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12-10-2012 CCM MEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE CITY OF ELK RIVER(UPPER TOWN CONFERENCE ROOM) MONDAY, DECEMBER I0, 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 Engineer Justin Femrite,Engineering Technician Dan Belair,Police Captain Ron Nierenhausen,Parks and Recreation Director Michael Hecker,Fire Chief T.John Cunningham,City Attorney Peter Beck,and Executive Secretary/Deputy City Clerk Jessica Miller 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 The Pledge of Allegiance was recited. 3. Consider Council Agenda • Councilmember Motin added discussion on the Ward 1 Council appointment process after open forum. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. NOVEMBER 19,2012,REGULAR MEETING MINUTES. 4.2 HIRE AMY BERGLUND AS A PART-TIME COMMUNITY SERVICE OFFICER 1 BEGINNING AT PAY GRADE 2,STEP A. 4.3. RESOLUTION 12-69 LEVYING SPECIAL ASSESSMENTS FOR PRIVATE UTILITY LINE REPAIRS. MOTION CARRIED 5-0. 5. Open Forum No one appeared for open forum • City Council Minutes Page 2 December 10,2012 6. Work Session 6.1. Refunding the General Obligation Bonds.Series 2007B II/ Mr. Simon presented his staff report.Mark Ruff from Ehlers&Associates was also present to answer questions. Consensus of the Council was for the resolution to be brought back for formal adoption at the next meeting. 6.2. Review Private Utility Connections and Financing Mr. Femrite presented his staff report.He reviewed the draft ordinance with the Council. Councilmember Motin questioned if the city is notified of sales.Mr.Beck stated that the ordinance would be recorded against the affected properties and that would require the city to be notified upon a sale. As it relates to the Highland Road assessments,Council consensus was to set the trunk/lateral assessment at$15,000 and to waive the 3%interest that has been incurred since 2006 if the residents take advantage of this financing program within the three year time period. Marc Macomber,property owner in the Highland neighborhood, stated that the septic system failed at rental property he owns on Oxford and he would like to take advantage of this financing offer.He added that his is an emergency situation as the septic has to be pumped frequently or it will fail and he would like to hook-up to city water and sewer as • soon as possible.He questioned if he could begin the process immediately and still qualify for the financing. Mayor Dietz stated that the Council does not take formal action during work sessions and asked if staff could work with Mr.Macomber in the meantime. Mr. Femrite explained that the SAC and WAC fees are due at the time of permit approval so the financing would have to be approved prior to the work beginning. A gentleman was in the audience who is in the process of purchasing a home in the Highland area and he is also interested in hooking up to city water and sewer and taking advantage of the financing offer. Mr.Portner explained that the policy to not take action at work sessions is an internal policy. He stated that if the Council is comfortable with the ordinance as presented and wanted to expedite the process in light of the current urgent situation,the ordinance could be adopted at this meeting. Mr.Femrite stated that a notice will be mailed out to all affected property owners once the ordinance is adopted. Mr.Beck clarified that according to current policy,any amount over$5,000 requires City Council approval in which the Council has full discretion. • City Council Minutes Page 3 December 10,2012 Consensus of the Council was for the ordinance to require connection to municipal services • at the time of failure of either the existing septic system or well or when the property is sold, whichever comes first. Councilmember Motin voiced concerns with taking formal action during work sessions and added that although he will vote in favor of this request because it is an emergency situation, he would like to stick with the policy of not taking formal action during work sessions in the future. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 12-17 AMENDING CHAPTER 78,ARTICLE I,DIVISION 1 OF THE ELK RIVER CODE OF ORDINANCES,WHICH PROVIDES FOR PAYMENT AND ASSESSMENT OF THE COSTS TO CONNECT AND REPAIR PRIVATE UTILITY LINES,AS WELL AS THE ASSOCIATED PETITION AND WAIVER AND POLICY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 12-18 AMENDING SECTIONS 78-21 AND 78-97 OF THE ELK RIVER CODE OF ORDINANCES,REQUIRING CONNECTION TO THE PUBLIC WATER UTILITY AND THE PUBLIC SANITARY SEWER SYSTEM.MOTION CARRIED 5-0. The Council directed staff to briefly discuss tonight's direction on this issue at the next televised Council meeting. 111 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO WAIVE THE INTEREST ON THE HIGHLAND PROJECT AREA HOLDING THE AMOUNT OF THE ASSESSMENT AT$15,000 FOR ALL CONNECTIONS MADE WITHIN THE NEXT THREE YEARS AND FOR THOSE PROPERTIES THAT DELAY CONNECTION PAST DECEMBER 31,2015,TO BE CHARGED THE$15,000 ASSESSMENT WITH ACCRUAL OF AN ANNUAL 3% INTEREST CHARGE TO BE CALCULATED BEGININNING IN 2006. Councilmember Zerwas questioned if the Macomber's would be required to wait for Council approval after their petition is filed because the amount exceeds $5,000.Mr.Beck indicated that the policy as adopted does require City Council approval for amounts exceeding$5,000. He added that because Mr.Macomber has an emergency situation,the Council could approve staff to accept a petition from Mr.Macomber for up to$40,000.He added that the Council could include an exception in the policy for emergency cases if they wish. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE FINANCING UP TO $40,000 FOR THE PETITION OF MARC MACOMBER.MOTION CARRIED 5-0. 6.3. Quiet Zone Discussion Mr.Femrite presented his staff report.He reviewed a PowerPoint outlining three potential options for City Council consideration including: doing nothing,establishing a citywide quiet • zone,and implementing a quiet zone using alternatives such as wayside horns. City Council Minutes Page 4 December 10,2012 Mr.Femrite also reviewing some funding options including general tax levy,assessment, • franchise fee,and fundraising drive. Discussion took place on the various options. Councilmember Zerwas stated he would like to seriously look at the wayside horn option. He stated that wayside horns more economically feasible and he has heard positive comments from residents of Andover,where wayside horns have been installed.He would also like to see the County Board get involved with the county road crossings. Councilmember Motin indicated that the Council has discussed quiet zones many times before and nothing has changed since the last discussion.He stated the railroad crossings have been in place for over 150 years and he is not convinced it is a major concern for a majority of residents.He added that he lives near a railroad crossing and the train horns do not bother him.He explained that he doesn't believe the benefit is worth the expense of implementing full quiet zones but that wayside horns may be an option.He liked the idea of fundraising to supplement city funds.He would also like to see Sherburne County and Northstar get involved. Councilmember Westgaard indicated that train traffic has increased in the last few years and he believes this issue is at least worth exploring.He added that this issue would need to be discussed with Sherburne County and Great River Energy.He questioned if there have been any negative impacts as the result of quiet zones. Councilmember Zerwas indicated it is important to have the chief of police involved in discussions as well. Councilmember Gumphrey stated he would like staff to investigate whether or not wayside • horns are a good option.He indicated that he doesn't believe the crossings downtown would need to be done since they will be improved as part of the future Highway 10 plan and that it may not be necessary to implement a quiet zone at the Jarvis crossing either. He added that he doesn't believe fundraising would be effective as it hasn't been successful in the past. Mayor Dietz explained that he has been getting inquiries on quiet zones since he was elected. He indicated that he doesn't believe the city can afford to implement full quiet zones but he is interested in the wayside horn option.He agreed that the city should approach Sherburne County to discuss the county road crossings and the City of Ramsey to discuss the Jarvis crossing. Consensus of the Council was for staff to thoroughly research the wayside horn option and report back to the Council. The Council also asked that staff have conversation with Sherburne County and BNSF Railroad.Mr.Femrite indicated he has discussed this issue with county staff and believes any future discussions with the county are best suited at the County Board level. The Council directed staff to schedule any future Council discussions in advance to allow notice to appear in the Star News so the public is aware. 6.4. Fire Service Task Force Strategic Plan Update Mr. Cunningham reviewed a PowerPoint presentation outlining the Fire Service Task Force Strategic Plan.He stated that task force members Firefighter Dave King,Police Captain Ron • City Council Minutes Page 5 December 10,2012 Nierenhausen,and Centennial Fire Chief Jerry Streich were present. Chief Cunningham 110 noted that the plan will be brought back for formal approval in January. Mayor Dietz thanked the task force for all their hard work. 6.5. Consider Update to Personnel Policy for Liquor Store Part-Time Staff Mr.Simon presented his staff report. Consensus of the City Council was for this item to be brought back for formal approval at the next meeting. 6.6. Council Open Forum Mayor Dietz indicated he would like a report from environmental staff on what happened with the single-sort recycling.He explained that Elk River Municipal Utilities was flooded with calls and their staff spent a ton of customer service hours on this issue. Councilmember Zerwas agreed adding that he believes the confusion was in the communication to residents. Councilmember Motin stated that he believes the most confusing part was that residents received their carts prior to instructions. He added that any time change is implemented there will be confusion but people will figure it out. Mr.Portner explained that instructions were supposed to be attached to the cans but Randy's Sanitation pulled their literature prior to delivery because of a misprint and mailed • their information separately.He added that the city also sent out instructions and a schedule for the single-sort but that was delayed because of an equipment malfunction with Elk River Printing. He stated he will investigate and report back to the Council. 6.7. Council Appointment Process Councilmember Motin explained that he doesn't believe the appointment process timeline included in the packet allows ample time for the Council to consider applicants. He stated that swearing someone in on February 17 may be a more appropriate timeframe. Councilmember Westgaard indicated that the schedule could be published with a footnote that it is subject to change. Mr.Portner stated that once the number of applicants is determined,additional time can be built in to the timeline to allow the Council time to deliberate if necessary. Mayor Dietz indicated that he believes all dates through January 22 are set. He added that if the Council is not prepared to make a decision to narrow down the candidates on January 22,all dates could be pushed back a week.He stated that one public forum may be sufficient. Mr.Portner indicated that is at the discretion of the Council. Councilmember Motin questioned to what extent the applicants should be campaigning directly to current councilmembers.Mr.Portner explained that he isn't sure if the Council can prohibit anyone from contacting them directly,but he will check with colleagues who have gone through this process to see how it has been handled.Mr.Beck clarified that there City Council Minutes Page 6 December 10,2012 is no prohibition on applicants contacting councilmembers one on one;however,if the Council wishes, direct contact could be discouraged. • Mayor Dietz would like to publish the application deadline in the newspaper immediately leaving the remainder of the timeline open to change.He would like to see how many candidates before firming up the schedule. Consensus of the Council was that they agreed with the appointment schedule as presented with the appointment being considered on February 4. 7. Announcements Mr. Portner stated that there will be a closed session to discuss labor negotiations for LELS #231 and#271 on December 17,2012,at 5:30 p.m. Mr.Beck explained that he is transitioning into his own practice at the beginning of the year. He further explained that he has made arrangements with another law firm to provide back- up for him and to provide additional assistance as needed. 8. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:41 p.m. Minutes p -eared by essica Miller. + IP 1 / 1 h. J. nJ i tz, ., Tina Allard,City Clerk S