10-11-2010 CCMMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, OCTOBER I I, 2010
Members Present: Mayor Klinzing, Councilmembers Westgaard, Gumphrey, Motin, and
Zerwas
Members Absent: None
Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart,
Finance Director Tim Simon, City Engineer Justin Femrite, Environmental
Administrator Rebecca Haug, Environmental Technician Nicki Blake-
. Bradley, City Clerk Tina Allard, Assistant Finance Director Lori Ziemer,
Chief of Police Jeffrey Beahen, Police Captain Brad Rolfe, Police Captain
Bob Kluntz, Recreation Manager Steve Benoit, Parks Supervisor Rodney
Schreifels, Street Superintendent Phil Hals, HR Representative Lauren
Wipper, Director of Economic Development Catherine Mehelich,
Economic Development Assistant Annie Deckert, ERMU Director of
Operations Troy Adams, ERMU Office Manager/Finance Director
Theresa Slominski, ERMU Line Superintendent Mark Fuchs, ERMU
Technical Services Superintendent Wade Lovelette, 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 was called
to order at 6:30 p.m. by Mayor Klinzing.
2. Consider Council Agenda
Mayor Klinzing requested that item 5.2. be discussed prior to item 5.1.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. COUNCIL MINUTES
^ SEPTEMBER 20, 2010
^ OCTOBER 4, 2010
3.2. ORDINANCE 10-18 AMENDING CHAPTER 78 OF THE CITY OF ELK
RIVER CODE OR ORDINANCES TO ADD A NEW ARTICLE IV
PROVIDING FOR OPERATION OF THE CITY ELECTRICAL
SYSTEM.
• 3.3. LICENSES FOR NORTHERN TIER RETAIL LLC D/B/A
SUPERAMERICA
City Council Minutes
October 11, 2010
Page 2
A. 3.2. PERCENT OFF-SALE MALT LIQUOR LICENSE VALID •
NOVEMBER 1, 2010 THROUGH JUNE 30, 2011
B. TOBACCO LICENSE VALID NOVEMBER 1, 2010 THROUGH
DECEMBER 31, 2011
3.4. 3.2. PERCENT OFF-SALE MALT LIQUOR LICENSE FOR JT'S BP INC.
VALID THROUGH JUNE 30, 2011
3.5. RESOLUTION 10-51 AUTHORIZING THE CITY OF ELK RIVER TO
PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES
PROGRAM.
MOTION CARRIED 5-0.
4. Open Mike
No one appeared for open mike.
5.2. Midwest Mini Storage (Kostreba,
Russell and Ryan Kostreba, 15930 Jarvis Street NW -expressed frustration with being
required to complete conditions imposed as part of their original conditional use permit due
to the cost of the landscaping and erosion control requirements. The Kostreba's requested
they be allowed to deviate from city ordinance and plant smaller trees and in phases.
Mr. Barnhart explained that city ordinance is quite specific on the requirements for
landscaping. He stated that as outlined in city ordinance, the Kostreba's have been given the
choice to plant the required trees or provide escrow or a letter of credit. He suggested the
Council hold firm on the ordinance requirements because the ordinance is specific so all
developers are required to adhere to the same requirements.
Ms. Haug stated that erosion control is a requirement of any development in the city. She
indicated that at the request of Mr. Paul Estuesta, MPCA Pollution Control Specialist Senior,
Construction Stortnwater, Ms. Blake-Bradley met Mr. Estuesta at the Kostreba site and he
concurred that steps need to be taken to control the erosion.
Mayor Klinzing questioned if the erosion control that was completed by the Kostreba's in
the past was sufficient. Ms. Haug noted that the work the Kostreba's did caused additional
erosion. She recommended that the Kostreba's hire an engineer to design an erosion control
plan for them that will work.
Russell Kostreba stated the erosion control plan put in place failed because of the heavy
rainfall. He requested they be allowed to redo it the same way. Ms. Haug stated that a plan
will need to be resubmitted for approval and that if it fails again the Kostreba's will be
responsible for fixing it.
Russel Kostreba requested they be allowed to plant four to six-foot trees in three phases.
Discussion took place on the Kostreba's providing an escrow. The Kostreba's indicated they
do not have sufficient funds for an escrow and are unable to obtain a letter of credit.
Ms. Johnson explained that city staff has been adhering to the requirements set forth in city
ordinance. If the Council wishes to deviate from that ordinance, staff will need to know how
to respond to future requests. •
City Council Minutes
October 11, 2010
Page 3
Ryan Kostreba indicated that four or five properties are also adjacent to the pond and
• should be required to assist in fining the erosion control issue. Ms. Blake-Bradley explained
that when Mr. Estuesta visited the site, it was his determination that the water causing the
gullies, which the Kostrebas have been asked to fix, is coming mainly from the impervious
surfaces on the Kostreba property. The lot immediately adjacent to the Kostreba property is
contributing a small amount of water, but the majority of the water is from Midwest Mini
Storage.
Discussion took place on different methods of allowing the Kostreba's some flexibility in
completing the required landscaping and erosion control conditions.
Mayor Klinzing stated she didn't feel requiring an escrow was important because if the
conditions of the conditional use permit are not met, the city could revoke the Kostreba's
permit to operate. Councilmember Moon disagreed and believed an escrow should be
required.
The following was the consensus of the Council:
1. Kostreba's must submit a plan for approval and complete the work on an erosion
control plan no later than November 30, 2010; and
2. The Kostreba's must meet the landscaping requirements as outlined in the original
conditional use permit no later than December 31, 2012.
3. No outdoor storage is permitted until the landscaping improvements or letter of
credit/escrow is received.
Councilmember Gumphrey disagreed. He stated he is not in favor of deviating from the city
ordinance and that the Kostreba's should be required to plant the required trees or provide
escrow.
The Kostreba's indicated they would discuss the Council's decision and respond to the City
Administrator and full Council by Monday, October 18 on whether or not they choose to
accept the Council's offer.
5.1. Visioning_and Goals
Ms. Johnson reviewed a PowerPoint outlining the process for the visioning and goals
sessions facilitated by Jermaine Davis. She stated that numerous department and division
heads participated in these sessions.
Ms. Johnson reviewed the proposed vision statement: "Abounding in natural beauty, Elk
River is a vibrant, historic river town that promotes an active lifestyle in an innovative and
involved community offering unlimited opportunities."
Ms. Johnson stated the goals identified supporting the vision are innovation, community
development, beautification, and opportunities.
The Council was invited to attend the follow-up session in a couple months.
Councilmember Motin suggested a wording change. He will submit this suggestion to Ms.
Johnson and she will route to department and division heads that were part of the process
for input.
City Council Minutes
October 11, 2010
Page 4
Ms. Johnson stated that if the Council concurs, she would like to put this item on the agenda
next Monday for approval. The Council concurred.
5.3. Wetland Bank
Ms. Haug explained that staff is proposing the creation of a wetland bank in the Alba Ridge
Park. She distributed a map of the proposed site. She stated the interest in creating the
wetland bank is because the city can use the banking credits as an incentive for future
development.
Mr. Schreifels indicated that he has spoken with Ms. Haug regarding the wetland bank and.
he is in favor but believes the item should be brought before the Parks and Recreation
Commission.
Mr. Femrite stated that the first step in moving forward is to collect topographic
information, elevations, etc. Ms. Haug stated that staff would like to gather this information
and obtain cost estimates on creating the wetland bank, present the information to the Parks
and Recreation Commission, and report back to the Council. The Council concurred.
5.4. Capital Improvement Plan
Mr. Simon reviewed the 2011 to 2015 draft Capital Improvement Plan (CIP).
Discussion took place regarding the 2011 street projects outlined in the CIP. Mayor Klinzing
stated the Council should discuss this project further to ensure its feasibility in this area. Ms.
Johnson indicated staff could bring back different options in the spring. Mayor I{linzing
added she would like to know how many of the properties are rental.
The Council expressed desire in having First Street added to the project.
Mr. Hals noted that street division staff will be patching some of the bad areas included in
this project in the next couple of days so the roads hold up through winter.
Discussion took place on completing the street overlay and street improvement projects in
the same year. Ms. Johnson explained that by completing the projects in the same year, to
create efficiencies in costs including a more attractive bid offering; therefore, reducing the
overall cost of the projects.
Councilmember Zerwas indicated he would like to see a sidewalk installed on Orono, west
of Joplin by the YMCA.
Councilmember Zerwas added that he would be in favor of accelerating the public works
facility using liquor funds if possible. Ms. Johnson stated that the previous estimate for the
project was $11 million making it difficult to finance. However, under the new master
planning study she is hoping the project can be phased in allowing for an earlier start date.
The Council concurred.
5.5. Council O,~en Forum
There were no items for open forum.
•
City Council Minutes
October 11, 2010
6. Other Business
There was no other business.
Council Updates
There were no Council updates.
8. Staff Updates
Page 5
Ms. Johnson stated that she has received notice from both police unions that they are ready
to begin negotiations. The Council agreed to meet in closed session on October 18 to
discuss negotiation strategies.
Ms. Johnson indicated that the VA Clinic has once again been awarded to Ramsey.
Ms. Johnson explained she is still in the process of completing reference checks on the parks
and recreation director finalists. She stated that she will continue to work on and hopes to
get this item on the agenda for next Monday.
•
9. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 8:56 p.m.
Minutes prepared by Jessica Miller.
Tina Allard, Ciry Clerk
. y
~~
Stepha Klinzing, Mayo
•