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3.1. DRAFT MINUTES 10-04-2010MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, SEPTEMBER 13, 2010 Members Present: Mayor Klinzing, Councilmembers Westgaard, Gumphrey, Motin, and Zerwas Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Accountant Lori Stich, Street Superintendent Phil Hals, Planning Manager Jeremy Barnhart, Environmental Administrator Rebecca Haug, and Executive Secretary/Deputy City Clerk Jessica Miller 1. Closed Meeting -Litigation Updates Members Present: Mayor Klinzing, Councilmembers Zerwas, Gumphrey, Motin, and Westgaard (6:31 p.m.) Members Absent: None Staff Present: City Administrator Lori Johnson, Environmental Administrator Rebecca Haug, and City Attorney Peter Beck (6:31 p.m.) Also Present: Greene Espel Attorney John Baker Pursuant to due call and notice thereof, the closed meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. The purpose of the closed session was to discuss litigation updates pursuant to MS 13D.05, Subd. 3(b). There being no further business, Mayor Klinzing adjourned the meeting of the Elk River closed session at 7:17 p.m. 2. Call Regular Meeting To Order Pursuant to due call and notice thereof, the regular meeting of the Elk River City Council was called to order at 7:22 p.m. by Mayor Klinzing. Consider Council Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: City Council Minutes September 13, 2010 Page 2 4.1. TEMPORARY LIQUOR LICENSES FOR ELK RIVER FIRE DEPARTMENT DANCE ON SEPTEMBER 18, 2010: 1. TEMPORARY 3.2. PERCENT MALT LIQUOR LICENSE TO THE ELK RIVER LIONS CONTINGENT UPON RECEIPT OF CERTIFICATE OF INSURANCE. 2. TEMPORARY ON-SALE.. LIQUOR LICENSE FOR A COMMUNITY FESTIVAL TO MCCOY RESTAURANTS INC. DBA MCCOY'S PUB. 4.2. SPECIAL EVENT PERMIT -ECFE ADVISORY COUNCIL FOR 1K WALK AND 5K WALK/RUN ON OCTOBER 9, 2010 WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN-UP. 2. WALKERS/RUNNERS ARE TO UTILIZE SIDEWALKS, TRAIL SYSTEMS, OR ROAD SHOULDERS THROUGHOUT THE ENTIRE ROUTE. NO ROAD CLOSURES WILL BE PERMITTED. 3. THE ECFE ADVISORY COUNCIL SHALL DESIGNATE RACE MARSHALS TO MONITOR THE RACE ROUTE AND PARTICIPANTS. MOTION CARRIED 5-0. 5. Open Mike No one appeared for open mike. 6.1. Bailey Point Ms. Johnson presented her staff report. Neil Anderson, 27 Morton Avenue -was opposed to the city purchasing the Bailey Point property. He expressed several concerns including using taxpayer funding to purchase the property and safety and security of a secluded park. He distributed a map and asked that the city deed several adjoining property owners their respective easements to the rear. Lisa Conway, 236 Norfolk Avenue -stated she is in favor of the city making the Bailey Point property a park. Chuck Larson, 96 Morton Avenue -indicated that the residents of the Riverview Place Townhome Association (82-96 Morton Avenue) have some general concerns with the possible development of the Bailey Point property including: buffering, general layout, public access, maintenance and clean-up, and security. He added that if this project moves forward, the townhome association would like to have representation during the planning process. Mike Niziolek, Parks and Recreation Commissioner -believes purchasing this park is an incredible opportunity that may not present itself again. He believes that the city can achieve the goal of respecting the neighbors while creating a beautiful park for everyone to enjoy. He added that he believes the park would be safe with the assistance of the police and the neighbors. City Council Minutes September 13, 2010 Page 3 Eric Toth, 1023 Manor Place -his property adjoins the property. He indicated that this is a very pristine piece of property that he believes should be shared with the public and he believes the city is a good buyer. He would like to see the residents be part of the planning process. He also indicated that he would be willing to acquire the easement Mr. Anderson spoke about if the city is not interested in deeding it. Don Schumacher, 212 Norfolk Avenue -stated the city has ample parkland and doesn't understand why the city would take this property off of the tax roll. He added that he doesn't believe the city should be spending money this way. Dave Anderson, Parks and Recreation Commission Chair -stated this is a rare opportunity for the city to purchase a beautiful piece of land with history and lineal riverfront footage. He indicated that approximately 10 years ago when the Parks and Recreation Commission prioritized future land purchases for park use, this piece of property was identified as the Commission's number one priority. Mary Emhart, 201 Norfolk Avenue -stated her property is the most impacted by this development. She expressed concerns with losing the privacy she has enjoyed fox 30 years with development of the park. She noted that she didn't believe any other city park impacts personal lives like this one would. Nancy Thielke, 250 Norfolk Avenue - is in favor of Bailey Point being a park because the beauty of the park should be shared. She stated it would be nice to have a park on this side of Highway 10. She also stated that she would rather see the city purchase the property to create a park than have a private developer purchase and develop the property. Council discussed purchase of the Bailey Point property and the following were items of consensus: ^ Not interested in raising property taxes to fund the purchase ^ If purchased, they would like the property to remain passive park property ^ If purchased, the Parks and Recreation Commission should lead the planning of the property Jerry Jackson, 82 Morton Avenue -stated that the Waco Park does not have a parking lot. Ms. Johnson suggested that if Mr. Babcock and the Council agree, that discussion on this item be put on hold until the city's budget process is over and then come back in closed session to negotiate a purchase price. She noted that staff would like the opportunity to explore possible grants for this property. The Council and Mr. Babcock concurred. Mr. Neil Anderson requested that residents near the property be notified of any future meetings regarding the city's purchase of this property. Ms. Johnson provided a sheet for interested residents to print their names and addresses on for notification. The Council also directed staff to notify all residents within 350'feet of the property of upcoming meetings. The Council recessed at 8:16 pm. The Council reconvened at 8:24 p.m. 6.2. Spectrum School Mr. Barnhart presented his staff report. City Council Minutes September 13, 2010 Page 4 Vanessta Spark, Director, Spectrum High School - provided a brief history of the school. The Council expressed general support for working with Spectrum to keep them in the City of Elk River. Concerns regarding the proposed location and future expansion were cited. John Cairns, Attorney for Spectrum -indicated that there is no zoning ordinance that allows charter schools as a use, but many other cities have found a way to accommodate charter schools within their communities. Dave Lucas, Spectrum High School -stated Spectrum enjoys being part of the Elk River community and he is hopeful that the school and the city can work together to find a solution. He stated that Spectrum has canvassed the entire area looking for building. Mr. Barnhart indicated that he would prefer that Spectrum initiate the zone change by way of application with staff assistance. Councilmember Westgaard stated he would like to see a dialogue between the city and Spectrum. He stated that charter schools need to be addressed in our ordinance. Mr. Barnhart indicated that according to city ordinance, charter school are allowed in residential and commercial zoning districts. Rick Peterson, Spectrum High School -stated that the school has been looking since last March for a suitable building because the lease on the modular buildings expires June 2011. Consensus of the Council was for staff to initiate a change that would accomplish allowing Spectrum to locate in an industrial or business park zone. 6.3. Public Works Master Plan Update Mr. Hals reviewed photos and layout of the current public works facility. Councilmember Westgaard explained that there were items discussed during meetings with SEH that he felt needed to be brought back to the Council. He stated that an important first step is to identify if the current site is the desirable site for the facility. Discussion took place on the possibility of relocating the parks maintenance employees, compost site, and ball fields. Councilmember Gumphrey expressed an interest in keeping the compost site in its current location. The possibility of sharing salt with another agency was also discussed. Councilmember Gumphrey indicated he has no interest in sharing salt. Consensus of the Council was to continue to use the current site for public works master planning and for SEH to reconfigure the designs. 6.4. Adopt 2011 Tax Levies and Set Budget Meeting Date Ms. Johnson presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-46 City Council Minutes Page 5 September 13, 2010 ----------------------------- AUTHORIZING THE PROPOSED TAX LEVY FOR COLLECTION IN 2011. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-47 APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY 2011 TAX LEVY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 10-48 APPROVING THE 2011 TAX LEVY FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO SET THE BUDGET MEETING AT WHICH PUBLIC COMMENT WILL BE TAKEN FOR DECEMBER G, 2010, AT 6:30 P.M. MOTION CARRIED 5-0. 6.5. Council Open Forum Councilmember Motin questioned temporary signs on unapproved surfaces. Ms. Johnson stated she spoke with planning staff and was informed that exceptions are made under certain circumstances, such as construction. Councilmember Motin indicated he would rather not make exceptions. The Council agreed. Ms. Johnson stated she will pass on the Council's concerns. Other Business There was no other business. 8. Council Updates Discussion took place on the parks and recreation director second interviews. September 27 was discussed as a possible special meeting to interview the finalists for the position. Ms. Johnson will work on scheduling interviews. 9. Staff Updates Mr. Simon indicated that the city received an energy grant for solar thermal panels at city hall. He stated the project will take place next year. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:00 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk Stephanie Klinzing, Mayor