05-14-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL
• HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, MAY 14, 2012
Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and
Zerwas
Members Absent: None
Staff Present: City Administrator Cal Portner, Fire Chief John Cunningham, Parks and
Recreation Director Michael Hecker, IT Manager Bob Pearson, Finance
Director Tim Simon, Planning Manager Jeremy Barnhart, 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 7:05 p.m. by Mayor Dietz.
2. Consider Council Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION
CARRIED 5 -0.
40 3. Consider Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING
CONSENT AGENDA:
3.1 May 7, 2012 MINUTES
3.2 TRANSIENT MERCHANT LICENSE TO ALLEN PANTELIS TO SELL
KITES, GROUND SPINNERS, WOOD CARVINGS, AND WINDSOCKS
FROM THE PARKING LOT OF WASH -N -FILL, 18296 ZANE STREET
NW, WEEKENDS MAY THROUGH SEPTEMBER, SUBJECT TO THE
FOLLOWING CONDITIONS:
1.
ONE 24 SQUARE FOOT SIGN SHALL BE ALLOWED. A
TEMPORARY SIGN PERMIT MUST BE OBTAINED PRIOR TO
DISPLAY OF THE SIGN. CONTACT THE PLANNING
DEPARTMENT AT 763.635.1000.
2.
THE MERCHANDISE DISPLAYED SHALL NOT OCCUPY MORE
THAN 100 SQUARE FEET [SECTION 38 -414 (6)].
3.
APPLICANT MUST REMAIN ON THE ASPHALT SURFACE AND
NO PRODUCT SHALL BE DISPLAYED IN THE GRASSY AREAS.
4.
NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
5.
IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE SALES AREA SHALL BE DELINEATED WITH A
•
BARRIER TO RESTRICT TRAFFIC.
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May 14, 2102
Page 2
6. THE AREA SHALL BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY CONDITION.
•
7. TRAILER SHALL BE NO LARGER THAN 8 X 12.
8. NO SIGNAGE MAY BE POSTED ON THE TRAILER.
9. TRAILER TO BE PARKED OVERNIGHT AS SHOWN ON THE
SITE PLAN. OVERNIGHT PARKING IS LIMITED TO FRIDAY
THROUGH SUNDAY OF THE SALES WEEKENDS.
3.3.A SALES /STORAGE OF RETAIL FIREWORKS LICENSE RENEWAL
FOR MENARDS IN ELK RIVER VALID UNTIL JULY 6, 2013 WITH
THE FOLLOWING TWO CONDITIONS:
1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE
AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER
MUST BE A WATER -BASED PRESSURIZED EXTINGUISHER.
2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN
INSPECTION.
3.3.B SALES /STORAGE OF RETAIL FIREWORKS LICENSE RENEWAL
FOR COBORN'S IN ELK RIVER VALID UNTIL JULY 6, 2013 WITH
THE FOLLOWING TWO CONDITIONS:
1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE
AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER
MUST BE A WATER -BASED PRESSURIZED EXTINGUISHER.
2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN
INSPECTION.
3.4 EXTEND THE CONTRACTS WITH COMPLETE GROUNDS
MAINTENANCE FOR LAWN ABATEMENT AT $25 PER HOUR AND
WITH LARSON COMPANIES FOR JUNK ABATEMENT AT $38 PER
HOUR.
3.5 SOLICITOR LICENSES TO MONTY TORPER AND AARON GOINGS
TO GO DOOR -TO -DOOR SOLICITING SERVICES ON BEHALF OF
CHARTER COMMUNICATIONS, VALID THROUGH DECEMBER 31,
2012.
3.6 RIGHT OF ENTRY AGREEMENT WITH STEVE JOHNSON, OWNER
OF 309 JACKSON AVENUE.
MOTION CARRIED 5 -0.
4. Open Forum
No one appeared for open forum.
5. Work Session
5.1 Commission Interviews
The Council interviewed applicants for various Commission vacancies.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPOINT MARILYN VAN PATTEN TO
THE HERITAGE PRESERVATION COMMISSION WITH A TERM •
EXPIRATION OF FEBRUARY 28, 2015. MOTION CARRIED 5 -0.
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May 14, 2102
Page 3
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
• COUNCILMEMBER ZERWAS TO APPOINT BONNIE SCHMITZ TO THE
PARKS AND RECREATION COMMISSION WITH A TERM EXPIRATION OF
FEBRUARY 28, 2015.
Council noted it was a tough choice between the three applicants.
Councilmember Motin stated he felt the two other candidates would be a better fit for the
Commission due to their experience.
Mayor Dietz concurred.
MOTION FAILED 2 -3. Mayor Dietz and Councilmembers Motin and Westgaard
opposed.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPOINT GUENTHER SAGAN TO
THE PARKS AND RECREATION COMMISSION WITH A TERM
EXPIRATION OF FEBRUARY 28, 2015.
Councilmember Motin stated he believe Mr. Holmgren would be a better fit to the
commission due to his experience.
Mayor Dietz concurred and further stated Mr. Holmgren has experience with recreational
services.
0 MOTION CARRIED 3 -2. Mayor Dietz and Councilmember Motin opposed.
5.2 iPad User Discussion
Council and staff had a discussion on ipad usage. Council noted they would like staff to
figure out how to sync the meeting schedules into their calendars.
5.3 Resolution Regarding the Classification of Certain Tax Forfeited Land and Specifying the
Parcels to be Sold. Taken for Public Uses, and Taken for Public Purpose
Ms. Allard presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12 -23 REGARDING
THE CLASSIFICATION OF CERTAIN TAX FORFEITED LAND LOCATED
WITHIN THE CITY OF ELK RIVER AND SPECIFYING THE PARCELS TO
BE SOLD, TAKEN FOR PUBLIC USES, AND TAKEN FOR PUBLIC
PURPOSES. MOTION CARRIED 5 -0.
5.4 Code Enforcement Direction for Political Signs
Ms. Allard presented the staff report.
Councilmember Motin expressed concern with staff time if the current policy were changed.
• Council concurred to keep with the current policy as outlined in the staff report and
requested staff to advertise on the city website.
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May 14, 2102
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5.5 Annual Review of Financial Management Plan •
Mr. Simon presented the staff report. He reviewed the results from 2011 and the breakout of
the fund balance for the General Fund. In addition, he covered future trends for net tax
capacity, property taxes, personnel services, department expenditures, and debt service, etc.
Mr. Simon reviewed forecast assumptions and the long -term impact on the General
Fund. He suggested this tool be utilized during budget time to review scenarios.
5.6 Council Open Forum
Passenger Bail between St. Cloud and Chicago
Mayor Dietz stated he received a letter from Sherburne County and questioned if the
Council was interested in considering a resolution supporting passenger rail between St.
Cloud and Chicago. This item was added to the next meeting agenda.
Councilmember Gumpbrey Absent
Councilmember Gumphrey noted he would be absent from the June 4 and June 18 meeting.
6. Announcements
Land Use Incentive Program Training
Mr. Portner noted that two Councilmembers need to attend online training as part of the
land use incentive program. He explained how claim costs would decrease if a quorum of the
Council attends the training.
Councilmember Motin and Westgaard stated they would attend the online training.
Business Powered by Exceptional Service
Mr. Portner stated he received a call from a resident in another community who bought a
vehicle from Cornerstone Auto. The customer contacted the city to discuss the great service
he received from the car sales business. The customer had problems with the vehicle on the
first day be purchased it but had noted further that Cornerstone Auto took care of him
immediately and provided unbelievable customer service. Mr. Portner further noted that the
community works together as a team and customer service goes a long way for Elk River's
community reputation.
7. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:50 p.m.