07-02-2012 CCM• MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JULY 2, 2012
Members Present: Mavor Dietz, Councilmembers Zerwas, Gumphrey, and Motin
Members Absent: Councihnember Westgaard
Staff Present: Cit.- Administrator Calvin Portner, Finance Director Tim Simon, Planning
Manager Teremy Barnhart, Street Superintendence Mark Thompson,
Environmental _administrator Rebecca Haug, Ciry Engineer Justin Femrite,
and Recording Secretary- Jennifer Johnson
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 Dietz.
2. Pledge of .allegiance
The Pledge of _allegiance was recited.
3. Consider. Council Agenda
• MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA WITH THE
ADDITION OF ITEM 4.8. MOTION CARRIED 4 -0.
4. Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 JUNE 11, 2012 WORKSESSION MINUTES.
4.2 CHECK REGISTER.
4.3 SPECIAL EVENT PERMIT — SHERBURNE COUNTY AREA UNITED
WAY WITH THE FOLLOWING CONDITIONS:
1. CERTIFICATE OF INSURANCE MUST BE FILED WITH THE
CITY PRIOR TO THE EVENT NAMING THE CITY AS AN
ADDITIONAL INSURED.
2. APPLICANT MUST OBTAIN PROPERTY OWNER PERMISSION TO
USE PRIVATE PROPERTY.
3. NOTICE OF EVENT, INCLUDING SPECIFIC INFORMATION
REGARDING ANY STREET OR PARKING LOT CLOSURES, MUST
BE GIVEN TO AREA BUSINESS AND RESIDENTS AT LEAST TWO
WEEKS PRIOR TO THE EVENT.
4. IF TENTS ARE USED THEY MUST MEET APPLICABLE STATE
• AND FIRE BUILDING CODE REQUIREMENTS. NO STAKES
SHALL BE POUNDED INTO THE PAVEMENT. STAKELESS TENTS
SHALL BE USED. APPLICANT IS RESPONSIBLE FOR
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CONTACTING THE FIRE ".MARSHAL AT 763.635.1110 OR 763.238.3489
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TO SCHEDULE AN INSPECTION? PRIOR TO OPENING OF THE
TENT.
5. ALL BOOTHS, TENTS, TRAFFIC CONTROL, ETC. MUST BE
REMOVED FROM THE PUBLIC PARKING LOTS BY 10 A.M. ON
SUNDAY, JULY 29.
6. THE APPLICANT WILL WORK WITH THE PARKS AND
RECREATION DEPARTMENT TO ENSURE MUSIC BEING
PLAYED IS APPROPRIATE FOR THE DOWNTOWN PUBLIC AREA.
ALL NOISE ORDINANCES MUST BE FOLLOWED.
7. OUTSIDE FOOD SALES MUST COMPLY WITH ALL MINNESOTA
DEPARTMENT OF HEALTH RULES AND REGULATIONS.
8. APPLICANT SHALL PROVIDE GARBAGE SERVICE THROUGH A
PRIVATE CONTRACTOR.
9. APPLICANT SHALL PROVIDE PORTABLE TOILET FACILITIES
THROUGH A PRIVATE CONTRACTOR.
10. NO TOBACCO USE PERMITTED ON PARK PROPERTY.
11. ALCOHOL IS NOT PERMITTED ON RIVERS EDGE COMMONS
PARK PROPERTY. ALCOHOL MUST BE LIMITED TO THE
PARKING LOT WITH FENCED IN AND SECURED AND
CONTROLLED ACCESS. ONE POLICE OFFICER MUST BE ON
DUTY AT ALL TIMES WHILE ALCOHOL IS SERVED.
12. APPLICANT IS RESPONSIBLE FOR ANY FEES ASSOCIATED
WITH POLICE AND PARK EMPLOYEES.
13. APPLICANT IS RESPONSIBLE FOR BARRICADING ALLEY AND
PARKING LOT. EMERGENCY PERSONNEL ACCESS MUST
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REMAIN OPEN AT ALL TIMES, THEREFORE, NOTHING SHALL
BE STORED OR SET -UP IN THE ALLEY.
4.4 RESOLUTION 12 -28 ESTABLISHING MUNICIPAL STATE AID
HIGHWAY (PROCTOR STREET FROM COUNTY ROAD 1 TO CSAH
33).
4.5 LIQUOR LICENSE RENEWAL — EL AMIGOS, VALID THROUGH
JUNE 2013.
4.6 RESOLUTION 12 -29 ACKNOWLEDGING CONTRIBUTIONS FROM
THE ELK RIVER LIONS CLUB.
MOTION CARRIED 4 -0.
Open Forum
No one appeared for open forum.
Awards /Recognitions
There were no awards or recognitions.
Request by Robert Stuttgen for a Lot Split, Case No. LS 12 -03
Mr. Barnhart presented the staff report. The applicant was available to answer questions.
Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed •
the public hearing.
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• Councilrnember Gumphrex- asked if the neighboring residents had their questions ansv,-ered.
'1r. Barnhart stated their questions had been alsxx-ered as they were mainly- concerned -x-ith
what would be built on the vacant land portion of the propert, .
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE REQUEST BY ROBERT
STUTTGEN FOR A LOT SPLIT, CASE NO. LS 12 -03, WITH THE FOLLOWING
CONDITION:
1. THE SUBDIVISION DRAWINGS SHALL BE SUBMITTED TO THE
CITY IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED
BY CITY ORDINANCE AND LAND USE APPLICATION.
MOTION CARRIED 4 -0.
8.1 Visioning Update
�Ir. Barnhart presented the staff report.
Councilmember Gumphrey asked if the visioning tasks are staring current and completed in
a timely matter.
Mr. Barnhart stated he felt the visioning is staying on task but explained some of the goals
are ongoing, require a culture shift, or have a direct impact to the budget.
• Councilmember Motin asked if perhaps some of the goals should be considered as subtasks
to bigger goals. Mr. Barnhart agreed that at some point, the Council and staff could identify
subtasks.
Mr. Barnhart stated that the Council will discuss 2012/2014 goals and tasks at the August
worksession.
8.2 Storm Water Utility Fee
Mr. Femrite introduced Stan Hanson, P.E. a consultant from Stantec, who presented the
feasibility report via a PowerPoint presentation to the Council. The study outlined the city's
existing Storm Water Management program, and outlined the current and future funding of
the city's storm water program. Mr. Hanson explained that storm water regulations have
significantly increased in the past 10 years due to increased permitting regulations from the
United States Environmental Protection Agency as well as the Minnesota Pollution Control
Agency WC-,k).
Mr. Hanson recommended to the city that in order to cover the increase in future storm
water cleanup costs and upkeep, that it create a Storm Water Utility Fee. This fee would be
charged to both residents and businesses. Mr. Hanson suggested charging this fee based
upon the amount of runoff generated from a property, thus the area of impervious surface
coincides to the volume of storm water generated from the property. The larger the
property's buildings and parking lots, the greater the volume of storm water, resulting in
increased cost to provide water quality treatment. By charging a monthly fee, there would be
• dedicated fund to assist in maintenance of these ponds. He then showed figures of other
Minnesota cities that charge a fee and what their fees were.
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Currently, the city funds the Storm Water L-tilin- with an annual S50,000 tax levv. However,
if a fee is not approved by the Council, the estirmated tax levy contribution needed to fund
the utility in 2012 ,�t-ill need to be increased to 5635,514 in order to create enough funds to
continue a storm water system that complies with regulations.
Councilmember Zer\vas was not in favor of charging a storm water utility- fee. He felt the
550,000 budgeted was sufficient for future pond maintenance. He noted his concerns about
adding another fee to a commercial unit, sating it ,vasn't realistic to burden commercials
businesses. He stated he Rill not support this fee.
Mayor Dietz asked when the cities on the survev started charging fees. Mr. Hanson stated
the bigger cities, like Minneapolis and St. Paul, had implemented a storm water utility- fee in
the 1980's but other cities have charged a fee more recently with the last 5 -10 rears ago.
Councilmember Motin stated he realized the need for obtaining additional funding due to
increased permitting requirements, but questioned having to raise the budget so much in
order to cover these improvements, and wondered if there were a different wav of
computing the fee each property owner would be required to par.
Councilmember Zerwas asked about inspection of the ponds and are there ponds that
currently need to be dredged.
Mr. Femrite said the inspections of the ponds were a visual inspection only; the contents of
the ponds would have to be tested to determine the quality of the contents. He stated based
on a visual inspection, approximately 20 -25% of the city's ponds need immediate action to
correct erosion or excavate sediment. •
Councilmember Zerwas felt uncomfortable with not knowing the condition of the ponds
and guessing at a budget amount based on assumptions without first inspecting and testing a
pond.
Mayor Dietz asked who would be charged a fee.
Mr. Femrite stated that based upon preliminary calculations, every property owner would be
required to pay the monthly fee with the exception of those commercial properties with their
own industrial storm water permit.
Councilmember Zerwas asked what the fee amount would be for the school district.
Mr. Femrite stated the school district's cost would be $30,000 a year
Councihmember Gumphrey asked what the process would be to start improving the 20 -
25% of ponds needing immediate improvements.
Mr. Femrite stated the city wouldn't be able to do any soil testing in -house and would have
to hire a consultant. He stated the testing will show what the contaminants are in the soil.
Mr. Femrite also commented on the fact that this preliminary report is before knowing if the
permitting regulations are to be increased. He stated that even if the city doesn't receive
further regulations, the surface water budget will be exhausted by 2014. He further stated •
that our current expenditures are much higher than the amount being put into the fund.
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Mayor Dietz agreed with Council nember Zenvas' comments and felt that this should be
something to be discussed during the upcoming budget talks.
Councilmember Gumphrey asked how long after the mandates are in place that the ponds
would need to be dredged.
Mr. Femrite stated the permit says that once you've inspected a pond and find it needs
improvements, you file a plan of action that would include a certain period of time to do the
needed' mprovements. This plan would need to be reviewed and approved by the - \'IPCA
before work would be completed.
Councilmember Gumphrey stated he would be comfortable waiting until the '_\IPCA
finalizes their permitting requirements and that consideration should also be taken during
next year's budget discussions in order to determine -,x-hat the city should do. He felt the city
should also look at different ways of charging businesses with their fee.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FINDINGS OF THE STORM
WATER FEASIBILITY STUDY AS OUTLINED IN THE STAFF REPORT.
MOTION PASSED 3 -1. COUNCILMEMBER ZERWAS OPPOSED.
Councilmember Motin asked what staff's next steps would require.
Mr. Femrite stated if authorized by Council, staff would draft an ordinance and have it ready
for Council to review. A public hearing would be scheduled before the ordinance would
• then be adopted by the Council.
Councilmember _Motin asked when the fees would begin to be charged.
Mr. Hanson stated the start date of charging a fee could begin at any time.
Mayor Dietz expressed concerns with starting the fee on January 1 of 2013. He felt if a fee
was to be put in place, it should wait until after budget discussions took place.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO CONTINUE THE MATTER OF THE
STORM WATER UTILITY FEE DISCUSSION FOR THREE MONTHS AND
UNTIL AFTER REGULATIONS FROM THE MPCA BECOME FINAL.
MOTION PASSED 4 -0.
8.3 Discuss Work Session Agendas
Mr. Portner discussed the July and August work session items. The Utility Incentive
Connection Plan discussion was moved to the August work session. Also added to August
was a discussion of Council goals.
Announcements
There were no announcements.
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10. Adiournment 0
There being no further business. Ma�-or Dietz adjourned the meeting of the Elk River City
Council at 7:30 p.m.
niter Johnson
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