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08-13-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, AUGUST 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, City Clerk Tina Allard, Street Superintendent Mark Thompson, Street Projects Specialist Phil Hals, City Engineer Justin Femrite, Police Chief Brad Rolfe, Planning Manager Jeremy Barnhart, Fire Chief T. John Cunningham, Environmental Administrator Rebecca Haug, Ice Arena Supervisor Rich Czech, Parks and Recreation Director Michael Hecker, Accountant Lori Stich, Recording Secretary Debbie Huebner Also Present: Tom Betti, 292 Design Group 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. is 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 WITH THE FOLLOWING CHANGES: • CONSIDER ITEM 6.2 AFTER ITEM 5. • REMOVE 4.2 FROM THE CONSENT AGENDA MOTION CARRIED 5 -0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. JULY 16, 2012 MINUTES MOTION CARRIED 5 -0. • City Council Minutes August 13, 2012 Page 2 5. Open Forum Murlyne Beck, 114 Evans Avenue, spoke to the Council regarding the letter she received • from the city's code enforcement officer. The letter stated she had 10 days to remove a fence around her twin home. Mrs. Beck explained that her husband was in poor health and they were not able to remove the fence in such a short time period. She stated that they had the fence put up for their dog. She explained that they checked with a supervisor at the city and was told it was ok to put up the fence. The letter stated that the fence could not be over 2' /z feet high above the level of the sidewalk within 10 feet of the front property line, and could not be placed on the lot line. She stated the fence was to keep their dog on the property and a 2'/2 ft. high fence would not make any sense. Mrs. Beck stated the neighbors thought the fence was on their property, so the Becks had the property surveyed. The survey showed that the Becks owned 2 more feet in the front and 4 feet more in the back than previously thought. She did not feel the fence caused any visual impact, and noted that the fence was installed before there was curbing. She spoke with city staff and told them she wanted this issue placed on the agenda and was told they would object to placing it on the agenda. She stated she needed more time to investigate the issue. She explained that the situation has escalated with the neighbors and they have torn out her survey stakes. Mayor Dietz asked if the situation started because the neighbor complained about the Beck's fence. Mrs. Beck stated yes. She stated that the neighbor objects to them taking back the land that belongs to the Becks according to the survey. She stated that the neighbors threatened to call the city about the fence if the Becks did not give them the additional property. She explained that taking back the land will cause the neighbor's lot line to be crooked. Mayor Dietz stated that staff will investigate the issue. Mrs. Beck stated she would like to • have the city code reviewed (Sec 37 -96A). Mayor Dietz explained that staff will do some research and asked if Mrs. Beck could come back to the next City Council meeting. She stated yes. Mayor Dietz asked if the time line for removal of the fence could be extended an additional 30 days. Mr. Barnhart stated yes. Mayor Dietz asked if staff would be able to have information for the Council next Monday night. Mr. Barnhart stated yes. Bruce West, 13181 Island View Drive, asked if the existing public works building would be painted to match the new building. Street Superintendent Mark Thompson stated that when the new building is complete and the landscaping is installed, they will determine the visual effect of the two buildings together. Councilmember Motin stated that it was his understanding that the architectural plans tie the two buildings together. Mr. Thompson stated yes, the new building matches the color scheme. 5.2 Residential Garbage and Recycling Contract Renewal Councilmember Motin asked why recycling is every other week, since they will be switching to single source recycling. Ms. Haug stated that the contractors asked for every other week pickup, since the customers are not filling their containers every week. Ms. Haug explained changes in the contract, including: S — Changing from a 5 -pear contract to a 10 -year contract City Council Minutes August 13, 2012 — Dual stream recycling to single stream recycling • — Garbage collection rate increases of 3% on the even - numbered years starting in 2014 — Maintain recycling rates for 5 years — $0.25 increase in recycling in years 2018 — 2022 MOTION BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGREEMENT FOR GARBAGE, REFUSE AND RECYCLING COLLECTION JANUARY 1, 2013 THROUGH DECEMBER 31, 2022, WITH ALLIED WASTE AND RANDY'S ENVIRONMENTAL SERVICES, INC. MOTION CARRIED 5 -0. 6.2 Private Utility Service Connection Options Justin Femrite stated there are three properties remaining to make repairs to their sewer service lines, utilizing the option to have the cost assessed against their property. Mr. Femrite explained there are 90 properties with sewer and water available but not connected, and 105 properties that are connected to either water or sewer, but not both. He stated that these 195 properties are in violation of the city's existing ordinances, which requires hook-up within two years of availability. Mr. Femrite discussed the five options for the Council to consider, as detailed in his memo. Councilmember Gumphrey stated the minimum would be to require connection to city services at the point of sale of a property. Councilmember Motin suggested the following: 1) is Notify the property owner of the requirement, giving them the ability to finance through the special assessment process; 2) city completes the work and charges the fees to the property owner -if they don't pay, assess the cost; 3) Require connection at the point of sale or transfer of the property; this option could allow or not allow assessment of costs. Mayor Dietz stated he felt the best option was #4. He felt the responsibility was partly the city's, by not following up with these properties when the two -year period expired. He stated that properties could have changed hands many times since then. He stated they should have had a system in place to catch those properties at the proper time. He stated that if they are notified now, they will be aware that they will need to hook up at the time the property sells or changes hands. He stated that property owners would not feel it was fair to have to pay a user fee when they were not hooked up. Councilmember Dietz asked if the cost to hook up to city services was around $15,000. Mr. Femrite stated that was a reasonable estimate. Councilmember Westgaard asked if Option #4 would allow a homeowner to replace a septic system or well if it failed. Mr. Femrite stated no, staff would propose an ordinance amendment that would require the property owner to hook up to both services at that time. Staff still needs to discuss how to put checks and balances in place to catch those properties that need to be hooked up. He stated that the list of properties will be checked and verified whether or not they have sewer or water. Councilmember Westgaard stated that connections charges are a huge financial hardship. He stated he would be in favor of Option #4, adding language that a property owner with a failing system that must connect to city services. Mr. Femrite asked if Councilmember • Westgaard would like to see an assessment program to go along with Option #4. Page 3 City Council Minutes August 13, 2012 Councilmember Westgaard stated that if a private system fails, and city sewer and water is available, they would have to connect to public system at that time. Mr. Femrite asked if the property owners should be charged WAC and SAC fees now, and costs over $15,000 could be city - financed through an assessment process. Councilmember Westgaard stated he was not in favor of assessing sewer and water costs to a property= if they don't have the benefit. Councilmember Motin asked what the cost is to replace a septic system. Mr. Femrite stated that the cost can be anywhere from $6,000 to $20,000, depending upon the type of system required. Councilmember Motin had concerns that property owners would wait to hook up until the property is sold. He felt that property owners should be encouraged to hook up now by giving them the option of having the costs assessed, and if they opted to wait, they would have to finance themselves. He stated an end date should be established for allowing costs to be assessed. Councilmember Westgaard suggested an end date of December 31, 2015, to have the costs assessed over a 10 -year period upon failure of a system, or the sale /transfer of the property, whichever comes first. City Attorney Peter Beck discussed possible options with the Council. Mayor Dietz asked that Mr. Femrite work with the city attorney on a draft ordinance for review at a future meeting. 6.1 Council Visioning and Goal Setting Jeremy Barnhart reviewed the four goals adopted by the Council in 2010. He asked the Council if they would like to include additional goals in the 2013 -2014 Vision and Goals. He suggested replacing the Innovation goal with Strategic Planning. Discussion followed regarding how to provide benefit to the residents, as well as the need to keep in step with their changing needs. The Council members were in agreement that the original goals are still valid and supported staffs recommendation to add Strategic Planning. Mr. Barnhart stated that he will go through the existing vision and goals, identifying what has been done and what is left to do. Council member Motin suggested soliciting ideas from city employees. Mr. Barnhart noted that staff will develop tasks and action steps to be approved by the Council in the coming months. 6.4 Ordinance Regulating the Use of Coal -Tar Based Products Rebecca Haug presented the staff report. She reviewed new information since the July 9 City Council work session. Ms. Haug reviewed the two draft options. Staff recommended approval of the version without the licensing requirement. She explained that licensing for such practices has proven to be more costly and time - consuming than providing information to residents and businesses. Ms. Haug noted that contractors have asked that the new ordinance become effective January 1, 2013, to allow them to complete their 2012 contracts. MOTION BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE ORDINANCE 12 -14, AN ORDINANCE ADDING ARTICLE XII TO CHAPTER 30 OF THE CITY OF ELK RIVER CODE OF ORDINANCES, REGULATING THE USE OF COAL TAR -BASED SEALER PRODUCTS WITHIN THE CITY. MOTION CARRIED 5 -0. Page 4 City Council Minutes August 13, 2012 6.3 Ice Arena Renovation Options isIce Arena Manager Rich Czech introduced Tom Betti of 292 Design Group. Mr. Betti reviewed four options for renovation of the existing ice arena for the Council to consider, as follows: Option 1: Cost is approximately $4.2 million. Reflects current CIP — If roof leaks and dehumidification in Barn Rink are not addressed, life expectancy is projected for 9 -12 years. Option 2: Cost is approximately $4.9 million (Initially $1.2 million; additional $3.7 million in 10 years to replace refrigeration system). Maintain essential systems; would buy time before major improvements must be made. Short term fix; does not address immediate or future needs. Option 3: Cost is approximately $6.9 million. Addresses repairs for long -term operations; foundation for future needs. Includes new roof, dehumidification; expansion of locker rooms in barn rink; enhanced lobby, replaces refrigeration in Olympic rink, which would accommodate barn rink in future to significantly improve arena's efficiency. Option 4: Cost is approximately $9.3 million. Replaces barn structure; adds new locker rooms; expands lobby to accommodate both rinks; team lockers replaced with larger updated rooms with improved air quality; new upper level lobby with concessions, storage, restrooms and meeting rooms; replacement and centralization of both ice plants and HVAC systems with state -of -the art equipment (address dehumidification). Discussion followed regarding: • • History of original barn rink and the Olympic rink • What the city's role /responsibility is in financing the renovations • Costs of renovations • Commitment /responsibility of users (i.e. School District, skate groups, Youth Hockey) • Additional operating costs with the proposed renovations • Number of hours of ice time for city programming, and hours billable to other groups • Advantages of multi -use facility to generate income (field house, community rooms, meeting space for private and public organizations) • Possible financing scenario • Other possible sources of income generation (gate fees, concessions) • Option of tearing down barn rink, leaving the Olympic rink • Usage by the school district and their lack of interest in financial participation Mr. Czech stated that currently, enough revenue is generated to cover operating costs. Discussion followed regarding the need for a meeting with all stakeholders (users). Mayor Dietz asked that staff provide more information regarding costs, possible income generating options, and other costs associated with a renovation project (increased staff and utility costs). • Page 5 City Council Minutes August 13, 2012 Page 6 6.5 Budget The following division managers provided an overview of their department budgets: Streets, • Planning, Building Safety and Ice Arena. 6.6 Council Open Forum a) Councilmember Gumphrey stated that the city should be required to replace the trees that were removed in Nature's Edge Business Center, since developers are required to do so. Mr. Portner stated that the trees were removed at part of the site preparations to sell the lots. Councilmember Motin stated that the city should wait to see what is going on the lots before planting any trees. b) Councilmember Motin stated that he is concerned about taking action at work sessions. He stated that items requiring action should be televised. c) Mr. Portner provided an update on the fiber optic discussions. He will provide an update at the next City Council meeting. Announcements There were no announcements. 8. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City • Council at 10:15 p.m. Minutes prepared by Debbie Huebner. ohn . Dietz, a or Tina Allard, City Cl