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4.1. DRAFT MINUTES 01-03-2011r ~ . a .: ~,~ ~' ~,~ MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, DECEMBER 13, 2010 Members Present: Mayor Klinzing, Councilmembers Gumphrey, Motin, Westgaard, and Zerwas Also Present: Economic Development Authority Members: President Touchette and Commissioner Dwyer Members Absent: EDA Commissioner Tveite Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Engineer Justin Femrite, Human Resources Representative Lauren Wipper, Finance Director Tim Simon, Street Superintendent Phil Hals, Assistant Street Superintendent Mark Thompson, Economic Development Assistant Annie Deckert, Recreation Manager Steve Benoit, Environmental Administrator Rebecca Haug, Director of Economic Development Catherine Mehelich, City Attorney Peter Beck, Parks Supervisor Rodney Schreifels, Building Official Bob Ruprecht, and Executive Secretary/Deputy City Clerk Jessica Miller Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:34 p.m. by Mayor Klinzing. 2. Consider Council Agenda Authorize advertisement of part-time City Hall secretary receptionist was added as item 5.7. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. DECEMBER 6, 2010 MINUTES 3.2. RESOLUTION 10-64 ADOPTING 2011 COMPENSATION PLAN AND TITLE CHANGE OF THE TEMPORARY CABLECASTER TO PART- TIME CABLECASTER. 3.3. RESOLUTIONS LEVYING SPECIAL ASSESSMENTS FOR WATER AVAILABILITY CHARGE AND SEWER ACCESS CHARGE ^ RESOLUTION 10-65 -18252 CONCORD STREET NW ^ RESOLUTION 10-66 -13548 RIVERVIEW DR NW 3.4. RESOLUTION 10-67 AUTHORIZING PERA PHASED RETIREMENT OPTION City Council Minutes Page 2 December 13, 2010 3.5. ACCEPTANCE OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. 5.1. Toint Meeting_with the Economic Development Authority to Discuss Focused Area Study Implementation Pursuant to due call and notice thereof, the meeting of the Elk River Economic Development Authority was called to order at 6:38 p.m. by President Touchette. Mr. Barnhart presented his staff report. He reviewed the proposed construction phases. Discussion took place on what type of environmental assessment to complete; an AUAR or an EAW. The boundary. of the environmental assessment was also discussed. Discussion also took place on whether the City Council or the EDA would be in charge of the improvement project. It was discussed that the Council typically handles infrastructure improvements and is the only entity authorized to assess for the improvements. Consensus of the City Council was as follows: ^ Approval of the phasing plan as presented. ^ Perform an AUAR environmental assessment for the entire project. ^ Begin preliminary engineering work for phase 1 as identified in the staff report. Mr. Femrite indicated he will prepare a RFP and bring back for Council approval. There being no further business, President Touchette adjourned the meeting of the Economic Development Authority at 6:55 p.m. 5.2. Request by City of Elk River for Ordinance Amendment to Section 30-1385 and Chapter 42. Article II of the Elk River City Code of Ordinance Relating to the Mineral Excavation Overlay Zoning District and the Regulation of the Mineral Excavation Activities. Case No. OA 10-12 -Public Hearing Ms. Haug presented her staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Concerns were raised with the ordinance being amended while Tiller's application is pending. Mr. Beck stated that this ordinance amendment does address the Tiller issues the Planning Commission will be considering at their meeting tomorrow night, but the concerns would still exist under current ordinance. He noted that the Planning Commission has no option but to act on Tiller's request tomorrow evening because of the 120 day rule. He stated that the item can only be extended at the written request of the applicant, Tiller. He noted that this ordinance amendment terminates the moratorium currently in place. Ciry Council Minutes December 13, 2010 Page 3 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-23 AMENDING SECTION 30-1385 AND CHAPTER 42, ARTICLE II OF THE ELK RIVER CITY CODE OF ORDINANCES RELATING TO THE MINERAL EXCAVATION OVERLAY ZONING DISTRICT AND THE REGULATION OF MINERAL EXCAVATION ACTIVITIES. MOTION CARRIED 5-0. 5.3. Public Works Master Plan Update SEH representatives presented a PowerPoint. Discussion took place on the costs associated with relocating the ball field versus lighting a current field complex. It was noted that lighting an existing field is a better net value than relocating a field. Council consensus was to move forward with scheme A.3. Councilmember Westgaard questioned the next steps. Ms. Johnson indicated that the Council can decide the pace at which this project moves forward. She recommended the Council select an architect -either SEH or through an RFP process to begin the design phase. Councilmember Westgaard questioned if the Council wants to move forward with SEH construction documents. Councilmember Zerwas stated he believes this project needs to be a priority. She indicated that this item will come back on December 20 for discussion on how to proceed with architectural services. Ms. Johnson stated that liquor operation funds may be used as a funding source for some of the preliminary Master Plan work such as relocating the fuel islands, architectural services, etc. if the Council desires. Councilmember Gumphrey stated that staff should discuss moving the fuel islands with ERMU and they should help fund this since they also use them. 5.4. Building Safety Division Update Mr. Ruprecht reviewed his staff report. Discussion took place on zoned single family dwellings that have been converted into multiple family dwellings. Safety and zoning issues were raised with non-owner occupied single family dwellings that are being rented to multiple families. The Council directed staff to begin addressing violations to this ordinance as they become evident and to not issue rental licenses for multi-family buildings in R1 zones. Consensus of the Council was to begin charging a rental inspection application fee of $45 per addressed building and $15 per dwelling unit consistent with the current fire department inspection fees for larger units. 5.5. Review Position Classifications 5.5.A. Lead Park Maintenance Worker Ms. Johnson presented the staff report. City Council Minutes December 13, 2010 Page 4 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE LEAD PARK MAINTENANCE WORKER POSITION DESCRIPTION AND PAY GRADE AS PRESENTED AND TO PROMOTE STEVE STOFFERS TO LEAD PARK MAINTENANCE WORKER EFFECTIVE JANUARY 1, 2011, AT PAY GRADE 7, STEP D, WITH ELIGIBLITY FOR A STEP INCREASE JULY 1, 2012 BASED ON SATISFACTORY PERFORMANCE. MOTION CARRIED 5-0. (See amendment to this motion below under item 5.5.b.) 5.5.B. Economic Development Assistant Ms. Johnson presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE POSITION DESCRIPTION AND PAY GRADE FOR THE MARKETING AND BUSINESS DEVELOPMENT ADMINISTRATOR AS OUTLINED AND TO PROMOTE ANNIE DECKERT TO THIS POSITION EFFECTIVE JANUARY 1, 2011 AT PAY GRADE 8, STEP B, WITH ELIGIBLITY FOR A STEP INCREASE JULY 1, 2011 BASED ON SATISFACTORY PERFORMANCE. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AMEND THE MOTION FROM ITEM 5.5.B. ABOVE FOR MR. STOFFERS TO BE ELIGIBLE FOR A STEP INCREASE JULY 1, 2011. The maker and seconder of the motion were agreeable to the amendment. MOTION CARRIED 5-0. 5.6. Council Open Forum Councilmember Motin provided a Northstar Corridor Development Authority update. 5.7. Authorize for Advertisement of Part-time Secretary/Receptionist at City Hall Ms. Johnson presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE STAFF TO ADVERTISE FOR APART-TIME CITY HALL SECRETARY/RECEPTIONIST. MOTION CARRIED 5-0. 6. Other Business There was no other business. Council Updates There were no Council updates. 8. Staff Updates There were no staff updates. City Council Minutes Page 5 December 13, 2010 ----------------------------- 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:12 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk John Dietz, Mayor DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 20, 2010 Members Present: Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: Mayor Klinzing Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Environmental Administrator Rebecca Haug, Finance Director Tim Simon, Recreation Manager Steve Benoit, Street Superintendent Phil Hals, Police Chief Brad Rolfe, Police Captain Bob Kluntz, Fire Chief John Cunningham, and City Clerk Tina Allard Also Present: Planning Commissioner Lemke 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 Acting Mayor Westgaard. 2. Consider 12/20/2010 Agenda Councilmember Gumphrey requested to add two items as Item 6.9. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.3. RESOLUTION 10-68 AGREEMENT WITH WRIGHT COUNTY FOR PARRISH AVENUE BRIDGE MAINTENANCE FOR 2011. 3.4. 2011 CONTRACT FOR FIREFIGHTING SERVICES WITH CITY OF OTSEGO. 3.5. LICENSE RENEWALS VALID JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 AS OUTLINED IN THE STAFF REPORT. 3.6. SNOW ABATEMENT CONTRACT WITH GREENSCAPE, INC. FOR 2010-2011 SEASON. MOTION CARRIED 4-0. City Council Minutes December 20, 2010 4. Open Mike No one appeared for Open Mike. Page 2 5.1. Request for Conditional Use Permit and License for Elk River Investments. LLC/Tiller Corp. for Mineral Excavation, Case No. CU 10-21-Public Heating Ms. Haug presented the staff report. Acting Mayor Westgaard opened the public hearing. There being no one to speak to this issue, Acting Mayor Westgaard continued the public hearing to February 22, 2011. Councilmember Motin expressed concerns with the two month wait to hear this item due to the 60 Day Rule. Ms. Haug noted that The Technical Evaluation Panel review was the reason the item would be in January and further stated that Council should notify staff of any concerns prior to the meeting. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THE PUBLIC HEARING TO FEBRUARY 22, 2011. MOTION CARRIED 4-0. 5.2. Wapiti Park Campground Update Mr. Barnhart presented the staff report. He discussed the conditions that have not been met by Wapiti as outlined in his staff report. He further reviewed two additional handouts that were received today from the Wapiti attorney and the city attorney. Mr. Barnhart suggested the following two options on how the Council could proceed: 1. Move to grant a ten year interim use permit subject only to the conditions agreed to by Wapiti Park; or 2. Direct staff to prepare a proposed resolution with findings of fact for denial of the interim use permit to be considered at the January 18, 2011 meeting if Wapiti Park doesn't meet the conditions approved by Council on August 2, 2010. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO DIRECT STAFF TO PREPARE A RESOLUTION OF DENIAL WITH FINDINGS OF FACT TO BE CONSIDERED AT THE JANUARY 18, 2011 COUNCIL MEETING. MOTION CARRIED 4-0. 6.1. Elk River Chamber of Commerce Shiver Elk River-Verbal Update Chamber President Debbi Rydberg provided an update regarding a new winter community event that they hope will continue for many years to come. The Council noted they were looking forward to the event. City Council Minutes Page 3 December 20, 2010 6.2. Proposed Fee Schedule for 2011, Public Hearing ^ Ordinance Amendment Adopting 2011 Fee Schedule ^ Resolution for Summary Publication of the Ordinance Ms. Allard presented the staff report. Acting Mayor Westgaard opened the public hearing. There being no one to speak to this issue, Acting Mayor Westgaard closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-24 ADOPTING THE 2011 MASTER FEE SCHEDULE. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 10-69 FOR SUMMARY PUBLICATION OF ORDINANCE 10-24 AN ORDINANCE AMENDING THE 2011 MASTER FEE SCHEDULE. MOTION CARRIED 4-0. 6.3. Bailey Point Park Purchase Ms. Johnson presented the staff report. Sarah Strommen, Associate Director of the MN Land Trust -Stated the Land Trust is very interested in preserving the subject property. She informed the Council of the role of the Land Trust and what is involved with conservations easements and fee titles. Council questioned the role of the Land Trust after the property purchase has been completed. Ms. Johnson stated the Land Trust's interest would be limited to the restrictions outlined in the conservation easement. She stated it is typical for the Trust to meet with the owner and complete an annual inspection. Council questioned if they would be tied to a commitment if direction were provided tonight to move forward with exploring the option available through the Land Trust. Ms. Johnson noted there would be no commitment at this point and all three parties would have the option to back out at any time until the closing. Council consensus was to continue to work with the Land Trust and Mr. Babcock to acquire this property. Council noted they were interested in acquiring the land but it would be dependent upon the costs to the city. Neil Anderson, 27 Morton Avenue -Asked that neighboring property owners be considered through this process. 6.4. Consider Architectural Services for Public Works Facility Mr. Hals presented the staff report. City Council Minutes December 20, 2010 Page 4 Acting Mayor Westgaard stated SEH was very good to work with and he would have no issues with having them do a request for proposal but that if the cost seemed high, then the city should solicit other proposals. There was discussion on fees and it was noted they could be around $500,000 for an $8-10 million project. Council felt requests for proposals should be obtained from a few firms due to these fees. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE STAFF TO OBTAIN REQUEST FOR PROPOSALS FOR ARCHITECTURAL SERVICES FOR THE PUBLIC WORKS FACILITY. MOTION CARRIED 4-0. 6.5. Authorize Filling Current and Anticipated Future Vacancies in the Police Detiartment Chief Rolfe reviewed his staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE STAFF TO PROCEED TO FILL THE PATROL CAPTAIN, PATROL SERGEANT, AND PATROL OFFICER POSITION AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. 6.6. Budget Amendments Mr. Simon reviewed his staff report. Councilmember Motin had concerns that the future budget in 2012 might be higher by what the city is saving by doing the project a little earlier. Mr. Simon indicated that the city would not see a capital outlay request in 2012 to finish the cameras as this will be completed from the IT budget in 2010 and 2011. Councilmember Motin stated he didn't want to get in a habit of using funds saved on one project for other projects. He stated these type of items should be budgeted for by staff in the normal budgeting process. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE 2010 BUDGET AMENDMENTS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. 6.7. 2011-2015 Capital Improvement Plan Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE 2011-2015 CAPITAL IMPROVEMENT PLAN. MOTION CARRIED 4-0. City Council Minutes Page 5 December 20, 2010 6.8. HRA and LibraryBoard Appointments Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPOINT STEWART WILSON TO THE HOUSING AND REDEVELOPMENT AUTHORITY WITH A TERM EXPIRATION OF DECEMBER 31, 2015 AND TO APPOINT JAYNE DIETZ TO THE LIBRARY BOARD TO A TERM OF DECEMBER 31, 2013. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT KATHLEEN TRACY TO THE LIBRARY BOARD WITH A TERM EXPIRATION OF DECEMBER 31, 2013. MOTION CARRIED 4-0. Other Business There was no other business. 8. Council Updates There were no council updates. 9. Staff Updates There were no staff updates. Acting Mayor Westgaard noted the Council would be holding two closed sessions: for attorney client privilege and union negotiations per the state law outlined in the agenda. There being no further business, Acting Mayor Westgaard adjourned the meeting of the Elk River Ciry Council at 7:30 p.m. 10. Closed Meeting-Orono Conference Room Members Present: Acting Mayor Westgaard and Councilxnembers Motin, Gumphrey, and Zerwas. Staff Present: City Administrator Lori Johnson, Environmental Administrator Rebecca Haug, Ciry Clerk Tina Allard, and via conference call, City Attorney Peter Beck and League of Minnesota Cities Attorney John Baker. Acting Mayor Westgaard convened the closed session at 7:38 p.m. The purpose of the closed meeting is to discuss the current litigation involving the Elk River Landfill. This meeting is closed per MN State Statute Section 13D.05, Sub. 3(b) Attorney Client Privilege. Acting Mayor Westgaard closed this session at 8:04 p.m. City Council Minutes December 20, 2010 11. Closed Session-Orono Conference Room Page 6 Members Present: Acting Mayor Westgaard and Councilmembers Motin, Gumphrey, and Zerwas. Staff Present: City Administrator Lori Johnson and City Clerk Tina Allard Acting Mayor Westgaard convened the closed session at 8:05 p.m. The purpose of the meeting is to consider strategies for union negotiations for Patrol Union, LELS 231. This meeting is closed per MN State Statute Section 13D.03, Sub. 1(b) Union Negotiations. Acting Mayor Westgaard closed this session at 8:30 p.m. Tina Allard, City Clerk John Dietz, Mayor