01-11-2010 CCMMEETING OF THE ELK RIVER C6TY COl9NCIL
HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, JANl1d4FtY I I, 2010
Members Present; Mayor ~~linzing, Councilmembers ~lestgaard, Gumphrey, Motin, and
Zerwas
Members Absent; Nane
Sta~~ Present: City Administrator Lori Johnson, Finance Director Tim Simon, Director o~
Economic Development Catherine Mehelich, Building G~ficial Bob
Ruprecht, and Recording Secretary Jessica ~1!M~11er
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:25 p.m. by Mayor K.l:inzing.
~, Consider Council Agenda
Councilmember Gumphrey added discussion regarding EDA Commissioner Ron Touchette
under other business.
MUVED B'Y CUUNCILMEMBER GUMP]HREY AN'D SECUNDED B'Y
CUUNCILMEMBER M®TIN TU APPR®VE THE AGENDA. MUTI~N
cARRIED 5-a.
3. Consider Consent Agenda
MUVED BY CUUNCILMEMBER ZER~I'AS AND SECUNDED BY
CUUNCILMEMBER GUMPHREY TU APPRU~r~ THE FULLU~JING
CUNSENT AGENDA;
3.1. JANUARY 4, 2U~.0 MINUTES
3.Z. MECHANICAL AMUSEMENT LICENSE ~ MENDUTA VALLEY
AMUSEMENT, INC. ~PUFFALU '~1ILD 'WINGS
~.3. RESULUTIUN 1D-o4 DESIGNATING THE CIT'Y'S ~1EBSITE AS AN
ALTERNATIVE METHUD CAF DISSEMINATING ADVERTISEMENTS
FGR BIDS AND REQUESTS FUR PR.UPUSALS
MUTIUN CARRIED 5-a.
4. Gwen Mike
No one appeared for open mike.
City Council Minutes Page 2
January ~~, 200
a.1. Sewer Service Availability Charge --Follow up on Calculation Method
..
Ms, Johnson presented the staff report.
Mr. Ruprecht reviewed the information that was gathered from surrounding cities regarding
SAC fees and the method each city uses to calculate the fees. He explained that some use
Met Council to dictate their fees while others negotiate their fees,
Ms. Johnson explained that it can be difficult for staff to be subjective in negotiating with
new businesses.
Ms. Mehelich stated that rarely new businesses question SAC fees in order to compare with
other cities. She added that in the rare instance that economic development staff receives a
complaint about Elk River's SAC/WAC fees, the business is provided with a comparison of
costs. She added that sometimes the up front rates of other cities are lower but the user fees
are higher so it typically equals out.
Council consensus was for no change to tlae Sewer Availability Charge rate calculation at tlais
time.
Ms. Mehelich indicated that staff will bring this item forward if they hear additional
complaints. Councilmember Morin requested that information on user fees of surrounding
cities be included if this item is brought forward again,
5.2. 2010 Council C7oals Discussion
Ms. Johnson reviewed the 20x9 Council Planning ~lorkshop Recap list as included in her
staff report,
The Council discussed the following projects/initiatives outlined in 2009;
Complete Community Survey
Council would like this left on the goal list. Staff will obtain copy of survey recently
completed by the City of Coon Rapids.
Appoint Administrative .Hearing Board
Board has been appointed.
Complete ~Da~vnto~n Redevelopment .flan
To begin when 171st Avenue Focused Area Study is complete.
.Falla~v-upon ~ 71 ~~ Avenue Focused Area Study
Adoption of both phases anticipated by Council in 2010.
Continue Gravel Minim Aga Study
~1ork on study is ongoing at the staff level.
~oint .Meeting pith ''arks and Recreation Commission far Update an Master .dark Plan
A joint meeting was held May 2009, Counca.l would like to schedule another joint meeting
fox May 2010,
City Council Mnutes
January 11, 200
.Anticipate Landfill Expansion .Application
This item has been removed from the list.
Page 3
Strengthen Energy City .Facuf/ Cammitment
The Energy City Commission is scheduled to sunset December 31, 200. Council would like
to discuss Energy City Con~nission ordinance to consider extending Energy City
Commission.
Ident~ Commercial and .~ndustrial.~and far .Develap~aent
tangoing through long-range planning studies and economic development strategic planning,
The Council also identified the following new projects/initiatives for 2Q1o:
.~.evie~v Cammercial.Keserve ~'ran~itian
Mr. Barnhart is to report back to the Council.
Aevie~ Sta~'Structure ~vith Input from Department I~ead~
Gather data from city administrator and staff on how well the current structure is worl~ing,
Aevierv Comprehensive Flan
Begin review after 17~5t Avenue, gravel mining, and downtown redevelopment plans are
finished.
~"ran~partatian
Continue to work on securing financing,
Cade Enforcement Update
Planning staff to provide update to Council. Discuss staffing level.
Schedule a I~nDQT Tour
Staff to contact MnD~T
Consider .~.aundabaut.~ (at C~ l Z and ~~in Lakes; C.~4Q and CA40)
Staff to review with Sherburne County.
.~eighbarhaad Stabili~atian Update
Update Council on qualifications, incentives, etc.
5.3. Council Qpen Foz~um
Councilmember ~Uestgaard questioned who owns the medians on 93rd Avenue . Ms.
Johnson indicated that the city is listed as owner on Sherburne County's website but she will
continue to research ownership. 1t was noted that the city is not interested in having
ownership of parcels with structures due to the liability and maintenance required.
Counc~l~nember Motin added that there are parcels in the Park Pointe development that
should have been deeded to a homeowner's association but were not, He stated these
properties axe now tax forfeit and the city is ending up purchasing them.
Ms. Johnson explained that typically a homeowner's association is set up to deal with these
properties but there are some issues with some developer's agreements not including
language regarding a homeowner's association.
City Council Minutes
January 1 ~, 20~ o
Page 4
Councilmernber westgaard questioned the process for verifying a homeowner's association
is set up to deaf with these properties. Ms. Johnson indicated that the issue should be
reviewed immediately in the platting process, then in the developer's agreement, and finally
in the resolution the City Council approves with stipulations.
Ms. Johnson indicated she will check into the 93rd Avenue medians and report back to the
Council.
6. ether Business
Councilmember Gumphrey indicated that earlier this evening he dis~.~ibuted a letter to the
Economic Development Authority VEDA} asking that EDA Commissioner Ron Touchette
be removed from the EDA. He explained that he is asking for Mr. Toucl~ette to be removed
because of his treatment of ERMU staff, city staff, and legal counsel during a recent dispute
over a past due utility bill.
I~G~ET~ BY CGL~]'CILNIEMBER GUIl~PHREY T~ REMC~~"E R®N
TGUCHETTE FRGM THE EC~~IG~[~C I~E~EL®PME~T AUTHGRI~~.~Y,
Motion failed for lack of a second,
Mr. Touchette denied Councilmember Gumphrey's allegations,
Consensus of the Council was for staff and legal counsel to prepare supporting facts and
documentation and report back to the Council. Councilmember Gumphrey indicated he will
discuss the issue at tomorrow evening's Utility Commission meeting.
Councilmernber Gumphrey questioned if the city is liable if someone falls on one of our
walking or biking trails. He added that staff has done a good job of plowing the trails but
given the recent weather situations some of the trails are not in the best condition.
Ms. Johnson indicated that the city is generally not responsible as long as the city is not
negligent. She added that all claims are submitted to the city's insurance company to make a
determination of liability.
Councilmernber Zerwas stated he would like staff to review the condition of the trails and
possibly close portions of them if deemed unsafe,
Mayor K1i.n.zing indicated she would lil~e Street Superintendent Phil Hals and Assistant
Superintendent Mark Thompson to discuss the recent snowfall event with the Council,
7. Council Updates
L
Councilmember westgaard questioned the protocol for performance reviews. Ms, Johnson
indicated she will forward the performance review forms to the Mayor for her distribution,
Counciln~,ember Gumphrey added that Utility Commissioner John Dietz recently created a
performance evaluation form for ERMU employees that worked well. Council asked Ms.
Johnson to obtain a copy and provide it to the Council,
Councilmember Zerwas indicated he would like the performance review forms to be
completed by all supervisors that report directly to Ms. Johnson.
City Council Minutes
January 1 ~, 2010
S. Staff Updates
Page 5
Mr. Simon explained there are energy grants available, He stated that staff would like to
apply for grants fox the Following projects: ice arena lighting, ice arena low emissive ceiling,
and the ice arena boilers.
9. Adjournment
There being no further business, Mayor Z~1~~azing adjourned the meeting of the Elk River
City Council at 8.09 p.m.
Minutes prepared by Jessica Miller.
~ ~~
-~._~
Tina Allard, City Clerl~
Stephan, Klinzing, Mayo