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03-02-2009 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 2, 2009 Members Present: Mayor I{linzing, Councilmembers Zerwas, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Liquor ..Operations Manager Dave Potvin, IT Coordinator Bob Pearson, Cable Producer Jake Pace, City Attorney Peter Beck, and City Clerk Tina Allard Also Present: Utilities Commissioner John Dietz and Interim Utilities General Manager Vance Zehringer, Technical Service Superintendent Troy Adams, Electric Superintendent March Fuchs, and Finance Director Theresa Slominski 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 6:35 p.m. by Mayor K]inzing. 2. Consider 03/02/2009 Agenda • Mayor Klinzing removed Item 3.3. from the Consent agenda. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent A eg nda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES ^ 02/02/09 WORKSESSION ^ 02/09/09 REGULAR ^ 02/17/09 SPECIAL ^ 02/17/09 JOINT (FOCUS AREA STUDY) 3.2. CHECK REGISTER 3.4. RENEWAL OF RETAIL FIREWORKS LICENSE TO CUB FOODS AND COBORN'S VALID TO MARCH 3, 2010 MOTION CARRIED 5-0. City Council Minutes Page 2 March 2, 2009 3.3.A. Resolution Acknowledging Contributions to the City of Elk River • Ms. Johnson presented the staff report highlighting contributions made by Resource Recovery Technologies, LLC to the city for the purchase of CompuKid child identification equipment. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 09-09 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RNER. MOTION CARRIED 5-0. 3.3.B. Resolution Acknowledging Contributions to the Citv of Elk River Ms. Johnson presented the staff report highlighting contributions made by The Bank of Elk River to the city for the Riverfront Concert Series. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 09-10 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER. MOTION CARRIED 5-0. 4: Open Mike No one appeared for Open Mike. 4.1. Kath Heane Sherburne Coun Attorne • Ms. Heaney reviewed adult felony charges for crimes in Sherburne County: It was noted that the statistics listed in the staff report for Elk River may seem low because the city prosecutes some of its own crimes. She also highlighted civil awards recently received by her department. The Council noted they would like to see some statistics from the city's prosecuting attorney in order to be able to compare them to the other jurisdictions in the County. 5. Annual Updates -Administration Finance Elk River Municipal Utilities Annual updates were provided by each department. 6.1. Review Special Events Ordinance Ms. Allard presented the staff report. Mayor Klinzing and Councilmember Motin stated they understood the need for the ordinance but felt it was overly broad and had concerns with staff applying some of the conditions on smaller events held in the city. They had a concern with staff interpretation of the ordinance in the future and that the application process may be burdensome. The Council concurred that. there shouldn't be any application fees but agreed on deposit fees in order to cover items such as police, fire, and waste management services. • City Council Minutes Page 3 March 2, 2009 Councilmembers Zerwas and Westgaard stated they understood the need for this ordinance • from a safety perspective. They felt it would be more efficient to have one person as the main point of contact within the city that could coordinate the processing of the event request with other staff in order to prevent any oversights. Ms. Johnson noted the intent of the ordinance is to make it easier for organizations and individuals to coordinate events by having a single contact at the city and to provide more notice to the city and when applicable, residents affected by the event. She stated the goal is coordination in order to inform all necessary departments of an event and to capture any out-of-pocket costs. Mr. Beck stated the ordinance is set up broadly in order to allow for a maximum amount of flexibility in applying the ordinance to the many different types of events. He stated the Council would have the ultimate authority in removing or changing any conditions attached to an event. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 09-01 AMENDING ARTICLE XI OF THE ELK RIVER CITY CODE TO ADD NEW SECTION 38- 510 TO 38-522 DEFINING AND REGULATING SPECIAL EVENTS AND THAT NO APPLICATION FEES BE CHARGED. MOTION CARRIED 3-2. Mayor Klinzing and Councilmember Motin opposed. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOUTION 09-11 • APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE SECTION 38-510 To 38-522 AN ORDINANCE DEFINING AND REGULATING SPECIAL EVENTS. MOTION CARRIED 5-0. 6.2.A. Ordinance Reformatting and Amending Articles I and II of Chapter 78 of the Elk River City Code of Ordinances Providing for the Otieration of the Discontinuance of Water Service and Establishing Procedures for Water Shut-Offs Ms. Johnson presented the staff report. Mr. Beck reviewed the ordinance. Councilmember Gumphrey noted there have been issues with foreclosures causing water problems in homes and felt a policy was needed in order to allow Elk River Municipal Utilities. to shut off water. Utilities Commissioner Dietz stated approximately 20 million gallons of water has been wasted due to foreclosure issues. Councilmember Motin expressed concern with Section 78-23 and whether it would be cost prohibitive to force people to install stop valves. Water Superintendent Dave Berg explained the shut-off process and noted that most properties have them already. • MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 09-02 City Council Minutes March 2, 2009 Page 4 REFORMATTING AND AMENDING ARTICLES I AND II OF CHAPTER 78 • OF THE ELK RIVER CITY CODE OR ORDINANCES, PROVIDING FOR THE OPERATION OF THE DISCONTINUANCE OF WATER SERVICE AND ESTABLISHING PROCEDURES FOR WATER SHUT-OFFS WITH THE FOLLOWING CHANGE TO THE THIRD SENTENCE OF SECTION 78-31(1) "ERMU SHALL SHUT-OFF WATER SERVICE TO THE ADDRESS NO EARLIER THAN 15 DAYS FROM THE DATE OF THE POSTED NOTICE (UNLESS AN EMERGENCY SHUT-OFF IS WARRANTED)" MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 09-12 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 09-02. MOTION CARRIED 5-0. 6.2.B. Shared Personnel Agreement (Human Resources Agreement with Elk River Municipal Utilities Ms. Johnson presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE SHARED PERSONNEL AGREEMENT FOR HUMAN RESOURCES BETWEEN THE CITY OF ELK RIVER AND ELK RIVER MUNICIPAL UTILITIES. MOTION • CARRIED 5-0. 6.2.C. Request for Water Superintendent to Report to Public Works Director Ms. Johnson presented the staff report. Elk River Municipal Utilities Commissioner Dietz stated the Commission would like the water superintendent to report to the city's public works director due to some staff reorganization. He stated the Commission won't be hiring a general manager and that Troy Adams would be taking over as Director of Operations. He stated Troy would keep his engineering duties and would also be responsible for overseeing three other divisions; therefore it would be difficult for Troy to manage all the divisions. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO DIRECT STAFF TO DRAFT AN AGREEMENT BETWEEN ELK RNER MUNICIPAL UTILITIES AND THE CITY OF ELK RIVER TO PROVIDE FOR THE WATER SUPERINTENDENT TO REPORT TO THE PUBLIC WORKS DIRECTOR. MOTION CARRIED 5-0. 6.3. Letter of_Support for the City of Rogers and Reduest of Stimulus Funding for Regional Metro Stimulus Monev Ms. Johnson presented the staff report. Councilmember Motin suggested deleting the first sentence of the third paragraph of the • letter in the staff report. City Council Minutes March 2, 2009 Page 5 • MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE A LETTER OF SUPPORT TO THE CITY OF ROGERS FOR STIMULUS FUNDING FOR THE CONSTRUCTION OF THE TH 10 FLYOVER PROJECT WITH THE CHANGE NOTED ABOVE. BY COUNCILMEMBER MOTIN. MOTION CARRIED 5-0. 6.3. Discuss Worksession Agendas Ms. Johnson presented the staff report. Councilmember Gumphrey noted he may miss the meeting or be late in attending it due to another commitment. The Council concurred with the worksession agendas as presented. 7. Other Business There was no other business. 8. Council Updates There were no Council updates. Staff Updates • Ms. Johnson noted that GRE is still continuing with the work on their peaking plant project. She noted there would be noise associated with testing in March and May and that more information will be coming forward to the public. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:40 p.m. ~l L_~. Tina Allard, City Clerk I~ Steph ie Klinzing, •