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08-03-2009 CCM`Tl THE LK I CITY" C UIVIL HL ` THE ELK IE CITY H LL TU Y, UUT 3, X449 Members Present: Mayor Kl.inzing, Councilmembers Zerwas, ~1'estgaard, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Finance Director Thn Simon, Environmental Administrator Rebecca Haug, Accountant Lori Stich, Parks and Recreatian Director Bill Maertz, Recreation Manager Steve Benoit, Police Chief Jeff Beahen, Administrative Captain Bob Z~luntz, Patrol Captain Brad Rolfe, and City Clerk Tina Allard Also Present: Librarian Mick Scoffers, Library Board Commissioners John Dietz and Mike Hangaard, Parks and Recreation Commissioner Jim Nystrom 1. Call Meeting To Grder Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at G:30 p.rn, by Mayor I~linzing. 2. Consider 08/03/2009 Ag„e~.~a MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5~0. 3. Consider Consent A eg nda MOVED BY COUNCILMEMBERWESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLO'LVING CONSENT AGENDA: 3.1. CHECK REGISTER 3,2, RESOLUTION 09-37 ACKNOWLEDGING CONTRIBUTION TO THE CITY OF ELK RIVER ~~1,000 FROM WALMART} 3.3. RESOLUTION 09-38 ACKNOWLEDGING CONTRIBUTIOIiI TO THE CITY OF ELK RIVER ~~1,000 FROM WALMART} 3.4. LETTER OF SUPPORT FOR TWO MN GREEN CORPS MEMBERS MOTION CARRIED 5~0. 4. ~ en Mike Brad Stevens,1942G Ggden Street --Stated complaints about a neighbor who has barking dogs and is exceeding the number allowed without a kennel license. He further stated the dog has been declared dangerous but nothing has been done. City Council Minutes Page 2 August 3, 209 Ms, Allard explained that a kennel application has been received from the neighbor, which will be considered at the August ~7, 2009 Council meeting, She noted staff is working on making sure the dogs are licensed and vaccinated against rabies. Councilmember ~'estgaard suggested having the owner kennel 5 of the $ dogs until the application is considered, Councilmember Mahn questioned whether one of the dogs has been declared dangerous due to its history, Ms. Allard noted that one dog has been declared potentially dangerous and the police department is worl~ing on this issue, Councilmember Zerwas suggested a worksession with the police to discuss the dangerous dog laws, Debbie Seth,194G3 Ggden Street -~ questioned what the ]iix~it is on dogs in the City and if insurance is required of dog owners. Ms. Allard noted there is no dog or cat limits set in ordinance and staff would be bringing this issue to Council. Councilmember Matin noted that animals are usually covered under a homeowner's insurance policy, Chief Beahen explained the differences between a dangerous and potentially dangerous dog per state statutes, ~ ~e explained that the dogs can't be removed without a court order. Councilmember Zerwas asked that notice be sent to the residents in the area regarding the Augus t ~ 7 dis cus sio n a l' this item, 5,1, LEED Pla ue Presentation for Libras b Green Buildin Council Mz•. Maertz stated the Elk River Library will make history as the first certif ed LEED library in tlae State, He introduced Jenny Tuttle with l~~.E Architects. Ms, Tuttle thanked eve~.yone for this project, She stated they looked to city staff to help make the library sustainable, fiscally responsible, and beneficial to the community. Sheri Bxezinka with the Green Building Council stated she is pleased to recognize the City of Elk River for the Elk River Library project, which is tlae first LEED Gold Certified Building in Minnesota, She applauded the City of Elk River as well as the project team who worked on the project for raising the bar on what to expect from buildings. She presented a plaque to the City. Commissioner Dietz stated the City did the right thing in building a LEED project, Mayor ~~l.inzing thanked everyone and noted it was a well deserved plaque, City Council Minutes August 3, 2009 5.2. MRPA. Award of Excellence-Rivers Edge,_Parl~ Page 3 Mr. Maertz introduced Jon ~yanagi, President-Elect of the Minnesota Recreation and Park Association. Mr. ~yanagi presented an Award of Excellence far the Rivers Edge Commons Park. He noted it was selected due to the variety of amenities the park offered and the partnerships that came together to make the park happen. 5.3. Curbside,Source Se orated organic SS 0~,,_Collection Program Ms. Haug presented the staff report. 5.4. 20Q9 Ener Ex o Reca & 200 Ener Ex o Details Ms. Haug presented the staff report. MOVED BY CDUNCILMEMBER GUll~IPHREY.AND SECONDED BY CGUNCILMEMBER'~IESTGAARD T4 CONTINUE THE ENERGY E~P® FDR Z0~0 WrTH A BUDGET DF X10,000. MaTI4N CARRIED 5-0, 5.5. Authorization to Purchase Parks Maintenance Tractor Mr. Simon presented the staff report submitted by Mr. Maertz. MOVED BY C®UNCILMEMBER MDTIN AND SECONDED BY CaUNCILMEMBER GUMPHREY TU AUTHORIZE THE PURCHASE ~F A JQHN DEERE 5095 TRACTOR WITH ATTACHMENTS IN THE AMOUNT ~F ~SO,OGO. MOTI®N CARRIED 5-U. 5.6. Discuss Council ~lorksession Agendas Ms. Johnson presented the staff report. She noted the Capital improvement Plan for 2010- 2014would beadded to tl~e September 14 agenda, Counciln7ember Westgaard questioned why the landfill needs to be discussed at the September worksession if Council will be making a decision on this item at the August l7 meeting. Ms, Johnson explained that Council is in the middle of a continued public hearing for the landfdl's application. S11e further stated it would be best if the public load an opportunity to be made aware of the worksession by having the Council decide on August 17 if a worksession would be called. Sloe stated this will allow citizens to have input and be aware of the worksession discussions. She stated at tl~e August 17 meeting tlae Council could decide to continue the item fox further discussion after the public hearing is closed. The worksession could beheld on September 14. 6. Uther Business None. City Council Mlxiutes August 3, 2009 7. Council Updates None. 8. Staff U dates 8.1. 1715 Focuses Area Study Update Mr. Barnhart presented an update of this study. $.2. Plannin Commissioner Resi anon Mr. Barnhart presented the staff report. 1t was noted openings are being advertised and that there is a vacancy on the Heritage Preservation Commission. Peaking Plant Update Page 4 Ms. Johnson noted tl~e peal~tng plant is operational and that Great River Energy is working on purchasing Resource Recovery Technologies. Plousin~ Project Ms. Johnson noted there may be a developer with an apartment complex on the east side of town who would like to change his plat to include affordable housing along with changes to density and parking. Ms. Johnson stated the plat is identical to the one previously approved by Council but that the developer is asking for concessions in order to obtain state financing, Councilmember Motin expressed concerns with traffic flow and egress for the property. He stated he is opposed to allowing traffic to go through the Elk River Station development. Council recessed at 7,15 p.m. 9. Bud et worksession Council reconvened at 7;25 p.m. in the Upper Town Conference Room. Ms. Johnson presented the staff report. She reviewed various scenarios the Council could consider for setting the tax levy. Various division and department heads reviewed their proposed budgets and goals witl~ Council. 10. Adjournment There being no further business, Mayor Z~linzing adjourned tl~e meeting of the Elk River City Council at 8,55 p.m. City Council Minutes August 3, 2009 ~~ ~ Tina Allaxd, City Clerk ~ ,~~w ?` ;9 ~ ~ ;s I ~~~1~' ~~ ~ f~ .~, Stephar~~e K~inzing, Mayas Page 5