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04-02-2012 CCM• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 2, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, `Vestgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Ciry Engineer Justin Femrite, 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 6:60 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. • 3. Consider Council Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 MINUTES • ^ MARCH 19, 2012, REGULAR. ^ MARCH 20, 2012, SPECIAL. 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3.A SPECIAL EVENT PERMIT TO SALK MIDDLE SCHOOL FORA 5K WALK/RUN, MAY 19, 2012 WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN- UP. 2. NO PAINT ALLOWED ANYWHERE ON TRAILS. CHALK OR CONES MAY BE USED. 3. APPLICANT MUST CONTACT POLICE CAPTAIN RON NIERENHAUSEN (763.635.1202) AT LEAST THREE WEEKS PRIOR TO EVENT TO ARRANGE FOR POLICE RESERVES. 4.3.B SPECIAL EVENT PERMIT TO BROADWAY BAR AND PIZZA TO HOLD A CAR SHOW ON MAY 20, 2012 WITH THE FOLLOWING CONDITIONS: City Council Minutes April 2, 2012 Page 2 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 TO TWO-WAY TRAFFIC. 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 A WALK-THRU INSPECTION OF THE PROPERTY TO ENSURE PROPERTY ACCESSIBILITY TO THE BUILDINGS AND ADJACENT PROPERTIES IS MAINTAINED DURING THE EVENT. 8. APPLICANT MUST PROVIDE PORTABLE TOILET FACILITIES AS OUTLINED IN THE 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 RECENED PRIOR TO EVENT. 4.4 TEMPORARY SALES AND STORAGE OF FIREWORKS LICENSE TO CHRISTOPHER ULMER, TNT FIREWORKS, IN ORDER TO SELL FIREWORKS JUNE 27 JULY 4, 2012 FROM A TENT IN THE WAL- MART PARKING LOT WITH THE FOLLOWING CONDITION: 1. INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE PRIOR TO THE TENT OPENING FOR SALES. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.635.1110 FOR AN INSPECTION AFTER THE TENT AREA HAS BEEN SET UP. 4.5 RESOLUTION 12-14 AMENDING THE WASTEWATER TREATMENT BUDGET. 4.6 RECOMMISSIONING CONRACT WITH HALLBERG ENGINEERING, INC. IN THE AMOUNT OF $17,400 FOR THE CITY HALL BUILDING. MOTION CARRIED 5-0. 5. Open Forum John Houlton, 1185 Main Street -Thanked the Council and staff, on behalf of First National Bank, for the extra time and commitment to assist Central Lutheran Church with their variance and conditional use permit request. He noted it makes Elk River a great city to live and work in. 6.1 Redistricting Ordinance Establishing New Ward Boundaries Resolution Establishing Precincts and Polling Places Ms. Allard presented the staff report. • • City Council Minutes April 2, 2012 Page 3 MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY • COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 12-05 ESTABLISHING NEW WARD BOUNDARIES FOR THE CITY OF ELK RIVER. MOTION CARRIED 5-0. Councilxnember Motin requested the polling locations for Precincts 4A and 4B be swapped. Ms. Allard noted it was an error on the map and that they should be switched around. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 12-15 ESTABLISHING PRECINCTS AND POLLING PLACES WITH THE POLLING PLACES FOR PRECINCTS 4A AND 4B REVERSED. MOTION CARRIED 5-0. 6.2 Ordinance. Associated Petition. and Policy Relating to the Assessment of Private Utility Line Work Mr. Femrite presented the staff report. Councilmember Westgaard questioned why the city would require connection to both sewer and water if the resident only wanted to hook up to one of them. Mr. Femrite stated current city ordinance requires connection be made within two years when city sewer/water becomes available to them. He stated there have been compliance issues with the current ordinance in the city code and attaching the requirement to connect • to both services in this ordinance would strengthen the city's ability to catch more non- compliance issues. Mayor Dietz stated he is not in favor of ordinance option two because it rewards non- compliant residents with a financing tool that other residents (required to connect in the past) were not given the opportunity to utilize. Mayor Dietz stated, in discussions with the city attorney, that the city does have other options for requiring city sewer/water connections. Councilmember Moon stated he would be okay with option two if a specific timeframe were selected for the new connections. MOVED BY MAYOR DIETZ AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 12-OG AMENDING CHAPTER 7, ARTICLE I OF THE ELK RIVER CODE OF ORDINANCES TO ADD NEW DIVISION I, PROVIDING FOR PAYMENT AND ASSESSMENT OF THE COSTS TO REPAIR PRIVATE UTILITY LINES (OPTION ONE). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT THE PETITION, WAIVER AGREEMENT AND POLICY IN THE STAFF REPORT FOR OPTION ONE. MOTION CARRIED 5-0. Councilmember Motin requested staff follow-up on what is required to make residents come into compliance when there is a transfer of ownership to a property. • City Council Minutes April 2, 2012 Page 4 Attorney Beck stated the city has authority in current ordinance to require city sewer/water connections but past practice has been to not proceed with enforcement. He stated staff • needs clear direction from Council regarding compliance for sewer/water connection. He outlined various actions the council could have staff evaluate. Council consensus is for staff to evaluate the options available in order to have compliance with the sewer/water connections. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE ELK RNER MUNICIPAL UTILITIES CONTINGENT UPON ELK RNER MUNICIPAL UTILITIES APPROVAL OF THE AGREEMENT. MOTION CARRIED 5-0. 6.3 Discuss Work Session Agenda Mr. Fortner reviewed the Apri19 and May 14 worksession agendas. Mayor Dietz requested the 2011 State of the City Annual Report be added to the May 14 worksession agenda. Mr. Fortner noted the Employee Personnel Polity Manual would be on the April 16 agenda. Announcements Discussion was held regarding the iPad training scheduled for Monday, April 9. • 8. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:25 p.m. • Tina Allard, City Clerk