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08-06-2007 CC MIN . ME~TING OF THE ELK RIVER CITY COUNCIL . HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 6, 2007 Members Present: Acting Mayor Gumphrey, Councilmembers Zerwas, Farber, and Motin Members Absent: Mayor Klinzing Staff Present City Administrator Lori Johnson, Finance Director Tim Simon, Police Chief Jeff Beahen, Administrative Captain Bob Kluntz, Environmental Jt..dministrator Rebecca Haug, Public Works Director Terry Maurer, and City Clerk Tina Allard 1. Call Meeting To Qrder Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:35 p.m. by Acting Mayor Gumphrey. 2. Consider 08/06/4007 Agenda Councilmember Motin removed Item 3.3. from the Consent agenda. . MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES. · 07/0'/07 · 07 /1~/07 3.2. CHECK REGISTER. 3.4. AGREEMENT BETWEEN CITY OF ELK RIVER AND INDEPENDENT SCHOOL DISTRICT NO. 728. 3.5. ADOPT RESOLUTION 07-67 AUTHORIZING EXECUTION OF SAFE AND SOBER COMMUNITIES GRANT. 3.6. ADOPT RESOLUTION 07-68 ACKNOWLEDGING CONTRIBUTIONS TO THB CITY OF ELK RIVER FOR THE ARCHEOLOGICAL DIG 3.7. TH 169 tJPDATE. 3.8. PLACEMENT OF STREET DIVISION OFFICE ASSISTANT POSITION DESCRIPTION AT PAY GRADE 3 AND HIRE CONNIE SCHWECKE TO FILL THE POSITION. MOTION CARRIED 4-0. . 4. Open Mike . City Council Minutes August 6, 2007 Page 2 No one appeared for Open Mike. 3.3. Amendment to the Agreement between Elk River Fire & Ambulance and the Cit;y of Elk River Councilmember Motin questioned why the term of the 99 year lease term begins in January 2012 (when the loan is paid off) rather than when the Ambulance Service will start occupying the building. Ms. Johnson stated the Ambulance Service has requested to begin the term in January 2012. She stated the Council could change the date of when they enter into the agreement. Councilmember Motin stated the way the contract is written it shows there is not a lease agreement unti12012. He stated the loan agreement doesn't give the Ambulance Service the ability to be on the premises. Ms. Johnson stated the lease states it begins immediately but the Ambulance Service wanted more of a guarantee that the lease will last longer. She stated it could be changed back to start from the original date of November 8, 2005. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE AMENDMENTS NUMBER 8 AND 14 AND THAT NUMBER 11 BE CHANGED TO A PERIOD OF 99 YEARS WITH THE TERM BEGINNING NOVEMBER 8, 2005. MOTION CARRIED 4-0. . 5.1. Administrative Hearing for MP Convenience Regarding Alcohol Compliance Check Ms. Allard presented her staff report. Chief Beahen stated compliance checks are conducted pursuant to a grant obtained by the City of Elk River and the Sherburne County Public Health Department. He stated part of the grant agreement requires the City Council to agree to impose civil penalties to licensees who fail compliance checks as provided by statute. He stated failure to follow through with these penalties could cause the city to lose future grant funds. Chief Beahen stated the employee working at MP Convenience said he thought the customer was over 21 years old. Chief Beahen stated the store had a machine that checks ill's but the employee bypassed it by typing in a false birthdate. He stated Mr. Yang (now the licensee) was the employee who served alcohol to a minor back in 2004 during a compliance check. Pao Yang, 13374 Highway 10-Stated he was not the employee who served alcohol to a minor back in 2004 because it was a different Pao Vang. Mr. Vang stated he talked to the employee and the employee stated the store was really busy. He stated that due to the mistake made he decided not to renew his 3.2. Percent Malt Off-Sale license. He requested the fine amount be reduced. Councilmember Motin questioned the change in ownership of the shop. . City Councill'v1inutes August 6, 2007 Page 3 . Chief Beahen stated Mr. Vang is saying he was not the employee cited for serving alcohol to a minor in 2004, which was under different ownership at that time. He stated if the business is taking steps to prevent further occurrences by not renewing his liquor license, then the problem should be eliminated. Councilmember Farber question the city's past action with imposing fines. Ms. Allard stated the Council has always imposed the $500 civil penalty with the exception of the case in 200i when the penalty was reduced to $250. MOVED BY COIUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO IMPOSE A $100 FINE TO MP CONVENIENCE BASED ON THE FINDING THAT MP CONVENIENCE DID NOT RENEW THEIR 3.2 PERCENT MALT OFFSALE LICENSE DUE TO THE VIOLATION AND WITH A CONDITION THAT NO LIQUOR LICENSE BE APPLIED FOR DURING A PERIOD OF THREE YEARS AND IF A LIQUOR LICENSE IS APPLIED FOR, THEN THE $500 FINE MUST BE PAID. MOTION CARRIED 4-0. 5.2. Resolution Accepting Bid and Authorizing Execution of Contract in the Matter of the Seal Coating Improvefiilent of 2007 Mr. Maurer presented his staff report. . MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-69 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEAL COATING IMPROVEMENT OF 2007. MOTION CARRIED 4-0. 5.3. Resolution Approving the Plans and Specifications and Ordering the Advertisement for Bids in the Matter of the Wastewater Treatment Plant Phase II Improvement of 2007 Mr. Maurer presented his staff report. Mr. Maurer stated the approval process is slightly different for this project than other improvement projects due to the MPCA requirements. Mr. Simon stated the financing will be a combination of the Sewer Reserve Funds and, if necessary, Sewer Revenue Bonds. Councilmember Farber questioned why the contingency is so high. Mr. Maurer stated this amount will be reduced when the bids are received. He stated he typically does not remove the contingency from the estimate until the MPCA approves the plans and at that time a ftnal estimate will be prepared. . MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-70 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE WASTWATER TREATMENT PLANT PHASE II IMPROVEMENT OF 2007 AND AUTHORIZATION TO SPEND UP TO $4,500 FOR EHLERS AND ASSOCIATES TO COMPLETE A UTILITY RATE STUDY. MOTION CARRIED 4-0. City Councill'v1inutes August 6, 2007 Page 4 5.4. Discussion of Sidewalk Connections from Deerfield 3rd Addition to 193rd Avenue . Mr. Maurer presented his staff report. Councilmember Motin questioned if notice will be sent to Mr. Rasmus letting him know the city may not be doing the sidewalk in front of his place at this time but it will be in the future. Mr. Maurer stated he would send notice to all the affected property owners. Acting Mayor Gumphrey questioned if Class IV should be laid along the Rasmus property in order to let people know there will eventually be a sidewalk at this location. He stated he is concerned people will question why the sidewalk wasn't finished in this area. Mr. Maurer suggested stopping at Mr. Rasmsus's property comer because it may be too disruptive to his lawn care and wash into his yard. It was Council consensus to re-afflrm their earlier direction to connect the sidewalks in the Deerfield 3rd Addition to 193rd Avenue via Dodge Avenue, Baldwin Street, and Xavier Street. 5.5. Authorization to Award Contract to Bonestroo to Complete a Loading Assessment and N on degradation Report Ms. Haug presented her staff report. . Acting Mayor Gumphrey questioned if staff hours and wages were included in the $40,000. Ms. Haug stated yes. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE BONESTROO TO DEVELOP THE CITY'S LOAD ASSESSMENT AND NONDEGRADATION REPORT NOT TO EXCEED $40,000. MOTION CARRIED 4-0. 5.6. Request by YMCA for Temporary Office Space Ms. Johnson presented her staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO AUTHORIZED THE YMCA TO TEMPORARILY UTILIZE OFFICE SPACE AT CITY HALL FOR THE ELK RIVER YMCA'S COMMUNITY DIRECTOR UNTIL THE YMCA IS COMPLETED IN THE FALL OF 2008. MOTION CARRIED 4-0. 5.7. Request by CAER to Waive Building Permit Fee Ms. Johnson presented her staff report. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO CONTRIBUTE $115.26 TO CAER (COMMUNITY AID ELK RIVER). MOTION CARRIED 4-0. . . . . City Council JVIinutes August 6, 2007 Page 5 5.8. Discuss Council Worksession Agendas Ms. Johnson presented her staff report and asked the Council if they had any additions or changes to future worksession meetings. Councilmember Motin stated he would like to start seeing some of the framework questions from the Community Development Department beginning with the September worksession. 6. Other Business There was no Other Business. 7. Council Updates There were no Council Updates. 8. Staff Updates Ms. Johnson noted that the Police Department has been assisting with the 35W bridge disaster. She stated the city will be reimbursed for this assistance. 9. Adjournment MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADJOUN THE CITY COUNCIL MEETING. MOTION CARRIED 4-0. Meeting adjourned at 7:05 p.m. ,/! ",.>^ ------" I Tina Allard City Clerk