05-13-2013 CCM• •, 001MV.
MONDAY,
Members Present: Mayor Dietz, Councilmembers Burandt, Motin, Westgaard, and
Wilson
Members Absent: None
Staff Present: City Administrator Cal Portner, Finance Director Tian Simon, Parks and
Recreation Director Michael Hecker, City Clerk Tina Allard, Community
Operations and Development Deputy Director Jeremy Barnhart, Chief of
Police Bradley Rolfe, Fire Chief T. John Cunningham, City Attorney Peter
Beck, and Executive Secretary /Deputy City Clerk Jessica Miller
Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 6:39 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
Consider Council A eg nda
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION
CARRIED 5 -0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1. MAY 6, 2013, CLOSED MEETING MINUTES.
4.2. MASSAGE THERAPIST LICENSE — LISA BARTEL, LITTLE
REJUVINATION STATION VALID UNTIL DECEMBER 31, 2013.
4.3. SPECIAL EVENT PERMIT FOR BROADWAY BAR AND PIZZA FOR A
CAR SHOW ON SUNDAY, MAY 19, 2013, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. THE TIRE BURNOUT EVENT IS NOT ALLOWED.
2. ON- STREET PARKING TO BE USED FOR CUSTOMERS ONLY.
ALL DISPLAY VEHICLES MUST BE CONFINED TO BROADWAY
BAR AND PIZZA PROPERTY.
3. 167TH AVENUE TO REMAIN OPEN TO TWO -WAY TRAFFIC.
4. LIQUOR IS ONLY PERMITTED INSIDE THE BUILDING AND
ON THE PATIO, AND STRICTLY ENFORCED BY BAR STAFF.
5. EXTERIOR SOUND SYSTEMS /MUSIC MUST COMPLY WITH
CITY NOISE ORDINANCE.
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May 13, 2013
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6.
APPLICANT MUST NOTIFY AREA RESIDENTS OF EVENT AND
ANTICIPATED INCREASE IN STREET PARKING.
7.
PRIOR TO DISPLAY, ALL TEMPORARY SIGNAGE SHALL
RECEIVE THE APPROPRIATE PERMIT.
8.
APPLICANT MUST CONTACT FIRE MARSHAL CLIFF
ANDERSON AT 763.635.1110 OR 763.238.3489 DURING EVENT SET
UP FOR A WALK -THRU INSPECTION OF THE PROPERTY TO
ENSURE PROPERTY ACCESSIBILITY TO THE BUILDINGS AND
ADJACENT PROPERTIES IS MAINTAINED DURING THE
EVENT.
9.
APPLICANT MUST PROVIDE PORTABLE TOILET FACILITIES AS
OUTLINED IN THE APPLICATION.
4.4. ELK RIVER LANDFILL COMPLIANCE BOUNDARY AND MPCA
PERMIT.
MOTION CARRIED 5 -0.
5. Oben Forum
Nettie Dubois, 17949 Naples Street NW — stated she has some concerns about the recent
enforcement of the city's sign ordinance relating to garage sale signs. She did not believe it is
fair for it to be at one employee's discretion as to what signs are removed. She would like to
see this item added to a future agenda.
Mayor Dietz suggested that Ms. Dubois meet with the fire chief and code enforcement
officer and if necessary, the fire chief could add this item to a future agenda for discussion.
6. Work Session
6.1. Discuss Acquisition of the Houlton Property
Mr. Hecker presented his staff report.
Steve Hobbs, Minnesota Director of the Conservation Fund — explained the Conservation
Fund typically purchases conservation land on behalf of an entity. The property is sold back
to the entity for the purchase price once adequate funding has been secured. He added that
if the Houlton property is purchased using identified funding sources, the main cost to the
city would be for maintenance of the property.
Councilmember Motin questioned if there would be restrictions on the property. Mr. Hobbs
explained that because it is anticipated that a Park Legacy Grant will be providing most of
the funding, the park would be required to be a regional park which supports more passive
types of recreation such as hiking and bird watching.
Councihnember Motin questioned if the park would be expected to have a playground. Mr.
Hobbs indicated there would be no expectation. He explained that the city would be
required to submit a proposed park plan and construction could be completed as time
allows.
Mr. Hecker noted that the Friends of the Mississippi have expressed willingness to continue
as long -term funding partners for this property.
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May 13, 2013
Page 3
Council consensus was for staff to continue moving forward with exploration of the
possible acquisition of the Houlton property and to work on development of a park concept
plan.
6.2. Sewer and Availability Charge Discussion
Mr. Barnhart presented his staff report. He explained that the water access charge (WAC) is
not addressed as it is set by Elk River Municipal Utilities and adopted as part of the city's fee
schedule. Ile indicated that staff is not recommending a reduction in sewer access charges
(SAC) at this point; however, flexibility in receiving payments could be considered.
Councilmember Motin questioned how the Laundromat in town was charged. Mr. Barnhart
indicated he believes they were assigned 23 units at 8 turns. Councilmember Motin also
questioned if using energy efficient appliances would affect the amount. Mr. Barnhart
explained that information supplied by the manufacturer is used in the calculations.
Councilmember Westgaard stated that the addition of laundry increases the SAC fees and
questioned if the original request to relocate the dry cleaners included laundry. Mr. Barnhart
explained that the plan for Nature's Dry Cleaners was reviewed three tunes and laundry was
not included in the first two plans.
Mark Leadens, owner of Nature's Dry Cleaners, explained that he is not asking for the city
to waive the SAC and WAC fees, he is just trying to get an explanation of how the fees are
calculated. He indicated that he does not believe that all of the washing machines will do
eight turns of laundry every day and believes two and a half turns per machine, per day, may
be more appropriate.
Mr. Barnhart mentioned that the City of Otsego has a program where the initial fee is based
on an estimation of water usage. The total usage is reviewed after three years and if the
actual usage is consistently less than what was estimated, the difference is refunded to the
applicant.
Mayor Dietz questioned if the city could implement a rebate program strictly for coin
operated laundry facilities. Mr. Beck indicated that the program could be written that way.
Discussion was held on various options for collecting SAC fees.
Mr. Leadens noted that he is not asking the city to review the entire free structure, just to
reduce the number of turns. He distributed a letter from the Coin Laundry Association as
well as some fee information from other cities.
Consensus of the Council was for staff to research programs similar to Otsego's and other
rebate -type programs and report back.
Mayor Dietz questioned how quickly staff can gather that information. Mr. Barnhart
indicated it will take some time to conduct research. Councilmember Motin noted that Mr.
Leadens could pay for the eight turns now and if the program is changed, Mr. Leadens could
receive a rebate if appropriate.
Mr. Portner indicated that there is a low interest loan program that is utilized by restaurants
to pay SAC fees and this could be an option. Mayor Dietz questioned if Mr. Leadens is
allowed to finance if that opens it up to everyone. Ml. Beck stated that staff could review
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May 13, 2013
Page 4
options. He also noted another option would be to phase in the machines and collect the
SAC fees as machines are phased in.
6.3. Service Levels and Fees /Deposits for Special Events
Ms. Allard presented her staff report and reviewed the draft policy.
Councilmember Wilson questioned whether or not the city can select which events are
publicized on the city's social media. Ms. Allard explained that the city must be fair and
cannot pick and choose which events are publicized. Consensus was to limit publicity of
special events to the community calendar on the city website.
The Council discussed requiring a $500 deposit for all events.
Debbi Rydberg, Elk River Area Chamber of Commerce, stated she liked the policy overall
and offered some changes she would like to see to the policy regarding in -kind services and
sponsorship requirements.
Ms. Allard stated that this policy will be brought back for formal approval at a future
meeting.
6.4. Review of Solicitor Ordinance
Ms. Allard presented her staff report. She noted that she will review a couple additional
changes with the city attorney and bring back for Council approval at a future meeting.
6.5. Communications Coordinator Position Description and Salary Range
Mr. Portner presented the staff report. He explained that the employee currently filling the
position does not meet the educational requirements outlined in the position description. He
recommended placing that employee at pay grade 6 until she is able to meet the educational
requirements.
Councilmember Wilson expressed concern with having someone in the position that does
not meet the educational requirements. Mr. Portner explained it is not uncommon for
someone to work into a position in municipal government and those people often become
successful in their positions. He indicated that if job requirements are not satisfactorily met
then it would become a performance issue.
This item will come back for approval at a future meeting.
6.6. Oven Forum
There were no items for discussion.
7. Announcements
There were no announcements.
City Council Minutes
May 13, 2013
8. Adjournment
Page 5
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:52 p.m.
Minutes prepared by Jessica Miller.
Tina Allard, City Clerk