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4.1. DRAFT MINUTES 10-03-2011,~. ~~ ~ ~ ,.--- MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, SEPTEMBER 12, 201 I Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and Zerwas Members Absent: None Staff Present: Interim City Administrator Robert Thistle, Finance Director Tim Simon, Fire Chief T. John Cunningham, Environmental Administrator Rebecca Haug, Environmental Technician Nicki Blake-Bradley, and Executive Secretary/Deputy City Clerk Jessica Miller Others Present. Energy City Commissioners: Zehringer, Setterholm, Rohlf, Touchette, Sayler, and Setala 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 7:04 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Council Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. SPECIAL EVENT PERMITS A. ELK RIVER HIGH SCHOOL HOMECOMING PARADE ON FRIDAY, SEPTEMBER 23, 2011, WITH THE FOLLOWING CONDITIONS: 1. GARBAGE CLEAN-UP SHALL BE COMPLETED IMMEDIATELY FOLLOWING THE PARADE. 2. SIGNS SHALL BE FURNISHED AND INSTALLED ON SEPTEMBER 16 AS DETAILED ON THE ATTACHED FIGURE. UPON COMPLETION OF THE PARADE, ALL SIGNS SHALL BE IMMEDIATELY REMOVED. THE SIGN SHEETING SHALL BE ORANGE WITH BLACK LETTERING, REFLECTIVE, AND MOUNTED ON A 30X30 ALUMINUM PLATE. THE SIGNS SHALL BE MOUNTED ON A TYPE 1 OR TYPE 2 BARRICADE, City Council Minutes September 12, 2011 Page 2 OR APPROVED EQUAL. THE BARRICADES SHALL BE SECURED WITH SANDBAGS OR TIED TO AN EXISTING POLE TO PREVENT THEM FROM BEING REMOVED OR TIPPED OVER. 3. POLICE AND RESERVE SUPPORT WILL BE PROVIDED FOR TRAFFIC CONTROL. 4. NOTICE OF THE EVENT MUST BE GNEN TO AREA CHURCHES AND APARTMENT COMPLEXES AFFECTED BY THE PARADE ROUTE. 5. CANDY MAYBE HANDED OUT AT THE PARADE BUT IS NOT ALLOWED TO BE THROWN FROM MOVING OBJECTS. B. PIERCE GLOBAL ON BEHALF OF WAL-MART TO HOLD AN EVENT AS DESCRIBED IN THE STAFF REPORT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. RECEIPT OF A SIGNED AFFIDAVIT OF INSURANCE WAIVER OR A CERTIFICATE OF INSURANCE FOR THIS EVENT. 2. RECEIPT OF A COMPLETED STATE OF MINNESOTA WORKER'S COMPENSATION CERTIFICATE OF COMPLIANCE FORM. 4.2. EXECUTION OF CONFIRMATION OF ADJUSTMENTS TO ELECTION SHARES UNDER THE CAPX BROOKINGS -TWIN CITIES DEVELOPMENT PROJECT AGREEMENTS. MOTION CARRIED 5-0. Open Mike No one appeared for open mike. 6. Worksession 6.1. joint Meeting with Energy City Commission Chair Zehringer called to order the Energy City Commission meeting at 7:11 p.m. The Energy City Commissioners present outlined the benefits, value, and importance to keeping Elk River as Energy City and continuing with the Energy City Commission. Jack Mowry, owner MetalCraft -indicated that one of the reasons he built MetalCraft in Elk River was because Elk River is Energy City and he was looking to build an energy efficient building to cut utility costs. Florence Schuldt, 17155 Quincy Street NW -stated she believes that Energy City goes along with the branding and marketing plan presented earlier this evening and she cannot understand why the Council would want to eliminate Energy City. Lola Driessen, 324 Main Street - agreed with Ms. Schuldt stating that Elk River is ahead of many other communities in their conservation efforts and she doesn't think the city should go backwards. Counalmember Zerwas indicated that the city needs to look at funding core functions of local government in these difficult budget times, which may not include Energy City. He expressed concern with the benefits to our citizens of the international tours. City Council Minutes September 12, 2011 Page 3 Discussion took place on the amount of money and staff time expended on Energy City. DTs. Haug indicated that the bulk of staff time is spent on the Energy Expo, local tours, and school and group presentations. Councilmember Motin explained Energy City is great PR for the city but that he would like to see Energy City marketed better and obtain more grants to help cover costs. He questioned the benefit of the international tours and staff speaking engagements with other communities. Councilmember Westgaard stated that he is not in favor or eliminating Energy City because he believes there is a benefit to the citizens and businesses. He explained that with the current budget situation, Energy City must look at how to manage with less money. He added that Energy City is part of the brand. There being no further business, Chair Zehringer adjourned the meeting of the Energy City Commission at 7:59 p.m. 6.2. Fire Department Items A. Authorization to Advertise for Fire Department Administrative Assistant Chief Cunningham presented the staff report. Mayor Dietz stated that the Council increased the hours for this position in January to accommodate along-standing employee and his recommendation would be to reduce the hours back to the original 27.5 and advertise that there is no health insurance with the (~ position. Counciltnember Motin questioned the budget difference between 27.5 hours and 32 hours. Chief Cunningham indicated that the difference ranges between $9,700 and $12,000 depending on the employee's health insurance selection. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE STAFF TO PROCEED WITH ADVERTISING THE FIRE DEPARTMENT ADMINISTRATIVE ASSISTANT POSITION AT 32 HOURS. MOTION FAILED 2-3. Mayor Dietz, Councilmember Motin, and Councilmember Zerwas opposed. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE STAFF TO PROCEED WITH ADVERTISING THE FIRE DEPARTMENT ADMINISTRATIVE ASSISTANT POSITION AT 27.5 HOURS. MOTION PASSED 3-2. Councilmembers Westgaard and Gumphrey opposed. B. Hire Firefighters Chief Cunningham presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE THE HIRING OF STEVEN BOURDEAUX AND J. CHRISTOPHER SISB AS FIREFIGHTERS. MOTION CARRIED 5-0. City Council Minutes September 12, 2011 Page 4 6.3. Resolution Adopting 2010 Tax Le~~ies and Set Budget Meeting_Date MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 11-51 AUTHORIZING THE PROPOSED PROPERTY TAX LEVY FOR COLLECTION IN 2012. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 11-52 APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY 2012 TAX LEVY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 11-53 APPROVING THE 2012 TAX LEVY FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGA.ARD AND SECONDED BY COUNCILMEMBER MOTIN TO SET THE BUDGET MEETING AT WHICH PUBLIC COMMENT WILL BE TAKEN FOR DECEMBER 5, 2011 AT 6:30 P.M. MOTION CARRIED 5-0. Other Business ~~ Councilmember Zerwas indicated that the Council received an email from Sharon Klumpp, ~,, Springsted, Inc. and should be prepared to discuss the city administrator position at the next meeting. 8. Council Updates There were no Council updates. 9. Staff Updates Mr. Thistle indicated that in follow-up to Councilmember Motin's inquiry about Verizon, the city no longer has a contract with Verizon; therefore, the estimated cost to install a unit in city hall would be approximately $1,000. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:19 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk v City Council Minutes September 12, 2011 John J. Dietz, Mayor Page 5 ~~~ ~. '~ MEET{NG OF THE ELK RIVER CITY COUNCIL F' HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 19, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: Planning Manager Jeremy Barnhart, City Engineer Justin Femrite, Environmental Administrator Rebecca Haug, City Attorney Peter Beck, Fire Chief T. John Cunningham, Police Chief Bradley Rolfe, Street Superintendent Phil Hals, Assistant Street Superintendent Mark Thompson, and Senior Administrative Assistant Jennifer Johnson Also Present: Planning Commissioner Paul Bell 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. Pledge of Allegiance The pledge of allegiance was recited. 3. Consider 09/19/2011 Agenda Mayor Dietz requested item 8.3. be added to discuss the current painting of the water tower and the costs associated with the possibility of including the new branding logo. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA WITH THE ADDITION AS NOTED. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 COUNCIL MINUTES • SEPTEMBER 6, 2011 SPECIAL • SEPTEMBER 6, 201 CLOSED • SEPTEMBER 8, 2011 SPECIAL 4.2. CHECK REGISTER 4.3. PAY ESTIMATES A. 2011 STREET IMPROVEMENT ESTIMATE 1 B. 2011 SEAL COAL IMPROVEMENTS City Council Minutes September 19, 2011 Page 2 4.4. TEMPORARY ON-SALE LIQUOR LICENSE -ELK RIVER AREA ARTS ALLIANCE 4.5. AUTHORIZATION TO PROCEED WITH BRAND PLAN IMPLEMENTATION 4.6. MASTER JOINT POWERS AGREEMENT BETWEEN THE MINNESOTA BUREAU OF CRIMINAL APPREHENSION AND THE CITY OF ELK RIVER PROSECUTOR'S OFFICE MOTION CARRIED 5-0. 5. Open Mike 5.1. Eddv Family Foundation Robert K. Eddy of the Eddy Family Foundation presented the Council with a contribution report dated from 1998 to present. Mr. Eddy awarded $2,000.00 each to both the Elk River Fire Department and the Elk River Police Department. The Council thanked the Foundation for their continued generosity and support. 5.2. Representative from Michele Bachmann's Office Rachel Horn, Outreach Coordinator at Congresswoman Michele Bachmann's office, introduced herself and provided information on what their office provides as well as how to contact Congresswoman Bachmann. 6.1. Resolution of Support for The Bank of Elk River Mayor Dietz read the resolution of support for the $14,000 contribution provided to support special events and programs operated by the Elk River Parks and Recreation Department. Council thanked John Babcock and Bill Lavine, who were present from The Bank of Elk River, for their continued generosity and support. 6.2. 30 Years of Service Recognition -Mark Thompson Street Superintendent Hals highlighted Mr. Thompson's service to the city. The City Council thanked Mr. Thompson for his service and Mayor Dietz read and presented a plaque to him. 6.3. .Resolution Authorizing the Issuance and Sale of Revenue Bonds. Series 2011 (Evans Park Inc. Project 1 -Public Heating Mr. Simon presented the staff report. He stated Ehlers reviewed the financial feasibility and offering statement and made comment about debt service reserves and appraisal, but they do not see a reason for the city to not approve the issuance of the debt. The financial risks to bond investors appear to be clearly standard in the financial feasibility study for the project. Representatives from Guardian Angels were available to answer questions. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE RESOLUTION 11-55 AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS, SERIES ;..~ »' City Council Minutes September 19, 2011 Page 3 2011(EVANS PARK INC. PROJECT) AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 7.1. Request by Elk River Landfill. Inc. for Land Use Amendment, Case No. LU 11-01 -Public Hearing 7.2. Request by Elk River Landfill. Inc. for Zone Change. Case No ZC 11-01 -Public Hearing 7.3. Request by Elk River Landfill, Inc. for Conditional Use Permit. Case No. CU-11-12 - Public Hearing 7.4. Request by Elk River Landfill. Inc. for a Solid Waste Facilities License to Operate_the_ Existing Landfill and the 31.8 Acre Expansion Ms. Haug presented the staff report. Counselor Beck would outline the documents contained in the staff report after the public hearing. Mayor Dietz opened the public hearing. Chad Blomgren, 22343 Watson Circle, and also representing the Ridges of Rice Lake Homeowners Association, explained to the council his concerns with allowing the expansion to be approved, noting he and other neighbors do not like the noise and smell of the landfill and compost site. He expressed concerns with the council changing their mind from last year about not expanding. He stated he was told his by realtors in 2002 that the landfill would be closing in 5 years, which is why he moved ahead with buying his home. He requested the council deny the request for the expansion as he and the other residents of the Ridges of Rice Lake felt the expansion is a short term, financial gain that negatively affects residents, homes sales, and future growth for the City. Shavon Erickson, 12163 - 223=d Avenue, explained she has lived in her home for 40 years and is upset by how the landfill has affected her property and wildlife. She is opposed to any further expansion and requested the council deny the request for the expansion. There being no one el"se to speak, Mayor Dietz closed the public hearing. Councilmember Gumphrey stated he would deny the four requests from Elk River Landfill on tonight's agenda. He noted he's always been opposed to this project and by expanding, feels it's unnecessarily creating more land that will be unbuildable and unusable, and also feels it's unacceptable to approve their requests, which ultimately take away a future tax base. He stated he felt the residents of Elk River and especially residents of Ward 2, which he represents, are also opposed to the landfill expansion. Counselor Beck explained the resolutions in the staff report for the coundl's consideration, the first being a resolution approving the Comprehensive Plan amendment, which needed to pass by a 4/5~'s vote. The second resolution would adopt the rezoning from Al (ME) Agricultural Conservation (Mineral Excavation) to AI (SWF), Agricultural Conservation (Solid Waste Facility). The third resolution approves both the Conditional Use Permit (CUP) and the Solid Waste Facility License, together in one resolution. A copy of the CUP and License were included in the packet and would be attached to the resolution approving them. Lastly, included in the packet was a proposed restrictive covenant. This would restrict any portion of the property that Elk River Landfill acquires that is not approved for fill, and would restrict it as a matter of private covenant from depositing solid waste. Counselor Beck stated the covenant is enforceable by the city as well as any property owner living within a mile of Elk River Landfill. The intent of the covenant is to prevent a future opportunity for the council to change its mind by re-guiding and re-zoning for additional landfill space, City Council Minutes September 19, 2011 Page 4 vrithout the consent of all the residents within one mile of the landfill. The covenant will be in effect for 40 years, which is 20 years beyond the closure of the landfill. The term of 40 years is the statutory maximum. Counselor Beck stated Elk River Landfill is in agreement urith the terms of the proposed agreements, but they didn't have an opportunity to review and comment on the resolutions before the packets were sent. He stated they should be given the opportunity to make any comments before council takes action. Proposed Findings of the Comprehensive Plan Amendment include: - history of Elk River Landfill - proposed expansion of 31.8 acres rather than the previous request to expand 109 acres - preserves over 60 acres of land at the future interchange of Highway 169 and 2215 Avenue for future development - sets an absolute date for the landfill to close - provides for an expansion fee on the 31.8 acres expansion - provides for the covenant which will ensure that there will be no further expansion of the Landfill - addresses appropriate screening, including a landscaped berm along 221ST Avenue - Elk River Landfill has committed to working with the City in good faith for a possible future trail connection along the railroad trail north of the City limits - approval of a smaller expansion would resolve the pending litigation. Counselor Beck stated Elk River Landfill needs to provide the City with written documentation of ownership of the 33 acres, and execute the Agreement for Issuance of Amended Conditional Use Permit should it be approved by council tonight. The Agreement for Issuance of Amended Conditional Use Permit becomes effective as provided by its terms. He stated Elk River Landfill needs to execute a stipulation for dismissal of the pending litigation as well as execute a covenant in a form acceptable to the City. Mayor Dietz asked if a representative of Elk River Landfill wished to speak. Gerard Hamblin, an Engineer with Waste Management, stated he has been involved with city staff and attorneys from the start of negotiations and stated they reached an agreement with the documents and resolutions presented this evening. He stated there was one minor issue with the term of the restrictive covenant, and Elk River Landfill suggested keeping the term the same as the Landfill's operating license, which would end in 2030, but understands the rationale the city attorney used. He thanked staff and the attorneys for helping work through this process. Councilmember Motin stated he understands the concerns that the residents and Councilrnember Gumphrey presented, but felt this process had gone on long enough. He echoed the findings in the resolutions presented. He stated he voted against the 109 acre expansion but felt the 31.8 acres proposal was a more reasonable request. He felt the litigation was costly and time consuming, and felt this was a very good compromise for both the City and Elk River Landfill. He stated he would be voting in favor of the expansion. Counciltnember Westgaard agreed with Councilmember Motin's comments. He stated when the original expansion request of 109 acres was presented, he wasn't in favor of such a large expansion. He stated it was unfortunate to go through litigation to come to a compromise r; \. J' but given the circumstances, he said he feels it's the best resolution. Future tax base City Council Minutes September 19, 2011 Page 5 development property was a priority in this decision. He said he appreciates the comments shared by residents of the area, and stated the City can't control what realtors, developers, or people outside of City staff say. Councilmember Zerwas agreed with Councilmembers Motin and Westgaard. He feels this resolution puts an end to the litigation process, and ends any speculation of further expansion. He stated he didn't feel this is a win-u~in situation, but felt it was the best given the circumstances. Mayor Dietz stated he wasn't on the council when the original request was denied. He feels there would have been a good chance that the City would have lost some of the appeals and didn't want to risk spending taxpayer money on further litigation. He felt there are no winners in a compromise but he feels the compromise that was made is the best possible one for both parties. Counselor Beck commented on a potential future trail connection to the west of the landfill. Elk River Landfill is indicating in one of the agreements they would work in good faith with the city on a potential future trail connection at no material cost to Elk River Landfill. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-56 APPROVING THE APPLICATION FOR THE COMPREHENSIVE PLAN AMENDMENT FOR ELK RIVER LANDFILL, INC. AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-1. COUNCILMEMBER GUMPHREY OPPOSED. ~' MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-57 APPROVING THE APPLICATION OF ELK RIVER LANDFILL, INC. FOR A REZONING TO ALLOW FOR EXPANSION OF ELK RIVER LANDFILL AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-1. COUNCILMEMBER GUMPHREY OPPOSED. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 11-58 APPROVING THE APPLICATION OF ELK RIVER LANDFILL, INC. FOR AMENDED CONDITIONAL USE PERMIT AND SOLID WASTE FACILITIES LICENSE TO ALLOW EXPANSION OF THE ELK RIVER LANDFILL AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-1. COUNCILMEMBER GUMPHREY OPPOSED. 7.5. Request b~~anet Adams for Conditional Use Permit for Retreat Center (Non-Owner Occupied Bed & Breakfast, 931 Main Street Case No. CU 11-16 -Public Pleating continued to October 17 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing and continued it to October 17, 2011. City Council Minutes Page 6 September 19, 2011 ----------------------------- 7.6. Request by City of Elk River for Ordinance Amendment Regarding FEMA maps. Case INTO. OA 11-02 -Public Hearing continued to October 17 Mr. Barnhart presented the staff report Mayor Dietz opened the public hearing and continued it to October 17, 2011. 8.1. Public Works Facility Phase 1 Project Items Mr. Simon presented the staff report. Brian Recker from RJM Construction presented the results of the bids that were included in the staff report. Specifically, he discussed Bid Category 6A, salt storage relocation and foundation. The manufacturer for this is a company named Cover-All, who has gone out of business. There is the possibility that the existing structure may not have been designed properly for current building codes. A structural engineer will need to evaluate this situation. If it is determuied that the existing structure is deficient, the city would either have to approve the design and installation of supplemental support on the existing structure, or the city would have to approve the installation of a new shed structure. City Attorney Peter Beck will check into the documents about the manufacturer's warranty. It was decided to postpone awarding bid category 6A until October 3 so some of these questions can be answered. Should the type of work change or the cost with a difference $100,000 this category would have to be re-bid. Councilmember Gumphrey expressed concerns with the condition of the fabric on the roof of the salt shed He wondered if Greystone Construction could check into whether or not they could find and replace fabric should it be needed in the future. Mr. Recker stated he would check with Greystone. Mr. Recker then discussed Bid Category 11A, the fuel island. Because of the concern of the salt storage shed and the costs associated with the possible repair, Mr. Recker recommended awarding the bid for but holding off on approving the purchase of the fuel canopy alternate. Mr. Recker would ask the contractor to reserve the bid amount for 30 days. At the October 3 council meeting, the council could then decide on whether or not to purchase the fizel canopy. Council concurred MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE BIDS AS RECEIVED OTHER THAN BID CATEGORY 6A AND WITHOUT THE FUEL CANOPY ALTERNATIVE IN 11A, AND DEFER THE AWARD OF THE FUEL CANOPY ALTERNATIVE FOR 30 DAYS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Mr. Simon discussed the funding of Phase I of the Public Works Facility as outlined in the staff report. Dave Potvin, Liquor Store Manager, addressed the council and noted how gratifying it was for both himself and his staff for municipal liquor stores to help fund such a major project. '~_.. City Council Minutes September 19, 2011 Page 7 ~°--. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE TRANSFER FROM THE MUNICIPAL LIQUOR FUND TO THE GOVERNMENT BUILDING FUND IN THE AMOUNT OF $2,750,000 TO FUND THE PUBLIC WORgS FACILITY PHASE I PROJECT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 8.2. Update on MPCA Compliance Evaluation Inspection for the Wastewater Treatment Facilit<- Mr. Femrite presented the staff report. He complimented the wastewater treatment staff for maintaining the overall physical condition of the plant in excellent condition and in good working order. He met with Gary Leirmoe and MPCA staff to discuss the possibility for the city to expand their collection line north to several cluster system developments. Most of these cluster systems are within current city limits, located adjacent to each other, and are currently showing signs of contributing nitrates to groundwater. The systems are not designed to adequately treat wastewater for nitrates. Many of the cluster systems that have NPDES/SDS pern~its with the MPCA are coming up for reissuance. Once these axe reissued, the permits may contain compliance schedules that will require nitrate limits. Because the cost for these cluster systems to upgrade to advance wastewater treatment in order to meet potential nitrate limits will be extremely costly to homeowners, it may be in their best interest to hook up to city sewer. The council directed staff to work with the MPCA with all affected parties to evaluate the extension of city sewer as an option on a case by case basis. 8.3. Water Tower Painting and Possible Adding of New Tag Line Mayor Dietz, for discussion purposes, directed staff to obtain costs associated with adding the new tag line, Powered by Nature, to the water tower on Gary Street, which is currently being repainted. Mr. Femrite indicated the cost for preparation and application of an 8' x 22' logo would run approximately $14,400 for the first logo and $12,400 for the second. He stated the cost to return at a future time would be an additional $10,000 for site preparation and equipment. Counal decided that although they want the logo to be added, perhaps it can be incorporated in 2 years when another water tower is scheduled to be repainted. Other Business Councilmember Motin asked to reconsider the wording of the resolution of item 6.1. He asked that the resolution be reworded to read "a unanimous vote" of the council, not "by at least atwo-thirds vote" in the second to last paragraph. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO RECONSIDER ITEM 6.1. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO REMOVE THE WORDING "BY AT LEAST ATWO-THIRDS VOTE" TO "A UNANIMOUS VOTE" FOR ITEM 6.1. MOTION CARRIED 5-0. City Council Minutes September 19, 2011 Page 8 10. Council Updates Mayor Dietz updated the council on the city administrator position. Kevin Lahner, the number one candidate for this position, has decided to stay in Burlington, WI and declined the city's offer. Staff is in the process of negotiating with the number two candidate, Cal Fortner. Councilmember Zerwas requested staff prepare some type of organizational structure of the city into a chart, listing all department heads, di~~ision managers, full time staff and part time staff in all departments of the city. Mr. Simon would discuss this with Bob Thistle. 11. Staff Updates There were no staff updates. 12. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:10 p.m. Minutes prepared by Jennifer Johnson. Tina Allard, City Clerk John J. Dietz, Mayor "~ ~~~ ~: t ;s' ~~~~:,,