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07-01-2013 CCM MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY,JULY I, 2013 Members Present: Mayor Dietz,Councilmembers Wilson,Burandt, and Motin Members Absent: Councilmember Westgaard Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon, Community Operations and Development Director Suzanne Fischer, Deputy Community Operations and Development Director Jeremy Barnhart,Director of Economic Development Brian Beeman,Assistant Director of Economic Development Clay Wilfahrt,City Engineer Justin Femrite, Environmental Administrator Rebecca Haug, and Senior Administrative Assistant 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 The Pledge of Allegiance was recited. 3. Consider Council Agenda Councilmember Motin asked that item 4.6 be removed for discussion. Mayor Dietz asked to add item 8.4 to discuss the recently unposed franchise fees. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WILSON TO APPROVE THE AGENDA WITH THE ABOVE-NOTED CHANGES. MOTION CARRIED 4-0. 4. Consent Agenda MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 JUNE 17,2013, CLOSED,AND JUNE 17,2013, REGULAR MEETING MINUTES. 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3A SPECIAL EVENT PERMIT FOR THE INDEPENDENCE DAY CELEBRATION ON JULY 4,2013,WITH THE FOLLOWING CONDITIONS: 1. NOTICE OF EVENT SHALL BE GIVEN TO AREA RESIDENTS AND BUSINESSES. 2. COMMITTEE SHALL PROVIDE GARBAGE AND RECYCLING THROUGH A PRIVATE CONTRACTOR.ANY DEBRIS IN THE City Council Minutes Page 2 July 1,2013 ----------------------------- PARK SHALL BE CLEANED UP IMMEDIATELY FOLLOWING THE EVENT. 3. THE COMMITTEE SHALL PROVIDE ENOUGH PORTABLE TOILET FACILITIES THROUGH A PRIVATE CONTRACTOR TO ACCOMMODATE THE EXPECTED ATTENDANCE.THE COMMITTEE WILL COORDINATE LOCATIONS FOR THE TOILET FACILITIES THROUGH THE PARK MAINTENANCE SUPERVISOR. 4. APPLICANT SHALL OBTAIN PROPERTY OWNER PERMISSION FOR USE OF ANY PRIVATE PROPERTY. 5. PROOF OF INSURANCE WITH MINIMUM COVERAGE LIMITS OF $1 MILLION AND THE CITY NAMED AS AN ADDITIONAL INSURED SHALL BE REQUIRED PRIOR TO THE EVENT. 4.311 SPECIAL EVENT PERMIT FOR SHERBURNE COUNTY AGRICULTURAL SOCIETY WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL PROVIDE GARBAGE CLEANUP IMMEDIATELY FOLLOWING THE PARADE. 2. SIGNS SHALL BE INSTALLED AT THE FOLLOWING LOCATIONS NO LATER THAN JULY 12, 2013: ® MAIN STREET AND MORTON AVENUE (ALERTING WESTBOUND TRAFFIC) ® WEST OF ORONO ROAD AT MAIN STREET AND JOPLIN STREET (FOR EASTBOUND TRAFFIC) ® ON JOPLIN STREET AT ORONO PARKWAY(ALERTING SOUTHBOUND TRAFFIC) ® PROCTOR AVENUE AND MAIN STREET (ALERTING SOUTHBOUND TRAFFIC) THE SIGNS SHALL STATE: MAIN STREET CLOSED JULY 19 6:30 P.M.-8:30 P.M. PARADE 3. APPLICANT SHALL PROVIDE PORTABLE TOILETS AND INFORM ALL PARADE STAFF OF THE LOCATION FOR THE TOILETS DURING PARADE STAGING. 4. APPLICANT SHALL ENSURE THAT ALL APPLICABLE FIRE CODES HAVE BEEN MET AND ALL TENTS SHALL BE INSPECTED BY THE FIRE MARSHAL.APPLICANT IS RESPONSIBLE FOR CONTACTING THE FIRE MARSHAL AT 763.635.1110 TO ARRANGE FOR INSPECTION. 5. APPLICANT SHALL PROVIDE THE ELK RIVER FIRE DEPARTMENT, DIVISION OF EMERGENCY MANAGEMENT, WITH A COPY OF THE EMERGENCY OPERATIONS PLAN TO INCLUDE, BUT NOT LIMITED TO,APPROPRIATE ANNEXES FOR SEVERE WEATHER. 6. ACCESS TO THE PUBLIC SAFETY COMPLEX,INCLUDING THE REAR ENTRANCE AREA, SHALL NOT BE OBSTRUCTED. 7. CANDY MAY BE HANDED OUT AT THE PARADE BUT IS NOT ALLOWED TO BE THROWN FROM MOVING OBJECTS. 4.4 INDEPENDENCE DAY EVENT DONATION FROM THE CITY OF ELK RIVER IN THE AMOUNT OF $5,000 TO BE TAKEN FROM COUNCIL CONTINGENCY. City Council Minutes Page 3 July 1,2013 ----------------------------- 4.5 PARKS AND RECREATION EQUIPMENT PURCHASE AS OUTLINED IN THE STAFF REPORT. 4.7 RESOLUTION 13-42 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY FOR THE 2013 ARCHEOLOGICAL DIG, HISTORY DAY,AND WATER TOWER RESTORATION AS OUTLINED IN THE STAFF REPORT. 4.8 PROCLAMATION OF JULY 31,2013,AS PUBLIC WORKS AND PARKS MAINTENANCE DAY. 4.9 ATTORNEY CIVIL SERVICES CONTRACT BETWEEN THE CITY OF ELK RIVER AND CAMPBELL KNUTSON,P.A. MOTION CARRIED 4-0. 4.6 Letter of Support Minnesota Housing Finance Agency Councilmember Motin stated he was not in favor of supporting the Elk River Station II project and therefore would not be voting in support of this letter. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE A LETTER OF SUPPORT TO THE MINNESOTA HOUSING FINANCE AGENCY FOR ELK RIVER STATION II AS OUTLINED IN THE STAFF REPORT.MOTION CARRIED 3- 1. Councilmember Motin opposed. 5. Open Forum Clifford Lundberg,400 Jackson Avenue,expressed his concern with the recently imposed franchise fee, stating his building has two electric meters;one for his office on the lower level,and one for rental units on the upper level of the building.Mr.Lundberg's electric statements reflect the$25 franchise for two meters.He questioned the reason for imposing this fee on the electric bill,and didn't feel it was right that the city be able to charge loin double just because he had two meters. Mayor Dietz stated he would look into this situation and he would contact Mr. Lundberg with a resolution. Glen Nord, attorney for Paul Krause, expressed his concerns with the short and long term future of Pinewood and wished to meet directly with the Mayor and members of the Council to discuss this item. Paul Krause, 18099 Judicial Way N., Lakeville,as prior owner of Pinewood Golf Course, expressed his feelings regarding some news he had recently received and wanted to meet directly with the Council. 6.1 Awards/Recognitions Mayor Dietz read aloud a letter sent by resident Casey Mahon,19631 Lowell Street NW, who commended Street Superintendent Mark Thompson and Street Department employees Mike Zappa,Denny Toth,Matt Miske,and Garrett Ott,with their customer service skills in assisting Mr.Mahon in fixing a significant problem of rain run-off on his property. Mayor Dietz thanked the Street Department employees for their excellent service. City Council Minutes Page 4 July 1,2013 ----------------------------- 7.1 Tax Abatement Application from Preferred Powder Coating Mr.Wilfahrt presented the staff report.Mikaela Huot from Springsted was available to - answer any questions the Council might have regarding Springsted's "but for"analysis. Mayor Dietz opened the public hearing.There being no one there to speak,Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WILSON TO APPROVE THE TAX ABATEMENT AND BUSINESS SUBSIDY CONCEPT FOR PREFERRED POWDER COATING, LLC,AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. 8.1 Houlton Farm Property Letter of Intent Mr. Portner presented the staff report. Steve Hobbs,representing The Conservation Fund (The Fund),was present to answer any questions the Council might have regarding the letter of intent. Mayor Dietz asked about a paragraph in the letter that states the city would reimburse The Fund for costs related to property acquisition. Mr. Hobbs explained that The Fund intended to obtain grants that would cover these costs. He stated since the property is currently for sale, they intended to proceed with obtaining a purchase agreement and then the Fund, along with the city,would submit an application for a grant from the Parks Legacy Fund for the balance of the costs associated with the land purchase. Mayor Dietz asked what the city's responsibility would be once the land is purchased by the city. Mr. Hobbs stated as part of the grant application, the city would submit their plan on what their intention would be for turning this property into a regional park. Councilmember Wilson asked what criteria was required for this area to be designated a regional park. Mr.Hobbs explained the criteria required for a regional park designation was determined by the size and location of the designated land,and recreational activities considered passive in nature, such as boating, fishing, and hiking. Fields designated for sports such as baseball and soccer would not be a passive activity. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE THE LETTER OF INTENT FOR THE HOULTON FARM PROPERTY AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. 8.2 Professional Services for Quiet Zone Diagnostic Study Mr. Femrite presented the staff report. City Council Minutes Page 5 July 1,2013 MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PROFESSIONAL SERVICES PROPOSAL FOR$10,000 FROM QUIET ZONE TECHNOLOGY,LLC FOR SERVICES ASSOCIATED WITH THE FINAL SELECTION AND ESTIMATING IMPROVEMENTS REQUIRED TO ESTABLISH A QUIET ZONE IN ELK RIVER AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. 8.3 Discuss Work Session Agendas i Mr. Portner stated he would like to review the initial implementation of the franchise fee in September in order to identify and resolve any challenges. He would also like to add a closed session at the July 15,2013,meeting to conduct the city administrator performance review. Mayor Dietz asked for an update on how staff is handling the telephone calls regarding the franchise fee. Mr.Portner stated front desk staff is explaining the policy and if the resident has more questions,either himself or the city engineer or finance director are also answering j questions.He stated it is staff's intention to have questions answered immediately. He said a few situations have been brought to their attention that weren't anticipated, situations such as Mr.Lundberg's,with properties having dual meters. He said staff will assess this and other situations and will proceed with the best way to handle them. He felt that two months should be a sufficient amount of time. Mayor Dietz stated he felt the process cumbersome for residents,who are currently paying an assessment and qualify for a rebate, to submit copies of their utility bills to the city at year end in order to receive the rebate. Mr. Portner explained that to properly reimburse property owners, the city needs to be invoiced by them to show the reason for the rebate. Mr. Femrite stated the idea behind having property owners turn in their rebates by a particular date was so that it would be more fluid for property owners to be reimbursed. He stated property owners will again be reminded in December by mail of the rebate process. 9. Announcements There were no announcements. The Council recessed at 7:25 p.m. and reconvened in worksession at 7:32 p.m. 10.1 Code of Conduct/Meeting Protocol Mr.Portner presented the staff report. He highlighted a few areas of change to the agenda and asked Council for feedback from the draft agenda included in the staff report. It was decided that the Council liaison updates would be on the first meeting of the month. I Councilmember Motin suggested,under item 9,Council Liaison updates,that an "other" category be included for such liaison committees as the Northstar Corridor,Region 7W, etc. He also suggested the meeting protocol bullet points would be helpful at the podium when the public speaks at meetings. City Council Minutes Page 6 July 1,2013 ----------------------------- Councilmember Burandt asked why the Planning Commission was not included in item 9. Mr. Portner stated it was likely because items handled at the Planning,Economic - Development, and Parks and Recreation Commissions are brought to the Council for final approval. It was the consensus of the Council to proceed using the new agenda template with the suggested changed. 10.2 Request for Proposal for Municipal Separate Storm Sewer Permit Ms. Fischer and Ms.Haug presented the staff report along with a PowerPoint presentation, outlining the Minnesota Pollution Control Agency permitting process requirements and the need for a Storm Water Pollution Prevention Plan. It was the consensus of the Council to proceed with a request for proposal to hire a consultant to complete the city Municipal Separate Storm Sewer(1\4S4) permit application. 10.3 Sign Request in Easement aeM's Auto—16854 Highway 10) Mr.Barnhart presented the staff report.Jerry Minor,property owner at 16854 Highway 10, applied for a sign permit to install a new free-standing sign. Upon review of the application, staff noted the sign location was being proposed in a road easement, and current city ordinance does not allow signs in road easements. It was not recommended to amend the ordinance to allow signs in road easements as the amendment would affect all road easements in the city,not just this one. It was also not recommended to vacate the road easement in question as the area is shown on the Focused Area Study (FAST)plan as a future frontage road,and this easement would be utilized during the implementation of the FAST plan. The question was raised if Mr. Minor is responsible for paying to have the sign moved when future road work requires it. If an agreement could be reached between Mr.Minor and the city,it would be ideal to record the agreement to track with the property should ownership change hands. It was the consensus of the Council for staff to work with the city attorney to draft an agreement between the city and 1\1r.Minor for Council to review at a future meeting, potentially on July 15,2013. 10.4 2014 Budget Discussion Mr. Simon presented the staff report. He reviewed the 2014 budget parameters and tax levy. He provided an overview in a PowerPoint presentation of the following: • Budget timeline • Levy Limits • Tax Levy • Consumer Price Index • Change in Net Tax Capacity • Pay and Benefits • State Aid • Transfer In • Levels of Service City Council Minutes Page 7 July 1,2013 ----------------------------- ® Estimated General Fund Revenues ® Use of Fund Balance Mayor Dietz stated he felt the budget process from last year went well. Councilmember Motin asked that Mr. Simon be sure to highlight the areas of savings for the sales tax and franchise fee as we review the budgets. Consensus was to follow the same process as last year. 11. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:51 p.m. Minutes Prepared by Jennifer Johnson J 0 n J. tz,M r Tina Allard, City Clerk