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09-09-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 9, 2002 Members Present: Members Absent: Staff Present: Mayor I~dinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, Finance Director Lot4 Johnson, Director of Planning Michele McPherson, Fire Chief Bruce West, Building and Zoning Administrator Steven Rohlf, Environmental Technician Rebecca Haug o Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:58 p.m. by Mayor I<linzing. Consider 9/09/2002 Agenda Councilmember Dietz noted that he had an update item under Other Business. Building and Zoning Administrator Steven Rohlf requested item 5.8.A., Landfill Request for Funding for Environmental Center, be added to the agenda. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNClLMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda Councilmember Dietz requested that item 3.3. be removed from the Consent Agenda and discussed at the September 16, 2002 Council Meeting. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 8/26/02 CITY COUNCIL MINUTES 3.2. CHECK REGISTER 3.4 CONSIDER MASSAGE THERAPIST LICENSE FOR ANNA HELLERUD TO PRACTICE AT SIMONSON SALON CONTINGENT UPON A SUCCESSFUL BACKGROUND CHECK COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one appeared for open mike. City Council Nfinutes September 9, 2002 5.1. Consider Maximum Tax Lew Resolution for Taxes PavaNe in 2003 5.2. 5.3. 5.4. 5.5. Consider EDA Tax Levy. Resolution for Taxes Payable in 2003 Consider HRA Tax Lev~ Resolution for Taxes Payable in 2003 Set Truth in Taxation Public Hearing Date Consider Debt Service Levy. Adjustments Page 2 City Administrator Pat Klaers provided an overview of the general fund budget and tax levy situation. It was noted that excluding any gas franchise revenues that there is a $79,100 gap between projected revenues and requested expenditures. The budget shows revenues at $7,653,950 and expenditures at $7,733,050. The expenditures represent a 7.17% increase over the adopted 2002 budget. It was further noted by the City Admimstrator that if the gas franchise fee is not authorized, then furflaer budget adjustments will be required. The City Administrator stated that the county is projecting that the city net tex capacity will increase by 14.44% in 2003 and that the market value will go up by approximately 16%. Based on the proposed tax levy resolution, this means that the city tax rate will go from 43.6 to 44.513, which is a 2.1% increase. Finance Director Lori Johnson dismbuted a revised tax levy resolution. The revised resolution had two adjustments and the total levy amount is being reduced by approxi.mately $19,000 to a revised total of $5,980,161. It was noted that this total tax levy includes the $634,000 pubhc safety lease revenue bonds. The Finance Director also noted that the EDA and HRA have approved their tax levy resolutions and that both entities are proposing to levy to the maximum amount allowed by law. Finally, the Finance Director reviewed the debt levy adjustments. COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 02-83 AUTHORIZING THE PROPOSED PROPERTY TAX LEVY FOR COLLECTION IN 2003. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 02-84 APPROVING THE 2003 TAX LEVY FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 02-85 APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY 2003 TAX LEVY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council discussed meeting dates for the Truth in Taxation Public Hearing on the proposed budget and tax levy. COUNCILMEMBER TVEITE MOVED TO CALL A SPECIAL CITY COUNCIL MEETING FOR MONDAY, DECEMBER 2, 2002 TO HOLD A PUBLIC HEARING ON THE PROPOSED 2003 BUDGET AND TAX LEVY AND TO HAVE THE CONTINUATION DATE FOR THIS HEARING ON THE TAX LEVY AND BUDGET BE DECEMBER 9, 2002 AT 6:30 P.M. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes September 9, 2002 Page 3 COUNCILMEMBER TYEITE MOVED TO APPROVE THE DEBT SERVICE LEVY ADJUSTMENTS AS PRESENTED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Consider Amendment to the Open Burning Ordinance City Administrator Pat I~aers provided an overview of some changes that are being proposed to the burning ordinance. The City Administrator indicated that these changes are in response to the RC Rolloff situation and that the changes are appropriate and necessary as the city grows and develops. Director of Planning Michele McPherson reviewed the details of the ordinance changes. Highlights include an expansion of the no bum area and no longer allowing developers to do mass burns in clearing and preparing development sites. The expansion of the no burn area will match the no hunting area. The intent is to keep larger fires away from residential areas. It was noted that burning is not being banned in the city and that recreation fires will continue to be allowed throughout the city. Furthermore, exceptions will be allowed per the Fire Chief's approval. Fire Chief Bruce West indicated that he would be lootdng at a 600-foot setback from structures before issuing any exceptions for burning in the no burn zone. He further noted that some minor changes include no longer allowing burning barrels or 15-day permits. The Fire Chief stated that some of the changes are significant such as an expansion of the no burn area and not allowing developers to burn, but that these changes are overdue. Councilmember Dietz asked about potential public backlash to these changes and if the type of changes being proposed are common restrictions in developing and/or metropolitan cities. The Fire Chief stated that he believed there would be some public response to these changes much like there was when the no hunting area was expanded, and also that the type of restrictions in the proposal before the City Council tonight are common in similar developing communities and in all metropolitan communities. Councilmember Motin asked how these changes would help avoid the RC Rolloff situation in the future. Building and Zoning Admihistrator Steve Rohlf stated that it would not guarantee that the RC Rolloff situation would not happen again, but if it did it would not happen next to a populated area. Councilmember Kuester asked about smoke complaints and enforcement issues. The Fire Chief indicated that the smoke complaints are general throughout the community and are not lLmited to a specific area and also that it would be the Police Department responding to complaints and being in charge of the enforcement procedures. Violation of the city ordinance is a misdemeanor. It was the consensus of the City Council to prepare an amended open burning ordinance for its consideration on September 16, 2002. 5.7. Consider Goose Trapping Results The Building and Zoning Administrator provided an update on the results of the 2002 goose-trapping program. City Council Minutes September 9, 2002 5.8. Request to Use Landfill Funds for Remediation Work Page 4 Environmental Technician Rebecca Haug reviewed the remediation work being proposed by Waste Management in the P17C area of the landfall. This area is on the west side of the landf~. It was noted that Waste Management is being proactive in this situation in trying to limit the extent of ground water contamination. Waste Management is requesting that the city and county share half of the expense for the remediation work. Waste Management consultant Jim Eidem of Geomatr£x explained the process and work being proposed by Waste Management. The Council concurred that it was appropriate to show support for Waste Management being proactive in trying to contain the extent of contamination. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE THE REIMBURSEMENT OF $35,000 ($17,500 AT THIS TIME AS PHASE 1) TO WASTE MANAGEMENT FROM THE LANDFILL ABATEMENT MONEY FOR REMEDIATION WORK IN THE P17C AREA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8.A. Request to Use Landfill Funds for the Environmental Center Building and Zoning Administrator Steven Rohlf requested that the City Council consider using landfill abatement funds to finance furniture, fixture, carpet, signage, and equipment items made from recycled products in the new environmental learning center that is being completed at the landfill. Mr. Rohlf requested the Council consider spending between $15,000 - $20,000 on recycled products for the environmental learning center to promote recycling. COUNCILMEMBER KUESTER MOVED TO APPROVE SPENDING UP TO $20,000 TO PROMOTE RECYCLING AT THE ENVIRONMENTAL LEARNING CENTER AT THE LANDFILL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Consider Test Results at Old Ci.ty Dump Environmental Technician Rebecca Haug reviewed the 2002 test results at the old city dump. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONTINUATION OF THE MONITORING AT THE SITE AND THAT THE RESULTS OF THE PRIVATE WELL TESTS BE SENT TO THE INDMDUAL RESIDENTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Consider Sending Letters Regarding Lake Orono Environmental Technician Rebecca Haug reviewed the studies that seem to indicate that feedlots are one of the main contributors of the fecal coliform bacteria that resulted in the Lake Orono beach being closed this past summer. City Council bfinutes Page 5 September 9, 2002 COUNCILMEMBER DIETZ MOVED TO HAVE THE MAYOR SIGN A LETTER TO THE MPCA, THE DNR, THE ELK RIVER WATERSHED ASSOCIATION, AND THE SHERBURNE COUNTY BOARD OF DIRECTORS WHICH EXPRESSES THE CITY OF ELK RIVER'S CONCERN OVER REGULATION OF FEED LOTS IN ORDER TO HELP LIMIT FUTURE CONTAMINATION OF LAKE ORONO. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.11. Discuss Appointment to Park and Recreation Fee Subcommittee City Administrator Pat I~aers indicated that there have been some concerns expressed by Councilmembers about park and recreation fees and policies. It was suggested that a committee be established composed of staff, Councilmembers, and Park and Recreation Commissioners to review current fees and policies. COUNCILMEMBER TVEITE MOVED TO APPROVE THE ESTABLISHMENT OF A PARK AND RECREATION SUBCOMMITTEE TO REVIEW FEES AND POLICIES AND TO APPOINT COUNCILMEMBER DIETZ AND COUNCILMEMBER KUESTER TO THIS COMMITTEE. COUNCILMEMBER MoTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.12. City Council Schedule A. Discuss Monthly Meeting Days B. Review Sept. - Dec. 2002 Council Meeting Schedule City Administrator Pat K2aers reviewed some options for changing of the City Council meeting dates and times. Mayor Kdinzing expressed support for having the City Council meet only on the first and third Mondays of the month. Other Councilmembers expressed concern about getting all of the necessary City Council work completed in only two meetings per month. Councilmember Motin indicated that he preferred to have the HRA continue to meet on Monday evenings. After further discussion, Councilmember Dietz suggested that the City Council meet on the fzrst, third, and fourth Mondays of each month and that the HRA and the EDA meet on the second Monday. It was further suggested that the HtLA meet at 5:30 p.m. and that the EDA meet at 7:00 p.m. The City Council concurred with this suggestion and asked that the concept be reviewed with the HRA and the EDA. The City Council reviewed its meeting schedule until the end of the year. The Council expressed its desire to not meet after December 16 unless it was a special five-minute meeting on December 30, 2002 to pay bills. This would allow for a four-week break between meetings from December 16, 2002 until January 13, 2003. 6. Other Business Councilmember Dietz indicated that he has been receiving more and more comments and concerns about County Road 44 and requested the City Engineer report on this road and the city's discussion with the county at the next City Council meeting. Councilmember Kuester reviewed a conversation she had with the County Forester Tim Edgeton regarding the severity of the oak wilt situation in Elk River. Councilmember Motin discussed an invitation for the Council to attend the After Hours Caf~ performance. The Council agreed to attend on Friday, September 20, 2002. City Council Minutes September 9, 2002 Page 6 7. Staff Updates Director of Planning Michele McPherson reminded Council about the Lions Park Center grand opening on September 12, 2002 at 3:00 p.m. 8. Adjournment There being no further business, Mayor Kflinzing adjourned the meeting of the Elk River City Council at 8:28 p.m. Pat IClaers City Administrator