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04-15-2013 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 15, 2013 Members Present: Mayor Dietz, Councilmembers Wilson, Burandt, and Motin Members Absent: Councihnember Westgaard Staff Present: City Administrator Calvin Portner, Community Operations and Development Deputy Director Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, City Engineer Justin Femrite, Parks and Recreation Director Michael Hecker, Recreation Manager Steve Benoit, Community Operations and Development Director Suzanne Fischer, 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 4/15/2013 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WILSON TO APPROVE THE AGENDA. Mayor Dietz requested to pull Item 4.11, Hiring of Economic Development Director, from the Consent agenda. The maker and seconder of the motion were agreeable to pulling Item 4.11. MOTION CARRIED 4 -0 4. Consider Consent Agenda MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.3 FINANCIAL MANAGEMENT POLICIES AS OUTLINED IN THE STAFF REPORT. 4.4 RETAIL FIREWORKS LICENSE RENEWAL TO MENARDS IN ELK RIVER VALID UNTIL JULY 6, 2014, WITH THE FOLLOWING TWO CONDITIONS: City Council Minutes April 15, 2013 Page 2 1. TWO FIRE EXTINGUISERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE EXTINGUISHER MUST BE A WATER -BASED PRESSURIZED EXTINGUISHER. 2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.635.1110 AFTER THE DISPLAY IS SET UP FOR AN INSPECTION. 4.5 RESOLUTION 13 -18 CALLING FOR AN ASSESSMENT HEARING FOR THE 2013 STREET IMPROVEMENT PROJECT. 4.6 FIBER OPTIC INFRASTRUCTURE AGREEMENT WITH ELK RIVER MUNICIPAL UTILITIES. FIBER OPTIC INFRASTRUCTURE AGREEMENT WITH SHERBURNE COUNTY. 4.7 SUMMER OFFICE HOURS POLICY AS OUTLINED IN THE STAFF REPORT. 4.8 RESOLUTION 13 -19 SUPPORTING BEING A HOST SITE FOR MINNESOTA GREENCORPS MEMBERS THROUGH THE MINNESOTA POLLUTION CONTROL AGENCY. 4.9A CALL PUBLIC HEARING FOR 6:30 P.M. ON MONDAY, MAY 6, 2013, REGARDING FORGIVABLE LOAN APPLICATION FOR PREFERRED POWDER COATING. 4.913 CALL PUBLIC HEARING FOR 6:30 P.M. ON MONDAY, MAY 6, 2013, REGARDING FORGIVABLE LOAN APPLICATION FOR ALLLIANCE MACHINE. 4.9C CALL PUBLIC HEARING FOR 6:30 P.M. ON MONDAY, MAY 6, 2013, REGARDING FORGIVABLE LOAN APPLICATION FOR ORLUCK INDUSTRIES. 4.10 SPECIAL EVENT PERMIT TO ELK RIVER HIGH SCHOOL DECA /ALL NIGHT GRAD PARTY FOR A 5K RUN /WALK SCHEDULED FOR SATURDAY, MAY 4, 2013, WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN- UP IMMEDIATELY FOLLOWING THE EVENT. 2. WALKERS /RUNNERS ARE TO UTILIZE SIDEWALKS, TRAIL SYSTEMS, OR ROAD SHOULDERS THROUGHOUT THE ENTIRE ROUTE. NO ROAD CLOSURES WILL BE PERMITTED. IT IS EACH RUNNER'S RESPONSIBILITY TO ENSURE THE STREETS /INTERSECTIONS ARE SAFE PRIOR TO CROSSING. 3. THE APPLICANT SHALL DESIGNATE RACE MARSHALS TO MONITOR THE RACE ROUTE AND PARTICIPANTS. MOTION CARRIED 4 -0. 4.11 Hiring of Economic Development Director Mayor Dietz stated Council recently received anonymous information and he would like to hold off hiring Mr. Beeman for the director position until more background investigation could be completed. He stated he understands the information may have been sent by someone vindictively but felt staff should complete a more thorough follow -up on the information received before he would be comfortable hiring Mr. Beeman for this position. Councilmember Motin stated he discussed this matter with staff, who did complete some follow -up work and came up with no significant or proven legitimate information. He stated City Council Afilutes April 15, 2013 Page 3 Council should seek staff's recommendation on whether to move forward with the hiring. He further noted there is a probationary period outlined in the Personnel Policy. Councilmembers Wilson and Burandt concurred with Counciltnember Motin. Councilmember Wilson further stated he understood the concerns but felt a thorough interview process was conducted . Mr. Portner stated he made further inquiries to other cities and no further concerns arose from those conversations. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WILSON TO AUTHROIZE THE HIRING OF BRIAN BEEMAN AS THE ECONOMIC DEVELOPMENT DIRECTOR AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 3 -1. Mayor Dietz opposed. 5. Open Forum No one appeared for Open Forum. 6.1 Cit�T of Elk River Volunteer of the Month -Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to April Volunteer of the Month Margie Hudson. He highlighted some of her volunteering accomplishments: • Various work for United Methodist Church • CROP walk ® Keeps the city clean by picking up garbage 6.2 Oath of Office Chief Rolfe introduced the following: ® Police Sergeant Mayor Dietz administered the oath of office to Sergeant Brian Boos. ® Police Officer Mayor Dietz administered the oath of office to Patrol Officer William Koch. 7.1 Conditional Use Permit: Nature's Dry Cleaners to Amend Existing Conditional Use Permit for 927 Highway 10 to Allow Coin Laundry, Case No. CU 13 -04 Mr. Leeseberg 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. MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY COUNCILMEMBER WILSON TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 13 -04, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE PROPERTY OWNER SHALL RECEIVE ALL REQUIRED PERMITS FOR City Council Minutes April 15, 2013 Page 4 ANY BUILDING OR STRUCTURE MODIFICATIONS, INCLUDING ALL EXTERIOR SIGNAGE. 2. THERE SHALL BE NO OUTSIDE STORAGE. MOTION CARRIED 4 -0. 7.2 Conditional Use Perinit: Greg and Tera PhilliInpi to Allow Horses at 18776 Cleveland Street NW, Case No. CU 13 -05 Mr. Leeseberg 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. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 13 -05, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE PROPERTY OWNER SHALL RECEIVE ALL REQUIRED PERMITS FOR ANY BUILDING OR STRUCTURE MODIFICATIONS, INCLUDING ALL EXTERIOR SIGNAGE. 2. ADDITIONAL ANIMALS ABOVE ONE ANIMAL UNIT PER ACRE OF FENCED PASTURE LAND WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. A MINIMUM OF FIVE ACRES OF FENCED PASTURE LAND NEEDS TO BE PROVIDED. MOTION CARRIED 4 -0. 7.3 Conditional Use Permit: Franklin Outdoor Advertising to Convert Existing Billboard Sign to Electronic Changeable CopL(2- faced at 18115 Carson Street NW, Case No. CU 13 -03 Mr. Leeseberg presented the staff report. Councihnember Motin stated this digital type of billboard was discussed about six years ago and he recalls staff indicating that these types of billboards would not happen in Elk River due to city ordinances. Mr. Leeseberg stated there were changes with electronic changeable copy signage ordinances being an allowed use as a conditional use permit back when Sonic Restaurant and Cornerstone Auto applied for them. Mayor Dietz opened the public hearing. Keith Franklin, Franldui Outdoor Advertising - Stated the sign is in demand and is 100% occupied. He further noted he is available for questions. Steve Anderson, Franklin Outdoor Advertising - Noted past concerns with the quality of these types of signs and how they have evolved over the years. Mayor Dietz closed the public hearing. City Council Ai nutes April 15, 2013 Page 5 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WILSON TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 13 -03, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE PROPERTY OWNER SHALL RECEIVE ALL REQUIRED PERMITS FOR ANY BUILDING OR STRUCTURE MODIFICATIONS, INCLUDING ALL EXTERIOR SIGNAGE. 2. THE DURATION OF EACH DISPLAY SHALL NOT BE LESS THAN S SECONDS. 3. THE SIGN SHALL BE EQUIPPED WITH A MECHANISM THAT AUTOMATICALLY ADJUSTS THE BRIGHTNESS IN RESPONSE TO AMBIENT CONDITIONS. THESE SIGNS MUST ALSO BE EQUIPPED WITH A MEANS TO IMMEDIATELY TURN OFF THE DISPLAY OR LIGHTING IF IT MALFUNCTIONS. MOTION CARRIED 4 -0. 7.4 Resolution for Easement Vacation: Daniel Zdon to Vacate Existing Drainage and Utilit<T Easement Over Lots 4 -6, Block 4, Prestigious Woodland Hills, Case No. EV 13 -01 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. Dennis Olson, 12969 196th Lane - Homeowners Association President - Stated the Association's Board expressed concern with not having an opportunity to review this request. Sheldon Swenson, 12901 196th Lane - Stated concerns with the effect on other property owners and that the Association Board deserves the opportunity to approve this request prior to City Council approving it. Jan Bentley, 12887 1960, Lane - Concurred with the first two speakers and felt this request would have a big impact on the whole neighborhood. Dan Zdon, applicant — Discussed the lot split and how they will be more buildable for the homes he and his neighbor want to construct. Mr. Swenson stated because one lot is being eliminated the Board would be short on their assessments. Mayor Dietz closed the public hearing. Mayor Dietz asked for clarification from staff regarding what the Council is considering for action at tonight's meeting: lot split or easement vacation. Mr. Barnhart stated this is not a lot split, but rather a boundary line adjustment, which can be approved internally by staff per the zoning ordinance. He stated Council is considering the easement vacation. City Council Minutes April 15, 2013 Page 6 Attorney Beck reiterated I\ -. Barnhart's comments and further noted the issue of covenants is a civil matter between the property owners and not an issue for the city to become involved in. Council nember Wilson stated The Bank of Elk River is an owner of one of the lots so he would abstain from the vote. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13 -20 VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO, EV 13 -01. MOTION CARRIED 3 -1. Councilmember Wilson abstained. 7.5 Wastewater Treatment Facility Plan Mr. Femrite 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 further action was needed for this item. 8.1 Resolution Acknowledging Youth Sports to be Safe, Positive, and Fun in Elk River Mr. IIecker presented the staff report. Councihnember Wilson questioned the meaning of the phrase chaszging the culture. Mr. Hecker stated it means the city is not being reactive but rather will act proactively to keep the culture of youth sports good, growing, and for it to continue to have a positive feeling. He stated they want the community to keep feeling that youth sports are a place where adults help to keep it fun. Councilinember Wilson expressed concern because he wasn't aware there were deficiencies with youth sports. Mr. Hecker stated there are some in the community that think adults get too involved with the kids and don't make it fun for them. Mayor Dietz stated the Parks and Recreation Commission questioned the need for this language. He stated he felt it was letting the people who run youth sports know they have to follow the rules. Councilmember Motin stated he is okay with the language and noted there have been more adults getting involved and addressing some problems, such as safety issues (like concussion awareness). MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13 -21 OF THE CITY COUNCIL OF THE CITY OF ELK RIVER RECOGNIZING THE NEED TO CHANGE THE CULTURE IN YOUTH SPORTS. MOTION CARRIED 4 -0. City Council A inutes Page 7 April 15, 2013 8.2 Field Use Allocation Policv Mr. Hecker presented the staff report. Councilmember Motin suggested the following changes under XVII Allocation Review Process: • Section 1: both A and B need to be met. • Section 3: change the language where an individual "may" be asked to attend a review meeting to the individual "shall" be asked to attend the meeting. He further questioned the intent of Section 4 regarding how many Parks and Recreation Commissioners would participate on the review committee. Mr. Hecker stated at least one member would be on the review committee but there could be additional members involved. Mayor Dietz questioned if there were any city recreation programs currently running on any of the fields that this policy will apply to. He discussed the concerns of youth groups not being first priority in the policy. IVIi. Hecker stated no. Mayor Dietz suggested staff write a letter to youth organizations regarding the policy approval by Council and letting them know they won't expect a lot of change, and that staff will strive to give them the fields they need. He further stated it is up to staff to come to the City Council if they feel they need more fields for recreational programming. He stated he Ekes the appeal process outlined in the policy and commended staff for the process utilized to create this policy. Mayor Dietz noted the youth organizations are good corporate citizens and highlighted some of their contributions. Mayor Dietz would like for staff to have discussions with the Elk River Lions to figure out how to get more use out of Lions Park. Councilmember Motin stated, at this tine, there is no need to decrease the field use allocation to youth organizations. He also wants to make it clear that per the new policy, the city has priority over field use if there is a program they want to host. He stated the youth organizations may kick in some funds for new fields but the city spends millions of dollars on maintaining them. He stated he likes the way the policy is written and doesn't want some underlying items happening differently behind the scenes. He stated the needs of the city should not be put behind the wants /needs of the youth organizations. Mayor Dietz clarified that it is for the Council to decide if more fields are needed based on the programming needs of the city. Councilmember Motin stated that is true, but the city may not have funds for new fields so there may be some decisions to prioritize city programming on certain fields before scheduling the youth organizations. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE THE FIELD USE ALLOCATION POLICY TO BE EFFECTIVE BEGINNING JANUARY 1, 2014. MOTION CARRIED 4 -0. City Council Minutes Page 8 April 15, 2013 ----------------------------- 8.3 Resolution Acknowledging the Removal and Donation of Obsolete Playground Equipment Mr. Hecker presented the staff report. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13 -22 AUTHORIZING THE REMOVAL AND DONATION OF OBSOLETE PLAYGROUND EQUIPMENT. MOTION CARRIED 4 -0. 8.4 Implementation of a Franchise Fee to Fund the City Pavement Management Program Mr. Femrite presented the staff report. He reviewed minor modification made to the Connexus franchise ordinance and handed out an updated version. Mayor Dietz questioned if this franchise fee will decrease the amount taken from the General Fund for street repair. Mr. Simon stated approximately $$272,000 would be eliminated from the tax levy. Council discussed the billing and non - payment process, the rebate process, rate classifications, implementation process, and future communications to the community. Mayor Dietz questioned the audience for any comments. Jane Kiely, 14084 202nd Avenue — Thanked Council for considering this type of program and expressed her support for it. Mayor Dietz stated he talked with the city attorney earlier regarding a resident inquiry of whether a mechanism could be put in place to make sure the franchise funds collected couldn't be used for anything other than street repairs. Attorney Beck stated a sentence has been added to the purpose section of the fee ordinances but the Council can't tie the hands of future City Councils. Councihnember Motin suggested adding the following language: Section 12. 1: "if the company rejects the franchise or any amendment thereto, it shall proceed in accordance with Section 12. 2. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WILSON TO ADOPT ORDINANCE 13 -06 GRANTING TO CONNEXUS ENERGY, A MINNESOTA COOPERATIVE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN THE CITY OF ELK RIVER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AN TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES, AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO A PORTION OF THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF WITH THE FOLLWING AMENDMENT: City Council Minutes April 15, 2013 MOTION CARRIED 4 -0. Page 9 MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER BURANDT TO ADOPT ORDINANCE 13 -07 GRANTING TO ELK RIVER MUNICIPAL UTILITIES, A MINNESOTA MUNICIPAL UTILITY, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN THE CITY OF ELK RIVER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES, AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO A PORTION OF THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. MOTION CARRIED 4 -0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WILSON TO ADOPT ORDINANCE 13 -08 IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA. MOTION CARRIED 4 -0. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 13 -09 IMPLEMENTNG A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO, A NATURAL GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCE CORPORATION, A DELAWARE CORPORATION (" CENTERPOINT ENERGY ") FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF ELK RIVER, MINNESOTA. MOTION CARRIED 4 -0. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FRANCHISE REBATE FORM IN THE STAFF REPORT. MOTION CARRIED 4 -0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13 -23 AUTHORIZING A TRANSFER FROM THE STREET IMPROVEMENT RESERVE FUND TO THE PAVEMENT MANAGEMENT FUND. MOTION CARRIED 4 -0. Council further discussed how this approval will affect the 2013 Street Improvement Project. 8.5 Upgrades to the Evans, Westwood; and City Hall Lift Stations Ms. Fischer presented the staff report. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE QUOTE FROM ELECTRIC PUMP COMPANY TO UPGRADE THE EVANS, WESTWOOD, AND CITY HALL LIFT STATIONS. City Council Minutes April 15, 2013 MOTIN CARRIED 4 -0 9. Announcements Page 10 Pledge ofAllegiance Mayor Dietz requested that all boards /commission add the Pledge of Allegiance to their meeting agendas. Councilmember Motin stated he doesn't feel the Council should mandate for commissions to perform this and doesn't like to enforce speech on others. IIe suggested making a recommendation to them to consider adding it to their meetings. Council consensus was to make the recommendation. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:17 p.m. t etz, Mayor Tina Allard, City - -Ierk