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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. City Council Minutes 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. City Council Minutes 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. City Council Minutes May 14, 2102 Page 4 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.