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12-06-2010 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 6, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, Gumphrey, and Moon Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Fire Chief T. John Cunningham, Environmental Administrator Rebecca Haug, Economic Development Assistant Annie Deckert, Planning Manager Jeremy Barnhart, Captain Bob Kluntz, Captain Brad Rolfe, Street Superintendent Phil Hals, Street Fleet Maintenance Technician/Maintenance II Terry Mack, and Recording Secretary Jennifer Johnson 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 12/06/2010 A enda • MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent A enda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES ^ 11/01/10 REGULAR ^ 11/08/10 CANVASSING BOARD ^ 11/08/10 WORKSESSION ^ 11/15/10 REGULAR 3.2. CHECK REGISTER 3.3. CONSIDER APPLICATION FOR DEFERRAL OF SPECIAL ASSESSMENTS MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. Ciry Council Minutes December 6, 2010 Page 2 5.1.A. Recognition of Retirement of Police Chief Teff Beahen Ms. Johnson expressed her appreciation for former Police Chief Beahen's service to working • as Police Chief for the City of Elk River for over 17 years. She spoke highly of his dedication to the staff and residents of Elk River and wished him well on his retirement and future endeavors. Mayor Klinzing also expressed her appreciation for his years of service to the community. She read and presented his retirement plaque to Chief Beahen thanking him for his leadership and service to the city. 5.1.B. Recognition of Years of Service - Terrv Mack Mr. Hals recognized Terry Mack for his 35 years of service. He spoke very highly of Terry's dedication to the street department and noted he was an excellent employee. Mayor Klinzing also expressed her appreciation for Terry's years of service to the city. She read and presented a plaque thanking him for his 35 years of dedication and service to the community and his loyalty and professional service. 5.2. Oath of Office for Firefi hters Chief Cunningham introduced the three new firefighters to the council. Mayor Klinzing administered the oath of office and swore in Jason Grosskreutz, Mark Lees, and Bryan Provo as firefighters for the Elk River Fire Department. Their families then pinned their badges on them. 5.3. Police Chief Appointment and Oath of Office • Ms. Johnson presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPOINT BRAD ROLFE AS POLICE CHIEF EFFECTIVE IMMEDIATELY AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Mayor Klinzing administered the oath of office and swore in Brad Rolfe as Chief of Police for the City of Elk River. Chief Rolfe's wife, Jody, then pinned his badge on him. Chief Rolfe expressed his appreciation to the council and the many police employees who were present in support of his swearing in. He stated he looked forward to the responsibilities as police chief for the City of Elk River and thanked his family and co- workers for their support. 5.4. Bu et Hearing and Tax Levy Ms. Johnson presented the staff report with a Power Point presentation outlining the budget. She explained that the purpose of this evening's public hearing was to discuss the general city budget and general tax information and that it is not a time to discuss individual property values. She stated that if individuals have questions or concerns regarding their property values, they should attend the Board of Review meeting in the spring or contact the Sherburne County Assessor's Office. Ms. Johnson briefly outlined the process of this evening's budget presentation and comment period. She stated the Council approved the tax levy, $11,112,391 in September, which is the • maximum tax levy the City can adopt. Ms. Johnson reviewed the tax levy by use and City Council Minutes Page 3 December 6, 2010 ----------------------------- compared the levy with previous years. She also reviewed property tax changes and explained that a number of factors play a role in determining the property tax amount. Ms. Johnson reviewed general fiznd revenues and expenditures. Ms. Johnson stated that there were no new positions being added to the General Fund budget in 2011. Mr. Simon reviewed the special revenue funds and enterprise funds. He stated that the enterprise funds are self-supportive and not supported by tax dollars. Mr. Simon provided the public with a link to the Minnesota Department of Revenue website for residents to determine if they qualify for a property tax refund. He stated this link is also on the City's website. He concluded that the council will adopt the 2011 tax levy and budget following public input and comments. Ms. Johnson stated the City's local government aid and market value homestead credit were reduced by the Governor for both 2009 and 2010. She also noted that the City did not put any local government aid in the 2011 general fund budget. The Mayor requested public input on the tax levy and budget. No one spoke. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 10-63 AUTHORIZING THE PROPERTY TAX LEVY FOR COLLECTION IN 2011 AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY • COUNCILMEMBER MOTIN TO ADOPT THE 2011 GENERAL, SPECIAL REVENUE, AND ENTERPRISE FUND BUDGETS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 5.5. Request by Dennis Cornelius on Behalf of Amcon and Spectrum High School for Condtttonal Use Permit for an Educational Institution in the Business Park Zonin District Case No. CU 10-22 -Public Hearin Mr. Barnhart presented the staff report. The applicant, who was present at the meeting, questioned condition #5 from the Planning Commission regarding no parking on adjacent streets during evening events. He also questioned the purpose of condition #9 regarding providing abike/walking plan as an alternative means of getting to and from school. Barnhart noted the public hearing history, and that at the first public hearing, an adjacent property owner spoke in opposition to the school, citing concerns that a school may impact his business and its ability to obtain permits. Based on the information received to date, staff and the Planning Commission are recommending approval, with the 9 conditions outlined in the staff report Mayor Klinzing opened the public hearing. Vannesta Spark, director of Spectrum High School, introduced herself and thanked the City for their assistance in this request. Rick Peterson, staff member of Spectrum High School, discussed condition #5 and concerns with not enough parking for afternoon and evening events. He stated they would • be willing to educate the students on getting to and from school. City Council Minutes December 6, 2010 Page 4 Tim Serbus, an alumni of Spectrum High School and a freshman at Northwestern College, • complimented the school and told the council how prepared he was for college. Ashley Loehr, a senior student at Spectrum High School, complimented the school and how it encourages students to take an interest in leadership roles. Janice Dammeier, a parent of a current student at Spectrum High School, stated she is very impressed with Spectrum's quality of teachers and says the school lives up to its motto, "Small School, Big Results." Eric Budna, a teacher and school board member at Spectrum High School, stated he thought it was great that the City is working with Spectrum High School to help them expand. Dave Lucas, board chairman and parent of a student at Spectrum High School, stated he is excited with the opportunity to expand their school and allow for more opportunities for their students. There being no one else to speak, Mayor Klinzing closed the public hearing. Councilmember Westgaard suggested amending the condition to allow parking on streets. Mr. Barnhart suggested amending the condition to read, "No parking on the adjacent public streets from 8-4, Monday -Friday." This will allow for adequate parking during school events in the evening and on weekends. Councihnember Zerwas suggested the school come up with a plan or brochure to share with • its students regarding condition #9. Mr. Barnhart stated that the Planning Commission's intent was to have the school educate the students on safe travel to and from school. Councilrnember Moon stated he thinks the school is excellent but he is opposed to having Spectrum move their school into an industrial park. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE REQUEST BY DENNIS CORNELIUS, ON BEHALF OF AMCON AND SPECTRUM HIGH SCHOOL, FOR A CONDITIONAL USE PERMIT FOR AN EDUCATIONAL INSTITUTION IN THE BUSINESS PARK ZONING DISTRICT AS OUTLINED IN THE STAFF REPORT AND WITH THE FOLLOWING CONDITIONS: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required permits. 2. The building shall meet all building and fire codes. 3. Capacity of the school shall not exceed 525 students. 4. Inclusion of grades younger than 6`'' grade will require amendment to the CUP. 5. No parking on the adjacent public streets from 8:00 a.m. to 4:00 p.m., Monday through Friday. • City Council Minutes December 6, 2010 Page 5 6. Written verification that the sports field is an acceptable use under the • UPA easement. 7. All signage will be consistent with the Business Park Zoning District regulations. 8. Due to the industrial nature of the neighborhood, the school recognizes that noise, odors, truck traffic, and other undesirable effects may be present. 9. Provide abiking/walking plan as an alternative means of getting to and from school safely. MOTION CARRIED 4-1. Councilmember Moon opposed. 5.6. Request by Spectrum High School for Interim Use Permit to Allow the Use of Business Park Space for Wrestling Case No CU 10-23 -Public Hearin Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak at the public hearing, she closed it. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE REQUEST BY SPECTRUM HIGH SCHOOL FOR AN INTERIM USE PERMIT TO ALLOW THE USE OF BUSINESS PARK SPACE FOR WRESTLING AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. • 5.7. Citizen Request Regarding a Navigable Channel for the Mississippi River Jim Rossman requested to speak to the council this evening regarding the Mississippi River. He used a PowerPoint presentation to explain his thoughts and ideas about the use of the river. He felt that the city could generate revenue by removing rocks from the channel and marking the channel with buoys so as to decrease the damage to boats, and thereby increasing recreational boating traffic. He requested the City should consider getting involved with the Coon Rapids Dam Commission to stay informed with what happens with their dam and how that could affect Elk River and other cities upstream. Council requested that Ms. Haug look into the matter and report back to council. 5.8. Discuss Council Worksession Agendas Ms. Johnson presented the staff report. Review of two positions was added to the December 13 agenda. 6. Other Business There was no other business. 7. Council Updates There were no council updates. 8. Staff Updates • Ms. Johnson stated to the council that staff is working with the Minnesota Pollution Control Agenry along with Great River Energy on a wastewater. City Council Minutes December 6, 2010 Page 6 9. Adjournment • There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:25 p.m. Minutes prepared by Jennifer Johnson. Tina Allard, City Clerk Stephani Klinzing, Mayo •