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05-04-2009 CCM• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 4, 2009 Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, Gumphrey, and Moon Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Parks and Recreation Director Bill Maertz, Interim Fire Chief Cliff Anderson, Park Planner/Planner Chris Leeseberg, Public Works Director Terry Maurer, and City Clerk Tina Allard Also Present: Parks and Recreation Commissioners Dave Anderson, Mike Niziolek, Amanda Larson, Steve Boese, Eddie Peterson, Jerry Jaker, and James Nystrom 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 Klinzing. • 2. Consider 05/04/2009 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES ^ 04/13/09 JOINT ^ 04/20/09 REGULAR 3.2. CHECK REGISTER 3.3. SOLICITOR LICENSE TO LAURA BELL THROUGH DECEMBER 31, 2009. 3.4. PEDDLER LICENSE TO CHRISTOPHER MCLARNON THROUGH DECEMBER 31, 2009. 3.5. GENERAL PLANNING PERMIT TO FLOWER HAVEN GREENHOUSE, CASE NO. GP 09-07 FOR A TEMPORARY GREENHOUSE IN SALVATION ARMY PARKING LOT WITH THE FOLLOWING CONDITIONS: City Council Minutes May 4, 2009 Page 2 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. • 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 5. THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 6. ONE 24 SQUARE FOOT BANNER, ADVERTISING THE GREENHOUSE, SHALL BE ALLOWED DIRECTLY BEHIND THE CURB PARALLEL TO THE CURB ON THE EAST SIDE OF THE PARKING LOT. 7. NO OTHER SIGNAGE SHALL BE ALLOWED ON SITE OR ON THE GREENHOUSE. 3.6. CALL SPECIAL COUNCIL MEETING FOR MONDAY, MAY 11, 2009 AT 5:00 P.M. 3.7. AUTHORIZATION FOR STAFF TO MOVE FORWARD WITH AN ORDINANCE AMENDMENT FOR THE DOWNTOWN DISTRICT TO REMOVE THERAPEUTIC MASSAGE FROM THE CONDITIONAL USE PERMIT LANGAUGE. MOTION CARRIED 5-0. • 4. Open Mike Lyle Slawson, Elk River Youth Hockey President, stated he would like to see an amendment to the gambling ordinance to allow organizations to have more than one Premise Permit in the city. He stated Youth Hockey is looking for ways to reduce costs of hockey for kids who are less fortunate to play. Council noted this item would be discussed later on the agenda. 5.1. Recognize Sue Kostanshek Senior Coordinator -Recipient of the Minnesota Association of Senior Services -Outstanding Senior Services Award Mr. Maertz stated with great pride that Ms. Kostanshek was awarded the 2009 Outstanding Senior Service Provider of 2009 Award. Ms. Kostanshek stated is was an honor to be recognized by her peers and co-workers and stated she works as a team with two other employees who help to make the award possible. Mayor Klinzing read the plaque and thanked Sue for her many contributions. Ms. Johnson congratulated Sue for doing a wonderful job throughout her career and thanked her for all her efforts. • City Council Minutes Page 3 May 4, 2009 ----------------------------- • 5.2. Resolution Acknowledging Contribution by First National Financial Services for Expanded Hours at the Activity Center John Houlton representing First National Bank presented a check to the city in the amount of $1,440 to be used for keeping the Elk River Activity Center open for extended hours on the weekends from September through May. The Mayor thanked Mr. Houlton for the donation. 5.3. Part-time Fire Inspector Ms. Johnson presented her staff report. Mr. Anderson stated that building inspections have picked up with 4-6 new permits per week. He presented his staff report. Councilmember Gumphrey questioned how the volunteer firefighters regular employment would be affected if they were selected to perform this job on a temporary basis. Mr. Anderson stated the firefighters who are interested are either EMS or self-employed and are willing to be flexible with their schedules. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE THE HIRING OF A TEMPORARY PART-TIME FIRE INSPECTOR FOR A MAXIMUM OF 24 • HOURS PER WEEK UNTIL THE FIRE CHIEF POSTION IS FILLED. MOTION CARRRIED 5-0. 5.4. Begin Hiring Process for Waste Water Treatment Systems Operator Ms. Johnson presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE THE HIRING PROCESS FOR A WASTEWATER TREATMENT SYSTEMS OPERATOR. MOTION CARRIED 5-0. 5.5. Summary of 2009 Street Rehabilitation Informational Meetings A. Evans Avenue/Railroad Drive Area Mr. Maurer presented the staff report. Councilmember Westgaard noted that he attended both the informational meetings. He stated citizens in attendance for this project indicated they didn't want a street improvement at this time. He stated he wouldn't support this project as an improvement for 2009. Councilmember Motin stated he has received calls in support of the project from people who were afraid to come due to opposition from others. He stated he would like to see the improvement project move forward but to allow property owners to have the ability to delay • payment for a few years. City Council Minutes May 4, 2009 Page 4 Mayor Klinzing and Councilmembers Gumphrey and Zerwas stated they were not in favor • of moving this project forward because of the opposition at the informational meeting and the current economy. It was consensus of Council that this project and the next Item (Norfolk Avenue) be priority within the next two years. B. Norfolk Avenue Area Mr. Maurer presented the staff report. He stated there was more support at this informational meeting for this improvement project. Mayor Klinzing and Councilmember Gumphrey stated they were not in support of this project for 2009 due to the current economy. Councilmembers Motin, Westgaard, and Zerwas stated they would like to see the costs from the feasibility study. They concurred they may be willing to move forward with the improvement project for 2009 due to citizen support and possible competitive bidding that may bring the project costs down. Mayor Klinzing stated she is not opposed to completing a feasibility study to determine costs and further indicated the cost to the city to fund the project was small enough that it could be funded internally (through street reserves). MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 09-18 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE NORFOLK, MORTON, LOWELL, KING AVENUES AREA STREET IMPROVEMENT OF 2009. MOTION CARRIED 4-1. Councilmember Gumphrey opposed. 5.6. Discussion on Gambling Ordinance Ms. Allard presented the staff report. Current licensed organizations were invited to attend this meeting. Theresa Brady, representing the Elk River Lions Club stated she would like preference given to local organizations and would like future opportunities to have more than one premises permit in Elk River. She stated she is concerned about additional taxes due to the economy and state tax burdens. Lyle Slawson, representing Elk River Youth Hockey stated he would like the gambling ordinance amended to allow for an organization to have more than one premises. Councilmember Zerwas stated he is on the executive committee for the Lions Club and would abstain from any vote on this issue due to conflict of interest. It was Council consensus that up to two premises permits be allowed per organization that are located in the city's trade area. • CitS~ Council Minutes l~1ay 4, 2009 Page 5 5.7. Council Planning Worksession Recap • Ms. Johnson stated a summary of the Council planning workshops were included in the Council packet and to let staff know if there are any changes. The Council did not make any changes or comments to the information as presented. 5.8. Discuss Council Worksession Agendas Ms. Johnson reviewed the Worksession agendas for May and June. It was Council consensus to accept them as presented. 6. Other Business There was no other business. 7. Council Updates There were no Council updates. 8. Staff Updates Ms. Johnson stated the application deadline fox the fire chief position closed and that 25 applications were received. Mayor K]inzing recessed the meeting at 7:15 p.m. in order for the meeting to move to the Upper Town conference room for a joint meeting with the Parks and Recreation Commission. 9. Recess to Worksession with Parks and Recreation Commission Mayor Klinzing re-opened the meeting at 7:20 p.m. 9.1. Master Plan Update Mr. Maertz presented his staff report. He noted the following: ^ Lake Orono Park is becoming dilapidated but has the potential to be a great park. A master plan has been completed for it and now it needs a funding source. ^ Biggest need in the city is for trails and trail links; especially in the southeast part of the city. The trails should be geared to link to the rail station. ^ Take advantage of opportunities that arise such as properties that may come up for sale near Woodland Trails Park. ^ Preservation of green spaces. Commissioner Anderson stated he appreciates the opportunity to meet with the Council and indicated the Commmission is looking for more activity. He stated the City needs to take advantage of opportunities when they can. • Ciry Council Minutes ~4ay 4, 2009 Page 6 Kailroad Trail • Commissioner Ny=strom stated the railroad trail could be a good asset for the community but needs support to expand trail development in other communities. Mayor Klinzing questioned what needs to happen in order to move trail development forward. Mr. Maertz stated the city could act as an informal organizer to coordinate groups to see what it would take to get further development of the trail. He noted there have been past issues with property acquisition from landowners and the county's willingness to assist. He further stated these types of trails bring growth with bike rental shops and bed and breakfast type businesses. He stated Council support and staff time would be needed. Mayor Klinzing stated if a plan could be put together for this whole project there is a good chance it could get funding. Mayor Klinzing and Councilmembers Westgaard and Zerwas stated it was worth making the effort to try and get further development of the trail. Park Funding Mayor Klinzing questioned the future of park funding and stated a referendum may be needed when the economy improves. Councilmember Motin noted there has been frustration by both the Council and the Parks and Recreation Coininission with having to hold off on park projects due to funding issues. • He stated he is not opposed to a referendum but it would need to take place in the long- term future. Commissioner Anderson stated when the city is built out, park dedication will run dry and other sources of funds will be needed. Landfzll Expansion Councilmember Westgaard questioned if the commission has had a chance to review the many plans that are currently in the works such as the Focus Area Study, Landfill, gravel mining study, etc. Councilmember Zerwas noted the commission spent quite a bit of time thinking and planning for the landfill project. Commissioner Anderson stated if the landfill expansion project is to move forward, the Council may want to require them to complete offsite mitigation for parks. Commissioner Niziolek stated the future of park development lies within the gravel nursing study. Kecreational Programming Mr. Maertz provided an update of recreation activities. Councilmember Gumphrey questioned how the department monitored success with programming. • City Council l~Sinutes Page 7 ~•Zay 4, 2009 • Mr. Maertz stated feedback is received in the following ways: ^ Program makes a profit ^ Feedback from parents ^ Attendance ^ Evaluation forms 9.2. Volunteer O.pbort~nities Mr. Maertz reviewed his staff report. He reviewed current volunteer hours and recognized the many people who serve as volunteers. Commissioner Larson stated the collaboration between the city and the YMCA has been great. Commissioner Anderson noted there were many more volunteers who were inadvertently left out of the staff report who should be recognized. Mayor Klinzing asked if there was anyone at the city who acts as a volunteer coordinator. It was noted there wasn't and that staff picks up where they can to organize volunteers. Commissioner Larson stated the YMCA utilizes interns and currently has an intern who is working on creating a comprehensive volunteer plan. 1~TOn-Ke.rident Fees • Mayor Klinzing asked about non-resident fees. Mr. Maertz stated out-of--town residents who request the senior newsletter must pay more. Elk River residents get a discount at Pinewood Golf Course. He stated they don't have issues with non-residents taking up class space as many of the programs are designed to not be limited. Emporium It was questioned what the future is for the Emporium. Mr. Maertz stated this facility has been shut down due to budget cuts. Ms. Johnson stated staff has been reviewing possible uses for the structure. She noted the building is in the footprint of future TH169 Highway expansion plans. She stated staff has reviewed various options for the building, but decided to wait to make a decision on the building until next spring. Ms. Johnson stated the city could consider entering into a lease but there are building code issues and improvements that would be needed. The estimated cost to demolish the building is approximately $30,000 and staff didn't feel that was a wise expenditure now. She also stated staff wants to be sure they won't need the space in the future if the building is demolished. Mayor Klinzing stated someone interested in leasing the space may be willing to pay for the needed improvements due to the building location. • Commissioner Anderson noted that Central Lutheran Church spent the weekend with hundreds of kids cleaning up the town. City Council Minutes May 4, 2009 Page 8 Mayor Klinzing suggested the Council send a letter to the church recognizing and thanking • them for cleaning up Elk River. Commissioner Peterson questioned if the Commission had a park priority list. Commissioner Anderson felt this would be a good topic for a future agenda. Mr. Maertz stated it is part of the budget document each year. Mayor Klinzing told the commission they need to let Council know if there are any projects that really need funding so the Council is aware of them. Councilmember Zerwas commended the staff at Parks and Recreation for all the hard work and hours they perform. Conul~issioner Gumphrey stressed the need to have projects ready to go for possible grant money and questioned if staff was ready. Mr. Maertz stated they do have projects ready to go and he highlighted the Orono Park project. Discussion took place regarding Sherburne County's participation in park projects. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River • City~ouncil at 8:25 p.m. /'~ 7 ~ ,.r~ Tina Allard, City Clerk ~r ,~ ~,;~ Stepha ~e Klinzing, Mayor •