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4.1. DRAFT MINUTES 03-05-2012 MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, FEBRUARY 13, 2012 Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and Zerwas Members Absent: None Staff Present: City Administrator Cal Portner, Finance Director Tim Simon, Parks and Recreation Director Michael Hecker, Planning Manager Jeremy Barnhart, IT Manager Bob Pearson, 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. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Council Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 FEBRUARY 6, 2012, REGULAR MEETING MINUTES. 3.2 MASSAGE THERAPIST LICENSE RENEWAL FOR TARA LAFEBVRE, COLLYARD CHIROPRACTIC, PA, VALID UNTIL DECEMBER 31, 2012. 3.3 AUTHORIZATION OF IPAD PURCHASE AND IMPLEMENTATION FOR COUNCIL AND STAFF AS OUTLINED IN THE STAFF REPORT. 3.4 CREDIT/DEBIT CARD ACCEPTANCE POLICY. 3.5 MASSAGE THERAPIST LICENSE -AMANDA DAHMEN, THE LITTLE REJUNVINATION STATION, VALID UNTIL DECEMBER 31, 2012. MOTION CARRIED 5-0. 5. Ouen Forum No one appeared for open forum. City Council Minutes February 13, 2012 6. Work Session 6.1 Board and Commission Interviews The City Council interviewed the board and commission applicants in attendance. The Council completed all of the interviews prior to making appointments. Energy C~ Commission The Council interviewed Energy City Commission applicant Dennis Chuba. Page 2 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO MAKE THE FOLLOWING APPOINTMENTS /REAPPOINTMENTS TO THE ENERGY CITY COMMISSION FOR THREE-YEAR TERMS TO EXPIRE FEBRUARY 28, 2015: Dennis Chuba Ener -related business re resentative Scott Ha en Ener -related business re resentative Ste hen Rohlf Chamber re resentative Matt Wes aard Ci Council re resentative MOTION CARRIED 5-0. Heritage Preservation Commission MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO REAPPOINT STEPHEN ROHLF TO THE HERITAGE PRESERVATION COMMISSION FOR ATHREE-YEAR TERM TO EXPIRE FEBRUARY 28, 2015. MOTION CARRIED 5-0. Ice Arena Commission The Council interviewed Ice Arena Commission applicant Ronald Johnson. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO REAPPOINT RONALD JOHNSON TO THE ICE ARENA COMMISSION (AT-LARGE REPRESENTATIVE) FOR A THREE-YEAR TERM TO EXPIRE FEBRUARY 28, 2015. MOTION CARRIED 5-0. Parks and Recreation Commission The Council interviewed Parks and Recreation Commission applicant David Anderson. Councilmember Moon explained he is opposed to reappointing Mr. Anderson to the Parks and Recreation Commission because he believes that the Commission does not have open dialog when Mr. Anderson is present, Mr. Anderson goes directly to staff with requests and that staff is reluctant to resist due to his tenure on the Commission, and that Mr. Anderson has been on the commission too long. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO REAPPOINT DAVID ANDERSON TO THE PARKS AND RECREATION COMMISSION FOR ATHREE-YEAR TERM TO EXPIRE FEBRUARY 28, 2015. MOTION CARRIED 4-1. Councilmember Motin opposed. City Council Minutes Page 3 February 13, 2012 Planning Commission The Council interviewed new Planning Corrunission applicant Mark Konietzko. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPOINT MARK KONIETZKO TO THE PLANNING COMMISSION FOR A THREE-YEAR TERM TO EXPIRE FEBRUARY 28, 2015. MOTION CARRIED 5-0. Utilities Commission The Council interviewed Utilities Commission applicant Daryl Thompson. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO REAPPOINT DARYL THOMPSON TO THE UTILITIES COMMISSION FOR ATHREE-YEAR TERM TO EXPIRE FEBRUARY 28, 2015. MOTION CARRIED 5-0. 6.2 Concept Plan Review for Elk River Station Phase II Mr. Barnhart presented the staff report. Councilmember Motin indicated that he is not in favor of changing the land use because he believes the residents are waiting for commercial in this area as originally planned. He noted that he is also challenged with changing the land use due to the economy. Mr. Barnhart stated that he believes residential is an appropriate use and will be supported in this development. Counciltnember Gumphrey concurred with Mr. Barnhart. Councilxnember Zerwas stated that what has been identified as realistic around the train area is not necessarily what was originally planned and that it makes sense to listen to staffls recommendations. Councilmember Westgaard indicated that he also agrees with the land use change. He stated that the parcel is not a corner conducive to a service station or office/retail. He concurred that a lot was learned from the Focused Area Study and that residential was deemed appropriate in the area, in addition to commercial. He stated that this may be an opportunity to provide housing along with first floor retail. Councilmember Motin would like to focus on transportation in the area. Mr. Barnhart stated that transportation will be reviewed as this project moves forward. Consensus of the Council was that residential was appropriate and for staff to work with the applicant to move forward with the project. 6.3 Council Visionine Mr. Portner indicated that staff will provide the Council with an update on the visioning goals and tasks in order to find out if the Council would like to add any goals to the current list, and whether or not the Council would like to take a more aggressive approach to legislative issues or move forward with any legislative action. City Council Minutes Page 4 February 13, 2012 ----------------------------- Mr. Barnhart reviewed the goals and action steps as outlined in the staff report. He questioned if there are any goals that the Council would like staff to focus on. Mayor Dietz stated that the list is aggressive and staff is doing a good job on the current list. He noted that the current list covers a wide variety of goals and he would be in favor of staying the course with the current list. The Council concurred. It was noted that staff should approach the Council if they see anything that should be added as they work through the list. Mr. Barnhart clarified that the list presented is for goals due July 2012 and that he is looking for direction on goals for the 2013 budget rycle. Mayor Dietz indicated that he wants to make sure the Volunteer Handbook is completed before spring. Mr. Fortner stated that the handbook will be brought back within a couple months. Mayor Dietz requested that Mr. Fortner ask department heads if their volunteer needs have changed since requests were submitted. Mr. Barnhart stated that staff will come back in the next few months to discuss goals for the 2013 budget rycle. 6.4 Council Open Forum Councilmember Zerwas indicated that he would like to discuss the current level of service the city is receiving with Gray, Plant, and Mooty and whether or not to request proposals. He stated that on numerous occasions he has been informed that the city attorney is not meeting deadlines and is not assisting staff so they can move forward with their projects. He stated that he realizes this was scheduled for discussion in the future but he would like to discuss it at this time and not wait. Mr. Fortner explained the last time the city went out for RFP on city attorney services was 2006. He stated the RFP process allows the city to evaluate its needs. He added that it wouldn't be a bad idea to get proposals for financial services, engineering firms, and other city consultants. Council consensus was for staff to move forward with the RFP process for city attorney services. Mr. Fortner was directed to discuss the process with Mr. Beck prior to moving forward. It was noted that if Mr. Beck's firm submits a RFP, a discussion would need to take place on what would change with the level of service to address our needs. Councilmember Gumphrey added that Mr. Beck has done an excellent job with past litigation and the delays may be due to a staffing issue at his firm. Announcements Mr. Fortner stated that staff is meeting with ERX regarding their upcoming event. He stated that the Bailey Point project is continuing to move forward. Mayor Dietz indicated that he received an email regarding the trail by Twin Lakes Elementary. Mr. Fortner stated that parks staff are working on the issue. City Council Minutes February 13, 2012 8. Adjournment Page 5 There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:31 p.m. Minutes prepared by Jessica Miller. John J. Dietz, Mayor Tina Allard, City Clerk $8 n ~ ~ ~~' ~ CLOSED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 21, 2012 Members Present: Mayor Dietz, Councilmembers Gumphrey, Westgaard, Zerwas, and Motin Members Absent: None Staff Present: City Administrator Cal Portner, City Attorney Peter Beck, Planning Manager Jeremy Barnhart, and City Clerk Tina Allard Also Present: Attorney George Hoff (6:20 p.m.) 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 6:09 p.m. by Mayor Dietz. 2. Closed Meeting-Attornev-Client Privilege Wapiti Lawsuit The purpose of the closed meeting was to discuss the lawsuit involving Wapiti Park Campground, Inc: pursuant to MN Statute 13D.05, subdivision 3(b), attorney-client privilege. 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 6:31 p.m. John j. Dietz, Mayor Tina Allard, City Clerk .: _ ~ ~ .. ~ ~ MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 21, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present:. City Administrator Calvin Portner, Planning Manager Jeremy Barnhart, Finance Director Tim Simon, Environmental Administrator Rebecca Haug, Police Chief Brad Rolfe, Administrative Police Captain Bob Kluntz, Parks and Recreation Director Michael Hecker, Streets Superintendent Mark Thompson, Parks Maintenance Supervisor Rodney Schreifels, City Attorney Peter Beck, and City Clerk Tina Allard 1. Call Meeting To Orders Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:34 p.m. by Mayor Dietz. 2. Pledge of Alliance The Pledge of Allegiance was recited. 3. Consider 02/21 /2012 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVETHE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.3. PROFESSIONAL SERVICES FROM HAKANSON ANDERSON AND ASSOCIATES, INC. IN THE AMOUNT OF $78,200 FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES ON THE 171sT AVENUE AREA, PHASE I IMPROVEMENTS. 4.4. PURCHASE OF 2500HD PICKUP WITH ACCESSORIES, 3500HD WITH LIFT GATE AND ACCESSORIES, TRACTOR WITH SNOW PLOW, MINI SKID STEER WITH ATTACHMENTS, OVER SEEDER, AND SOD CUTTER IN THE AMOUNT OF $133,209 FROM THE 2012 EQUIPMENT REPLACEMENT FUND. 4.5. PROMOTE DENNIS WALKER TO THE ICE ARENA MAINTENANCE SUPERVISOR POSITION EFFECTIVE FEBRUARY 22, 2012, TO BE PAID AT PAY GRADE G, STEP A. City CouncIl Minutes Page 2 February 21, 2012 4.6. RESOLUTION 12-10 AMENDING RESOLUTION 11-71 REGARDING THE ACKNOWLEDGEMENT OF CONTRIBUTIONS FROM THE ZIMMERMAN FIRE RELIEF ASSOCIATION. MOTION CARRIED 5-0. 5. Open Forum No one appeared for Open Forum. 6.1. City of Elk River Volunteer of the Month-Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to the February Volunteer of the Month Bruce Bromen. He provided the following background on Mr. Bromen's service within the city: ^ Member of the Chamber of Commerce for 22 years. ^ Chamber Ambassador for 10 years. ^ Volunteer for Independence Day community event for 10 years. ^ Member of the Land of Lakes Choir Boys Board for 6 years. Mayor Dietz further noted Mr. Bromen's work with the Boys & Girls Club and how he has been involved with them since its inception 13 years ago. He noted Mr. Bromen has been the Chair of the board for 6 years. 6.2. 30 Years of Service Recognition-Police Chief Bradley R. Rolfe Mr. Fortner reviewed Chief Rolfe's work history and many awards and commendations. He further thanked the Chief for his outstanding leadership and dedication to the city and congratulated him on 30 years of service to the city. Captain Kluntz described how the Chief's 30 years of service have impacted the city, the police department, and its employees. He thanked him for dedicated, active service and leadership. Councilmember Westgaard thanked the Chief for his service to the city. Mayor Dietz also thanked the Chief for his commitment to the city. He stated the Chief has dealt with every situation in a very calm and professional manner and that he is a man passionate about the safety of the whole community. Mayor Dietz read and presented the Chief with a plaque Council took a 5 minute break at 6:45 p.m. 7.1. NPDES Annual Permit Update Ms. Haug presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this item, Mayor Dietz closed the public hearing. City Council Minutes February 21, 2012 No other action was required on this item. Page 3 7.2. Request by Elk River Development Authority for Administrative Subdivision for Lot 1~ Block 1. Northstar Business Park Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this item, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE AN ADMINISTRATIVE SUBDIVISION AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 7.3. Request by City of Elk River for Ordinance Amendment to Section 30-934 Relating to Landscaping Requirements. Case No. OA 12-02 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this item, Mayor Dietz closed the public hearing. Councilmember Motin stated he had concerns with credit being given for native grasses and whether they fit within the Beautification goal for the city and asked that it be monitored and revisited in the future if we get more and more native grasses. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 12-03 AMENDING PORTIONS OF CHAPTER 30, ARTICLE VI, SUBDIVISION IV, SECTION 30-934 AND SECTION 30-935, OF THE ELK RIVER, MINNESOTA, CITY CODE ALL PERTAINING TO LANDSCAPING WITH THE FOLLOWING CHANGES TO THE ORDINANCE: 1. SECTION 5(3)-THE WORD SQUARE BE ADDED IN BETWEEN "500" AND "FEET". 2. SECTION 6-"TREE" BE REPLACED WITH THE WORD "PLANT MATERIAL". MOTION CARRIED 5-0. 7.4. Request by City of Elk River for Ordinance Amendment to Section 30-938 Architectural Standards~Case No. 12-01 Mr. Barnhart presented Mr. Leeseberg's staff report. Mayor Dietz opened the public hearing. There being no one to speak to this item, Mayor Dietz closed the public hearing. Councilmember Motin questioned who would have approval over the architectural materials. City Council Minutes Page 4 February 21, 2012 Attorney Beck suggested. language giving the City Council approval over the materials. Mr. Barnhart stated he would like to avoid permitted uses who want to use a unique material from having to go to Council for approval. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 12-04 AMENDING SECTION 30-93$ OF THE ELK RIVER, MINNESOTA, CITY CODE PERTAINING TO ARCHITECTURAL STANDARDS WITH THE FOLLOWING CHANGES: 1. SECTION 1(2) (A) (8)-OTHER CITY APPROVED ARCHITECTURAL MATERIALS. 2. SECTION 1(2) (B) (10)-OTHER CITY APPROVED ARCHITECTURAL MATERIALS. MOTION CARRIED 5-0. 8.1. Public Works Facility Phase II Project Items Mr. Simon presented Mr. Femrite's staff report. The alternate bid information was reviewed. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE BIDS FOR THE PUBLIC WORKS FACILITY BID PACKAGE 2 AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO REASSIGN THE CONTRACTS TO RJM CONSTRUCTION IN ACCORDANCE WITH THE CITY'S CONSTRUCTION MANAGER AT RISK AGREEMENT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 8.2. Authorize and Award Capital Improvement Plan Bonds Mr. Simon presented the staff report and introduced Mark Ruff with Ehlers and Associates. Mr. Ruff reviewed the city's rating report. Councilmember Zerwas commended Mr. Simon and the finance staff for their work on helping to establish the city's good rating. A. Resolution Awarding the Sale of $7,300 000 General Obligation Capital Improvement Plan Bonds. Series 2012A Mr. Ruff reviewed the bids for this bond as outlined in the Sale Report handout he distributed. Mr. Ruff noted that the city was able to get an excellent interest rate. In City Council Minutes February 21, 2012 Page 5 addition, because construction costs were lowered by the city and lower fees the size was reduced to $6,975,000. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-11 AWARDING THE SALE OF $6,975,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2012A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. MOTION CARRIED 5-0. B. Resolution Awarding the Sale of $1,595,000 General Obligation Improvement Refundin,~ Bonds, Series 2012B Mr. Ruff reviewed the bids for this bond as outlined in the Sale Report handout he distributed. Mr. Ruff noted that the city was able to get an excellent interest rate. In addition, because of lower fees and underwriter fees/discount the size was reduced to $1,525,000. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 12-12 AWARDING THE SALE OF $1,525,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2012B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE REFUNDING ESCROW AGREEMENT IN THE STAFF REPORT. MOTION CARRIED 5-0. 9. Announcements There were no announcements. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:38 p.m. John J. Dietz, Mayor Tina Allard, City Clerk