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08-20-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 20, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Accountant Lori Stich, Planning Manager Jeremy Barnhart, Fire Chief T. John Cunningham, Environmental Administrator Rebecca Haug, Environmental Assistant Rachel King, Building Official Bob Ruprecht, Parks and Recreation Director Michael Hecker, Parks Maintenance Supervisor Rodney Schreifels, Golf Course Superintendent Paul Anderson, Police Captain Ron Nierenhausen, Street Superintendent Mark Thompson, Chief Operator Gary Leirmoe, City Attorney Peter Beck, and Recording Secretary Jennifer Johnson 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance isThe Pledge of Allegiance was recited. 3. Consider 08/20/2012 Agenda Councilmember Motin noted the updated agenda, adding item 8.6. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA WITH THE ADDITION OF ITEM 8.6. 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 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2 PAY ESTIMATE AS OUTLINED IN THE STAFF REPORT. 4.3 SPECIAL EVENT — ELK RIVER YOUTH VOLLEYBALL 5K WALK /RUN 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. City Council Minutes August 20, 2012 Page 2 4.4 RESOLUTION 12 -42 ACKNOWLEDGING CONTRIBUTIONS TO THE POLICE DEPARTMENT AS OUTLINED IN THE STAFF REPORT. • 4.5 SPECIAL EVENT PERMIT AND TEMPORARY ON -SALE LIQUOR LICENSE WITH THE FOLLOWING CONDITIONS: 1. THE LIQUOR LICENSE IS NOT VALID UNTIL APPROVED BY THE COMMISSIONER OF PUBLIC SAFETY. 2. ALCOHOL MUST BE LIMITED TO AN AREA THAT IS FENCED IN WITH SECURED AND CONTROLLED ACCESS AND BE COMPACT AND CONTIGUOUS TO THE ESTABLISHMENT. AGE VERIFICATION IS REQUIRED AND WRIST BAND CONTROL IS RECOMMENDED. 3. NEIGHBORING PROPERTY OWNERS MUST BE NOTIFIED OF THE EVENT. 4. PERMISSION TO USE PRIVATE PROPERTY FOR PARKING MUST BE OBTAINED PRIOR TO THE EVENT. 5. ALL APPLICABLE NOISE ORDINANCES MUST BE FOLLOWED. 6. IF TENTS ARE TO BE USED THEY MUST BE INSPECTED BY THE FIRE MARSHAL PRIOR TO THE EVENT. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.635.1110 TO SCHEDULE AN INSPECTION. 4.6 PYROTECHNIC FIREWORKS DISPLAY — RES SPECIALTY PYROTECHNICS, INC., WITH THE FOLLOWING CONDITIONS: 1. RES SPECIALTY PYROTECHNICS, INC. SHALL ARRANGE FOR SITE INSPECTIONS BY THE FIRE DEPARTMENT THE DAYS OF THE PYROTECHNIC DISPLAYS. APPLICANT SHALL CONTACT THE FIRE MARSHAL AT 763.635.1110 TO SCHEDULE • INSPECTIONS. 2. ADDITIONAL DISPLAY DATES FOR 2012 CAN BE ADDED AS AUTHORIZED BY THE FIRE CHIEF. APPLICANT WILL BE REQUIRED TO SUBMIT AN APPLICATION FOR ANY ADDITIONAL DATES. 4.7 OAK KNOLL ATHLETIC COMPLEX IRRIGATION AS OUTLINED IN THE STAFF REPORT. 4.8 GRASS TRUCK REPLACEMENT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5 -0. 5. Open Forum James M. Neilson, attorney representing property owner Martin and Karen Moritz, 20376 Twin Lakes Road, requested the Council consider amending Section 30 -796 of the city code regarding placement of a fence on property zoned Al and Section 30 -1007 regarding use of a barbed wire fence as a boundary fence. He requested that by making the following edits to the section that it would bring them in line with state law Chapter 344 — Partition Fences: 30 -796, (d)(2)c: delete but not as boundary fertees. This would allow a property owner to use a barbed wire fence as a boundary fence on property zoned Al. 30 -1007: delete footnote: the keepifig livesteek fenees is prohibited wig-An 5 r..... e f 40 City Council Minutes Page 3 August 20, 2012 Mr. Neilson presented the Council with survey maps and property information for Mr. is Moritz's properties. Staff will review and return to Council with its background and recommendations. 6.1 City of Elk River Volunteer of the Month -Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to the August Volunteer of the Month Peter Leinonen. A list of some of Mr. Leinonen's volunteer actions include: Faith in Action Board Member for the past 9 years Volunteer at Faith in Action's store, The Great Room Volunteering on various committees at his church for the past 20 years 6.2 Proclamation Desi ng ating the Week of August 19 2012, as Yellow Ribbon Community Week Mayor Dietz read the proclamation designating the week of August 19, 2012, as Yellow Ribbon Community Week. Mayor Dietz reminded everyone about the ceremony at the River's Edge Park on Thursday, August 23 at 6:15 p.m., where Governor Mark Dayton would be officially proclaiming Elk River as a Yellow Ribbon Community. 7.1 Resolution of Denial for Patrick Kasper Lot Split, Case No LS 12 -01 isMr. Barnhart presented the staff report. Mayor Dietz opened the case for public comment. There being no one to speak, he closed the public comment section. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12 -43 DENYING THE REQUEST BY PATRICK KASPER FOR A LOT SPLIT CASE NO. LS 12 -01 AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5 -0. 8.1 Background Information for Residential Fencing at 114 Evans Avenue from Open Forum Mr. Barnhart presented the staff report. He outlined to two issues facing the property at 114 Evans Avenue, which was brought before Council at Open Forum on August 13, 2012. He outlined the options available to the Becks, but noted that the fence would need to be removed from the right -of -way. The property owner, Murlyne Beck, informed the Council that the situation between her and her husband and the neighbors was escalating and feared more retaliation. Council requested Mr. Barnhart visit the Beck property and explain to them their options in person. Mr. Barnhart stated he would do so. • City Council Minutes August 20, 2012 Page 4 8.2 Orono Median Plan Mr. Barnhart presented the staff report. He stated staff is recommending Option 2 as • outlined in the staff report, as it would best address the goal of beautification as well as cover the concerns of visibility, cost, and maintenance. Mr. Motin asked if they chose Option 2, would they be limiting themselves should the city choose to add additional landscaping in the future. Mr. Barnhart stated they could always add additional landscaping items, such as trees, mulch, and rock, at a future time. Councilmember Westgaard questioned if the beautification goal would indeed be achieved with choosing Option 2, noting the city only has very few areas in which to increase beautification. He felt by leaving the prairie grass and adding very little to the parkway was a very minimal step towards achieving this goal. Mr. Barnhart stated he was trying to balance the challenge of a minimal budget while working towards the goal of beautification and was limited with the use prairie grasses. Councilmember Gumphrey felt at this time that Option 2 was the best for now but would like to see future budgeting for additional landscaping to the Orono Parkway medians. Mayor Dietz felt the original goal was to entirely remove the prairie grass from Orono Parkway. He stated he is not in favor of any kind of irrigation. He felt community volunteers could water the trees until they become established, and send out a parks employee once a • month to spray the area for weeds. He asked what the cost would be for trees and rock mulch, and entirely eliminating the prairie grass. Mr. Barnhart stated he would provide Council at a future meeting the costs of removing the prairie grass, and installing trees and rock mulch. He was concerned, however, with the prairie grasses continuing to grow underneath the rock mulch. Mayor Dietz asked why they couldn't use a landscape fabric underneath the rock mulch to prevent the prairie grasses from growing. Mr. Barnhart had concerns with using landscape fabric, noting that some landscaping companies don't often use the fabric as dirt accumulates on top of the fabric, allowing weeds to grow. He stated a good maintenance program would have to be put in place to allow for regular weed spraying. Mayor Dietz directed staff to come back with cost estimates for rock mulch and trees from curb to curb. Mr. Simon stated the funding could come from either Council Contingency or the Street Improvement Reserve fund. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE STAFF TO REQUEST QUOTES TO IMPROVE ORONO PARKWAY CONSISTENT WITH OPTION 2 AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5 -0. • City Council Minutes August 20, 2012 Page 5 Councilmember Gumphrey stated he would like to see the funds come mainly from the isStreet Improvement Reserve fund. Mr. Barnhart will put together costs for rock on Orono Parkway and will present to the Council when they review the bids for Option 2. 8.3 Main Street and Highway 169 Intersection Landscaping Improvements Mr. Barnhart presented the staff report. He reviewed a number of details concerning the proposed improvements at Main Street and Highway 169, which requires a Limited Use Permit by MnDOT be signed by the city. Also, irrigation agreements would need to be signed by adjacent property owners (Walgreens, Wash N Fill, and SuperAmerica), which outlines the responsibilities between them and the city. Mr. Barnhart also reviewed maintenance costs by the Parks Department. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12 -44 ADOPTING THE LIMITED USE PERMIT WITH MNDOT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5 -0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE STAFF TO SIGN AGREEMENTS WITH ADJACENT PROPERTY OWNERS FOR THEM TO USE THEIR WATER FOR IRRIGATION PURPOSES AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5 -0. • MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS TO COMPLETE LANDSCAPING WORK AS PROPOSED IN THE STAFF REPORT. MOTION CARRIED 5 -0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE STAFF TO HIRE IRRIGATION CONTRACTOR AT A COST NOT TO EXCEED $10,700 AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5 -0. 8.4 Main Street and Highway 169 Entrance Signage Mr. Barnhart presented the staff report. Councilmember Motin didn't feel the sign should be placed in the location suggested, noting that it's quite a ways into the city limits before the sign announces that you're in Elk River, similar to the entrance sign on Highway 10 near Lake Orono. He also stated he didn't like the looks of the sign as proposed. Councilmember Zerwas felt the sign looked like Scrabble letters or Stonehenge. He agreed with Councilmember Motin's comments. The intersection improvement makes sense and he liked the idea of placing another monument sign at another entrance of the city, but would prefer that it also look like something similar to the Lake Orono monument. He was not in favor, however, of the proposed location of the sign. • City Council Minutes August 20, 2012 Page 6 Mayor Dietz noted that location of the sign is fairly close to the entrance of the city. He would like an entrance sign placed in the proposed location but would prefer it look similar • to the Lake Orono monument. Councilmember Gumphrey stated he would like a sign at the proposed location but would like to see more options before making a final decision. Council directed staff to come back to council with more signage options. 8.5 Resolution Supporting State Enforcement of MS 473.848 (Restrictions on Disposal of Metro Mixed Municipal Solid Waste) Ms. Haug presented the staff report. She stated in 1985, the State of Minnesota passed legislation allowing enforcement of placing restrictions on the disposal of unprocessed mixed municipal solid waste generated in the metropolitan areas, but the MPCA was not enforcing the rule. They are asking for cities to comment and show support of prompt enforcement of this law. MPCA has been working with metro communities to revise and update their county's solid waste plans that are currently in place, allowing them to direct the waste to an RDF plants rather than a landfill. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 12 -45 SUPPORTING STATE ENFORCEMENT OF §473.848 BY THE MINNESOTA POLLUTION CONTROL AGENCY RESTRICTING DISPOSAL OF UNPROCESSED MIXED MUNICIPAL SOLID WASTE GENERATED IN THE METROPOLITAN AREA FROM BEING LANDFILLED. MOTION CARRIED 5 -0. • 8.6 Public Presentation Policy Mr. Portner presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE PUBLIC PRESENTATION POLICY AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5 -0. 9. Announcements There were no announcements. The Council recessed at 7:45 p.m. and reconvened in worksession at 7:53 p.m. 10.1 Budget Worksession The Equipment Replacement Fund budget was reviewed by Mr. Simon and various staff. Staff from the Community Development Department and Fire Department reviewed their requested budget and goals. Mr. Simon reviewed the Revenues and Expenditure summaries. Mr. Portner asked council about the maximum levy for approval on September 4, 2012. • City Council Minutes Page 7 August 20, 2012 ----------------------------- Council consensus was to bring the maximum levy at the same total as last year. • --------------------------- Mr. Portner informed the Council that a request for bids was issued for the Backbone Fiber Optic Ring. More information will be available at the September 4, 2012, Council meeting. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:37 p.m. Minutes prepared by Jennifer Johnson. J n j. ietz, May Tina Allard, City Jerk • •