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11-09-2009 CCMMEETING OF l'HE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MOnI ~1Y, 1~! VMBE 9, 2009 Members Present; Acting Mayor Zexwas, Councilmemhers ~Uestgaard, Gumphrey, and Motin ~~,20 p.m.~ Members Absent; Mayor I~lin,zing Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Police Chief Jeff Beahen, Fixe Chief John Cunningham, wastewater Chief Operator Gary Leirmoe, Liquor Store Manager Dave Potvin, Accountant Lori Stich, Human Resources Representative Lauren Wipper, and Recording Secretary Jessica Miller Also Present. City Prosecutor Scott Baumgartner I. Call Meeting To girder Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at G.00 p.m. by Acting Mayor Zexwas 2. Cons~de~r ,Council Agenda Acting Mayox Zerwas removed item 5, 1. He stated the person who was planning on speaking at the mee~ng was called away fox business. Councilmernber Gumphrey indicated he has an item under other business. MOVED BY COUNCILMEMBER GUMPI-IItEY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 3-0. 3. Consider Consent A enda MOVED BY COUNCILMEMBER V~JESTGAARD AND SEC®NDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLL®wING CONSENT AGENDA; 3.I. N®VEMBER 2, 20091VIINUTES MOTION CARRIED 3-0. 4. 0 en Mike No one appeared fox open mike, City Councii Minutes Page 2 November ~, 2009 5.2. Social Host Ordinance Mr. Beahen presented the staff report, City Prosecutor Scott Baumgartner indicated it can be very di£f cult to prove that someone provided alcohol to minors, He explained that the definition o£ host in the ordinance prevents parents who are not present from being the target o£ the prosecution. He stated that other cities are discovering that it is typically not the parents providing the alcohoi to minors but rather peers in the 1$ to 23 age range, He added that over 24 cities in Minnesota have adopted same form o£ a social host ordinance and have recognized a reduction in underage consumption, MDYED BY CDUNCILMENiBERwESTGAARD AND SECGNDED SY COUNCILMEMBER GUMPHREY TD AD®PT GRDINANCE Q9-~.U AMENDING CHAPTER G ®F THE ELR RIOTER CITY CGDE OF GRDZNANCE5 RELATING TG SUCIAL HOSTING OFALCGHC~LT® 1VIINaRS. MGTI®N CARRIED 3-0. 5.3. Discussion on Secuxi Alarms Councilmember Zerwas stated he has received calls £rom citizens questioning the necessity o£ tlae alarm fee, Mr. Beahen indicated the intent o£ the $20 one-ti.me fee is to eliminate false alarms. He outlined the staff time that is involved with the processing o£ false alarms, He stated there have been 553 false alarms so far this year compared to 7G3 false alarms during the same period last year, which is a 27.5% reduction in calls. 5.4. 2010 Bud et 5.4.A. Enter rise Funds .~'quor Mr. Simon reviewed the staff report. Mr. Potvin outlined the 2010 liquor goals. He indicated that the most noticeable change is in the operating budget. He stated that computers at both stores are proposed to be replaced and the software upgraded, Mr, Simon reviewed the cash flow analysis for both liquor stores. ~Councilmember Moon arrived -- 6.20 p.m.} ~afte~vater Mr. Simon reviewed the staff report, Mr. Leirmoe reviewed the wastewater goals for 2010. He indicated that the 2410 C1P includes two studies; one for bio solids and one £or• a river line study. Mr. Leirmoe explained that he anticipates tlaat in fzve to seven years the city will be out o£ storage for bio solids. He added there is a possibility that land applications may not be City Council Minutes Novembex 9, 2049 Page 3 allowed in the near future. He stated he would like to be proactive and complete a study to look at the options available. Councilmember Gumphrey questioned the need for a study on bio solids, Mr. Leirmoe explained there are multiple options available and he would like to see what options are available in order to decide which is the best and most cost effective option for the city. He added that once an option is chosen it is difficult to change, Ms. Johnson indicated that staff would like to be innovative in the use of bio solids and staff does not have the expertise to analyze the options and costs involved. Mr. Leirmoe explained that the river sewer line was installed in the late 1934s and is in bad shape and inaccessible in many areas. Ms, Johnson added that the line runs between the river and Main Street, behind the downtown businesses. She stated that stubs were installed along Main Street during the ~ 988 Main Street reconstruction but many businesses anal residences have not hooked up due to the expense involved, She added if the line breaks it could be a major issue due to the line's close proximity to the ziver. The city does have a contingency action plan to minimize damage and provide ongoing service if a break occurs. Ms. Johnson stated that tlae study is necessary because of the complexity and cost involved with abandoning the river line. Councilmember Moon questioned if the cost of the study can be recouped. Ms. Johnson indicated that the study could be included with future project costs, Mr. Simon reviewed the sanitary sewer Capital Improvement Plan, .4.B. Health lnsurance.,Flexible Benefits Co,~ntribu~on Ms. Wipper presented the staff report. Ms. Johnson indicated that if the Council is in agreement staff will proceed as proposed for formal City Council approval on November ~ G, 2009. The Council concurred, 5.4. C. General Fund Follow-U Ms, Johnson distributed a list of and reviewed possible budget adjustments for 2010. Couneihnember Moon indicated he is not interested in removing the Microsoft licensing from the budget. Consensus of the Council was to wait and see how revenues come in before making final budget decisions. Ms, Johnson stated that the budget and tax levy are on the December 7 agenda for final approval. 5.4.D. U dated Draft 201 a-2014 Ca ital Zm rovement Plan Mr•, Simon reviewed the updated draft 2010 - 2014 Capital Improvement Plan ~CZP~. .5. CouncilOpen,,,Forurn Councilrnember Motin questioned if other Councilmembers will be attending the Northstar weekend events. ~t was noted that the others are unable to attend. City Council Minutes November 9, 2009 Page 4 G. other Business Councilmember Gumphrey expressed concern with the type of businesses locating within the Elk Park Ridge development and the city's ability to attract Class x restaurants in that development. It was noted that the city does not have the ability to dictate what businesses go in as Tong as they meet the intent of the zoning code. 7. Council U dates Councilmember Moon outlined the Northstar Commuter Rail grand opening events. 8. Staff Updates -~-~. Ms. Johnson explained that there is a restaurant interested in locating near the former Target. Slae stated that the city uses the Met Council schedule for SAC fees. Staff encountered an inconsistency in the schedule relating to the unit calculation for restaurants. She explained that the schedule dictates 22 seats per unit for fast food restaurants but that only eight seats per unit for sit down restaurants. She stated that Building official Bob Ruprecht and Economic Development Director Catherine Mehelich did some research and found that although other cities claim to use the Met Council schedule, they actually negotiate the fees. Ms, Jolanson indicated that this particular restaurant would seat 130-140 and tlae SAC and SAC fees as currently outlined would be approximately ~SC,000. She added that the downtown restaurants are exempt from the schedule and are charged at the 22 seats per unit. She stated staff is recommending adjusting tlae unit calculation for• sit-down restaurants to mare it consistent with fast food restaurants. This change would be consistent with the city's goal of attracting sit-down restaurants. She questioned if the Council would like to consider an ordinance amendment to change the SAC fees in order to attract sit down restaurants. Consensus of the Council was for staff to prepare an ordinance amendment at 22 seats per unit for sit down restaurants for formal approval quickly in order to meet the deadlines of the restaurant Ms. Johnson discussed, 9. Ad'ournment There being no further business, Mayor l~linzing adjourned the meeting of the Elk River City Council at 7;25 p.rn. Minutes prepared by Jessica Miller, ~~. ~~ ~ ,ff~F~ r~ ~.~ Tina Allard, City Clerk a -~ ~ . A f .~ f f ,f /] ,..r ! Steph'~nie Klinzii~g, Mayo~~