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3.1. DRAFT MINUTES 04-04-2011DRS;; ? MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, MARCH 14, 201 I Members Present: Mayor Dietz, Councilmembers, Motin, Westgaard, and Zerwas Members Absent: Councilmember Gumphrey Staff Present: City Administrator Lori Johnson, Street Superintendent Phil Hals, Assistant Street Superintendent Mark Thompson, Environmental Administrator Rebecca Haug, ERMU Director of Operations Troy Adams, Human Resources Representative Lauren Wipper, 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 6:30 p.m. by Mayor Dietz. 2. Consider Council Agenda Public works facility was added under other business. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. MEETING MINUTES • MARCH 7, 2011 REGULAR • MARCH 7, 2011 CLOSED (LANDFILL) • MARCH 7, 2011 CLOSED (BAILEY POINT) MOTION CARRIED 4-0. 4. Omen Mike No one appeared for open mike. 5.1. 2010 NPDES Permit Update/Annual Meeting Ms. Haug presented the staff report providing a update on the 2010 NPDES. City Council Minutes March 14, 2011 SWCD Pond Update Page 2 Mark Basiletti, Sherburne Soil and Water Conservation District (SWCD) -reviewed the stormwater retrofit assessment and grant opportunities. He also reviewed the Chamber of Commerce rain garden proposal. Mr. Basiletti explained that the SWCD is working to identify other stormwater retrofit projects in the city. He stated that many potential areas have been identified; some of which are on private property. He discussed a potential garden at the townhomes near Morton Avenue. He will research this property further and discuss it with Ms. Haug. The Council indicated they prefer rain gardens to be on city property but would like signed maintenance agreements with the property owners if they are to be located on private property. Ms. Haug indicated that staff is also working to identify a rain garden location at Pinewood Golf Course. 5.2. Lake Orono Water Quality Improvement Committee Update Paul Sheets, President Lake Orono Improvement Association - reviewed a PowerPoint on behalf of the Lake Orono Water Quality Committee (LOWQC). Lake Orono Beach Porting Concerns Mr. Sheets stated that the MN Department of Health has a less constrained recommendation than the current city policy relating to beach posting for impaired water quality. The LOWQC is asking the city consider following the MN Department of Health regulations. Consensus of the Council was for staff to research this issue and bring it back prior to swimming season. Memorandum of Understanding (MOU) The Council expressed concerns with the MOU as written. Consensus of the Council was to not pursue the MOU. 5.3. Toint Meeting with Utilities Commission Pursuant to due call and notice thereof, the meeting of the Elk River Utilities Commission was called to order at 7:24 p.m. by Chair Dietz. Mr. Adams presented the staff report. Mr. Adams and Larry Blaine, Chief Financial Officer from Central Minnesota Power Agenry (CMMPA), outlined the maximum risks involved with the project. MOVED BY COMMISSIONER THOMPSON AND SECONDED BY COMMISSIONER NADEAU TO ADOPT RESOLUTION 11-01 A RESOLUTION OF THE ELK RIVER MUNICIPAL UTILITIES AUTHORIZING PARTICIPATION IN THE BROOKINGS -TWIN CITIES TRANSMISSION PROJECT AND THE FINANCING WITH CMMPA. MOTION CARRIED 3-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 11-11 AUTHORIZING PARTICIPATION IN THE BROOKINGS-TWIN CITIES TRANSMISSION PROJECT AND THE FINANCING WITH CMMPA. MOTION CARRIED 4-0. City Council Minutes Page 3 March 14, 2011 There being no further business, Chair Dietz adjourned the meeting of the Elk River Utilities Commission at 7:38 p.m. 5.4. Review Compensatory Time Ms. Johnson presented the staff report. Discussion took place on compensatory time for non-exempt employees and how various departments utilize it. Discussion also took place on time off for exempt employees. Mr. Thompson reviewed a PowerPoint on street department plowing operations this season. Discussion took place on what city services should be provided after hours. Ms. Johnson indicated the Council should discuss with staff what level of service they wish to provide. She stated that this item could be discussed during budgets. Council consensus was for staff to prepare a report outlining 2010 compensatory time by department and have the department heads explain why the compensatory time was earned and include recommendations in what areas compensatory time could be reduced. It was noted that overtime will be discussed during the budget. Mayor Dietz questioned why holidays are included as hours worked in the policy. Ms. Johnson stated that state law does not require they be included but the Council chose to include them when the policy was changed to exclude vacation hours. 5.5. Council Open Forum Mayor Dietz discussed the following items: City Facebook pager League recommends each department has a Facebook page. This item will be discussed with the branding program. City nesvrletter Mayor Dietz questioned if the city profits from the newsletter. He would like details presented to the Council. Code of Civility He stated he believes it would be a good idea to post a Code of Civility on the wall in the Chambers. He would like staff to bring back a sample code. City Sharing He stated he spoke with city officials from Nowthen and Otsego regarding sharing city equipment and services. He would like Council approval to discuss this issue further with those cities. Council consensus was for Mayor Dietz to move forward with discussions. It was noted that the City of Ramsey City Council has requested a joint meeting with our Council. City Council Minutes Page 4 March 14, 2011 ----------------------------- Volunteer Coordinator He distributed an article regarding use of volunteer coordinators by cities. He asked that department heads create a wish list of things they would like to pursue with the use of volunteers and come back to the Council with positions required and hours needed. He also asked that the Council come back with recommendations of people who could perform the duty of volunteer coordinator. City Administrator Performance Review Mayor Dietz stated he would like to conduct Ms. Johnson's performance review on April 18. He distributed a letter and performance review form he would like completed by department and division heads. 6. Other Business Ms. Johnson stated the public works facility building kickoff was today and there are a few items that need to be discussed. Building Standard Ms. Johnson questioned if the Council would like to build the facility to LEED standards and seek certification. Discussion took place and consensus of the Council was to build the facility to B3 standards. Construction Manager/Construction ManagerAt I~:rk Ms. Johnson stated the Council could hire a construction manager or construction manager at risk for this project. She noted the city has experience with both. Discussion took place and consensus of the Council was to send out Requests for Proposals for a construction manager at risk. Commissioning The Council discussed this item and would like to get a mechanical engineer involved at the beginning of the project to insure it is designed properly. The Council stated they believed this cost is included as additional services from the 292 Group. Ms. Johnson stated she would verify that and report back. Council Updates There were no Council updates. 8. Staff Updates Ms. Johnson reminded the Council of the Chamber event on March 22. She asked the Council to let staff know if they plan to attend. It was noted Councilmember Zerwas and Mayor Dietz are attending the Lake Orono Improvement Association dinner next week but no quorum of the Council will be present. The Council wished to confirm the date of the Board of Appeal meeting as Wednesday, April 27. Councihnember Motin indicated he is unable to attend. The remainder of the Council plans to attend. City Council Minutes March 14, 2011 9. Adjournment Page 5 There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:57 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk John J. Dietz, Mayor DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 21, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, IT Manager Bob Pearson, Finance Director Tim Simon, Assistant Street Superintendent Mark Thompson, Parks Maintenance Supervisor Rodney Schreifels, Fire Chief John Cunningham, Police Chief Bradley Rolfe, Administrative Police Captain Bob Kluntz, Parks and Recreation Manager Steve Benoit, City Engineer Justin Femrite, and City Clerk Tina Allard Also Present: Planning Commissioner Westberg Parks and Recreation Commissioners Anderson (Dave), Ahlness, and Niziolek 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 Dietz. 2. Consider 3/21/2011 Agenda Mayor Dietz added the following items to the agenda: 8.2. Authorization to Hire Seasonal Lead Clubhouse Attendant 8.3. Consider Appointment of New Library Board Member MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2. RENEWAL OF RETAIL FIRWORKS LICENSE TO CUB FOODS WITH THE FOLLOWING CONDITIONS: a) TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER. City Council Minutes March 21, 2011 Page 2 b) APPLICANT MUST CONTACT THE FIRE DEPARTMENT AT 763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN INSPECTION. 3.3. DETECTIVE JOE GACKE TO ATTEND OUT OF STATE TRAINING IN QUANTICO, VIRGINIA. 3.4. RESOLUTION 11-12 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER. 3.5. SPECIAL EVENT PERMIT TO SALK MIDDLE SCHOOL FOR 5K WALK/RUN WITH THE FOLLOWING CONDITIONS: A) APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN- UP. B) NO PAINT ALLOWED ANYWHERE ON TRAILS. CHALK OR CONES MAYBE USED. C) SALK MIDDLE SCHOOL SHALL DESIGNATE RACE MARSHALS TO MONITOR THE RACE ROUTE AND PARTICIPANTS. 3.6. PURCHASE OF 2011 GMC SIERRA 2500 PICKUP AND ACCESSORIES FROM NELSON AUTO CENTER IN THE AMOUNT OF $28,555.48. 3.7. QUOTE FROM QUALITY FLOW SYSTEMS, INC. IN THE AMOUNT OF $ 46,450 PLUS TAX, TO COMPLETE THE REPLACEMENT OF THE CONTROL PANELS AT THE HIGHWAY 10 AND SIMONET LIFT STATIONS. MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. Resolution of Support fir Bailey Point Grant-Public Hearin Mayor Dietz noted the Council decision tonight is to authorize moving forward with the grant application process and clarified that the city is not making a decision to purchase the land at this time. He reviewed the discussion that occurred at the Parks and Recreation Commission meeting. Mr. Leeseberg reviewed the project. It was noted this would be a passive park Mayor Dietz opened the public hearing. Chuck Larson 96 Morton Avenue -Stated attention should be given to buffering the area around the neighbors from noise, traffic, and lighting impacts. Lisa Conway, 236 Norfolk Avenue -Stated she looks forward to having the park. Dan Anderson, 209 Norfolk Avenue -Questioned how notice was sent out for the public hearing. Mr. Anderson expressed the following concerns: ^ Cost and design concerns ^ Annual maintenance costs ^ Cost of restoration after spring runoff ^ Cleanup after large groups use the park ^ Water rescues increasing due to the two rivers City Council Minutes Page 3 March 21, 2011 ^ Demands by visitors to the park for something new added to it ^ Parking on both sides of Morton, Manor Place, and Norfolk ^ Compatibility of a natural park with the area historical homes ^ Security in the summer over the weekends ^ Buffer area from the homes Ms. Johnson stated notice was published in the official newspaper and surrounding neighbors received a mailed notice. She further stated it was announced at the last Parks and Recreation Commission meeting that this item would be on tonight's Council agenda. Charlie Schuldt, 12600 Ridgewood Drive -Stated he is a shareholder of the Elk River Country Club but he is not here representing the board of directors. He stated he is not opposed to Bailey Park but has concerns for the solvency for the Country Club and asked the city to keep the Club in mind for future purchase if money or a grant is available. Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-13 SUPPORTING A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE PARK LEGACY APPLICATION TO PURCHASE BAILEY POINT. MOTION CARRIED 5-0. 5.2. Lighting Grant for Youth Athletic Complex (YAC1-Public Hearing Mr. Leeseberg presented the staff report. He stated there would be four fields with lighting plans. He showed samples of the lighting plans and how they would have limited effect on neighboring properties. He stated the project is scheduled to begin November 30, 2011 and the cost would be approximately $490,000 with 50% of funds from a grant and 50% from the public works facility construction project. He noted there would be no assessments to the community. Mr. Leeseberg stated maintenance costs would be about $17,000 a year based on 300 hours of lighting usage over a six month period of time. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Council requested to see a financial analysis weighing the costs of lighting YAC versus building another complex. Mr. Benoit stated some challenges with constructing another complex include locating a building site and additional costs if the complex is not centrally located to YAC. Council questioned how the city would recoup the additional $17,000 in maintenance costs and if the fee scheduled would need to be adjusted quite a bit. Mr. Benoit stated there would be some adjustment in the fee schedule and staff would review various options. Councilmember Moon suggested that some portion of the expanded hours go to in-house programming versus associations and questioned why associations should reap all the benefit at a burden to the city. City Council l~linutes March 21, 2011 Page 4 Mr. Benoit stated the extended hours created at YAC will free up other city complexes for in-house programming and staff will need to complete a further review to determine the best fit for all groups. 5.3. Monitoring Well Placement in Windsor Park Mr. Leeseberg presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE PLACEMENT OF A MONITORING WELL WITH STAFF AND A PARKS AND RECREATION COMMISSIONER TO DETERMINE A WELL LOCATION. MOTION CARRIED 5-0. 6.1. Reduest by City of Elk River for Ordinance Amendment Regarding General Planning Permits and Sections 902 Pertaining to Lighting, Case No. Oa 11-01-Public Hearit~ Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Motin expressed concern with allowing some permits to be approved for up to 180 days and felt it could be a long time for some permits to operate. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 11-01 AMENDING THE REGULATIONS PERTAINING TO PARKING LOT LIGHTING AND PRESCRIBING THE PROCESS FOR REVIEW OF GENERAL PLANNING PERMITS, ALL CONTAINED WITHIN SECTION 30 OF THE ELK RIVER, MINNESOTA, CITY CODE. MOTION CARRIED 5-0. 6.2. Reduest by Trident Polymers LLC for Conditional Use Permit for Plastics Processing Facility in I-1 Light Industrial~Case No. CU 11-04-Public Hearing Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 11-04 AS ILLUSTRATED ON APPLICATION DATED JANUARY 31, 2011 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 DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 3. NO OUTSIDE STORAGE OF DUMPSTERS OR TRAILERS SHALL BE PERMITTED ON THE NORTH OR EAST SIDE OF THE BUILDING. MOTION CARRIED 5-0. City Council Minutes Page 5 March 21, 2011 6.3. Extension of the Interim Use Permit (IUP) for the Store Building at Wapiti Park, Case No. CU 10-16 Attorney Beck stated the attorney for Wapiti was not able to make it to the meeting tonight because he is sick and further asked that the IUP be extended. Mr. Beck told the Wapiti attorney he can't offer the extension as it is a Council decision. He told the attorney that Council may be more likely to offer an extension if all parties could meet and work toward a resolution of the issues for this IUP. Mr. Beck stated the Wapiti attorney has agreed to meet with staff this Friday. Council noted it was good all parties could come together for a meeting. Council expressed concerns with no progress being made to this point on the conditions set forth in the IUP. They further expressed concerns with extending this IUP any further. Mr. Beck stated another issue for Wapiti is that they have a Consumption and Display Permit that is issued through the State but requires approval from the city. He stated the permit would expire on March 31, 2011. He noted that the application was received last week but was not ready for Council action tonight as the application is incomplete. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO EXTEND THE INTERIM USE PERMIT TO APRIL 4, 2011. Councilmember Motin requested to add to the motion that it be noted that the Consumption and Display Permit would expire March 31, 2011. The maker and seconder agreed to the amendment. MOTION CARRIED 5-0. 6.4. Direction on Whether to Initiate Revocation of Liquor Licenses for Wapiti Park MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO CONTINUE THIS ITEM TO APRIL 4, 2011. MOTION CARRIED 5-0. 7.1. Mn/DOT Closure of Hiehwav 169 Southbound Bride over Hi~hwav 10 Mr. Femrite presented the staff report. He stated staff has concerns for the amount of traffic and stress that will be on the city road system but worked with Mn/DOT to try and work out the best possible situation. He further stated there will be large traffic problems on the city and state road system. Council expressed concerns with the selected detour routes, congestion, and summer cabin traffic. Discussion was held on changing some of the detour movement from Main Street to Jackson Avenue, which staff will bring back to Mn/DOT for consideration. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-14 City Council Minutes March 21, 2011 Page 6 APPROVING AND AUTHORIZING EXECUTION OF MN/DOT DETOUR AGREEMENT NUMBER 98526 FOR THE TRUNK HIGHWAY NO.169 DETOUR. MOTION CARRIED 5-0. 8.1. Replacing the City Cell Phone Use Guidelines Mr. Pearson presented the staff report. Council requested more detailed information on the current number of cell phone users. There was discussion on how the Data Practices Act would affect calls on personal and city issued phones. Staff was directed to amend the policy to make data practices issues clear to employees and to bring the polity back to Council for adoption. 8.2. Consider Tobacco License-Omar Wazwaz DBA/Smokes4Less. 19112 Freeport Avenue Ms. Allard presented the staff report. Rachael Goldberger, attorney for Omar Wazwaz - Stated a ventilation system would be expensive to add to the building and Mr. Wazwaz would be willing to have a condition added that says smoking wouldn't be allowed in the tobacco shop. She requested the Council amend the ordinance in order to allow this shop location to be grandfathered in from having to meet the 500 foot setback requirement because it was already in business when the ordinance was amended in 2008. Mr. Beck noted that this situation is different from a zoning situation in that there are no non-conforming use rights and a new licensee would be required to comply with the ordinance. He stated this is a polity decision for the Council and if they want to issue a new license they would have to amend the ordinance. Council was agreeable to amending the ordinance but didn't want any new shops to be within the 500 feet of schools/parks. Council directed staff to come back with an amendment in order to allow this particular tobacco shop to be able to operate at its current location with new licensees. 8.3. Authorization to Hire Lead Clubhouse Attendant Ms. Johnson presented the staff report. Councilmember Moon expressed concerns with the $15 per hour pay rate and felt it was the top of the pay scale and would have no ability to pay increases. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE THE HIRING OF DOUGLAS DAHL AS A SEASONAL LEAD CLUBHOUSE ATTENDANT AT $15 PER HOUR BEGINNING TUESDAY, MARCH 22, 2011. MOTION CARRIED 5-0. 8.4. Consider Appointment of New Library Board Member MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT NICOLE NOVOTNY TO THE LIBRARY BOARD TO DECEMBER 31, 2012. MOTION CARRIED 5-0. City Council Minutes March 21, 2011 9. Other Business There was no other business. 10. Council Updates There were no Council updates. 11. Staff Updates There were no staff updates. Page 7 Prior to adjournment Mayor Dietz read a statement from the agenda noting Council would be going into a closed session in order to discuss litigation regarding the Elk River landfill pursuant to MN Statute 13D.05. 12. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:15 p.m. Tina Allard, City Clerk John J. Dietz, Mayor __ ~_ CLOSED SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 21, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard, and Moon Members Absent: None Staff Present: City Administrator Lori Johnson and City Attorney Peter Beck Also Present: Greene Espel Attorney John Baker 1. Call Meeting To Order Pursuant to due call and notice thereof, the closed meeting of the Elk River City Council was called to order at 8:23 p.m. by Mayor Dietz. 2. Closed Session The purpose of the closed meeting was to discuss litigation involving the Elk River Landfill pursuant to MN Statute 13D.05, subd. 3(b) 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 9:34 p.m. Tina Allard, City Clerk John J. Dietz, Mayor