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3.1. SR 11-01-2010DAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 18, 2010 Members Present: Mayor Klinzing, Councilxnembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Loxi Johnson, Planning Manager Jeremy Barnhart, City Attorney Peter Beck, Finance Director Tim Simon, City Engineer Justin Femrite, and City Clerk Tina Allard Also Present: Planning Commissioner Kevin Scott, Elk River Municipal Utilities (ERMU) Water Superintendent Dave Berg, and ERMU Commissioner John Dietz 1. 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 10/18/2010 Agenda Councilmember Gumphrey requested to recess into the conference room for a roundtable discussion regarding Item 7.3., Parks and Recreation Director. MOVED BY COUNCILMEMBEI2 WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBEIi GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 OCTOBER 11, 2010, COUNCIL MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.4. BOLTON AND MENK FOR PROFESSIONAL SERVICES TO DEVELOP AND IMPLEMENT A WEBHOSTED GIS MAPPING APPLICATION IN THE AMOUNT OF $16,000 WITH NO HOSTING FEE OR HARDWARE REQUIRED. 3.5. EASEMENT AND LICENSING AGREEMENT WITH ELK RIVER LEASED HOUSING ASSOCIATES LIMITED PARTNERSHIP. 3.6. CITY COUNCIL 2011 MEETING SCHEDULE. 3.7. RESOLUTION 10-52 APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT N0.21 WITHIN DEVELOPMENT DISTRICT NO. 1 IN THE CITY OF ELK RIVER. City Council Minutes Page 2 October I8, 2010 3.8. LAW ENFORCEMENT SERVICES AGREEMENT WITH THE ELK RIVER AREA SCHOOL DISTRICT #728. 3.9. RESOLUTION 10-53 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER. (GREAT RIVER ENERGY-$600). MOTION CARRIED 5-0. 4. Onen Mike No one appeared for Open Mike. 5.1. Conditional Use Permit Eor Composting Site Plaisted Companies. 11555 205~h Avenue. Case No. CU 10-20 -Public Hearine Mr. Barnhart presented his staff report. He noted this was a housekeeping issue that needed to be cleaned up. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT, CASE NO. 10-20 TO PLAISTED COMPANIES IN ORDER TO ALLOW COMPOSTING. MOTION CARRIED 5-0. 5.2. Ordinance Amendment for Educational Uses in Business Park Zoning District. City of Elk River. Case No. OA 10-11 -Public Hearing Mr. Bamhart presented the staff report Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin stated he is not in favor of this request due to the location. He stated the city needs to keep business space open. He expressed concerns with trying to accommodate one use and the precedent it could set. Councilmember Zerwas disagreed. He stated the buIlding and the location are a good fit and felt it was good to have the space occupied because it's been empty due to the economy. Councilmember Westgaard concurred. He noted it would be difficult for schools to £nd this type of space in a residential zoning district. Councilmember Gumphrey concurred also. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-19 AMENDING SECTION 30-1 OF THE CITY CODE OF ORDINANCES RELATING TO EDUCATIONAL DEFINITIONS AND TO IDENTIFY ADDITIONAL USES ALLOWED IN THE BUSINESS PARK (BP) ZONING DISTRICT. Attorney Beck recommended language changes to the ordinance City Council Nitrates October I8, 2010 Page 3 THE MAKER AND SECONDER WERE AMENDABLE TO THE LANGAUGE CHANGES RECOMMENDED BY THE ATTORNEY. MOTION CARRIED 4-1. Councilmember Motin opposed. 5.3. Conditional Use Petrnit for Wrestling/Fitness Facility in Business Paxk Zoning District Spectrum School. Case No. CU 10-23 -Public Hearin Mx. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to November 15, 2010. 6.1. Transportation Enhancement Application Mx. Femrite presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE STAFF TO APPLY FOR A TRANSPORTATION ENHANCEMENT GRANT FOR THE EASTERN AREA TRAIL AND MOBILITY IMPROVEMENTS. MOTION CARRIED 5-0. 6.2. Water Ordinances Attomey Beck presented the staff report. A. Water Use Restrictions Councilmembex Motin questioned if this ordinance would affect every single family home that has a private well. Attomey Beck stated it would and that the ordinance is drafted this way for ease of enforcement. He noted that heavy users, not single family homes, cause the biggest concerns for the aquifer. He stated the ordinance has two purposes; to protect water supplies and allow the utilities enforcement powers. Councilmember Motin questioned the difficulty of enforcement. Attorney Beck stated residents don't feel it's fair if their neighbors can sprinkle every day yet they can't. He also stated there is no reason for sprinkling every day and that ERMU has information for lawn watering techniques. Councilmember Motin questioned what type of notice a resident would receive. Attomey Beck stated the odd/even restrictions axe in effect on a permanent basis. Councilmember Zerwas expressed concerns with the ordinance when there are so many single family homes that axe not in the urban service district and suggested changing it. He expressed concern with telling property owners how to operate their private wells, especially when they aren't affecting the aquifer. Ciry Council Ivtinutes October ] 8, 2010 Page 4 Councilmember Gumphxey stated there should be a level playing field citywide and as Elk River is Energy Ciry, it makes sense. Mayor Klinzing stated she is not in favor of the ordinance. She stated extending enforcement into private wells is an over extension of government oversight. MOVED BY COUNCILMEMBER GUMPHREY TO ADOPT THE ORDINANCE AS DRAFTED IN THE STAFF REPORT. Motin died for lack of a second. Mayor Klinzing allowed public comment. Greg Bossany 304 Baldwin Avenue -Stated he put in a well so he wouldn't have to have the city tell him when he has to water his yard. He stated it's the Department of Natural Resources right to regulate private wells. Roget Renner, owner, EH Renner -Stated Elk River has a great water supply and that 50% of homeowners don't draw from the aquifer. He stated education on water conservation would go further than changing the ordinance. Kerry Harrison, 20047 Ulysses Street -Expressed concerns with being unable to water every day. He stated he uses a drip irrigation system and his flowers and plants need to be watered every day. He is opposed to city control over private well use. Katie Rennet, EH Renner -Stated it is the property owner's riparian right to be able to control and use the water on their property. She stated there are associations that need to water. Timothy Goerd[, 17942 Tyler Drive -Stated he represents 300 community townhomes and thought they may be the property in question as far as being large users. He stated they built their own wells, put in a Smart irrigation system, and do their best to water every other day. He stated most of the residents have joined Project Conserve and that in last year's program he won the award for conserving the most energy. He stated they have worked hard on working with the city on conservation efforts and that taking away their rights now would be unjustified. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-20 AMENDING SECTION 78-51 OF THE ELK RIVER CITY CODE OF ORDINANCES BUT STRIKING THE FOLLOWING LANGAUGE: "...SHALL APPLY TO ALL PROPERTIES WITHIN THE CITY, WHETHER THOSE PROPERTIES ARE SERVED BY THE CITY WATER SYSTEM OR BY PRIVATE WELLS..." MOTION CARRIED 4-1. Councilmembex Gumphxey opposed. It was noted the intent of the ordinances is remaining the same but taking care of housekeeping in some of the language. Ciry Council Minutes October 18, 2010 B. Private Wells for Domestic Use Page 5 Attorney Beck presented the staff report and noted there is an alternative ordinance in the packet that would regulate private wells on properties in the urban service district. He stated the concern of the Utilities Commission is to protect the integrity of the water system and to protect the aquifer. Utilities Commission Chair John Dietz -Asked the Council to adopt the alternate version of the ordinance because the Utihties Commission hasn't reviewed the original version which wouldn't grandfather in past wells. He expressed concerns with having to increase water rates if the utihty loses its large water customers to private wells (leaving the single family homes to pay fox it). He stated the Utility built a lot of infrastructure to accommodate these water users and can't afford to lose them. Councilmember Gumphrey expressed concerns with taxpayers having to pay Eor the infrastructure. Councilmember Zerwas and Westgaard concurred. Councilmembex Westgaard stated he also has concerns with government regulating wells on private property. He noted the city's efforts may be better served through educational campaigns. He stated he understands the intent of the ordinance but believes we should Find a different way to amend the ordinance so we are not regulating people too much but are still able to maintain the infrastructure. Attorney Beck clarified the differences between the ordinances. He stated that three- fouxths of the water infrastructure is for summer usage. Councilmember Morin agreed with Councilmember Westgaard's comments. He suggested looking at this as it relates to high impact users and suggested a further review. Dave Berg, Water Superintendent -Further noted contamination concerns with well water. He discussed the financial concerns of the utility. Mayor Klinzing stated she is not interested in regulating everyone in the city and felt the focus should be on large water users. Ms. Johnson clarified that the infrastructure is paid fox by water users and not taxpayers. She stated the demand fox water use is what created the need fox additional infrastructure. MOVED BY COUNCILMEMBER GUMPHREY TO ADOPT THE ALTERNATE VERSION OF THE ORDINANCE. Motion died fox lack of a second. Councilmember Zexwas suggested removing the exceptions from the original version of the ordinance and adding it to the alternate version. Attorney Beck stated Section 78-26 (a) could have language added that refers to single family buildable lots. City Council Minutes October 18, 2010 Page 6 MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-21 AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO ADD NEW SECTION 78-26 PROHIBITING PRIVATE WELLS FOR DOMESTIC USE ON PROPERTIES WITHIN THE CITY SERVED BY THE CITY WATER SYSTEM WITH THE CHANGES NOTED BY THE CITY ATTORNEY. Mayor Klinzing stated she would like have staff review this ordinance further and come back with other language. She stated she doesn't want to exclude users who axe not just one buildable lot. She stated the city should look at degrees of users and the amount of water they are utilizing. Councilmember Westgaard disagreed and stated he would support the motion on the table with the understanding that the city needs to review this further. He stated citizens signed up for city water and so the city put the infrastructure in and we can't allow everyone to exit the back door and leave the city with the infrastructure and no way to pay fox it He suggested ERMU work with residents on a solution that will work for the city. Mayor Klinzing asked why this needed to be passed tonight if Councilmember Westgaard felt the same way. Councilmember Zerwas stated any townhouse group could go and put a well in this weekend if the city didn't pass the ordinance tonight. MOTION CARRIED 4-1. Mayor Klinzing opposed. Attorney Beck suggested the Council recommend that ERMU host a worksession to follow- up on the economics and the water table impacts. Councilxnember Motin agreed and stated he would like affected parties to also be able to bring their information. 7.1. Budget Amendments Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE BUDGET AMENDMENTS OUTLINED IN THE STAFF REPORT AS 2010 BUDGET AMENDMENT DETAIL. MOTION CARRIED 5-0. 7.2. Visioning and Goals Ms. Johnson presented the staff report. She reviewed Councilxnember Motin's requested changes to the goals and noted staff was agreeable to those changes. It was noted there was a minor word jumble in the Opportunities goal which would be corrected. Ms. Johnson reviewed the original vision statement along with a possible compromise statement as Councilmember Motin and staff weren't agreeable on the language of the statement. She discussed the vision statement that was submitted by Councilmember Moon and the reasons why staff disagreed with it. City Council Minutes October I8, 2010 Page 7 Councilmember Motin stated the vision statement should promote business. He also stated he is concerned about the word "unlimited" because the city has a limited budget. Ms. Johnson read a vision statement that Councilmembex Motin submitted this afternoon as follows: "Abounding in natural beauty, Elk River is a vibrant, historic, river town with an innovative and involved community that offers unlimited opportunities to promote an active lifestyle and an exceptional business environment." Councilmember Zerwas and Mayor Klinzing liked this statement Councilmember Westgaard disagreed. He stated staff spent two days coming up with a statement and the facilitator noted the statement shouldn't be too narrowly focused. Councilmember Gumphrey concurred with Councilmember Westgaard and noted staff did a great job. Mayor Klinzing suggested running this amended vision statement by staff again MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE REVISED GOALS AS OUTLINED IN THE STAFF REPORT AND THE FOLLOWING VISION STATEMENT: "ABOUNDING IN NATURAL BEAUTY, ELK RIVER IS A VIBRANT, HISTORIC RIVER TOWN THAT PROMOTES AN ACTIVE LIFESTYLE IN AN INNOVATIVE AND INVOLVED COMMUNITY OFFERING UNLIMITED OPPORTUNITIES." MOTION CARRIED 4-1. Councilmember Motin opposed. 8. Other Business There was no Other Business. 9. Counc$ Updates There were no Council Updates. 10. Staff Updates 10.1 Midwest Mini Storane Ms. Johnson stated she received an email from the Kostreba's in which they requested to withdraw their conditional use permit fox outdoor storage. Mr. Kostreba, clarified that they are not withdrawing the conditional use permit. He stated they are withdrawing from the compromise offered by Council at the previous meeting. He stated they will comply with the original conditions and are having trees delivered this week. City Council Minutes October 18, 2010 Page 8 Petet Perovich, missed the open mike portion of the meeting, and wanted to introduce himself and note that he was running for the District 48 office. Council recess at 8:00 p.m. in order to meet in roundtable session to discuss the Parks and Recreation Director position. Council reconvened at 8:10 p.m. 7.3. Parks and Recreation Director Ms. Johnson presented the staff report Discussion was held by Council regarding the two finalists for the Parks and Recreation Duector position. Councilmember Zerwas expressed concern with the level of supervisory experience for candidate Michelle Olson. Ms. Johnson reviewed Ms. Olson's past supervisory experience and noted she had excellent references. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO OFFER THE PARKS AND RECREATION DIRECTOR POSITION TO MICHELLE OLSON. MOTION CARRIED 4-1. Counciltnember Zerwas opposed. 11. Adjournment There being no Euxther business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:35 p.m. Tina Allard, City Clerk Stephanie Klinzing, Mayor