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4.1. DRAFT MINUTES 010912d W x~ ~~ MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, JANUARY 9, 2012 Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and Zerwas Members Absent: None Staff Present: City Administrator Cal Portner, Finance Director Tim Simon, Fire Chief John Cunningham, City Engineer Justin Femrite, Parks and Recreation Director Michael Hecker, IT Manager Bob Pearson, City Attorney Peter Beck, Street Superintendent Phil Hals, Assistant Street Superintendent Mark Thompson, Human Resources Representative Lauren Wipper, Park Maintenance Supervisor Rodney Schreifels, Police Captain Ron Nierenhausen, and City Clerk Tina Allard 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. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. DECEMBER 19, 2011 REGULAR AND CLOSED MINUTES. 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3 RESOLUTION 12-01 DESIGNATING DEPOSITORIES OF CITY FUNDS. 4.4 DESIGNATE THE STAR NEWS AS THE CITY'S OFFICIAL NEWSPAPER FOR LEGAL PUBLICATION. 4.5 APPOINT MAYOR JOHN DIETZ, FINANCE DIRECTOR TIM SIMON, AND FIRE CHIEF JOHN CUNNINGHAM TO THE FIRE RELIEF BOARD TO JANUARY 7, 2013. 4.G RESOLUTION 12-02 AUTHORIZING USE OF A SAFE DEFOSIT BOX. 4.7 MASSAGE THERAPIST LICENSE TO JULA NELSON AT JOHN JOSEPH SALON VALID TO DECEMBER 31, 2012. City Council Minutes January 9, 2012 Page 2 4.8 PURCHASE TWO CHEVORLET TAHOES WITH POLICE PACKAGE IN THE AMOUNT OF $25,761.95, ONE CHEVROLET TAHOE WITH A STREET APPEARANCE PACKAGE IN THE AMOUNT OF $25,370.05, AND TWO CHEVROLET IMPALAS IN THE AMOUNT OF $18,150.46 WITH AUTHORIZATION TO SET UP AND EQUIP THE VEHICLES FROM BUDGETED FUNDS IN THE EQUIPMENT REPLACEMENT FUND. 4.9 RESOLUTION 12-03 APPROVING THE 2012 MAINTENANCE AGREEMENT BETWEEN THE CITY OF ELK RIVER AND WRIGHT COUNTY FOR ROUTINE MAINTENANCE ON THE PARRISH AVENUE BRIDGE. 4.10 ONSALE AND SUNDAY LIQUOR LICENSES FOR EXPRESSOS AND SMOOTHIES, LLC DBA EL AMIGOES VALID TO JUNE 30, 2012 CONTINGENT UPON RECEPT OF A FOOD ESTABLISHMENT LICENSE. MOTION CARRIED 5-0. 5. Open Forum Florence Schuldt, 17155 Quincy Street -Stated there were many vehicle spin outs during the last snow storm and she requested Twin Lakes Road to be salted more. She also questioned who owned the clock tower in the Elk River Station development because it doesn't work. Mayor Dietz noted the last snow was unusual due to a rain/sleet undercoating. It was noted the city didn't own the clock tower. 6.1 Presentation and Approval of the Advertisement of Bids for the Public Works Facility-Bid Package 2 Mr. Simon presented the staff report. Pam Anderson, 292 Design Group -Presented the overall floor plan, building elevations, and interior/exterior finishes for the Public Works Facility. Brian Recker, RJM Construction -Discussed the project schedule and budget. Councilmember Westgaard noted if the budget comes in favorable there were several alternate items identified that could be added into the project. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE ADVERTISEMENT FOR BIDS FOR THE PUBLIC WORKS FACILITY -BID PACKAGE 2. MOTION CARRIED 5-0. 6.2 Review of Costs Associated with Private Utilit~Service Line Repairs Mr. Femrite presented the staff report and questioned Council as to whether they want to have the city abatement process be available as a financing tool for private utility service line repairs. He further questioned to what level the financing tool should be allowed. He noted City Council Minutes January 9, 2012 Page 3 the Elk River Municipal Utilities would evaluate water repairs and send requests to their Board. Attorney Beck.stated there has been some case law in the last few years which has opened the door to allow the city to put these type of costs through the abatement process. He stated this financing tool could be used for emergencies only or it could be allowed for those homeowners who are supposed to be hooked up to the sewer system (per city ordinance) but haven't done it yet. He further stated this is a policy decision the Council should discuss and staff is looking for guidelines from the Council. He stated one example of a requirement could be setting an estimated cost limit on the repair. Councilmember Motin questioned how staff would be able to distinguish which repairs are considered emergencies because it could be considered a health issue anytime there is a loss of sewer/water. Mayor Dietz preferred only allowing this financing tool to be used for emergency situations. Councilmember Westgaard concurred but further questioned what would constitute an emergenry. Councilmember Gumphrey liked the financing tool but questioned other situations such as new hookups or cluster developments with common septic systems that may have issues and want to hookup. Attorney Beck stated the cluster development type requests could be considered under the Minnesota Statute 429 Process and wouldn't follow under this financing tool. Councilmember Motin questioned what the exposure would be to the city if two requests came up and only one was granted. Attorney Beck stated staff's goal would be to have and apply guidelines uniformly but all requests would come to Council for consideration. He stated the Council could consider various factors in making their decision to finance these projects on an individual basis noting one such example may be the economic situation of the city as a whole at the time of the request. Mayor Dietz and Councilmember Motin stated they were not in favor of allowing existing homeowners, who are required to be on the city system, this financing option but may be open to review it. Councilmember Motin questioned what the priority of the assessment would be as compared to mortgages because some homes may be underwater with their mortgages and the values may be less than what is owed on them. Attorney Beck stated they could require the property owner to the get consent and subordination of their lenders but it would add a complication to the process. Mr. Femrite suggested setting a minimum and maximum cost to lessen the liability. Councilmember Motin suggested setting a cap without the subordination. City Council Minutes Page 4 January 9, 2012 Attorney Beck will research how the city would fair with the mortgage company in this scenario. A Council majority was in favor of this financing tool and for staff to come back with some suggested parameters incorporating minimums/maximums, definition of an emergency. etc. Councilmember Zerwas stated he would be okay with allowing for picking up some of the ordinance required hookups. Mayor Dietz asked for a list of the number of people are supposed to be on city sewer that are not currently on it. 6.3 Fire Service Task Force Chief Cunningham presented the staff report. Council had the following comments regarding the task force: ^ Have outside fire chief be someone with experience in this process ^ Concern for the direction the task force may take. They asked for an update memo to be provided to Council after each meeting. ^ Concern that too many stakeholders are listed to be on the task force which could make it difficult to agree on a vision and direction. Stakeholder list should be reduced. It was consensus that Mayor Dietz and Councilmember Gumphrey would be stakeholder members. Staff to come back with a list of stakeholders for Council consideration. 6.4 Sidewalk and Trail Snow Removal Mr. Hecker and Mr. Schreifels presented the staff report. Mayor Dietz stated he asked for this item to be on the agenda because he felt that staff should only be plowing sidewalks/trails during business hours and questioned if the Council wanted to spend overtime hours for this type of service. Staff discussed past practice, city ordinance, and the sleet that occurred prior to changing to snow. Mr. Schreifels discussed the extra time, fuel, and salt, it would've taken to remove the snow if they had waited to plow. There was discussion on the difficulty there is in the city meeting the 24 hour notice requirement in city ordinance for residents and businesses. It was noted this would be difficult for the city to follow due to the number of trails and the amount of staffing and equipment available. Council suggested outlining a policy that would be similar to the street snowplow policy. Staff suggested a policy that had a different degree of requirements than the 24 hour ordinance requirement and further expressed concern with the liability exposure in trying to meet this requirement. City Council Minutes January 9, 2012 Page 5 Attorney Beck noted that the city would be opening themselves up to a liability exposure once a policy is set. Council majority stated they were in favor with how the parks maintenance staff handles the process and no action was taken to make any changes at this time. 6.5 Public Works Staffing Discussion Mr. Fortner presented the staff report. Mayor Dietz questioned Mr. Thompson's responsibility and pay. Mr. Fortner referred to the March 8, 2011, staff report that outlines the transition of duties timeline. Councilmember Gumphrey expressed concern with giving Mr. Thompson Interim Street Superintendent wages when the Street Superintendent is still employed part time. Councilmember Motin suggested doing aphased-in pay adjustment to match the phased-in retirement transition. Mayor Dietz concurred and felt one person should be in charge all the time. Counciltnember Gumphrey concurred. The Council asked the city administrator to put together the total financial cost impact and his recommendation for the organizational structure for the public works department. 6.6 Discussion Regarding Use of iPads Chief Cunningham did a demo of the iPad and Mr. Pearson discussed costs for purchase of the iPads, accessories, and training. Joe Sarnick, Elk River School District -Spoke on the experience the school district had with iPad implementation. Councilmember Motin and Westgaard preferred the 3G option as they are not always in Wi- Fi coverage areas. Council consensus was to move forward with iPad implementation. Staff to come back with a usage policy and to review who at staff level would need one similar to the cell/smartphone policy. 6.7 Apboint Actinso-Mayor MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT COUNCILMEMBER MOTIN AS ACTING MAYOR FOR 2012. MOTION CARRIED 5-0. 6.8 Council Open Forum Lighting Contest City Council Minutes January 9, 2012 Page 6 Mayor Dietz questioned interest in implementing a Christmas lighting contest next year for community goodwill Council majority was not interested in the contest and expressed the following reasons: ^ Separation of church and state ^ Waste of electricity ^ Staff time needed for the project Yellow Kibbon Campaign Mayor Dietz discussed the program. Councilmember Zerwas stated there was good turnout for the kickoff and the program was moving and impressive. Mr. Nierenhausen stated this program is worthwhile and within one year Elk River should have a good program in place. Announcements Downtown Task Force Mr. Fortner noted that Ron Touchette has declined to serve on the task force but that Pat Dwyer expressed interest in serving. Council consensus was to add this to the next agenda for formal consideration. 8. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:14 p.m. John J. Dietz, Mayor Tina Allard, City Clerk ~' t~ @ y rL[ '~`.A~ ~ s ::Vtl MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JANUARY 17, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, and Gumphrey Members Absent: Councilmember Westgaard Staff Present: City Administrator Calvin Portner, Environmental Administrator Rebecca Haug, Director of Economic Development Annie Deckert, Finance Director Tim Simon, City Attorney Peter Beck, and City Clerk Tina Allard 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Considerl/17/2012Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2 PAY ESTIMATE NUMBER 4 FOR THE PUBLIC WORKS PROJECT AS OUTLINED IN THE STAFF REPORT. 4.3 COMMERCIAL KENNEL LICENSE TO HALEY JO VIGSTIL DBA/ RINTIN INN KENNELS, LLC VALID THROUGH DECEMBER 31, 2012. 4.4 REQUEST FOR PROPOSAL FOR ENGINEERING SERVICES ON THE 171sT AVENUE AREA PHASE I IMPROVEMENTS AND AUTHORIZATION TO ADVERTIZE THE PROPOSAL. 4.5 EQUIPMENT LEASE AGREEMENT WITH EAST SIDE OIL COMPANY FOR NEW OIL COLLECTION STATION TO BE LOCATED AT THE COMPOST SITE AND AUTHORIZE CITY ADMINISTRATOR PORTNER TO EXECUTE THE AGREEMENT. 4.6 PURCHASE OF A 2012 ROKON TRAIL BREAKER WITH ACCESSORIES AND ATTACHMMENTS IN THE AMOUNT OF $9,530.36. MOTION CARRIED 4-0. Ciry Council Minutes Page 2 January 17, 2012 5. Olen Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month-Mayor Dietz This item was delayed to the February 6, 2012, Council meeting as the volunteer was out of town. 7.1 Request by Great River Energy to Amend Conditional Use Permit and License, Case No. CU 11-20 Attorney Beck provided a history of the RDF plant. He noted that the conditional use permit has been streamlined so that the operational items are not in it and that the conditional use permit will be permanent as is now required in state law. Mr. Beck stated at the time the original RDF plant was developed, Anoka County and NSP entered into an agreement with the city to make a payment in lieu of taxes. He stated this was a fixed amount that increased based on the cost of living index. He noted the economics of this type of business over the years have changed and staff is now recommending a volume-based payment. He further noted it is very unusual to have this type of fee with a conditional use permit but the reason it is included in this is because of the history of this facility and because of GRE's agreement to voluntarily make a payment of this annual fee. Ms. Haug presented the staff report. She stated the license would run on a 3-year cycle and that staff and the Planning Commission recommend approval of the request. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A SOLID WASTE FACILITY LICENSE FOR CASE NO. CU 11-20. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A CONDITIONAL USE PERMIT TO GREAT RIVER ENERGY, CASE NO. CU 11-20. MOTION CARRIED 4-0. 7.2 Close Out the 2007 Minnesota Investment Fund MNDEED Grant for Sportech, Inc. Expansion Project Ms. Deckert presented the staff report. Chris Carlson, President and Owner of Sportech, Inc. -Stated his business is continuing to grow and that it is great to do business in Elk River. Mayor Dietz thanked Mr. Carlson and noted how much the city appreciates everything he has been doing in the community. City Council Minutes January 17, 2012 Page 3 Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. No other action was required for this item. 7.3 Capital Improvement Plan and Preliminar~Apnroval to the Issuance of Capital Improvement Bonds Mr. Simon 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 MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 12-04 APPROVING CAPITAL IMPROVEMENT PLAN AND GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS. MOTION CARRIED 4-0. 8.1 Authorize Andrew Elxnquist to Restore a Retention Pond for his Eagle Scout Project Ms. Haug presented the staff report. Mr. Elmquist gave a PowerPoint presentation that outlined how he would accomplish a retention pond reclamation. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE ANDREW ELMQUIST TO RESTORE THE RETENTION POND AT THE INTERSECTION OF JOPLIN ROAD AND BUSINESS CENTER DRIVE FOR HIS EAGLE SCOUT PROJECT. MOTION CARRIED 4-0. Council asked Mr. Elmquist to report back on his project and noted that he gave a great presentation. 8.2 Resolution Providing for the Sale of G.O. Improvement Refundin,~ Bonds, Series 2012B to Refund Existing G.O. Bonds, Series 2007C for Interest Cost Savings Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 12-05 PROVIDING FOR THE SALE OF $1,515,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2012B. MOTION CARRIED 4-0. 8.3 Request to Apply for a Grant to Purchase Big Belly Solar Garbage and Recycling Containers Ms. Haug presented the staff report. Council questioned if there were other opportunities to purchase these containers if the city doesn't get this grant. City Council Minutes Page 4 January 17, 2012 Ms. Haug outlined other grant opportunities that may be available. Council questioned what the ongoing costs would be to the city after 5 years. Ms. Haug stated there are a lot of different options for financing the containers. She noted the City of Duluth leases their containers but she foresees Elk River purchasing them. She stated the software costs would be unknown due to technology changes. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE CITY APPLYING FOR A GRANT TO PURCHASE BIG BELLY SOLAR GARBAGE AND RECYCLING CONTAINERS. MOTION CARRIED 4-0. 8.4 Street Maintenance Division Mr. Fortner presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE AN INTERIM PAY ADJUSTMENT FOR THE STREET SUPERINTENDENT ASSIGNMENT. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE STREET PROJECTS SPECIALIST POSITION DESCRIPTION AND MR. HALS FILLING SAID POSITION. Mayor Dietz suggested having a deadline on the streets projects position. Mr. Fortner suggested amending the motion to state it is valid until Mr. Hals retirement. The maker and seconder of the motion were amendable changing the motion by adding that the position was in place until Mr. Hals retired. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE AND ELIMINATE THE ASSISTANT STREET SUPERINTENDENT POSITION. MOTION CARRIED 4-0. 8.5 Appoint Two Councilmembers to the Administrative Hearing Board MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY MAYOR DIETZ TO RE-APPOINT COUNCILMEMBER GUMPHREY AND MOTIN TO THE ADMINISTRATIVE HEARING BOARD THROUGH DECEMBER 31, 2012. MOTION CARRIED 4-0. 8.6 Incorporate Liquor Legislation Changes into City Code 1. Ordinance Amendine Various Sections of Chapter 6 Regulating Alcoholic Bever~~-es 2. Ordinance Amending the 2012 Master Fee Schedule City CouncIl Minutes January 17, 2012 Ms. Allard presented the staff report. Page 5 MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 12-01 AMENDING VARIOUS SECTIONS OF CHAPTER 6 REGULATING ALCOHOLIC BEVERAGES OF THE ELK RIVER, MINNESOTA, CITY CODE. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 12-02 AMENDING THE 2012 MASTER FEE SCHEDULE OF THE ELK RIVER,. MINNESOTA, CITY CODE. MOTION CARRIED 4-0. 8.7 Consider Date/Time for Board of Appeal and,Eclualization Meeting Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO CALL A SPECIAL MEETING OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION FOR APRIL 30, 2012, AT 6:30 P.M. AT THE SHERBURNE COUNTY GOVERNMENT CENTER. MOTION CARRIED 4-0. Announcements There were no announcements. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:20 p.m. John J. Dietz, Mayor Tina Allard, City Clerk