGNMENT AGREEMENT WITH CENTRAL MINNESOTA MUNICIPAL POWER AGENCY. 3.5. HIRE KRISTEN SANDHOEFNER AS POLICE DEPARTMENT SECRETARY/RECEPTIONIST BEGINNING JUNE 6, 2011 AT PAY GRADE 3, STEP A. City Council Minutes May 16, 2011 Page 2 3.6. RESOLUTION 11-25 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER. • 3.7. TRANSIENT MERCHANT LICENSE TO THERESA LENSING DBA SWEET T'S SMOOTHIE AND COFFEE HUT, LLC, FOR THE NORTHSTAR STATION,17150 TWIN LAKES ROAD ON FRIDAYS FROM 5:00 A.M. TO 9:00 A.M. WITH THE FOLLOWING CONDITIONS: 1. THE MERCHANDISE DISPLAYED SHALL NOT OCCUPY MORE THAN 100 SQUARE FEET [SECTION 38-414 (6)]. 2. APPLICANT MUST REMAIN ON THE ASPHALT SURFACE AND NO PRODUCT CAN BE DISPLAYED IN THE GRASSY AREAS. 3. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 4. THE AREA SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 5. NO OVERNIGHT STORAGE OF EQUIPMENT OR MERCHANDISE. MOTION CARRIED 5-0. 4. Otien Mike No one appeared for Open Mike. 5.1. Recognize Retirement of Karen Vernon Chief Rolfe provided a history of Ms. Vernon's service to the Police Department. Mayor Dietz read and presented a plaque to Ms. Vernon. • 5.2. Request by Elk River Independence Day Committee Jim Boyle, representing the Elk River Independence Day Committee -Updated the Council on this year's Independence Day celebration along with costs from last year's event. He requested the city's participation again this year with funds. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO EXPEND UP TO $5,000 TO THE ELK RIVER INDEPENDENCE DAY COMMITTEE TO COVER PROGRAM EXPENSES, INCLUDLING POLICE SERVICES. MOTION CARRIED 5-0. 5.3. Request by ArtSouv David Raymond, Chairman of the Arts Alliance -Updated the Council on the plans for the ArtSoup Festival and asked for sponsorship of $2,000 from the city. He stated they would not be bringing in food vendors but were looking to invite the local restaurants to participate in the event at no cost. John Stander -Highlighted the differences between this event and the 2009 event. Councilmember Motin expressed concern with. the organizers not charging food vendors for booth space and asking the city for these funds. • City Council Minutes May 16, 2011 Page 3 Mr. Raymond explained that they felt it would be beneficial to the city and local business to • support the local restaurants in a difficult economic time and to keep the competition local. Councilmember Westgaard questioned if the Arts Alliance was open to recieving in-kind services up to $2,000 or if they preferred cash. Ms. Johnson noted funds could come from Council Contingency. Councilmember Zerwas stated this request should probably go before the EDA due to the downtown local business focus. Mayor Dietz questioned what type of in-kind services the city could provide to reduce expenses. He stated it is important to support the local economy and businesses. Councilmember Motin concurred with Councilmember Zerwas in that the request may be more appropriate for the EDA to consider. Council consensus was that staff would meet to discuss in-kind contributions and that this item come back to the EDA and Ciry Council on June 13. 6.1. Elk River Pizza Ranch A. Consider Loan Agreement Ms. Mehelich presented the staff report. • MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE BUSINESS SUBSIDY PROVISION OF THE LOAN AGREEMENT OUTLINED IN THE STAFF REPORT FOR THE ELK RIVER PIZZA RANCH PROJECT. MOTION CARRIED 5-0. B. Request b~Robert McDonald for Site Plan Approval for Class I Restaurant. 19141 Freeport Street~Case No. SP 11-02. Public Hearin Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE SITE PLAN OF ELK RIVER PIZZA RANCH, AS ILLUSTRATED ON DRAWINGS DATED MAY 12, 2011, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY PLANNER MEMO DATED MAY 6, 2011 SHALL BE ADDRESSED. 2. AS THIS SITE PLAN APPROVAL IS NOT A BUILDING PERMIT, THE APPLICANT SHALL ACQUIRE ALL REQUIRED PERMITS. 3. ALL APPLICABLE FIRE CODES SHALL BE ADDRESSED. • 4. ALL SIGNAGE SHALL BE CONSISTENT WITH THE PLANNED UNIT DEVELOPMENT AGREEMENT. City Council Minutes May 16, 2011 Page 4 5. SAC/ WAC FEES MAY INCREASE, BASED ON THE REVIEW OF THE FINAL FLOOR PLAN. SUCH INCREASES, IF ANY, MUST BE PAID AT • THE TIME OF BUILDING PERMIT. 6. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS, INCLUDING LANDSCAPING SHALL BE PROVIDED PRIOR TO THE RELEASING OF THE BUILDING PERMIT. MOTION CARRIED 5-0. 6.2. Request by Eagles Lodge for Citv Assistance to Abate Nuisance at PID 75-405-0940 Mr. Barnhart presented the staff report noting that a petition was received by the Eagles. He discussed the process and timeline. It was consensus of the Council to begin the process to abate the nuisances by demolition at 75-405-0940 and to assess the cost to the property owner. 6.3. Consider Sewer Access Charge and Water Access Charge Payment Program Ms. Mehelich presented the staff report. It was noted this payment program would only be available for full-service restaurants. Councilmember Motin questioned if a future property owner would be responsible for the fees if the property was sold. Attorney Beck stated yes but noted it would be more difficult if the property owner is • different than the business owner. He stated the city would require cooperation of the property owner to assess any unpaid amount to his property. Otherwise the city would not want to enter into the payment program. Mayor Dietz questioned if the Council wanted to see each request. Council consensus was no. Mr. Simon noted there will be a review process in place and a subcommittee would make the decision. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE PAYMENT PROGRAM FOR CITY SEWER ACCESS CHARGES AND ELK RIVER MUNICIPAL WATER ACCESS CHARGES FOR FULL SERVICE RESTAURANTS. MOTION CARRIED 5-0. 7.1. Wapiti Park Campground, Inc. A. Resolution Regarding Consumption and Display Permit Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY • COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-26 City Council Minutes May 16, 2011 Page 5 REGARDING THE CONSUMPTION AND DISPLAY PERMIT FOR WAPITI • PARK CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND. MOTION CARRIED 5-0. B. Direction on Liquor Renewals Ms. Allard presented the staff report. Attorney Beck stated the conditional use permit revocation may be on the same agenda. Council consensus was to schedule the hearing for June 20, 2011. 7.2. Activit~Center 501c3 Status Update Ms. Kostanshek presented the staff report. 7.3. Public Works Fleet Maintenance Project A. Construction Manager At-Risk Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE CONTRACT WITH RJM CONSTRUCTION AS CONSTRUCTION MANAGER AT RISK, PENDING CITY ATTORNEY REVIEW OF THE CONTRACT. MOTION CARRIED 5-0. Council asked staff to pass on a thank you to John Mentor for his assistance in this process. B. Aporov~1 of Quotes Received for the Hiring of a Commissioning Firm Mr. Simon presented Mr. Femrite's staff report. Mr. Simon explained in detail what commissioning involves. Council questioned if the city would receive any reports. Mr. Simon noted there would be a log and a final report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE QUOTE BY INSTITUTE FOR ENVIRONMENTAL SERVICES, INC. IN THE AMOUNT OF $19,000 FOR PROFFESSIONAL COMMISSIONING SERVICES. MOTION CARRIED 5-0. 7.4. Compost Site Fee Update Mr. Hals presented the staff report. There was discussion on enforcement and monitoring. • City Council Minutes May 16, 2011 Page 6 7.5. Notice of Sportsman Club Meeting Mayor Dietz noted there may be three Councilmembers attendin the S ortsman Club tour • g P and requested staff to notice this meeting. Mayor Dietz recessed the meeting at 7:50 p.m. in order for Council to move to worksession. The Council reconvened at 8:00 p.m. Mayor Dietz questioned if the Volunteer of the Month information was on the website yet. Ms. Allard noted she would check into it. 8.1. 2011 Vision, Action Steps. and Tasks Mr. Barnhart presented the staff report. He asked Council to adopt the 2011 goals, identify any priorities they have and to own them once adopted. Councilmember Motin questioned how departments not listed on the 2011 goals would be involved in the process. Mr. Barnhart explained that even though the Parks Department is not listed as a lead on a goal, they would still be involved with the process and he further explained how what they do would relate to the beautification goals. Councilmember Zerwas noted the theme that jumps out as a priority consistently is communication. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY • COUNCILMEMBER WESTGAARD TO ADOPT THE TASKS ASSOCIATED WITH COMPLETING THE 2011 GOALS. MOTION CARRIED 5-0. Councilmember Westgaard stated this should become a culture for the city but noted that sometimes priorities change and that staff shouldn't get discouraged when Council and staff may not always agree on the same priorities. He stated it is beneficial for staff and Council to maintain open communication. 8.2. Authorize Staff to Enter into a Contract with Chandlerthinks to Execute 2011 Scientific Survey as Described. Mr. Barnhart presented the staff report. He recommends the funds come from Council Contingenry. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO HAVE CHANDLERTHINKS COMPLETE A COMMUNITY SURVEY IN AN AMOUNT NOT TO EXCEED $4,000. MOTION CARRIED 5-0. 8.4. Sidewalk Plowing Policy Mr. Barnhart presented the staff report. Mayor Dietz suggested making the door hangars a bright color. • City Council Minutes May 16, 2011 Page 7 Mayor Dietz stated he still has issues with the sidewalks that abut to the curb and. felt it • wasn't fair to those property owners when the snowplows are dumping on the sidewalk. Councilmember Westgaard expressed concern with the timeline and those property owners who may take a vacation only to come back to violation notices. Mayor Dietz stated it was important to have a way to notify residents and let them know they are expected to keep their sidewalks clean. Mr. Barnhart stated they could do a door hanger notice in October and also put some information on the website and through social media tools. He stated staff could come back with a cost estimate for the door hangers or identify other possible less expensive options for a direct notification. Council was amendable to this suggestion. It was the consensus of the Council to approve the changes outlined in the staff report. 8.3. Financial Model Mr. Simon presented the financial model and reviewed the 2010 General Fund-fund balance classifications and amounts. He noted this is an important tool for long-range planning and decisions. The model is updated and will include the 2012 preliminary budget when available. • 8.5. 2012 Budget Goals and Timeline Council consensus was to accept the budget timeline outlined in the memo. 8.6. Discussion on Economic Development Director Position Councilmember Zerwas stated he would like to offer the open position to Annie Deckert. Councilmember Gumphrey concurred. Councilmember Westgaard stated he is not opposed to this but questioned if she is qualified as he hasn't seen her qualifications. Mayor Dietz stated he wasn't ready to vote on this tonight as he would like to know Ms. Deckert's qualification and have a chance to interview her. Councilmember Motin stated he has spent quite a bit of time with her and is okay with offering the position. He questioned if the position description should be changed to manager versus a director as they have discussed in the past. Mayor Dietz questioned what to do with Ms. Deckert's current position and whether it should be changed back to Economic Development Assistant at a lower pay scale. Councilmember Gumphrey suggested letting Ms. Deckert make the evaluation and to come back to Council with a recommendation. City Council Minutes May 16,2011 Page 8 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY • COUNCILMEMBER ZERWAS TO DIRECT THE CITY ADMINISTRATOR TO OFFER ANNIE DECKERT THE ECONOMIC DEVELOPMENT DIRECTOR POSITION AND TO COME BACK WITH A PAY SCALE RECOMMENDATION. MOTION CARRIED 5-0. 9. Other Business There was no Other Business. 10. Council Updates Council/Sta~'Belationr Policy Councilmember Motin stated he would be meeting with staff on this and it will probably be about a month before Council sees it. Field Policy Councilmember Motin stated he would like to see the Field Use Polity come before the City Council. He expressed concerns with associations having priority of fields over the city. Mayor Dietz provided an update and noted the Commission spent four months reviewing the Polity. This item will come back to Council at a future meeting. 11. Staff Updates There were no staff updates. 12. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9~.m. ~. ,~, Tina Allard, City Clerk Joh ' tz, ayor