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08-15-2011 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER MONDAY, AUGUST 15, 201 I Members Present: ~-2ay=or Dietz, Councilmembers Gumphrey, Motin, ~~'estgaard, 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 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 ^ .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 _~ugust 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. Open I~1ike No one appeared for open mike. 3.5. Call Special Meeting for Mondav. 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 Mondav August 29 X011 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. Request b`, 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 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 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. Request by Jerome and Jean Hendrickx 21144 Twin Lakes Road for Variance -Accessory Structure Regulations, Case No. V 11-01 -Public Hearing 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 ~-ariance based on e~:isting standards outlined in section 30-63~, 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. ~.3. Request 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. Request 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 LTse 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 City Council Minutes _~ugust 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 NO. 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. Councilmember Gumphrey opposed. 5.7. Reduest b~ City of Elk River for Conditional Use Permit for Public Works Facility, Case No CU 11-14 -Public Hearing 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. I\1s. Haug stated that the supplyT 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 Conunission. 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 EquitT entent 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 Contingency fund. Based on history, Council consensus was to reduce the Council Contingenry fund to X50,000. 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 Replacement 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 Stormavater Ms. Haug presented her staff report. Mr. Femrite reviewed some of the revised draft IvPDES permit requirements. He explained the new requirements are eery- costly. NIr. 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 staff's request is for a study be completed to determine the imper~rious surface and acreage for all properties within the city limits. Staff anticipates the study will cost approximately X30,000. 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/AGREAGE 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,~repar d essica Miller. ~r(f/^ v 1 Tina Allard, City Clerk • Citv Council Minutes August 15, 2011 J n J. ietz, M ,-or • Page 7 •