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03-05-2007 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 5,2007 Members Present: Acting Mayor Gumpbrey, Councilmembers Zerwas, Farber, and Motin Members Absent: Mayor Stephanie Klinzing Staff Present: City Administrator Lori] ohnson, Finance Director Tim Simon, Community Development Director Scott Clark, Police Chief] effBeohen, IT Coordinator Bob Pearson, and City Clerk Tina Allard 1. Call Meetin~ 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 Acting Mayor Gumpbrey. 2. Consider 02/05/2007 Ag;enda Ms. ] ohnson added the following to Other Business. . Request by Town of Hassan for Letter of Support MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent A~enda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. CHECK REGISTER. 3.2. HIRE ]AMES BECKIUS AS RECREATION ASSISTANT BEGINNING AT PAY GRADE 3, STEP A WITH A STARTING DATE OF MARCH 6, 2007. 3.3. ACCEPT RESIGNATION OF ENGINEERING TECH I CHRIS RICE AND AUTHORIZE STAFF TO BEGIN SEARCH FOR REPLACEMENT. 3.4. RESOLUTION 07-32 ESTABLISHING MUNICIPAL STATE AID HIGHWAYS. 3.5. RESOLUTION 07-33 REGARDING A MUNICIPAL STATE AID LOCAL ADVANCE. 3.6. 2007 AMENDMENT TO MCIT DRUG AND ALCOHOL TESTING PROGRAM PARTICIPATION AGREEMENT. 3.7. EXTEND THE HOURS OF TILLER CORPORATION'S CONDITIONAL USE PERMIT (CUP) WITH THE UNDERSTANDING THAT THIS CONDITION WILL BE CONSIDERED IN THE UPDATED CUP BY COUNCIL ON MARCH 19, 2007. City CouncirMinutes March 5, 2007 Page 2 MOTION CARRIED 4-0. e 4. Open Mike Dave Burandt, 19118 Tyler Street-Expressed concerns regarding the alignment of the proposed 193'" Avenue corridor. He submitted a letter to the city. Councilmernber Farber stated the design phase for 193'" Avenue is just beginning and that everything presented at this point to residents has been conceptual. Councilmember Gumphtey stated Mr. Burandt's concerns would be brought to the attention of Gty Engineer Terry Maurer. 5.1. MN Food Share Month Proclamation Ms. Allard read a proclamation for the month of March ro be designated as Minnesota Foodshare Month. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO PROCLAIM THE MONTH OF MARCH TO BE MINNESOTA FOODSHARE MONTH. MOTION CARRIED 4-0. 5.2. Consider Proposal for a Multi-Family Housing Development Project Requested by Dominium COl;J? for Housing Revenue Bond. Public Hearing e Mr. Clark stated the applicant is requesting authorization for the city to issue a 30 year tax exempt housing revenue bond in an amount of $2.5 million. He stated there would be no liability to the city for these bonds. Acting Mayor Gumphrey opened the public hearing. There being no one to speak to this issue, Acting Mayor Gumphrey closed the public bearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-34 APPROVING A HOUSING PLAN AND HOUSING PROGRAM AND APPROVING AUTHORIZING EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (BIRCHWOOD COURT APARTMENT PROJECT). MOTION CARRIED 4-0. 5.3. Resolution Concurring in the Action of the Board of Commissioners of the Public Utilities Commission of the Cily of Elk River Minnesota in Providing for the Issuance and Sale of $2875000 Electric Revenue Bonds Series 2007A Mark Ruff with Ehlers and Associates reviewed the city's bond rating and the bid tabulations for the issuance and sale of the $2,875,000 Electric Revenue Bonds, Series 2007A, for a new substation and feeders for the city's municipal electric utility. He recommended the city accept the lowest bid from Cronin & Company, Inc. as they submitted the lowest interest rate on the bonds. e Acting Mayor Gumphtey stated he would abstain from this vote due to conflict of inrerest. e e e Gty Council Minutes March 5, 2007 Page 3 _w____________ MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCIIMEMBER MOTIN TO ADOPT RESOLUTION 07-35 ACCEPTING PROPOSAL AND CONCURRING IN THE ACTION OF THE BOARD OF COMMISSIONERS OF THE PUBUC UTIUTIES COMMISSION OF THE CITY OF ELK RIVER, MINNESOTA, IN PROVIDING FOR THE ISSUANCE AND SALE OF $2,875,000 ELECTRIC REVENUE BONDS, SERIES 2007A. MOTION CARRIED 3-0. 5.4. Bitner Conditional Use P..,.".,it Update Mr. Clark reviewed the request by a resident who felt the conditions for a Conditional Use Permit (CUP) for Mr. Bitner were not being followed and that Mr. Bitner has increased his business operations. Mr. Clark stated staff has met with Mr. Bitner and found he is meeting all the conditions of the CUP with the possible exception of stockpiling materials on his property, which is difficult for staff to monitor. Councilmernber Gumphrey questioned how it could be determined if business has increased. Mr. Clark stated because of the way the CUP is structured, Mr. Bitner would have had to acquire more equipment than what is listed on Exhibit A (submitted to the city on October 18, 2004). Dean Bitner, 10337 Twin Lakes Road-Stated he went beyond the CUP condition recommendations for screening by installing additional trees and a b=. He stated his business has not grown since the CUP was approved. He stated he averages between 1-2 trips.a day from the site. He stated he has had material stored on his property that is left over from previous jobs but it is a minor amount and is used immediately for his next proj ect. Councilmemher Motin asked Mr. Bitner not to stockpile any materials on his property. 5.5. Authorization to Purchase Police Department Software ChiefBeahen explained the LETG software the Police Department would like to purchase and how it would save department staff time, repetitive work, provide more ac=acy, along with numerous other features and savings. Mr. Pearson explained the technical and security aspects of the software. Mr. Simon discussed funding sources and options for the software purchase. CounciL-nember Motin stated he would prefer the funds come from the General Fund budget for tracking purposes of the Police Department budget. MOVED BY COUNCIIMEMBER MOTIN AND SECONDED BY COUNCIIMEMBER FARBER TO APPROVE THE PURCHASE OF LETG SOFTWARE AT A COST OF $232,797 WITH $60,000 FROM THE 2007 BUDGET AND THE BALANCE TO COME FROM THE CAPITAL OUTLAY RESERVE FUND WHICH MUST BE PAID BACK BY THE GENERAL FUND BUDGET WITH THREE YEARLY INSTALIMENTS OF $57,599. MOTION CARRIED 4-0. City Council Minutes March 5, 2007 Page 4 5.6. Discuss Energy Cit;y e MOVED BY COVNCILMEMBER ZERWAS AND SECONDED BY COVNCILMEMBER FARBER TO CONTINUE THIS ITEM TO THE MARCH 12,2007 WORKSESSION AGENDA. MOTION CARRIED 4-0, 5.7. Set Date for Mn/DOT Tour Ms. Johnson suggested some possible dates for the annual spring Mn/DOT tour. Councilmernber Motin stated May 7 would work best for hirn due to the tax season. The Council concurred to set the date for May 7, 2007. 5.8. Discuss Council Worksession Agendas Ms. Johnson reviewed the worksession agendas for March 12 and April 19. She stated the Public Works Master Plan may get delayed to April. She stated she is working on possible dates for the joint meeting with the school board. Acting Mayor Gumphrey stated he would like the city to discuss the possibility of an ordinance regulating berms. 6. Other Businegs e Request hI' Town of Hassan for Letter of Support Ms. Johnson stated the Town of Hassan is requesting the City of Elk River send a letter of support for funding for an interchange at 1-94 and Brockton Lane. She stated they are going to Washington D.C. to request funding and would like the letter to address legislators. She reminded the Council that Elk River's request for federal funding for Highway 10 is still ongOIng. Councilmember Motin expressed concerns with the City of Elk River competing for the sarne type of funds for road projects. He stated if Hassan gets their funding it will funnel more traffic to Elk River. Acting Mayor Gurnphrey and Councilmember Farber concurred. Councilmember Farber stated he is not against the project but would like to see the funding come to Elk River fIrst. Councilmernber Motin questioned if the Tinklenberg Group was moving forward with the Elk River funding request in the legislature for this year. She stated they are working on trying to get the city approximately $500,000 from the legislature. Acting Mayor Gumphrey stated he has been in contact with Elwyn Tinklenberg and they have set up meetings for him to meet with legislators in March. e e e e City Council Minutes Match 5, 2007 Page 5 7. Council Updates Thete wete no Council updates. 8. Staff Updates Thete were no staff updates. 9. Adioumment MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADJOURN THE MARCH 5, 2007 COUNCIL MEETING. MOTION CARRIED 4-0. / i'7i(?",~pm TIna Allard City Cletk