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11-15-2010 CCM• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 15, 2010 Members Present: Mayor Klinzing, Councilmembers Moon, Westgaard, and Gumphrey l~Zembers Absent: Councilmember Zerwas Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, Finance Director Tim Simon, City Engineer Justin Femrite, Human Resources Representative Lauren Wipper, and City Clerk Tina Allard Also Present: Planning Conuz~issioner Dana Anderson 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 11 /15 /2010 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA WITH THE 3.2.A. AND 3.2.B. DISTRIBUTED REVISED STAFF REPORTS: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2.A. RESOLUTION 10-56 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 2010 AND RESOLUTION 10-57 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID SEWER SERVICES AS OF SEPTEMBER 30, 2010. B. RESOLUTION 10-58 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID WATER UTILITY SERVICES AS OF SEPTEMBER 1, 2010 3.2.C. RESOLUTION 10-59 ADOPTING AND LEVYING ASSESSMENTS FOR ABATEMENT OF CITY CODE VIOLATIONS. 3.3. ADOPTION OF THE FOLLOWING: ^ GENERAL FUND BALANCE POLICY ^ RESOLUTION 10-60 COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS ^ RESOLUTION 10-61 COMMITTING GENERAL FUND BALANCE FOR OPEB OBLIGATION ^ RESOLUTION 10-62 AUTHORIZING THE TRANSFER OF FUNDS City Council Minutes Page 2 November 15, 2010 ----------------------------- 3.4. APPOINT BRAD ROLFE AS INTERIM POLICE CHIEF EFFECTIVE • NOVEMBER 28, 2010 AT MIDNIGHT. 3.5. RE-ISSUE THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)/STATE DISPOSAL SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEMS GENERAL PERMIT FOR THE CITY OF ELK RIVER. MOTION CARRIED 4-0. 4. Open Mike No one appeared for Open Mike. 5.1. Request by Dennis Cornelius on Behalf of Amcon and Spectrum High School for Conditional Use Permit for an Educational Institution in the Business Park Zoning District Case No. CU 10-22 and CU 10-23 -Public Heating Mr. Barnhart presented the staff report. He noted the Planning Commission continued this item pending further information. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to December 6, 2010 for both items. This item was continued to December 6, 2010. 5.2. Request by Alliance Machine for Conditional Use Permit to Allow an Accessory Building • X17520 Tyler Street NW), Case No CU 10-25 -Public Hearin Mr. Leeseberg presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 10-25 AS ILLUSTRATED ON DRAWINGS DATED 10/7/10 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 ACCESSORY STRUCTURE SHALL MEET ALL BUILDING AND FIRE CODES. 3. THE CONSTRUCTION MATERIALS SHALL BE THE SAME (COLOR, TEXTURE & MATERIAL) AS THOSE OF THE EXISTING PRINCIPAL STRUCTURE. 4. NO SIGNAGE SHALL BE PLACED ON THE ACCESSORY STRUCTURE. MOTION CARRIED 4-0. • City Council Minutes Page 3 November 15, 2010 ----------------------------- • 5.3. Reauest by GRE for Conditional Use Permit and Solid Waste Facility License for EnergL Recovery Station 417845 Highway 10) Case No. CU 10-24 -Public Hearing Ms. Johnson presented Ms. Haug's staff report. She noted this was a routine renewal that is part of the annual process. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE RENEWAL OF GRE'S SOLID WASTE FACILITY LICENSE. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT TO GRE, CASE NO CU. 10-24. MOTION CARRIED 4-0. 6.1. Health and Dental Insurance Renewal Flexible Benefits Contribution. Reallocate EAP Funds Ms. Wipper presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE HEALTH INSURANCE • CONTRACT WITH MEDICA EFFECTIVE JANUARY 1, 2011. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE DENTAL INSURANCE CONTRACT WITH PRINCIPAL EFFECTIVE JANUARY 1, 2011. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE 2011 FLEXIBLE BENEFITS PLAN WITH: 1. TWO PERCENT INCREASE TO THE CITY CONTRIBUTION TO EMPLOYEE'S FLEXIBLE BENEFTIS PLAN 2. A $28 PER MONTH CONTRIBUTION TO THE HEALTH SAVINGS ACCOUNTS OF EMPLOYEES ELECTING THE HIGH DEDUCTIBLE HEALTH PLAN MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO UTILIZE FUNDS PREVIOUSLY ALLOCATED TO THE EMPLOYEE ASSISTANCE PLAN PREMIUMS FOR OTHER HEALTH AND WELLNESS INITIATIVES. MOTION CARRIED 4-0. • City Council Minutes November 15, 2010 Page 4 Mayor Klinzing recessed the meeting at 6:40 p.m. in order for Council to move into • Worksession in the Upper Town Conference Room. Mayor Klinzing left and Acting Mayor Westgaard reconvened the meeting at 6:50 p.m. Highway 10 & 169 Plans Mr. Femrite introduced the following representatives: ^ SRF Consulting representatives Dave Montebello, John Hagen, and Brett Danner ^ Mn/DOT representative Jim Hallgren Mr. Hagen opened by infoi7ning the Council of the following agenda: ^ Re-familiarization of the two highway projects and some of the minor modifications since the last Council review. ^ Past and present timeline ^ Upcoming public open houses ^ Future Council direction Mr. Montebello reviewed in detail the Highway 10 and Highway 169 proposed designs. He noted various projects could be phased in but the railroad portion must be completed first. He stated there would be a requirement to mitigate movement of the rail line due to its historic value. He stated an interpretive site could be installed at the commuter rail station. Mr. Montebello stated the intent is to have these highway plans completed by June 2011 and he questioned how the Council would want to proceed from this point. He stated these highway plans typically have a shelf life before they would require further updates but this • would be dependent upon many factors. He stated the city could give Municipal Consent but then noted the city wouldn't have an option to change the plans if anything were to change in the city in the future. He stated the city could enter into a Memorandum of Understanding with Mn/DOT relating to the process and intent of the layout. Council questioned if the city could obtain consent from Burlington Northern. Mr. Montebello suggested working with the rail company separately by obtaining a letter from them that acknowledges they reviewed the plans and they are acceptable to them. Council expressed concerns if the railroad says no. Mr. Montebello stated there are a lot of benefits to the railroad with these highway plans. He stated they offer the railroad new tracks with better alignment and grades. Mr. Montebello stated the railroad may have a provision whereby if the city vas separating the grades; the railroad will provide a 10% contribution. Mr. Montebello stated the city should submit written comments regarding both highway projects and citizens should send their comments also. 8. Other Business There was no Other Business. • City Council Minutes Page 5 November 15, 2010 . 9. Council Updates There were no Council Updates. 10. Staff Updates Ms. Johnson noted staff was working on state contract fuel pricing and this item wouldn't be able to come before Council before the deadlines. The Council concurred with participating in the state contract. 11. Adjournment There being no further business, Acting Mayor Westgaard adjourned the meeting of the Elk Ri~Ter City Council at 8:20 p.m. Tina Allard, City Clerk Stepha ~e Klinzing, May • •