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3.1. DRAFT MINUTES 04-18-2011~ -w.~+ ,~ ~ ~ ' MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 4, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Westgaard, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, City Engineer Justin Femrite, Environmental Administrator Rebecca Haug, Finance Director Tim Simon, City Attorney Peter Beck, Police Chief Brad Rolfe, and City Clerk Tina Allard 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 6:44 p.rn, byMayor Dietz. 2. Consider 04/04/2011 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES ^ MARCH 14, 2011. ^ MARCH 21, 2011 REGULAR. ^ MARCH 21, 2011 CLOSED. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. TEMPORARY ON-SALE LIQUOR LICENSE TO ELK RIVER ROTARY FOR MAY 12, 2011 FOR TASTE OF ELK RIVER EVENT HELD AT LIONS PARK CENTER. 3.4. ADVERTISE FOR SECRETARY/RECEPTIONIST POSITION FOR THE POLICE DEPARTMENT. MOTION CARRIED 5-0. 4. en Mike No one appeared for Open Mike. City Council 1~linutes Page 2 Apri14, 2011 4.1. Senator Mike ~ungbauer It was noted that Senator Jungbauer wouldn't be able to attend the meeting due to the passing of his .father. Condolences were expressed by Council. 5.1. Wapiti Park A. Interim Use Permit for the Store Buildin~at Wapiti Park Case No 10-16 B. Direction on Liquor Licenses Mr. Barnhart presented the staff report and requested direction on the five conditions that Wapiti has proposed. Councilmember Motin questioned how the 360 days complies with the temporary requirements of recreational camping. He noted there are kids who go to school from the campground. Attorney Beck stated staff asked Wapiti Park to come forward with a plan they felt would address the temporary residency issue and their proposal's response was to limit camping to 360 days. Councilmember Westgaard questioned the city's reason for regulating temporary residency in campgrounds if the State doesn't regulate it. He questioned if the State addressed the skirting and hard piping type issues. Mr. Barnhart stated the city's goal has been to maintain Wapiti Park as a campground but people have taken up residency. Attorney Beck reviewed the recreational camping area definition and recreational camping vehicles definitions from state statute. He stated recreational camping vehicles are described as portable structures designed as temporary dwellings for travel, recreational, and vacation uses. He stated in order for Wapiti Park to be a State licensed campground, the intent has to be that it has temporary campers. He further noted the State doesn't provide guidance on the definition of temporary. Council questioned the staff recommendations to Wapiti's Parks proposal in the report. Mr. Barnhart stated staff has not suggested a number of days that could be considered temporary but requested that the guest book be open for review by the city in order to verify that campers are moving through the grounds. He stated staff is open to suggestions regarding the number of days allowed for temporary camping. Councilmember Gumphrey agreed with staffs recommendations in the report. Councilmember Westgaard questioned if staff was proposing that no storage shed be allowed on any campsite or whether one storage shed no larger than 80 feet shall be allowed on each site. Attorney Beck stated staff is recommending no storage shed. He stated he had a very productive meeting with Wapiti's attorney and noted they have been working very well with the city. He stated it would be appropriate to give Wapiti Park an opportunity to speak and address some of the issues and for the city to get feedback from them. He noted Wapiti City Council Minutes April 4, 2011 Page 3 Park's attorney brought to his attention that the Council may have approved 120 square foot storage sheds back in 1998 Adam Katz, attorney for Wapiti Park -.Stated concerns for Conditions Number 4 and 5 regarding storage sheds and structures attached to camping vehicles. He stated these were new conditions added by staff since their last meeting. He stated the Council gave Wapiti permission to build 120 square foot storage sheds and vestibules on each campsite back in 1998. He stated Council talks about the safety and well-being of people but yet they don't want to allow insulation to be put on campers for those who do winter camping. He stated his legal position is sound because Wapiti Park is a legal non-conforming use and the city can't regulate non-conforming uses for an Interim Use Permit. He stated Wapiti Park has done what was asked of them but they're willing to try and work out a better proposal. Mr. Katz stated it is typical for campers to leave their equipment at sites and to come back to them. He stated it was a legitimate request by the city to allow review of the guest book. He stated Wapiti Park can't and shouldn't be expected to police the area for license compliance and doesn't see where his client would be required by state law to check them. He stated the MN Department of Health has never withheld a license from Wapiti Park. He noted in his original proposal he incorrectly stated 80 square feet for vestibules and storage sheds. Attorney Beck stated staff has a partial copy of some 1998 Council minutes provided by Mr. Katz regarding the storage sheds but that further review would be needed. He stated the minutes discuss staffs recommendations but not whether they were adopted by Council as recommended. He stated the staff recommendation says breezeways and screen porches are allowed but they have to be portable, not connected to the recreational vehicle, and have quick disconnect utilities. Councilmember Zerwas stated the structures on Wapiti Park recreational vehicles don't look quick disconnect. Attorney Beck stated there were numerous other conditions mentioned in the minutes, including that no licensed or inoperable vehicles are allowed. He stated the unlicensed vehicles came to staffs attention because they are being taxed as mobile homes, which is a concern because this is not a mobile home park and doesn't meet any state or city requirements of a mobile home park. Mayor Dietz questioned if staffs recommendation for Condition Number 4 and 5 (regarding storage sheds and structures attached to camping vehicles) would need further review. Attorney Beck stated the prior approval should be given some weight, but whether the current situation at Wapiti Park varies enough from the conditions in the minutes and what a typical RV screen enclosure would be, are for Council to discuss and to provide feedback on so staff can come back with a more firm recommendation. Mayor Dietz requested to know how many camping spots there are and how many storage sheds are on the sites. Mr. Katz stated he was unsure but could provide the information. It was indicated that there may be less than a dozen storage sheds. Councilmember Westgaard stated he would like more details about the 1998 Council decision. He would like to reach an agreement that both parties would be agreeable to. He stated Condition Number 3 regarding licensed, operable vehicles was important and that City Council Minutes Page 4 Apri14, 2011 common language is needed to ensure that the property is being used as a recreational campground and not a mobile home development. Mr. Katz stated Conditions Number 1 and 2 should address the recreational campground issues. He stated he is open to cleaning up the language but wanted no unreasonable burdens placed on his client. Councilmember Gumphrey concurred with Councilmember Westgaard and stated it is clear from the photos that Wapiti Park is not operating as a campground and is unacceptable. Councilmember Motin agreed. He stated the applicant is running a mobile home park and stated that guest books are easily doctored. He suggested limiting camping to 180 days. He stated the owner has not been policing Wapiti and this will be a nightmare for enforcement by the city. He stated he would be fine with staff's recommendations with the exception of looking at the storage shed issue. Councilmember Zerwas concurred with Councilmember Motin and further agreed with the 180 days. He stated the vehicles need to be licensed and registered. He stated fined sewage lines are not acceptable. Attorney Beck clarified the direction from Council. He noted the consumption and display permit for Wapiti expired in March and outlined the options for Council to consider. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO EXTEND THE INTERIM USE PERMIT, CASE NO. CU 10-16 FOR THE WAPITI PARK STORE BUILDING TO APRIL 18, 2011. MOTION CARRIED 5-0. Council opted to take no action on the Consumption and Display permit at tonight's meeting but asked that it be brought back for discussion on April 18, 2011. 5.2. Ordinance Amending Section 26-40 of the City Code Regarding Tobacco Product Shops Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 11-02 AMENDING SECTION 26-40 OF THE CITY OF ELK RIVER CODE OF ORDINANCES REGARDING TOBACCO PRODUCTS SHOPS. MOTION CARRIED 5-0. 5.3. Consider Tobacco License for Omar Wazwaz, DBA/Smokes 4 Less Inc Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A TOBACCO LICENSE TO SMOKES 4 LESS, INC, OMAR WAZWAZ TO DECEMBER 31, 2011 WITH THE FOLLOWING CONDITIONS: 1. NO SMOKING SHALL BE ALLOWED IN THE TOBACCO PRODUCT SHOP. City Council Minutes Page 5 April 4, 2011 ----------------------------- 2. THE LICENSE SHALL NOT TAKE EFFECT UNTIL OMAR WAZWAZ COMES INTO OWNERSHIP OF THE TOBACCO PRODUCT SHOP. 3. THE LICENSE IS ISSUED TO OMAR WAZWAZ AND IS VALID ONLY SO LONG AS OMAR WAZWAZ IS THE 100% OWNER OF THE TOBACCO PRODUCT SHOP. NO OWNERSHIP INTEREST IN THE TOBACCO PRODUCT SHOP MAY BE TRANSFERRED TO ANY OTHER INDIVIDUAL OR ENTITY UNLESS A NEW APPLICATION FOR A LICENSE IS SUBMITTED BY ALL PROPOSED OWNERS AND A NEW LICENSE IS ISSUED. TRANSFER OF ANY OWNERSHIP INTEREST IN THE TOBACCO PRODUCT SHOP TO ANYONE OTHER THAN OMAR WAZWAZ SHALL BE A VIOLATION OF THE LICENSE AND CAUSE FOR REVOCATION OF THE LICENSE. MOTION CARRIED 5-0. 5.4. 171St Area AUAR and Preliminarv Engineering Proposals Mr. Femrite presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE $99,294 FOR PROFESSIONAL SERVICES FROM WSB & ASSOCIATES FOR COMPLETION OF 171sT AREA AUAR AND PRELIMINARY ENGINEERING REPORT FOR PHASE 1 IMPROVEMENTS. MOTION CARRIED 5-0. 5.5. Recluest for Plaisted Companies Sand & Gravel Mining Operation EAW Ms. Haug presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-15 REGARDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PLAISTED COMPANIES DECLARING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR PLAISTED COMPANIES. MOTION CARRIED 5-0. 5.6. 2011 Street Improvement Project Mr. Femrite presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE $109,195 IN PROFESSIONAL SERVICES FROM BOLTON AND MENK, INC. FOR THE 2011 STREET IMPROVEMENT PROJECT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-16 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE PAVEMENT REHABILITATION IMPROVEMENT OF 2011. MOTION CARRIED 5-0. City Council Minutes Page 6 April 4, 2011 ----------------------------- 5.7. Commercial Purchase Agreement Between the Houlton Investment Company and the Cit} of Elk River Ms. Johnson presented the staff report. Councilmember Zerwas stated he heard concerns from a business owner regarding restrictions on overnight parking and he was not interested in implementing overnight parking and suggested there may be other ways to remove snow from the property. Mayor Dietz noted the city had concerns about the negative impact of losing 68 parking spots in the downtown and also wanted to show support to the downtown businesses with the purchase of this land. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE COMMERCIAL PURCHASE AGREEMENT BETWEEN THE HOULTON INVESTMENT COMPANY AND THE CITY OF ELK RIVER FOR THE PURCHASE OF PARCELS 75-404-0160, 75-405-0540, 75-405-0545, AND 75-405-0550. MOTION CARRIED 5-0. 5.8. Schedule Toint Meeting with Ramses City Council Ms. Allard presented the staff report. It was Council consensus to have the joint meeting on May 9, find out more information from Ramsey, and to bring this item back to Council to discuss agenda topics. 5.9. Discuss Council Worksession A eg ndas Councilmember Motin added a discussion regarding City Council and staff interaction to the April 11 worksession agenda. 6. Other Business There was no other business. Council Updates Mayor Dietz noted he would like to hold a joint meeting with the school district on a worksession night when the school will also be having their meeting here at City Hall and he would be arranging it in the near future. 8. Staff Updates Volunteering Ms. Johnson noted the Volunteer Expo was coming up on Tuesday, April 19, at the Activity Center. Mayor Dietz questioned when the utilization of volunteers would be coming back for Council discussion. Ms. Johnson noted that staff was still working on it and had until the end of April to pull ideas together. Mayor Dietz read two closed meeting statements as prepared on the Council agenda. City CouncIl Minutes Apri14, 2011 10. Adjournment Page 7 There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:50 p.m. Tina Allard, City Clerk John J. Dietz, Mayor ~,~, t :~ ` ~ -' ~ ...s ~, a CLOSED SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 4, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and Motin Members Absent: None Staff Present: City Administrator Lori Johnson and Police Chief Bradley Rolfe 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 8:17 p.m. by Mayor Dietz. 2. Closed Session-Labor Negotiation Discussion The purpose of the closed meeting was to discuss labor negotiation strategies for LELS Loca1271 pursuant to MN Statute 13D.03. 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 8:48 p.m. Tina Allard, Ciry Clerk John J. Dietz, Mayor ., cpp ~x u:.,+ `~ ~ i . CLOSED SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 4, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and Moon Members Absent: None Staff Present: City Administrator Lori Johnson, City Attorney Peter Beck, and Police Chief Bradley Rolfe 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 7:55 p.m. by Mayor Dietz. 2. Closed Session-Possible Purchase of Bailey Point The purpose of the closed meeting was to discuss the possible purchase of Bailey Point pursuant to MN Statute 13D.05, subd. 3(c). 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 8:15 p.m. Tina Allard, Ciry Clerk John J. Dietz, Mayor ~_ ;; ,:- '~ MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, APRIL I I, 201 I Members Present: Mayor Dietz, Councilmembers Gumphrey (6:32 p.m.), Motin, Westgaard, and Zerwas Members Absent: None Staff Present: City Administrator Lori Johnson, Police Chief Bradley Rolfe, Police Captain Ron Nerenhausen, Fire Chief T. John Cunningham, Wastewater Chief Operator GaryLeirmoe, Finance Director Tim Simon, Parks Supervisor Rodney Schreifels, ERMU Director of Operations Troy Adams, Mechanic Bob Mahutga, 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 Dietz. 2. Consider Council Agenda The following items were added for discussion under other business: ^ Parks and Recreation Director update ^ Police Officer Position 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 ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. TRANSIENT MERCHANT LICENSE FOR ELIZABETH HANSON TO SELL FLOWERS FROM THE PARKING LOT OF CHARLIE BROWN'S SHELL STATION, 335 LOWELL AVENUE, ON HOLIDAY WEEKENDS SUBJECT TO THE FOLLOWING CONDITIONS: 1. ONE 24 SQUARE FOOT SIGN SHALL BE ALLOWED. A TEMPORARY SIGN PERMIT MUST BE OBTAINED PRIOR TO DISPLAY OF THE SIGN. CONTACT THE PLANNING DEPARTMENT AT 763.635.1000. 2. THE MERCHANDISE DISPLAYED SHALL NOT OCCUPY MORE THAN 100 SQUARE FEET [SECTION 38-414 (6)]. 3. APPLICANT MUST REMAIN ON THE ASPHALT SURFACE AND NO PRODUCT CAN BE DISPLAYED IN THE GRASSY AREAS. 4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. City Council Minutes April 11, 2011 Page 2 5. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 6. THE AREA SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 7. NO OVERNIGHT STORAGE OF EQUIPMENT OR MERCHANDISE. 3.2. TEMPORARY SALES/STORAGE OF FIREWORKS LICENSE TO CHRISTOPHER ULMER, TNT FIREWORKS, TO SELL FIREWORKS FROM JUNE 20, 2011 TO JULY 5, 2011 FROM A TENT IN THE WAL-MART PARKING LOT SUBJECT TO THE FOLLOWING CONDITION: 1. AN INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE PRIOR TO THE TENT OPENING FOR SALES. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.635.1110 FOR AN INSPECTION AFTER THE TENT AREA HAS BEEN SET UP. MOTION CARRIED 4-0. 4. Ooen Mike Fred McCoy, McCoys Pub, 651 Main Street -thanked the Council for purchasing the two downtown parking lots. Councilmember Gumphrey amved at 6:32 p.m 5.1. Fleet Committee Update Mr. Simon reviewed a PowerPoint outlining the history, efforts, and accomplishments of the Fleet Committee. Mayor Dietz reviewed his budget saving ideas for the cites vehicles and equipment as outlined in the staff report. Chief Rolfe expressed concerns with extending the life of the patrol vehicles. Mayor Dietz suggested that building inspectors drive smaller, more economical vehicles. Mr. Thompson indicaxed the Fleet Committee has drafted an idling policy. Mayor Dietz asked Mr. Thompson to get him a copy of the policy. Mayor Dietz recessed the meeting at 7:09 p.m to celebrate his birthday. Mayor Dietz reconvened the meeting at 7:19 p.m 5.2. Visioning and Goals Update Ms. Johnson stated that staff continues to make progress on the visioning and goals project. She indicated the goal is to have Council concurrence of staff's action steps prior to beginning the 2012 budget discussions. Mayor Dietz questioned the status of the Volunteer of the Month program Ms. Johnson indicated that staff is continuing to work on this. City Council Minutes Page 3 April 11, 2011 5.3. Personnel PolicyDiscussion Items Ms. Johnson presented her staff report. Political Activity/ Candidacy Discussion was held regarding city employees using their job titles, city logos, and city name while endorsing or campaigning for political candidates. Council consensus was to revise the personnel policy to allow employees to use their city job titles while endorsing or campaigning for political candidates. It was noted that this revision can be included when the entire Personnel Policy Manual is updated later this year. The Council also agreed that the city logo and name should not be used by employees while endorsing or campaigning. The issue of employees wearing political clothing or buttons was discussed. The Council asked staff to consult with the city attorney on this issue. Council/Staff Kelation.r Ms. Johnson indicated that the city's Personnel Policy is mute on this issue which means it is allowed. She explained that under certain circumstances, such as harassment or other personnel matters, it is critical that the proper chain of command is followed. The Council discussed this issue and consensus was for Councilmember Motin to work with Ms. Johnson and Ms. Wipper on policy language and report back to the Council. Councilmember Motin noted that he would like this revision to be made to the Personnel PolicyManual immediately after language is approved. 5.4. Council Open Forum Employee Input Forms Mayor Dietz stated that employees will be receiving a letter in follow up to the employee suggestion forms they received earlier. Alternate Hours for Providing City Services Discussion took place on possibly changing the hours that normal city services are offered allowing employees to be off on Friday afternoons. It was noted that many issues need to be considered before mal~ng a change and staff is in the process of figuring out what best serves the needs of our residents. This item will come back before the Council at a later date. Quiet Zones Mayor Dietz stated that the city engineer is putting together inf ormation on quiet zones to be included in a future packet. Employee Summer Picnic/Potluck Ms. Johnson stated this item has been discussed at two department head meetings and the response is mixed. Council consensus was to schedule a potluck picnic on a sununer weeknight. Otsego Ms. Johnson indicted she has a meeting with the City of Otsego on Wednesday. City Council Minutes April 11, 2011 Page 4 Noavthen Mayor Dietz stated he is attending the Nowthen City Council meeting Tuesday and plans to speak under open mike. 6. Other Business Parks and Kecreation Director Interuien~.r Ms. Johnson indicated that five parks and recreation director candidates were interviewed by the Interview Committee last week. She explained that the Council requested that two candidates be recommended bythe Committee for a full Council interview, but in this case, the Committee unanimously agreed that one candidate stood out from the rest and is recommending only one candidate for full Council interview Council consensus was to interview the one candidate on Monday, Apri118 at 5:30 p.m. Councilmember Motin indicated he would like a narrative from the Interview Committee describing whythe Committee is recommending this candidate. Police O~cer Position Councilmember Zerwas explained his concerns about proceeding with the hiring process due to the uncertainty of the union negotiations. Ms. Johnson explained that the intent was to post the position to gather an eligibility list for future hire that would be good for six to nine months or longer. She stated that language was erroneously left off when the position was posted on the website but was included in all other postings. Chief Rolfe explained his recommendation for continuing to move forward with the position. Council consensus was to post this position for the purpose of gathering an eligibility list for future hire. 7. Council Updates Mayor Dietz indicated he has been approached by One Week: One Well asking him to sign a letter challenging other cities to raise moneyto pay for a well in Africa.. Council consensus was for the Mayor not to sign this letter because of the precedent it sets with the city endorsing charities. 8. Staff Updates Ms. Johnson indicated the 2010 State of the City/Annual Report is available on the cites website. She asked the Council howtheywant to proceed with presentation of the report. Council consensus was that theywould like to take time to reviewthe report and discuss any questions or concerns with the individual department heads during the budget process. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:24 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk John J. Dietz, Mayor DRAFT CLOSED SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 11, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and Motin Members Absent: None Staff Present: City Administrator Lori Johnson and City Attorneys Peter Beck, Sammy Clark, and John Baker (by phone) 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 8:28 p.m. by Mayor Dietz. 2. Closed Session-Attorney-Client Privileee The purpose of the closed meeting was to discuss the lawsuit involving the Elk River Landfill pursuant to MN Statute 13D.05. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 9:31 p.m. Tina Allard, City Clerk John J. Dietz, Mayor