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4.1. DRAFT MINUTES 07-16-2012DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 2, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, and Motin Members Absent: Councilmember Westgaard Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Planning Manager Jeremy Barnhart, Street Superintendence Mark Thompson, Environmental Administrator Rebecca Haug, City 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 City Council Minutes July 2 2012 Page 2 CONTACTING THE FIRE MARSHAL AT 763.635.1110 OR 763.238.3489 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 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. 6.1 Awards /Recog_nitions There were no awards or recognitions. 7.1 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. City Council Minutes July 2 2012 Page 3 Councilmember Gumphrey asked if the neighboring residents had their questions answered. Mr. Barnhart stated their questions had been answered as they were mainly concerned with what would be built on the vacant land portion of the property. 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 Mr. Barnhart presented the staff report. Councilmember Gumphrey asked if the visioning tasks are staying 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 Moon 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 (MPCA). 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. City Council Minutes July 2 2012 Page 4 Currently, the city funds the Storm Water Utility with an annual $50,000 tax levy. However, if a fee is not approved by the Council, the estimated tax levy contribution needed to fund the utility in 2012 will need to be increased to $635,514 in order to create enough funds to continue a storm water system that complies with regulations. Councilmember Zerwas was not in favor of charging a storm water utility fee. He felt the $50,000 budgeted was sufficient for future pond maintenance. He noted his concerns about adding another fee to a commercial unit, saying it wasn't realistic to burden commercials businesses. He stated he will not support this fee. Mayor Dietz asked when the cities on the survey 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 years 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 way of computing the fee each property owner would be required to pay. 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. Councilmember 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. City Council Minutes July 2 2012 Page 5 Mayor Dietz agreed with Councilmember Zerwas' 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 fmd it needs improvements, you file a plan of action that would include a certain period of time to do the needed improvements. This plan would need to be reviewed and approved by the MPCA before work would be completed. Councilmember Gumphrey stated he would be comfortable waiting until the MPCA finalizes their permitting requirements and that consideration should also be taken during next year's budget discussions in order to determine what 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 staffls 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. Fortner 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. City Council Minutes July 2 2012 10. Adjournment Page 6 There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:30 p.m. Minutes Prepared by Jennifer Johnson John J. Dietz, Mayor Tina Allard, City Clerk