11-19-2012 CCM MEETING OF THE ELK RIVER CITY COUNCIL
• HELD AT THE ELK RIVER CITY HALL
MONDAY, NOVEMBER 19,2012
Members Present: Mayor Dietz,Councilmembers Zerwas,Motin,Westgaard,and Gumphrey
Members Absent: None
Staff Present: City Administrator Calvin Portner,Planning Manager Jeremy Barnhart,
Park Planner Chris Leeseberg,City Attorney Peter Beck,Parks and
Recreation Director Michael Hecker,City Engineer Justin Femrite, Finance
Director Tim Simon,and City Clerk Tina Allard
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 11/19/2012 Agenda
• MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING
CONSENT AGENDA:
4.1 MINUTES.
• OCTOBER 12,2012 REGULAR.
• NOVEMBER 5,2012, CLOSED.
• NOVEMBER 5,2012 REGULAR.
4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.3 PUBLIC WORKS PROJECT PAY ESTIMATE AS OUTLINED IN THE
STAFF REPORT.
4.4 PURCHASE OF THE BAILEY POINT PROPERTY(Auditor's Subdivision
No.3,Lot 2,223 Nile Place).
4.5 RESOLUTION 12-60 ADOPTING AND LEVYING ASSESSMENTS FOR
ABATEMENT OF CITY CODE VIOLATIONS.
4.6 RESOLUTION 12-61 ADOPTING AND LEVYING ASSESSMENTS FOR
UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1,
2012.
•
City Council Minutes Page 2
November 19,2012
RESOLUTION 12-62 ADOPTING AND LEVYING ASSESSMENTS FOR
UNPAID SEWER SERVICES AS OF SEPTEMBER 30,2012. •
4.7 RESOLUTION 12-63 ADOPTING AND LEVYING ASSESSMENTS FOR
UNPAID WATER UTILITY SERVICES AS OF SEPTEMBER 30,2012
4.8 RESOLUTION 12-64 CANCELING THE SPECIAL ASSESSMENT AND
CANCEL ANY INTEREST ON MACGIBBON PROPERTY(PID#75-411-
0220) IN THE CITY OF ELK RIVER,SPECIAL ASSESSMENT LEVY
NUMBER 88082.
4.9 PARK IMPROVEMENT FUND POLICY UPDATE AS OUTLINED IN
THE STAFF REPORT.
MOTION CARRIED 5-0.
5. Open Forum
Fred McCoy,representing the Rivers Edge Group—Invited the Council to the downtown
tree lighting ceremony scheduled for December 1,at 4:30 p.m. He asked the Mayor to speak
and throw the switch at the event.
6.1 City of Elk River Volunteer of the Month-Mayor Dietz
Mayor Dietz introduced,read,and presented a plaque to November Volunteer of the Month
Jerry Takle:
A few of his accomplishments include:
• American Legion adjutant for 30 years •
• American Legion Post-30 years
• Post 112 membership chair
• Honor guard legion,serving at funerals and Memorial Day observances
• Elk River Municipal Utilities Commissioner for six years
• Past member of the Elk River Area Chamber of Commerce Board of Directors
7.1 Interim Use Permit:LeFebvre Properties,LLC to Extend Temporary Office Use (10895
171st Avenue NW),Case No. CU 12-23
Mr.Barnhart presented the staff report,noting that the IUP expires December 31, 2015.
Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor
Dietz closed the public hearing.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE AN INTERIM USE PERMIT
EXTENSION, CASE NO. CU 12-23 TO LEFEBVRE PROPERTIES, LLC.
MOTION CARRIED 5-0.
7.2 Conditional Use Permit: Parey Farm,LLC for Commercial Boarding of Horses and Sale of
Farm Products (21310 Brook Road NW),Case No. CU 12-22
Mr.Leeseberg presented the staff report.
•
City Council Minutes Page 3
November 19,2012
Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor
• Dietz closed the public hearing.
Councilmember Westgaard disclosed that he is an adjoining property owner but does not
have any conflict of interest on this request.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT,
CASE NO. CU 12-22 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 CODES.
3. THE BUILDING SHALL MEET ALL FIRE CODES.
4. ALL EXTERIOR SIGNAGE SHALL REQUIRE A PERMIT.
5. EXTERIOR SIGNAGE SHALL NOT EXCEED SIX(6) SQUARE FEET.
6. NO MORE THAN 22 ANIMAL UNITS SHALL BE ALLOWED ON THE
PROPERTY.
7. THE MANURE MANAGEMENT PLAN SHALL BE FOLLOWED AS
RECOMMENDED BY THE ENVIRONMENTAL ADMINISTRATOR.
8. ALL MANURE (SOLID OR LIQUID) SHALL BE DISPOSED IN
ACCORDANCE WITH MPCA REGULATIONS.
9. IF THE CITY FINDS THAT THE MANURE AND OTHER WASTE
MATERIALS CREATE A NUISANCE BY ATTRACTING FLIES, OTHER
INSECTS, RODENTS,OR BY CREATING OFFENSIVE ODORS,THE
CITY MAY ORDER THAT THE MANURE AND OTHER WASTE
• MATERIALS BE REMOVED ON A MORE FREQUENT SCHEDULE.
10. A 50-FOOT VEGETATED BUFFER ALONG WETLANDS IS REQUIRED.
11. THE KEEPING OF LIVESTOCK(FENCES) MUST BE SET BACK AT
LEAST FIVE (5) FEET FROM ANY PROPERTY LINE.
12. ANY USE BEYOND HORSE BOARDING,RETAIL SALES OF GOAT MILK
PRODUCTS OR SUSTAINABLE FARM-CRAFTED FOOD GOODS WILL
REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT.
13. GOATS UNDER THE AGE OF SIX(6) MONTHS SHALL NOT BE
CONSIDERED IN THE ANIMAL UNIT CALCULATIONS. BIRTH
RECORDS SHALL BE PROVIDED UPON REQUEST.
MOTION CARRED 5-0.
7.3 Conditional Use Permit: Spectrum High School for Athletic Complex (10129 1815[Avenue
NW).Case No. CU12-21
Mr.Barnhart presented the staff report.
Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor
Dietz closed the public hearing.
Rick Peterson,Athletic Director for Spectrum School, stated he was available for any
questions.He further noted this complex would provide a benefit to the entire community.
• Mayor Dietz asked Mr. Peterson to explain the community benefit.
City Council Minutes Page 4
November 19,2012
Mr.Peterson stated that he has been in contact with people involved with the youth football
association and there may be opportunities for use of the lit fields in the evenings. •
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE
PERMIT, CASE NO. CU 12-21 FOR SPECTRUM HIGH SCHOOL ATHLETIC
COMPLEX AS ILLUSTRATED ON DRAWINGS DATED OCTOBER 26,2012,
WITH THE FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE
APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS,
INCLUDING BUT NOT LIMITED TO WATER CONNECTION,
BUILDING,AND GRADING.
2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES.
3. A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF
CONSTRUCTION DRAWINGS.
4. NO CHANGE TO THE FLOOD PLAIN IS PERMITTED
5. NO PARKING SHALL BE PERMITTED WITHIN THE COUNTY ROAD 12
RIGHT-OF-WAY WITHOUT COUNTY APPROVAL.
6. THIS CONDITIONAL USE PERMIT SHALL TERMINATE WITH THE
TERMINATION OF THE CONDITIONAL USE PERMIT FOR SPECTRUM
HIGH SCHOOL AT 17791 INDUSTRIAL CIRCLE.
Councilmember Motin requested to add the following two conditions to the motion:
1. Specific hours for the field lights so that the accompanying noise and traffic won't •
bother neighboring citizens.
2. City review of the County Road 12 access when the classrooms or the field house is
constructed due to its linkage with a city street.
Mr.Peterson stated the school is agreeable with these two conditions.
Mr.Barnhart stated the field house and classrooms would require an amendment to the
conditional use permit and Council would have an opportunity to review the road access at
that time.
The maker and seconder of the motion are amendable to adding the following condition:
7. FIELD LIGHTS SHALL BE OFF BY 10:00 P.M.,SUNDAYS THROUGH
THURSDAY EVENINGS AND BY 11:00 P.M. ON FRIDAY AND SATURDAY
EVENINGS.THE APPLICANT COULD REQUEST EXCEPTIONS FROM
THE STAFF.
MOTION CARRIED 5-0.
7.4 Cornerstone Auto (17219 Highway 10) Final Plat and Conditional Use Permit
Mr.Barnhart presented the staff report.
Mayor Dietz opened the public hearing for the conditional use permt and the preliminary •
and final plat.
City Council Minutes Page 5
November 19,2012
• Steve Rohff, 17219 Highway 10-Stated he is opposed to the condition that requires
$10,000 of escrow for the landscaping.He stated the only thing left for them is planting
some grass around the building.He further noted they planted more trees than required. He
also expressed concern with the condition that they have to meet all applicable fire codes.
He stated he didn't want to have to install additional fire hydrants after the fire chief already
told them what was needed because they have already installed asphalt over the location.He
stated the Park Dedication fee should stay at what was already agreed upon in 2006.
Mr.Barnhart stated the requirement to meet fire codes is a standard condition in case some
type of violation occurs at a later date and the city needs to consider revoking the
conditional use permit due to any violations.
Mayor Dietz questioned the escrow for the landscaping condition.
Mr.Barnhart stated this is a 2012 conditional use permit and the city needs to ensure the
applicant is meeting current code requirements for landscaping.
Councilmembers Zerwas and Gumphrey had no concerns with removing the$10,000
escrow condition.
Councilmember Motin questioned what the process would be if the applicant didn't comply
with the landscaping requirements.
Mr.Barnhart stated it is easier to compel compliance by using the escrow funds and noted it
would be more difficult to revoke the conditional use permit.
• Mayor Dietz expressed concern with not applying rules consistently from one applicant to
another.
Mr.Rolfe stated he would be okay to leave the escrow as a condition of the permit as long as
he only had to comply with the 2006 ordinance requirements for landscaping.
Councilmember Motin stated the applicant should meet the 2012 landscaping requirements
because he is bound by the current city code as any other applicant would be.
Mr.Rolfe stated he got approval for his whole project in 2006 and the landscaping was the
first phase completed while everything else lapsed.He stated being it was completed in 2006,
should not have to be changed to match 2012 requirements.
Councilmember Motin stated both conditions should remain. He stated the applicant took
six years to work forward on his project and the laws have changed since that timeframe,
and as, such he should have to meet current fire code requirements.
A. Conditional Use Permit: Expansion,Case No. CU 12-2
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE
PERMIT CASE NO. CU 12-20 AS ILLUSTRATED ON THE FOLLOWING
DRAWINGS:
• • BUILDING ELEVATIONS DATED OCTOBER 25,2012,SHEET A4.
City Council Minutes Page 6
November 19,2012
• OVERALL SITE PLAN DATED OCTOBER 25,2012, SHEET Al.
• OVERALL FLOOR PLAN DATED OCTOBER 25,2012, SHEET A2. •
• LANDSCAPING PLAN DATED SEPTEMBER 20,2012, SHEET 1 AND 2.
AND SUBJECT TO THE FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE
APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS.
2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES.
THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE
HYDRANTS,AND MAY REQUIRE ADDITIONAL HYDRANTS
NECESSARY TO PRESERVE HEALTH AND SAFETY.
3. LANDSCAPING PLAN ILLUSTRATED ON PLANS DATED SEPTEMBER
20,2012.
4. THE SIGN PACKAGE IS NOT APPROVED.
5. THE PLAT SHALL BE RECORDED AND FEES PAID PRIOR TO
RELEASE OF THE BUILDING PERMIT.
6. CORNERSTONE TO PLACE$10,000 IN ESCROW AS GUARANTEE OF
THE LANDSCAPING IMPROVEMENTS. DUE TO THE LATENESS OF
THE YEAR,THE LANDSCAPING WAS NOT ABLE TO BE VERIFIED.
THE ESCROW WOULD COMPEL THE APPLICANT TO COMPLETE ANY
NECESSARY WORK.
MOTION CARRIED 5-0.
B. Preliminary and Final Plat:Jabez,Case No.P 12-04
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVING THE PRELIMINARY
PLAT AND ADOPTING RESOLUTION 12-65 GRANTING FINAL PLAT
APPROVAL FOR CASE NO.P 12-04 AS ILLUSTRATED ON DRAWINGS DATE
STAMPED SEPTEMBER 24,2012, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.22 FEET SHALL BE
PROVIDED ALONG 171ST AVENUE AS SHOWN ON THE DRAWING.
2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10
FRONTAGE,PROHIBITING ACCESS.
3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES.
THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE
HYDRANTS AND MAY REQUIRE ADDITIONAL HYDRANTS
NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE
RESIDENTS.
4. A SURFACE WATER MANAGEMENT FEE FOR LOT 1 SHALL BE PAID
AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING
(CURRENTLY$1,214 PER ACRE OR$21,524.22 TOTAL). SURFACE WATER
MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE
TIME THOSE LOTS ARE RELEASED FOR RECORDING AT THE RATE
ESTABLISHED AT THAT TIME.
5. A PARK DEDICATION FEE SHALL BE PAID FOR 8.05 ACRES AT THE
TIME THE FINAL PLAT IS RELEASED FOR RECORDING(CURRENTLY •
$7,444 PER ACRE,OR$59,924.20 TOTAL). PARK DEDICATION FOR
City Council Minutes Page 7
November 19,2012
OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE
• RELEASED FOR RECORDING AT THE RATE ESTABLISHED AT THE
TIME.
6. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE
PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE)AS REQUIRED
BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO
RECORDING OF THE PLAT.
7. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER
ONE YEAR,UNLESS THE PROPERTY OWNER OR OWNER'S AGENT
HAS RECORDED THE FINAL PLAT OR RECEIVED AN EXTENSION.
MOTION CARRIED 5-0.
7.5 Conditional Use Permit:Alliance Machine/Bryan Provo for Outdoor Storage in the
Business Park Zoning District,Case No. CU 12-17
Mr.Barnhart presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO CONTINUE CONDITIONAL USE
PERMIT, CASE NO. CU 12-17 TO THE DECEMBER 3,2012 CITY COUNCIL
MEETING. MOTION CARRIED 5-0.
8.1 Downtown Task Force Plan—Mississippi Connections
Mr.Barnhart presented the staff report.He stated the biggest challenge is that a timeline
• isn't known because there are no funds identified for Highway 10.
Mayor Dietz and Councilmembers Gumphrey,Zerwas,and Westgaard stated they support
the Plan and thanked the task force members for a great job.
The following comments were noted:
1. There will be some areas of the Plan that will be incorporated into the downtown.
2. The Plan is a framework,a guiding document to work from as it takes in a lot of the
aspects of the downtown.Any future recommendations based on the Plan would
have to come back to Council for consideration.
3. Plan is important due to future Highway 10 development plans. City doesn't know
when the Highway will develop,but Plan helps out so future growth and
development not caught off-guard.
4. Proactive planning will assist the city.
5. Plan suggests incentives and programs to assist with preservation,if wanted
6. Important to connect past to future.
Councilmember Motin further stated he appreciated the work and effort of the task force
members but noted he would not support the Plan because he opposes parts of it for some
of the following reasons:
1. Not viable for 30-40 years down the road.
2. Maintaining current buildings not feasible.
3. Concern to keep it as a draw for citizens within the community and the money that
• would need to be spent to keep people here.
City Council Minutes Page 8
November 19,2012
4. Preservation mandate is most concerning and shouldn't be restrictive on requiring •
historical structures to be kept.
5. Plan will sit on shelf.
6. Too small of an area
He further stated he liked some of the following aspects of the Plan:
1. Unique signage to identify the downtown area.
2. Promotion of downtown businesses as a whole by hosting various activities.
3. Highlighting and utilizing the Mississippi River better.
4. Having design standards in place.
Mr.Barnhart stated he will come back with a formal resolution at a future date.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT THE DOWNTOWN TASK
FORCE'S MISSISSIPPI CONNECTIONS PLAN.MOTION CARRIED 4-1.
Councilmember Motin opposed.
Taskforce member Stuart Wilson thanked Council for allowing this process and thanked the
public for their participation in drafting this Plan.
8.2 Parks Naming Policy
Mr.Hecker presented the staff report.
Councilmember Zerwas stated he would like to remove the language regarding an individual •
being deceased for two years in order to be considered for a naming opportunity. He stated
the request could come forward naturally as things can happen quickly and there may be
instances when naming something may be more impactful or meaningful for a family
member.
Mayor Dietz disagreed and stated emotion may cause a hasty decision in which a time delay
could help by offering more time for perspective.
Councilmember Motin concurred with Mayor Dietz and stated the Council needs to be
deliberate when making a decision that is permanent.He further noted there is no definition
of a "historical person" and questioned who would qualify. He suggested language that
better defines it such as being war related or providing 10 plus years of community service.
He stated he is okay with not changing the language at this time but if the policy comes back
again,then this section should be beefed up.
Councilmember Gumphrey stated he has no issue with removing the two year timeline for a
deceased person.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT THE PARKS AND FACILITIES
NAMING POLICY AS PRESENTED IN THE STAFF REPORT MOTION
CARRIED 5-0.
•
City Council Minutes Page 9
November 19,2012
9. Announcements
• Councilmember Motin requested the Quiet Zone item scheduled for the December
worksession agenda be moved to the on-camera meeting scheduled December 17. He noted
a lot of interest in this item and felt it should be televised.
Council debated whether to move this item but consensus was to keep it on the December
worksession for general discussion. It was noted this topic will be on camera for various
follow-up meetings.
The Council recessed at 8:00 p.m.in order to move into worksession.The Council
reconvened at 8:05 p.m.
10.1 Excess Fund Balance
Mr. Simon presented the staff report.He further explained how fund balance is calculated
and illustrated two examples with excess fund balance being utilized immediately versus over
time.He stated the city needs to take into consideration how to operate its cash flow over 6
month timeframes due to the timing of tax levy funds coming to the city twice a year.
Mr. Simon stated, based on rough data,that expenditures may be approximately 2%under
budget and that the tax collections from Sherburne County are about 95%.
Mr. Portner referred to the illustrations in the staff report and stated what is important to
note with the use of the fund balance to replace revenue, the tax levy goes down temporarily,
but will eventually require a levy increase or service cuts to replace the temporary revenue.
• He stated historically(within the city) the excess fund balance has been used for other
various projects;but due to the tough economy in the last few years,staff's recommendation
has been to save more of the excess balance.He further outlined the federal government's
current fiscal cliff issues and how this similar scenario creates a structural imbalance.
Mayor Dietz stated it is much easier to transfer excess funds into various projects when
times are good,but times are currently not good and the money should be refunded back to
taxpayers. He stated we should use it to help with the tax rate this year and if we don't have
excess next year,we will work on it in the budget process.
Councilmember Westgaard stated the city should draw down the excess funds per the Fund
Balance Policy and agreed with the option of drawing it down over the course of 3 years.
Councilmember Zerwas stated Option 2 (outlined in the staff report)reminds him of what
the Council decided to do with the YMCA special levy and the funds received from
Sherburne County;whereby the city had the option to use a bulk of the funds up front and
having no tax levy increase for taxpayers for a year or two.But then the big tax levy hit and
the Council had decided to take the$2 million grant from Sherburne County and spread it
over several years to help keep the tax levy stable with the hope that as the money ran out,
the net tax capacity would increase and there wouldn't be a large jump in the YMCA special
levy.
Councilmember Zerwas stated having a long-term plan for the excess funds is the best
option as it allows for more stable financing.
t
City Council Minutes Page 10
November 19,2012
Mr. Simon noted,from Council direction provided,that as the budget is completed for 2013,
staff will work with the goal of utilising the excess funds per the Fund Balance Policy over •
the next several years.The Council concurred.
10.2 Pavement Management Program Funding Options
Mr. Femrite presented the staff report.He noted that another city recently went through a
public process for reviewing funding options and the preferred method was the franchise fee
option. He indicated that determining how to make the process fair to property owners is a
challenge but now may be the best time to make the change as most streets have been
constructed or repaired within the last 20 years. He stated staff believed a franchise fee
would be the fairest assessment to property owners. He reviewed the pros and cons of the
options as noted in his staff report. Mr. Femrite noted that preventative maintenance is not
included in these calculations.
The Council discussed various unique scenarios and how it would affect property owners.
Some questions discussed and to be reviewed further:
1. If franchise fee charged to gas and electric customers,what about capturing rural
customers who may be using propane instead of gas.
2. What is the percent of properties not using gas?
3. What is the percentage of residents that have paid assessments for the last 10-15
years?
4. How should the 2010-2011 assessed property owners be phased in or incorporated
into a plan?
5. How should property owners who paid their assessments up front versus financed •
over time be reimbursed?
6. How to handle issues with a property owner versus tenant issues?
7. How do the different needs of commercial and industrial users get addressed?
Should a franchise fee be based on usage or a flat amount?Concern over the rate
charged to commercial/industrial users versus residential users and making sure not
to drive business away. It was noted the Stormwater Management Fee may be
coming forward soon also.
8. How would a franchise fee work for differing home values?What would be the
basis for setting these fees?
9. How will implementation of a plan work?
Attorney Beck noted the fees can't be set arbitrarily and the city will need to review what
other communities have done,get guidance from the Public Utilities Commission,and
review past court case history.
Mr. Femrite stated staff favors Option 2 for ease of administration as far as creating a fair
system for rebating the more recent assessment projects.
Mayor Dietz stated he won't be in favor of the franchise fee option unless there is a better
benefit for the business community.
Councilmembers Zerwas and Gumphrey shared concerns regarding the expense to business
owners and would like to see a more balanced approach between them and residential
owners. •
City Council Minutes Page 11
November 19,2012
Councilmember Motin noted the levy would decrease if the funding is removed from the
• General Fund.
Council consensus was the franchise fee option would be the best alternative but it needs to
be fair and equitable to property owners.
Mr. Femrite stated,based on comments from Council,staff will focus on the franchise fee
approach and spend time on equitable solutions that will be similar to Option 2 as outlined
in the staff report.
Attorney Beck stated the fee could be doubled for electric customers with no fee on the gas
customers in order to address concerns of not all property owners being connected to gas.
He asked for more direction from Council on industrial/commercial users.
Mr. Portner stated the utilities don't make it a secret this fee is coming from the city and it is
not the city's intention to hide the fee in utilities bills but rather to create a more equitable
system.He stated the city will be transparent as this item moves forward.
Councilmcmber Motin stated he got his recycling bin but no information on how to use it or
when the program begins.
Mr. Portner stated he would provide more information.
11. Adjournment
• There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 9:30 p.m.
% t
Jo J.Die ,Mayo
Tina Allard,City Clerk
•
SPECIAL MEETING OF THE ELK RIVER CANVASSING BOARD
• HELD AT THE ELK RIVER CITY HALL
TUESDAY, NOVEMBER I3, 2012
Members Present: Mayor Dietz,Councilmembers Gumphrey,Zerwas,Westgaard,and Motin
Members Absent: None
Staff Present: City Administrator Cal Portner and Executive Secretary/Deputy City Clerk
Jessica Miller
1. Call Meeting To Order
Pursuant to due call and notice thereof,the meeting of the Elk River City Council acting as
the Canvassing Board was called to order at 7:05 p.m. by Mayor Dietz.
2. Canvass Results of Primary Election
The November 6,2012,general election results for the Councilmnember Ward 2 and
Councilmember Ward 3 races were reviewed.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 12-59
• APPROVING THE ABSTRACT OF VOTES CAST IN THE PRECINCTS IN
THE CITY OF ELK RIVER,STATE OF MINNESOTA AT THE GENERAL
ELECTION HELD TUESDAY,NOVEMBER 6,2012.MOTION CARRIED 5-0.
3. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 7:06 p.m.
J J. ►Metz
ayor
Tina Allard
City Clerk
•