6.1. DRAFT MINUTES 09-06-2011Df~AFT
SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, AUGUST 22, 201 I
Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Gumphrey, and Westgaard
Members Absent: None
Staff Present: Interim City Administrator Bob Thistle and City Clerk Tina Allard
Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 5:30 p.m. by Mayor Dietz.
2. City Administrator Search Selection Process
The Council discussed the candidates for the city administrator position with Springsted
Consultant Sharon Klump. Council narrowed the candidates down to four with a possible
fifth candidate to be chosen should one of the four selected decide not to interview.
The Council selected September 8, 2011, at 1:00 p.m. as a special meeting in order to
interview the candidates as City Hall.
3. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 6:50 p.m.
Tina Allard, City Clerk
John J. Dietz, Mayor
DRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER
MONDAY, AUGUST 15, 201 I
Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and
Zerwas
Members Absent: None
Staff Present: Interim City Administrator Robert Thistle, City Attorney Peter Beck,
Finance Director Tim Simon, Planning Manager Jeremy Barnhart, Planner
Chris Leeseberg, Environmental Administrator Rebecca Haug, GreenCorps
Member/Environmental Intern Ross Pomeroy, Assistant Street
Superintendent Mark Thompson, City Engineer Justin Femrite, ERMU
Director of Operations Troy Adams, Ice Arena Manager Rich Czech,
Police Captain Bob Kluntz, Police Captain. Ron Nierenhausen, Mechanic
Bob Mahutga, Building Official Bob Ruprecht, Parks Supervisor Rodney
Schreifels, Fire Chief T. John Cunningham, and Executive
Secretary/Deputy City Clerk Jessica Miller
Call Meetin~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
.Letter of Support to the City of Ramsey for their Federal Funding Application of
Mississippi River Trail was added as item 3.10.
Items 3.5. and 3.8. were removed from the consent agenda.
MOVED BY COUNCILMEMBER MOTIN 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 GUMPHREY TO APPROVE THE FOLLOWING
CONSENT AGENDA:
3.1. AUGUST 8, 2011 MINUTES.
3.2. CHECK REGISTER AS OUTLINED IN STAFF REPORT.
3.3. OUT OF STATE TRAVEL FOR POLICE DEPARTMENT.
3.4. CONTRACTUAL AGREEMENT BETWEEN THE POLICE
DEPARTMENT AND THE CHECK DIVERSION PROGRAM, LLC
(CDP SERVICES)
3.6. JOINT POWERS AGREEMENT BETWEEN THE ELK RIVER POLICE
DEPARTMENT AND THE STATE OF MINNESOTA, BUREAU OF
CRIMINAL APPREHENSION.
3.7. APPROVE ICE ARENA LEAD WORKER POSITION DESCRIPTION,
APPROVE THE POSITION TO BE FULL-TIME YEAR ROUND, AND
City Council Minutes
August 15, 2011
Page 2
PROMOTE DENNIS WALKER INTO THE LEAD WORKER POSITION
BEGINNING SEPTEMBER 6, 2011, AT PAY GRADE 5, STEP A.
3.9. PYROTECHNIC FIREWORKS DISPLAY -RES SPECIALTY
PYROTECHNICS, INC. FOR SEPTEMBER 1 AND 23, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. RES SPECIALTY SHALL ARRANGE FOR A SITE INSPECTION
BY THE FIRE DEPARTMENT THE DAY OF THE
PYROTECHNIC DISPLAY(S).
2. FIRE DEPARTMENT MAY MAKE NECESSARY
MODIFICATIONS TO THE PERMIT'S APPROVAL BASED ON
FINAL REVIEW OF THE APPLICATION.
3.10. LETTER OF SUPPORT TO THE CITY OF RAMSEY FOR THEIR
FEDERAL FUNDING APPLICATION OF THE MISSISSIPPI RIVER
TRAIL.
MOTION CARRIED 5-0.
4. Omen Mike
No one appeared for open mike.
3.5. Call Special Meeting for Monday, August 22. 2011. for City Administrator Search Selection
Process
Council consensus was to begin the meeting at 5:30 p.m.
3.8. Call Special Meeting for Monday, Au~aust 29, 2011 for Parks and Recreation Director
Interviews
Council consensus was to conduct the interviews on September 6, 2011, beginning at 6 p.m.
or immediately following the meeting of the Housing and Redevelopment Authority,
whichever is later.
5.1. Reduest by City of Elk River for Ordinance Amendment to Chapter 30 -Land
Development Regulations, Article VI -Zoning; Division 2. Administration and
Enforcement, Subdivision II -Appeals and Variances, Case No. V 11-02 -Public Hearin
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 WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 11-04 AMENDING
SECTION 30-635 OF THE ELK RIVER, MINNESOTA, CITY CODE
PERTAINING TO VARIANCES. MOTION CARRIED 5-0.
5.2. Reduest b~Terome and Jean Hendrickx, 21144 Twin Lakes Road for Variance -Accessory
Structure Regulations, Case No. V 11-01 -Public Hearints
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
City Council Minutes Page 3
August 15, 2011
Jerome Hendricl~, applicant, 21144 Twin Lakes Road -outlined his request.
There being no one else to speak to this issue, Mayor Dietz closed the public hearing.
It was noted that the Board of Appeal reviewed the variance based on existing
standards outlined in section 30-635, but that new criteria was just approved with the
adoption of ordinance 11-04 above.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO REMAND THE REQUEST BY JEROME
AND JEAN HENDRICKX, 21144 TWIN LAKES ROAD, FOR A VARIANCE,
CASE NO. V 11-01, BACK TO THE BOARD OF APPEALS FOR REVIEW
UNDER THE RECENTLY ADOPTED CRITERIA. MOTION CARRIED 3-2.
Councilmembers Gumphrey and Zerwas opposed.
5.3. Reauest by Elk River Landfill, Inc. for Land Use, Case No LU 11-01 Public Hearin
continued to September 19.2011
5.4. Request by Elk River Landfill Inc. for Zone Change. Case No. ZC 11-01 -Public Hearing
continued to September 19, 2011
5.5. Reduest by Elk River Landfill Inc. for Conditional Use Permit. Case No. CU 11-12 -
Public Hearing continued to September 19
Ms. Haug stated that the above applications have been continued to the September 19 City
Council meeting with the applicant's consent. She stated that staff has been working with
the applicant to resolve some issues with their application that could not be resolved in time
to prepare staff reports and an amended CUP prior to the August meetings. She indicated
that the public hearing should be opened and continued to September 19.
Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor
Dietz continued the public hearing to September 19, 2011.
5.6. Request by Tiller Corporation for Conditional Use Permit Case No. CU 11-13 -Public
Hearin
Ms. Haug presented the staff report.
Mayor Dietz opened the public hearing.
Kirsten Pauley, Sunde Engineering indicated that she and Steve Sauer, VP Tiller
Corporation were in attendance to answer questions.
There being no one else to speak to this issue, Mayor Dietz closed the public hearing.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE REQUEST BY TILLER
CORPORATION TO AMEND ITS EXISTING CONDITIONAL USE PERMIT
TO ALLOW MINERAL EXCAVATION OF APPROXIMATELY 8.9 ACRES OF
PROPERTY OWNED BY WASTE MANAGEMENT, INC. SUBJECT TO THE
CONDITIONS LISTED BELOW:
1. INSTALLATION OF A BERM ALONG THE WEST ENTRANCE
OF THE GRAVEL OPERATION, ALONG 221ST AVE AS
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August 15, 2011
Page 4
SHOWN ON THE PLAN SUBMITTED BY TILLER. THIS
BERM SHALL BE INSTALLED PRIOR TO REMOVING ANY
TREES FROM THE 8.9 ACRE BUFFER AREA.
2. THE EXISTING CUP FOR TILLER'S OPERATION MUST BE
AMENDED WITHIN THE NEXT SIX MONTHS TO ADDRESS
THE FOLLOWING ISSUES:
A) ANEW RECLAMATION PLAN WHICH
REFLECTS THE 27.2 ACRE LANDFILL
EXPANSION.
B) CONTINUANCE OF THE BERM ALONG 221ST
AVE TO THE WEST. THIS BERM SHALL BE
INSTALLED PRIOR TO REMOVAL OF ANY
TREES WITHIN 1,000 FEET TO THE NORTH
OF THIS BERM, UNLESS STAFF APPROVES
LIMITED REMOVAL OF TREES TO ALLOW
FOR INSTALLATION OF THE BERM.
3. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL
USE PERMIT SHALL CONTINUE TO BE MAINTAINED.
4. APPROVAL OF THE CUP AMENDMENT TO MINE THE 8.9
ACRE BUFFER AREA SHALL NOT TAKE EFFECT UNLESS
AND UNTIL WMI'S APPLICATION TO AMEND ITS CUP TO
DEPOSIT WASTE IN THIS AREA IS APPROVED, WITH THE
EXCEPTION THAT TILLER MAY IMMEDIATELY BEGIN
MINING ON THE EAST END OF THE 8.9 ACRE BUFFER,
WITHOUT REMOVING ANY SIGNIFICANT TREES, FOR THE
PURPOSE OF CONSTRUCTING THE BERM IMPROVEMENTS
IDENTIFIED IN # 1 ABOVE.
5. WITHIN 45 DAYS OF THE CITY COUNCIL VOTE APPROVING
THE APPLICATION REFERENCED IN CONDITION N0.4,
TILLER, THROUGH ITS COUNSEL, WILL AUTHORIZE ITS
COUNSEL TO WITHDRAW THE APPEAL FILED BY ERL AND
TILLER KNOWN AS "ERL IV" (APPEAL NO. A11-0212)
MOTION CARRIED 4-1. Counciltnember Gumphrey opposed.
5.7. Reduest by City of Elk River for Conditional Use Permit for Public Works Facility. Case No.
CU 11-14 - Aublic Hearin
Mr. Leeseberg 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 GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE REQUEST BY THE CITY
OF ELK RIVER FOR A CONDITIONAL USE PERMIT FOR PUBLIC WORKS
FACILITY, CASE NO. CU 11-14, WITH THE FOLLOWING CONDITIONS:
1. ALIGHTING PLAN WILL NEED TO BE PROVIDED SHOWING
THAT A LEVEL OF 1.5 FOOTCANDLES IS MAINTAINED.
2. A LANDSCAPE PLAN WILL NEED TO BE APPROVED BY STAFF.
3. A SIGN PERMIT WILL BE REQUIRED FOR ALL EXTERIOR
SIGNAGE.
City Council Minutes Page 5
August 15, 2011
MOTION CARRIED 5-0.
6.1. Consider cleanER Program
Ms. Haug presented the staff report.
Councilmember Westgaard questioned the anticipated cost. Ms. Haug stated that the supply
costs should be minimal but will depend on participation.
The Council expressed an interest in having staff bring this issue to the Parks and Recreation
Commission. Ms. Haug explained that she wanted to gauge City Council interest in the
program prior to presenting the program to the Parks and Recreation Commission.
Councilmember Zerwas had concerns about the amount of staff time the program will
require. Ms. Haug indicated that if the city gets a volunteer coordinator that person could
assist with the program.
Council consensus was for staff to gather additional information as discussed and present
this item to the Parks and Recreation Commission before returning to Council.
6.2. Purchase of Asphalt Patching_Eduipment
Mr. Thompson presented the staff report.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE PURCHASE OF ASPHALT
PATCHING EQUIPMENT AS OUTLINED IN THE STAFF REPORT WITH
FUNDING FROM THE 2011 EQUIPMENT REPLACEMENT FUND. MOTION
CARRIED 5-0.
7. Recess to Worksession
Council recessed at 7:30 p.m. and reconvened in Upper Town for the budget
Worksession at 7:36 p.m.
7.1. Budget Worksession
Mr. Simon provided a ten year history on the Council Contingenry fund. Based on history,
Council consensus was to reduce the Council Contingency fund to $50,000.
Mr. Simon reviewed budget amendments.
Mr. Simon indicated that the deadline for the State fuel contract has been moved to
September 15 so the purchasing alliance can take advantage of the current market. Council
concurred with increasing the percentage of fuel on the contract to take even more
advantage of the contract pricing.
Equipment Keplacement Fund
Mr. Thompson, Chair of the Fleet Committee, reviewed the 2012 equipment requests as
outlined in the staff report. Mr. Simon reviewed the equipment replacement fund.
City Council Minutes Page 6
August 15, 2011
Stormaa~ater
Ms. Haug presented her staff report.
Mr. Femrite reviewed some of the revised draft NPDES permit requirements. He explained
the new requirements are very costly. Mr. Femrite indicated that based on conversations
with other communities, setting up a rate structure for all property owners will be very labor
intensive. He stated that staffs request is for a study be completed to determine the
impervious surface and acreage for all properties within the city limits. Staff anticipates the
study will cost approximately $30,000. Discussion took place on various options for
financing the new requirements.
Mayor Dietz requested that staff put together draft scenarios of each fee structure to give the
Council a general idea of what each structure would generate annually.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD FOR STAFF TO OBTAIN A PROPOSAL TO
COMPLETE A STUDY TO DETERMINE THE IMPERVIOUS
SURFACE/ACREAGE FOR ALL PROPERTIES WITHIN THE CITY LIMITS
AND REPORT BACK TO THE COUNCIL. MOTION CARRIED 5-0.
8. Other Business
Mr. Thistle indicated that he is working with the School Board to schedule a joint meeting.
October 10 was suggested as a possible meeting date. He asked the Council to let him know
if they have topics they would like discussed.
Council Updates
Mayor Dietz questioned if a special meeting notice was necessary for the employee picnic.
Ms. Miller indicated that a notice of quorum has been prepared.
Councilmember Westgaard questioned the status of the Highlands West parking issue. Mr.
Thistle indicated that staff is working on this issue.
10. Staff Updates
There were no staff updates.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:25 p.m.
Minutes prepared by Jessica Miller.
Tina Allard, City Clerk
John J. Dietz, Mayor