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09-10-2007 CC MIN• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, SEPTEMBER 10, 2007 Members Present: Mayor Klinzing, Councilmembexs Farber, Gumphrey, Morin, and Zerwas Members Absent: None Staff Present: City Administeatox Lori Johnson, Finance Duector Tim Simon, Fixe Chief Bruce West, Parks and Recreation Director Bill Maextz, Community Development Duectox Scott Clark, Planning Manager Jeremy Barnhart, Chief of Police Jeffrey Beahen, Police Captain Bob HIuntz, Environmental Administrator Rebecca Haug, and Recording Secretary Jessica Miller 1. Call Meeting To Oxdex Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:35 p.m. by Mayor Klinzing. 2. Consider Council Agenda Resolution acknowledging the monetary contribution from the Greater Minnesota Credit Union was added as item 3.3. to the Consent Agenda. • MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. ADOPT NEW FORMAT OF LAND USE MAP (CAD) 3.2. HIRE MICHAEL SCHIPPER AS COMMUNITY SERVICE OFFICER 1 EFFECTIVE SEPTEMBER 11, 2007, AT PAY GRADE 2, STEP A 3.3. RESOLUTION 07-75 ACKNOWLEDGING CONTRIBUTION FROM THE GREATER MINNESOTA CREDIT UNION TO THE PARgS AND RECREATION DEPARTMENT MOTION CARRIED 5-0. 4. Ouen Mike No one appeared fox open mike. 5.1. 2008 Budget and Tax Lew • City Adtninistxatox Loxi Johnson indicated that the Economic Development Authority approved a resolution establishing the 2008 referendum tax levy as approved by voters fox a City Council Minutes September 10, 2007 Page 2 recreational fadlity to be leased to the YMCA. She explained that the law states that such a • resolution must be passed by the EDA. Ms. Johnson asked the Council [o consider resolutions approving the 2008 proposed property tax levy, the 2008 HRA tax levy, and the 2008 EDA tax levy. A. Resolution Authorizing the Proposed Property Tax Levy for Collection in 2008 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-76 AUTHORIZING THE PROPOSED PROPERTY TAX LEVY FOR COLLECTION IN 2008. MOTION CARRIED 5-0. B. Resolution Approving the Housing and Redevelopment Authority 2008 Tax Levy MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-77 APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY 2008 TAX LEVY. MOTION CARRIED 5-0. C. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-78 APPROVING • THE 2008 TAX LEVY FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY. MOTION CARRIED 5-0. D. Motion Calling for Truth in Taxation Hearing and Continuation Date MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO SET THE TRUTH-IN-TAXATION HEARING FOR MONDAY, DECEMBER 3, 2007, AT 6:30 P.M. WITH THE CONTINUATION HEARING FOR MONDAY, DECEMBER 10, 2007, AT 6:30 PM. MOTION CARRIED 5-0. E. Elk River Fire Relief Association Pension Contribution Options StaFf report presented by Finance Director Tim Simon. The Council concurred that they liked the fourth option which is to have a fixed voluntary contribution amount that is reviewed periodically. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO SET THE ELK RIVER FIRE RELIEF ASSOCIATION VOLUNTARY CONTRIBUTION AMOUNT AT $30,000 AND FOR THE AMOUNT SET TO BE REVIEWED EVERY THREE YEARS. MOTION CARRIED 5-0. 5.2. Pazks Capital Improvement Plan • City Council Minutes Page 3 September 10, 2007 Finance Director Tim Simon reviewed the Parks Capital Improvement Plan as presented in his staff report. Counci]membex Motin questioned why the estimated residential units fluctuate from year to year. Parks and Recreation Director Bill Maertz indicated that based on discussions with the Planning Department these are conservative numbers and were figured with major housing developments coming online. Ms. Johnson noted that the numbers axe also based on the Financial Land Use Plan. Mayor Klinzing questioned if Pinewood Golf Course would be profitable in the future. Mr. Maertz indicated that staffs goal is to make Pinewood profitable and that maybe accomplished once the equipment leases are paid off. Councilmember Fazber expressed concern with the Orono Pazk project being a few yeazs away. He stated that the roads around the park axe in terrible shape and is concerned with the amount of traffic the YMCA will bring to that azea. Mr. Maertz indicated that the Orono Pazk project will be completed sooner if funding becomes available. Councilxnembex Motin questioned the need fox a pool and bathhouse at Woodland Trails Park. Mx. Maertz explained That the idea came out of a Parks and Recreation Commission worksession as a result of resident comments that Elk River needs an outdoor swimming facility. Mr. Maertz noted that this would be similar to what Elk Creek Park Reserve offers. A. Malmstxom Propextv Ptixchase Agreement Parks and Recreation Duectox Bill Maertz presented the staff report. Councilmember Gutnphrey stepped out. Councilmember Motin indicated that he believes the city had a better deal with the original 18 acre parcel of land. Mx. Maertz explained that the city was not made aware of the Malmstrom/Tiller deal to provide a buffer until after the original proposal was approved by the Council. He noted that this azea has been identified as a tazget area by the Pazks and Recreation Commission. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE MALMSTROM PURCHASE AGREEMENT AS PRESENTED. MOTION CARRIED 4-0. B. Youth Athletic Complex Improvements Pazks and Recreation Director Bill Maertz presented the staff repot. Councilmember Gumphrey returned. Councihnember Farber indicated that he believes these improvements axe needed and will significantly improve the Youth Athletic Complex (YAC). Mayor Klinzing stated that she would like the two phases of the project to be completed • closer together if funding is available. Ciry Coundl Minutes Page 4 September 10, 2007 ----------------------------- Councilmember Gumphrey questioned if phase two could be included in the 2008 budget. Mr. Simon stated that phase two could be completed using Park Dedication reserves. Ms. Johnson indicated that if this project is a Council priority, staff could look at other funding options if funds azen't available in the Park Dedication fund. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO AMEND THE 2007 PARKS DEDICATION BUDGET TO INCLUDE 5100,000 IN IMPROVEMENTS TO THE YOUTH ATHLETIC COMPLEX WITH THE UNDERSTANDING THAT IF MONEY IS NOT AVAILABLE IN THE PARK DEDICATION FUND ANOTHER FUNDING SOURCE WILL BE IDENTIFIED. MOTION CARRIED 5-0. 4. Open Mike Mayor Kl;n>ing reopened open mike to allow two individuals who came late to speak. Karen Atria, Olde Main Eatery -indicated that there aze two apaztments above the business that she and her husband own and she has concerns regazding the new parking restrictions in the King Avenue parking lot. Ms. Atria explained that she and her husband recently upgraded the apartments but are having problems getting renters. She stated that the prospective tenants show interest in the apartments but axe turned away once they find out they must park across Highway 10. She would like the Council to consider designating two to four parking spots in the King Avenue Parking Lot for their renters. Debra McCoy, 15260 96~ Street NE, Otsego -stated her daughter is very interested in renting one of the Attia's apartments but has concems about the parking situation. Ms. McCoy stated that hex daughter works late and it would be dangerous fox her to walk across the street at night by herself. She asked the Council to consider allowing at least one parking spot for each apartment in the King Avenue pazking lot. Ms. Johnson noted that the downtown parking study will be presented to the City Council on September 17. Ms. Attia explained that both of her apartments axe currently vacant and so any new pazking rules could be conveyed to new tenants. She also indicated that the requirement for visitors to pazk across the street could be written into her contract with the tenants. Discussion took place on current parking restrictions and how they could be lifted to allow overnight tenant parking. Mayor Klhizing indicated that she would like to accommodate the tenant's needs fox parking spots. The Council concurred but agreed that no decision should be made until after presentation of the parking study next week. Ms. Attia noted that there are more problems with parking than ever before since the new rules wete implemented. She stated that employees who do not have pazking passes are parking in customer pazking and moving their vehicles every three hours. Councilmember Zenvas stated that it is difficult to enforce the restrictions if the employees aze not exceeding the three hour maximum. He stated that it is the responsibility of the employer to notify their employees where the correct location to park is. r 1 ~J • City Council Minutes Page 5 September 1Q, 2007 • Mayor Klinzing closed open mike. 5.2. Parks Capital Improvement Plan -continued Mr. Maertz indicated that the Library Boazd has recommended that a screened porch overlooking the lake be added back into the library project. He explained that the porch was originally removed from the project due to budget limitations; however, the library is on budget and no contingenry funds have been needed. He stated that the estimated cost of the porch is $75,000 which is proposed to be funded from these contingenry funds. He stated that this item will be btought back For formal action. 5.3. Community Development Items A. Clarification of Request byJohn Weicht & Associates on Behalf of Holy Trinity Eoisco~ Church for a Conditional Use Permit for an Addition- Case No. CU 07-21 Planning Manager Jeremy Baxnhazt presented the staff report. John Weicht, on behalf of Holy Trinity Church, presented the revised proposal for the church expansion. Mx. Barnhart indicated that staff is looking fox clarification that the proposal presented is consistent with the Council's expectation of the fa4ade treatments fox Holy Trinity Episcopal Church. The Council concurred that the proposal is acceptable. • B. Authorization to Change Planning Commission Meeting Schedule Staff report presented by Planning Manager Jeremy Barnhart. It was the consensus of the Council to begin the process to consider the switch of the two Planning Commission meetings. C. Authorization to Initiate Rezoning of Certain Areas of the City to Transitional Commercial Reserve Mt. Barnhart presented the staff report. Council consensus was fox staff to proceed with initiating the consideration of rezoning of certain azeas of the city to Transitional Commercial Reserve. D. Authorization to Initiate Lifting the Sign Moratorium Mr. Barnhart presented the staff report. Council consensus was for staff to prepare a formal ordinance to lift the sign moratorium. E. Energy City Three-Year Plan Environmental Administrator Rebecca Haug presented the staff report and PowerPoint on • the Energy City Commission Three-Year Plan. City Council Minutes September 10, 2007 Page 6 The following Energy City Commission representatives were present: Bryan Adams, Todd • Berreman, and Vance Zehringer. Ms. Haug explained that the Commission felt that the energy city coordinator should be a city position since the Energy City Commission is a city commission. Mr. Zehringex noted that the Energy City Commission will continue to seek donations to help fund energy city activities. Mr. Bexreman explained that in 2008, the focus fox energyaelated businesses will shift from giving funding for conservation education to saving money by conservation and he feels it is important to have someone dedicated to continuing conservation education. Mayor Klinzing stated that she believes that the dty is in need of at least a part-time employee dedicated to energy city activities. Councilmember Zerwas indicated that there is not much difference between the duties listed between apart-time and full-time position. He stated that he doesn't believe apart-time position is justified in 2008 and definitely not afull-time person in 2009. Councilmember Farber indicated that he could support apart-time position in 2008 but believes the position should be reevaluated in a couple yeazs to see if a full-time position is warranted. Mr. Zehringex stated that the prospect of the position going full-time needs to be there in order to get a quality person in the position. • Councihnember Morin indicated that he would need to see the benefit of the position prior to making it afull-time position. He noted that he would like to see businesses on board with the program as well. Councilmembex Gumphrey explained that he believes this position will benefit the businesses more than the dry and that he feels that the businesses should pay for this position rather than the city. Ms. Johnson noted that this position was removed from the 2008 budget during recent budget discussions and the Council should make a motion to include it back in if that is their desire. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO INCLUDE APART-TIME ENERGY CITY COORDINATOR IN THE 2008 BUDGET. MOTION CARRIED 5-0. 2007 Energy Expo Recap Ms. Haug presented the staff report providing an update on the 2007 Energy Expo. F. Gravel Mining Hours of Operation Staff report presented by Environmental Administrator Rebecca Haug. • City Council Minutes September 10, 2007 Page 7 • Councilmembet Gumphxey indicated that he has received a few complaint calls on mining operations. He questioned why the operations are allowed to begin at 6 a.m. and go until ? ox 8 p.m. He would like hours restricted to average work day hoots. Ms. Haug stated that the dty's ordinance allows gravel mining operations from 7 a.m. to 7 p.m. but that different hours may have been approved by the Council with previous Conditional Use Permits. Community Development Director Scott Clark indicated that hours previously approved by the Council in gravel mining Conditional Use Permits cannot be renegotiated. Councilmember Gumphxey stated that he would like shorter hours to apply to new applicants. Councilmembex Morin explained that the problem is that residential areas are moving closer [o the gravel mines. He stated that he would be interested in seeing restrictions set neaz residential areas. Ms. Haug explained that the noise omitted from a gravel mining operations varies depending on many factors including crusher placement, wind, etc. and that it would be difficult to implement a certain setback requirement. Councilmembex Farber indicated that he has received complaints on Tiller Corporation beginning operations at 4 a.m. Ms. Haug noted [hat Tiller may be reverting back to their original hours. The Council concurred that Tiller Corporation should be required to operate within the 7 a.m. to 7 p.m. timeframe. Councilmember Farber indicated that he would like staff to review the 6 a.m. to 2 a..m. hours that two of the gravel mines operate under. G. Framework Questions Community Development Director Scott Clark presented the staff report. Mayor Klinzing questioned if staff should be educating residents on the ordinances to help alleviate some code enforcement complaints. Mx. Clark explained that education is a component of code enforcement and as complaints drop off in the fall, staff will utilize that time to educate residents via cable, city newsletter, and the newspaper. Councilmember Farber questioned if all current businesses would be required to obtain a business license and if it would be costly. Mx. Clark indicated that the cost will be nominal as business licenses will be used as a regulatory control to catch items that may not be up to code. Councilmembex Morin indicated that he would like to see a commexdal land inventory completed, even if it is only fox city use. Councilmember Gumphrey questioned Mr. Clazk about his contact with developers and bringing new ideas forward to the city as Mr. Clazk had discussed in his job interview. Councilmember Zerwas stated that he would like to discuss the framework questions at a • sepazate, retreat type meeting dedicated just to the questions. Councilmember Farber concurred. City Council Minutes September 10, 2007 Page 8 Ms. Johnson explained that holding a retreat will help the Community Development • Department accomplish the Counc$'s goals if they aze awaze of Council's expectations and priorities. It was the consensus of the Council to discuss the framework questions outside of the City Hall setting, to hire a facilitator, and to schedule the meeting on a Saturday in Januaty from approximately 9 a.m. to 3 or 4 p.m. 5.4. Council Open Forum Councilmember Motin indicated that Randy's Sanitation notified him that he must begin sorting his recycled materials. The Council discussed preference of the lazger, single-sort bins. Ms. Johnson will check with Environmental Administrator Rebecca Haug on the requirements. 6. Other Business There was no other business. 7. Council U dates There were no council updates. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Klin>ing adjourned the meeting of the Elk River City Council at 9:31 p.m. Minutes prepazed by Jessica Miller. ,__ J ~ / , /' ~~ C/ Tina Allazd City Clerk L J •