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01-17-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, JANUARY 17, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, I\loon, and Gumphrey Members Absent: Councilmember Westgaard Staff Present City Administrator Calvin Portner, Environmental Administrator Rebecca Haug, Director of Economic De~-elopment 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. Consider 1 /17/2012 Agenda • 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. City Council Minutes January 17, 2012 Page 2 ~. Open Forum • INTO one appeared for Open Forum. 6.1 Cit<r of Elk River Volunteer of the ?Month-Mav or 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 cite 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 1\Iaj-or 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 Prelu~iinarv approval 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 Elmquist 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 Refunding Bonds, Series 2012B to Refund Existin G.O. Bonds Series 2007C for Interest Cost Savin s 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 Reduest to Apply for a Grant to Purchase Big Belly Solar Garbage and Rec,~ cling 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 cit<- after 5 rears. 1\4s. 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 Ri~-er purchasing them. She stated the software costs would be unkno«m 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 Amending Various Sections of Chapter 6 Regulating Alcoholic Beverages • 2. Ordinance Amending the 2012 Master Fee Schedule Ciry Council Minutes Page 5 January 17, 2012 • Ms. Allard presented the staff report. 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 Edualization 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. • Tina Allard, City Clerk