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4.1. DRAFT MINUTES 02-04-2013 DDAATU MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY,JANUARY 7, 2013 Members Present: Mayor Dietz, Councilmembers Zerwas,Westgaard,Burandt, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon, City Engineer Justin Femrite,Director of Economic Development Annie Deckert,Assistant Director of Economic Development Clay Wilfahrt, Police Chief Brad Rolfe,Police Captain Bob Kluntz,Fire Chief John Cunningham, Street Superintendent Mark Thompson, and City Clerk Tina Allard 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. Oath of Office Ms. Allard administered the oath of office for Councilmember Ward 2 and 3. 4. Consider Council Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 5. Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 5.1 MINUTES. • DECEMBER 10,2012 WORKSESSION • DECEMBER 17,2012 CLOSED • DECEMBER 17,2012 REGULAR 5.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 5.3 RESOLUTION 13-01 DESIGNATING DEPOSITORIES OF CITY FUNDS. 5.4 DESIGNATE THE STAR NEWS AS THE CITY'S OFFICIAL NEWSPAPER FOR LEGAL NOTICES. City Council Minutes Page 2 January 7,2013 5.5 APPOINT MAYOR JOHN DIETZ AND FINANCE DIRECTOR TIM SIMON TO THE FIRE RELIEF ASSOCIATION BOARD WITH TERM EXPIRATIONS OF JANUARY 6,2014. 5.6 MASSAGE THERAPIST LICENSE TO KRYSTAL KOMULA TO WORK AT BELA SALON VALID UNTIL DECEMBER 31, 2013. 5.7 RESOLUTION 13-02 FOR MAINTENANCE AGREEMENT WITH WRIGHT COUNTY FOR PARRISH AVENUE BRIDGE. MOTION CARRIED 5-0. 6. Open Forum No one appeared for open forum. 7.1 Councilmember Zerwas Recognition Councilmember Zerwas expressed sincere thanks to the City Council and staff for their work during his years in office.He noted he would be available for any assistance at the legislative level to help enhance Elk River. The Council thanked Zerwas for a tremendous job and his heavy involvement in the community.They noted he will be missed but are glad to have someone at the legislature who can help represent Elk River. Mayor Dietz read and presented a plaque to Councilmember Zerwas. 8. Public Hearings There were no public hearings. 9.1 2013 Street Improvement Feasibility Report Mr. Femrite introduced Consultant Jason Wedel from WSB &Associates. Mr.Wedel gave a presentation on the feasibility report for the proposed 2013 Street Improvement Project. He reviewed core samples,the need to do this project,costs, assessments to property owners, funding,and the project schedule. There was discussion on if this projects needs to move forward at this time when the Council is in the middle of discussing whether to implement franchise fees for street improvements.Mr. Femrite noted staff needs to move forward with the steps detailed in the 429 process to meet legal requirements in order to have this project ready for the 2013 construction season. Councilmember Westgaard questioned if there were mechanisms in place for future projects to make sure the depth and quality of the pavement core will be correct and whether a traffic study was completed for the mini roundabout to see if it could handle the traffic load and some of the larger equipment vehicles. Mr. Femrite stated traffic volumes and sizing was reviewed for the mini roundabout. He stated this type of roundabout is meant to fit in tighter areas that are already established in order to help minimize the impact on surrounding properties. The center median is City Council Minutes Page 3 January 7,2013 designed for truck trailers and larger vehicles to have their wheels cross onto the slightly raised center median area. Council expressed concern with the disparity of the proposed assessment costs. Staff was directed to prepare a grouping of the projects based on the type of project that will be completed. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER BURANDT TO ACCEPT THE FEASIBILTY REPORT FOR THE 2013 STREET IMPROVEMENT PROJECT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 13-03 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING IN THE MATTER OF THE 2013 STREET IMPROVEMENT PROJECT. MOTION 5-0. 9.2 Appointment of Acting Mayor Mayor Dietz suggested Councilmember Westgaard be appointed acting mayor because Ward 1 is vacant and Councilmember Burandt is new to her position. Councilmember Motin stated he didn't disagree but would like the order to go back to its normal rotation the following year. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER BURANDT TO APPOINT COUNCILMEMBER WESTGAARD AS ACTING MAYOR FOR 2013. MOTION CARRIED 5-0. 9.3 Consider Council Appointments The Council made the following appointments: MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPOINT BURANDT AND MOTIN TO THE ADMINISTRATIVE HEARING BOARD (TO DECEMBER 31,2013). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPOINT WESTGAARD, BURANDT,AND MOTIN (ALREADY IS ON THE EDA WITH A TERM TO DECEMBER 31,2014) TO THE ECONOMIC DEVELOPMENT AUTHORITY(TO DECEMBER 31, 2016). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY MAYOR DIETZ TO APPOINT COUNCILMEMBER WESTGAARD TO THE ICE ARENA COMMISSION (TO FEBRUARY 28,2016). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPOINT MAYOR DIETZ TO THE ELK RIVER MUNICIPAL UTILITIES COMMISSION (TO FEBRUARY 28,2016). MOTION CARRIED 5-0. City Council Minutes Page 4 January 7,2013 MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER BURANDT TO MAKE THE FOLLOWING COUNCIL LIAISON APPOINTMENTS TO DECEMBER 31,2014. Dietz Ward 1 Westgaard Burandt Motin Heritage Preservation X Parks&Recreation X Commission Planning Commission X Library Board X Region 7W Transportation X Policy Board Councilmember Motin stated he would like a future worksession discussion on the role and purpose of the Council liaison because each member is performing the duties differently. 9.4 Consider Cable TV Monitor MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPOINT COUNCILMEMBERS BURANDT AND MOTIN AS THE CABLE MONITORS VALID THROUGH DECEMBER 31,2016. MOTION CARRIED 5-0. 9.5 Discuss Worksession Agendas Mr. Portner reviewed future worksession agendas.He noted the discussion on the Council liaison role would be tentatively added to the February worksession agenda. 10. Announcements Wlard 1 Vacancy Mr. Portner reminded Council the closing date is January 15. Staffing Mr. Portner welcomed new Community Operations Development Director Suzanne Fischer and further noted that Director of Economic Development Annie Deckert has resigned. Hockey Day MN Mayor Dietz stated Elk River is a finalist for Hockey Day MN for 2014. He discussed the partnerships and costs that could be involved along with the economic benefit it will provide to be hosting this event. He suggested forming a committee to work together on bringing the success of this event to fruition if the city is selected. City Council Minutes Page 5 January 7,2013 11. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 7:30 p.m. John J.Dietz,Mayor Tina Allard,City Clerk D DDDD MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY,JANUARY 22, 2013 Members Present: Mayor Dietz, Councilmembers Westgaard,Burandt, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner,Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Engineer Justin Femrite, Community Operations and Development Director Suzanne Fischer,Environmental Administrator Rebecca Haug,Parks and Recreation Director Michael Hecker,Recreation Manager Steve Benoit,Police Chief Brad Rolfe,Police Captain Ron Nierenhausen, City Attorney Peter Beck, and City Clerk Tina Allard 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 01/22/2013 Agenda Item 4.1,January 7,2013,minutes,was removed from this agenda. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.4 SOLICITOR LICENSE TO LUKE GILBERSON AND TODD BECKER, WITH CHARTER COMMUNICATIONS,VALID THROUGH DECEMBER 31,2013. 4.5 SOLID WASTE COLLECTION LICENSES TO THE FOLLOWING: 1. ACE SOLID WASTE 2. ADVANCED DISPOSAL (FORMERLY VEOLIA ENVIRONMENTAL SERVICES) 3. ALLIED WASTE SERVICES OF N.AMERICA(BFI) 4. ASPEN WASTE SYSTEMS, INC. City Council Minutes Page 2 January 22,2013 5. BUMBLE BEE EXPRESS 6. ELITE WASTE DISPOSAL 7. JIM'S MILLE LACS DISPOSAL, INC. 8. JME OF MONTICELLO 9. LEPAGE AND SONS 10. LLOYD'S CONSTRUCTION SERVICES 11. MAC'S ROLL-OFF SERVICE, INC 12. RANDY'S SANITATION 13. SHAMROCK DISPOSAL, INC. 14. STEINBRECHER COMPANIES 15. VEIT CONTAINER CORP 16. WALTER'S RECYCLING & REFUSE 17. WASTE MANAGEMENT INC. 4.6 RESOLUTION 13-04 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER(POLICE DEPARTMENT). 4.7 PURCHASE OF 2013 POLICE VEHICLES FROM THE STATE CONTRACT PER THE 2013 CAPITAL IMPROVEMENT PLAN: • THREE—CHEVROLET CAPRICE (POLICE PACKAGE SQUADS) - $26,134.65 EACH • ONE—CHEVROLET TAHOE (STREET APPEARANCE SQUAD) - $25,370.95 • ONE—FORD INTERCEPTOR UTILITY(POLICE PACKAGE) - $28,542.00 AND AUTHORIZATION TO SET UP AND EQUIP THE PURCHASED VEHICLES FROM BUDGETED FUNDS IN THE EQUIPMENT REPLACEMENT FUND. 4.8 MASTER LABOR AGREEMENT BETWEEN CITY OF ELK RIVER AND LAW ENFORCEMENT SERVICES (LELS) LOCALS 231 AND 271 FOR JANUARY 1,2013 TO DECEMBER 31,2015. 4.9 MASSAGE ESTABLISHMENT LICENSE RENEWAL TO AVALON SALON, 706 MAIN STREET,VALID THROUGH DECEMBER 31,2013 AND A MASSAGE THERAPIST LICENSE TO TARA LEFEBVRE TO WORK AT AVALON SALON VALID THROUGH DECEMBER 31,2013. 4.10 REQUEST FOR PROPOSAL FOR PROFESSIONAL INSURANCE AGENT OF RECORD SERVICES. 4.11 PAY EQUITY IMPLEMENTATION AND COMPLIANCE REPORTS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month-Mayor Dietz Mayor Dietz introduced,read,and presented a plaque to January Volunteer of the Month John Norgren. He provided the following background on Mr. Norgren's service within the city: ■ CAER food shelf volunteer o Recycling City Council Minutes Page 3 January 22,2013 • Carpentry • Handyman • Bread/produce delivery from various locations ■ 23 years on Big Lake Township Board ■ Active in and served on a variety of boards within his church ■ American Legion volunteer ■ City of Anoka volunteer Mr.Norgren accepted the recognition on behalf of all volunteers of CAER and thanked the Council. 6.2 Resolution Acknowledging Contribution by The Bank of Elk River Mayor Dietz read the resolution and presented the plaque to The Bank of Elk River. Mayor Dietz thanked John Babcock for the bank's support. Mr. Hecker discussed the upcoming summer schedule of events. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 13-05 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER (PARKS AND RECREATION DEPARTMENT).MOTION CARRIED 4-0. 7.1 2013 NPDES Annual Permit Update Ms. Haug presented the staff report. Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor Dietz closed the public hearing. No other action was required for this item. 7.2 Variance: Cornerstone Auto for Variance to City of Elk River Land Use Regulations, Section 30-870,C3 Highway Commercial District Regarding Signs, Case No.V 13-01 Mr.Barnhart presented the staff report. He noted the applicant submitted an email after the staff report went to Council.The email stated the applicant would be willing to remove two Mabindra signs in order to get the variance. He reviewed the criteria required to grant a variance.Mr.Barnhart outlined the Planning Commission's recommendation of denial. Mayor Dietz opened the public hearing. Steve Rohlfe,representing Cornerstone Auto-Stated he is requesting 212 square feet of signage. He stated his criteria for meeting the requirements are outlined in his memo in the staff report. He stated these are two different businesses and each should be allowed their own signage requirements and be required to be tied to each other. Mayor Dietz closed the public hearing. Councilmember Motin questioned if a separate business owner operating as an oil express would be an allowed use in this building. City Council Minutes Page 4 January 22,2013 Mr.Barnhart stated it would be Council's determination if it was subordinate to the principle use of the car dealership, Mr.Barnhart noted the applicant is asking for 484 square feet of signage but would only be allowed 400 square feet so he would need to modify his existing signage to meet the requirement if the Council views this business as having two occupancies. Mayor Dietz expressed concerns with the applicant coming back later and asking for more signage due to the signage history of this parcel. Mr.Barnhart noted this is also a concern of staff and it will depend on how the Council determines the conditions. Councilmember Westgaard questioned how much the total square footage of Mahindra signs were approved by the Council for the variance request last November. It was noted as 180 square feet. Councilmember Westgaard stated he sees this situation as multi-tenant space where each tenant gets 200 square feet of signage. However,if at any time in the future,this building turns into a single occupancy,then they would be limited to 200 square feet of total signage He further stated,with the understanding the Council views this as a two-occupant facility, the Mabindra sign and wall placard should be given up and the applicant allowed the total square footage of 484 square feet. Mr. Rohlf stated the car wash sign was legal at the time it was installed but the sign ordinance has since changed reducing the allowed footage for that particular sign. He stated this sign should not have to be reduced. Mayor Dietz stated the applicant is willing to give up the Mahindra signs but questioned what was to stop him from coming back later and asking for another car company's signage. Mr. Rohlf stated it is difficult to determine where business will be in 5 years. Attorney Beck clarified with staff that the applicant was granted a variance that gave him the fifth Mahindra sign. Mr.Barnhart stated that variance has since expired. Attorney Beck further stated the applicant doesn't have a fifth sign to give up and it would be difficult to set a condition in terms of wall signage on the main building because it would be permitted if it is a separate occupancy. He stated if the separate dealerships are allowed separate occupancy,the ordinance would allow 200 square feet per occupancy and it would be hard to enforce a condition that attempted to prevent a property owner from installing a permitted use signage. Mr. Rohlf stated it was not permitted signage because they needed a variance to get it. Mr.Barnhart outlined the history of this property in regard to signage. Attorney Beck stated if the Council finds 400 total square feet is appropriate for the building (because this is current ordinance),but they allow the applicant to keep his existing signage City Council Minutes Page 5 January 22,2013 of 272 square feet,then the applicant will have to reduce the size of the new sign or put up two new signs at 200 square feet each if the finding is made that this is two occupancies. Councilmember Motin stated he is not adverse to allowing the 272 square foot sign already installed and allowing an additional 200 square feet for the new sign due to its location to Highway 10 and 171st Avenue. He further stated he would like a condition added so the Mahindra type of signage can't come back. Councilmember Burandt stated it would seem appropriate to allow 200 square feet for the new sign if the Council views this as two separate occupants. She further questioned the Council about whether the 272 square foot existing sign is already grandfathered in. Councilmember Burandt stated she also has concerns with the Mahindra type signage. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE VARIANCE,CASE NO. V 13-01 WITH THE FOLLOWING CONDITION: 1. THAT THE APPLICANT WAIVES RIGHT TO THE PREVIOUSLY APPROVED SIGNAGE SPACE OSTENSIBLY FROM MAHINDRA DEALERSHIP AND ITS APPLICANT STATED EXPECTATION NOT TO INCREASE SIGNAGE SPACE IN THE FUTURE. Councilmember Westgaard asked for clarification of the motion. He stated his understanding is the variance request is not being granted as presented in the staff report but that the Council is allowing the existing 272 square foot sign for the car wash because it is grandfathered in (from before a previous sign ordinance amendment) and the Council is also granting a 200 square foot sign for the second occupancy(oil express) for a total of 472 square feet. All the Council agreed this was correct. Councilmember Motin further explained the applicant would meet the variance request due to the loss of square footage from the Mahindra signs and because the applicant will not be coming back in the future with a request for increased signage. MOTION CARRIED 3-1.Mayor Dietz opposed. Mr. Rohlf asked the Council to clarify the following: • Applicant gets 200 square foot of signage for the oil express business. • Applicant can't ask for additional signage but that won't preclude them in getting rid of some of their signage that was already approved. Councilmember Motin clarified that the applicant can't increase their signage. 7.3 Conditional Use Permit: Cornerstone Auto Resource for Motor Vehicle Specialty Shop at 17219 US Highway 10 NW,Case No. CU 13-01 Mr.Barnhart presented the staff report. Mayor Dietz opened the public hearing. City Council Minutes Page 6 January 22,2013 Steve Rohlf,representing Cornerstone Auto—Stated he would like to record the plat but has two issues with it: 1. Fees owed to the city are around$80,000 and he would like to implement a payment schedule. 2. Can the building permit for the oil express be issued,but not allowed to open,until the plat is recorded. Mayor Dietz closed the public hearing. Council questioned if it is legal for the city to work out a payment plan,the type of plan that would be allowed,and what enforcement mechanism would be in place. Attorney Beck stated it is unprecedented to have a payment plan and he is not sure how to enforce it because leverage would be lost once the plat is recorded and construction completed. He stated it may be possible to draw up a note. He stated he isn't prepared to provide an answer tonight because he would need to research the request,but most likely the city would have to enact a lawsuit in order to enforce a note if it went default. Councilmember Motin questioned if a condition could be added to the conditional use permit stating fees must be paid and failure to make payment is a breach of the permit, which would be cause for revocation. Attorney Beck stated it would be easier for the city to sue over a note then it is to revoke a conditional use permit. Mr. Rohlf asked if his property could be assessed and further asked Council to review payment options. He stated he would be open to the note option. Attorney Beck stated he doesn't believe the law would allow this type of a payment plan to be assessed against property. Councilmember Motin stated this plat has been unrecorded since 2006 and he would like to see it recorded. He stated requiring the $80,000 fee be paid at once when the applicant is doing a$15,000 improvement would be difficult to pay.He suggested spreading the payment out over four or five years.He stated he'd like to tie payment to a note and a condition to the conditional use permit specifically stating it is agreed to by the applicant that non- payment is a reason for revocation of the permit. He further stated he would like a deadline for the fees to be paid in full before the applicant could start on the expansion already approved by Council in November. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 13-01 AS ILLUSTRATED ON THE FLOOR PLAN DRAWING DATED NOVEMBER 26,2012, IN THE STAFF REPORT,WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE City Council Minutes Page 7 January 22,2013 HYDRANTS,AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY. 3. A SIGN PACKAGE IS NOT APPROVED. 4. THE PLAT SHALL BE RECORDED AND FEES PAID PRIOR TO RELEASE OF THE BUILDING PERMIT. 5. BUILDING PERMIT SHALL NOT BE ISSUED UNTIL THE PROPERTY HAS BEEN PLATTED. 6. PLAT BE RECORDED AND ONE-FIFTH OF THE APPLICABLE FEES BE PAID PRIOR TO RECORDING AND THE REST OF THE FEES BE SPREAD OUT OVER AN ADDITIONAL FOUR YEARS TO BE PAID NO LATER THAN COMMENCEMENT OF THE EXPANSION OF THE MAIN BUILDING PREVIOUSLY APPROVED AND DIRECT STAFF TO WORK ON A NOTE TO SECURE THE PAYMENT. Councilmember Westgaard and Mayor Dietz suggested continuing this item in order to give the city attorney time to review the payment option. Councilmember Westgaard stated for this specific situation he is open to looking at payment options but didn't want to make a habit of allowing people to plat property the ability to spread out their park dedication and storm water fees over the course of four to five years. He stated he is not comfortable voting on this motion without attorney review. Mayor Dietz further expressed concern with treating business different form each other and with establishing a precedent. He stated he is open to three to four years for spreading out payments,but five years is too long. Councilmember Motin withdrew his motion and the seconder was amendable to the withdrawn motion. Mr. Beck stated the number of years can be determined later but suggested a resolution of approval that lays out the conditions so there would be no misunderstandings. He stated this option would be unusual but he could also review other options and bring them back to Council for a policy consideration. He further stated the resolution would be recordable. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER BURANDT TO CONTINUE THIS ITEM TO FEBRUARY 4, 2013, WITH DIRECTION TO STAFF TO PREPARE A RESOLUTION OF APPROVAL, IF LEGALLY ALLOWED, FOR MAKING PAYMENTS OVER A CERTAIN NUMBER OF YEARS. Councilmember Motin stated this is a unique situation and he doesn't want to set a precedent. Council consensus is to include a condition that the fees be paid in full before the building permit is issued for the main building expansion. MOTION CARRIED 4-0. City Council Minutes Page 8 January 22,2013 7.4 2013 Master Fee Schedule Ms.Allard presented the staff report. Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor Dietz closed the public hearing. Councilmember Motin stated when special event permit fees are reviewed;the Parks and Recreation fees should also be looked at to make sure they are consistent with each other. 1. Ordinance Amendment Adopting the 2013 Master Fee Schedule MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 13-01 ADOPTING THE 2013 MASTER FEE SCHEDULE. MOTION CARRIED 4-0. 2. Resolution for Summary Publication of the Ordinance MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 13-07 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 13-01 AN ORDINANCE ADOPTING THE 2013 MASTER FEE SCHEDULE. MOTION CARRED 4-0. 8.1 Grant Application for Archaeological Dig at Bailey Point Ms. Haug presented the staff report. She noted the Heritage Preservation Commission and Parks and Recreation Commission recommended aproval of the grant. MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE STAFF TO MOVE FORWARD WITH APPLYING FOR A GRANT FROM THE MINNESOTA HISTORICAL SOCIETY FOR FUNDING TO CONDUCT AN ARCHEOLOGICAL SURVEY AT BAILEY POINT. MOTION CARRIED 4-0. 8.2 Skate Park Removal Mr.Leeseberg presented the staff report. He discussed safety,liability,and cost issues and presented pictures highlighting some of staffs safety concerns. Mike Niziolek,representing the Parks and Recreation Commission-Stated the Commission's goal is to involve youth in the community in this process and to develop positive relationships. Camden Sawyer,380 Third Street-Stated he was contacted by a skate company that creates parks who saw what was happening with the Elk River skate park who has stated a willingness to help create a new concept/design with a material such as concrete,which would last longer and be more cost efficient. Dave Anderson 14845 County Road 30-Asked skate park users in attendance if they had the opportunity to preserve the existing structure if they would be willing to volunteer labor. City Council Minutes Page 9 January 22,2013 He further asked Council to consider allowing removal of the materials that may have value and if they could be stored until a plan for another skate park could be evaluated and implemented. The park users were agreeable to helping out with removal of materials. Mr.Leeseberg asked Council for clear direction on the method for removal of the skate park. He noted the two methods will vary in labor and costs. Council consensus was to leave it to staff to determine if it is worth the effort to salvage any components of the play area. Councilmember Motin stated he is in favor of a committee for reviewing replacement options,but noted the city has a limited budget and the Parks and Recreation Commission has to review and determine its park priority list. Mayor Dietz stated he is glad to hear the skate park users have no objection to moving the location of the park to a different part of the city. Councilmember Burandt questioned Mr.Anderson as to what he was referring to in regard to taking down the skate park. Mr.Anderson stated if he was a skateboarder he would gather up his buddies to tear the park down for the city.He stated if staff was taking it down they might think it was not worth the effort to salvage,but he was hoping the volunteers would be willing to say they are willing to put in time to salvage the components if they think it is of any value to reconstruct. He stated this approach would have minimal costs,whereas another approach could cost up to $80,000 and he is not sure this volunteer group would have the resources to pull this together. Tom Sawyer,380 Third Street—Expressed concerns with the skate park being torn down and not having a replacement option in place. Mayor Dietz noted the park has to come down due to safety and liability issues and stated Council can't make any promises of the results regarding another skate park. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO DIRECT STAFF TO REMOVE THE SKATE PARK LOCATED AT LIONS PARK AND FOR STAFF TO LOOK AT MAINTAINING MATERIALS WHERE FEASIBLE. MOTION CARRIED 4-0. MOVED BY WESTGAARD AND SECONDED BY BURANDT FOR STAFF TO FORM A COMMITTEE WITH SKATE BOARD USERS TO DETERMINE POSSIBLE REPLACEMENT OPTIONS. MOTION CARRIED 4-0. 9. Announcements Special Econoruic DevelopruentAuthority Meeting for Bond Sale It was noted that more information may come forward in regards to having a special meeting of the EDA to approve a bond sale. Hockey Day,MN City Council Minutes Page 10 January 22,2013 Mr. Portner stated the Elk River community can host Hockey Day,MN in 2014.He asked for Council feedback on whether they want to go forward with participation in this event. He stated a committee would be formed to discuss logistics. He further noted there would be capital and budgetary costs along with some volunteer work. Council consensus was to host the event and the following was noted: • A great opportunity to highlight the community,local businesses,and organizations. • Concern with the amount of expenses that could be associated with the event. Would like to see budgets from other communities to get an idea of the cost of such an event. • Each entity involved would be expected to participate in sharing costs and work to be completed. Mayor Dietz stated he talked with Dr.Bezek who suggested to him that the city and school partner to share hockey board replacement costs. 10 Recess to Worksession The Council recessed at 8:14 p.m.in order to go into worksession.The Council reconvened at 8:20 p.m. 10.1 Franchise Fee Implementation for Pavement Management Program Funding Mr. Femrite presented the staff report and reviewed fee options. The Council discussed various scenarios and how property owners would be affected. Mayor Dietz asked how often the fee would change. Mr. Femrite stated there would be a periodic review of the fees which could increase or decrease depending on project costs. Mr. Femrite outlined the rebate process for property owners who have paid in for past assessed projects. Councilmember Motin expressed concerns with rental properties and who should get reimbursement (tenants/owners). Councilmember Westgaard questioned if there should be a public comment period. Mr. Femrite stated there is not a requirement for a public hearing but staff plans to advertise heavily to the community. Council consensus was to have an informational comment period. Mr. Portner stated a one page flyer could be mailed to customers. He noted this is a new fee but it is replacing another fee in order to make the payment process fair and equal for everyone. He further suggested sending mailings in water bills,the website,and local group presentations. He noted the timing will be important to establish due to the 2013 street improvement project. City Council Minutes Page 11 January 22,2013 Mr.Beck stated it would be good to establish a timetable early in the process in order make sure the timing of everything falls into place correctly. Mr. Portner stated staff will draft a communications plan Council consensus was to direct staff to do the following: 1. Review and re-negotiate franchise agreements with Centerpoint Energy. 2. Negotiate new franchise agreements with Connexus Energy and Elk River Municipal Utilities. 3. Draft franchise and franchise fee ordinance for Council consideration. 10.2 Review of Enforcement Policy on Phased Projects Mr.Barnhart presented the staff report. It was questioned how the parking lot was expanded onto the school district property when Mr.Briggs doesn't own it. Council consensus was to select Option 1. 10.3 Service Levels and Fees/Deposits for Special Events Ms.Allard presented the staff report. Council expressed the following: • Collect damage deposits from all groups. • More enforcement of conditions needed to protect public property. • Should the Parks and Recreation Commission be waiving some of their fees? • A fee should be charged for a money making event versus a community gathering type of event. • Staff directed to look at a fee structure and policy options. • Staff to include the Parks and Recreation Department to make sure fees are consistent. Council consensus was to have more enforcement on the special events. 10.4 Ward 1 Council Vacancy Appointment Mr. Portner presented the staff report. Council consensus was to accept the timeline for filling the vacancy with the exception that the citizen forum schedule be moved to 9:00 a.m. 11. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:50 p.m. City Council Minutes Page 12 January 22,2013 John J.Dietz,Mayor Tina Allard,City Clerk