01-17-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL
• HELD AT THE ELK RIVER CITY HALL
MONDAY, JANUARY 17, 2012
Members Present: Mayor Dietz, Councilmembers Zerwas, I\loon, and Gumphrey
Members Absent: Councilmember Westgaard
Staff Present City Administrator Calvin Portner, Environmental Administrator Rebecca
Haug, Director of Economic De~-elopment Annie Deckert, Finance
Director Tim Simon, City Attorney Peter Beck, 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 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 1 /17/2012 Agenda
• MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION
CARRIED 4-0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.2 PAY ESTIMATE NUMBER 4 FOR THE PUBLIC WORKS PROJECT AS
OUTLINED IN THE STAFF REPORT.
4.3 COMMERCIAL KENNEL LICENSE TO HALEY JO VIGSTIL DBA/
RINTIN INN KENNELS, LLC VALID THROUGH DECEMBER 31, 2012.
4.4 REQUEST FOR PROPOSAL FOR ENGINEERING SERVICES ON THE
171sT AVENUE AREA PHASE I IMPROVEMENTS AND
AUTHORIZATION TO ADVERTIZE THE PROPOSAL.
4.5 EQUIPMENT LEASE AGREEMENT WITH EAST SIDE OIL
COMPANY FOR NEW OIL COLLECTION STATION TO BE
LOCATED AT THE COMPOST SITE AND AUTHORIZE CITY
ADMINISTRATOR PORTNER TO EXECUTE THE AGREEMENT.
4.6 PURCHASE OF A 2012 ROKON TRAIL BREAKER WITH
ACCESSORIES AND ATTACHMMENTS IN THE AMOUNT OF
$9,530.36.
• MOTION CARRIED 4-0.
City Council Minutes
January 17, 2012
Page 2
~. Open Forum •
INTO one appeared for Open Forum.
6.1 Cit<r of Elk River Volunteer of the ?Month-Mav or Dietz
This item was delayed to the February 6, 2012, Council meeting as the volunteer was out of
town.
7.1 Request by Great River Energy- to Amend Conditional Use Permit and License, Case No.
CU 11-20
Attorney Beck provided a history of the RDF plant He noted that the conditional use
permit has been streamlined so that the operational items are not in it and that the
conditional use permit will be permanent as is now required in state law.
Mr. Beck stated at the time the original RDF plant was developed, Anoka County and NSP
entered into an agreement with the cite to make a payment in lieu of taxes. He stated this
was a fixed amount that increased based on the cost of living index. He noted the economics
of this type of business over the years have changed and staff is now recommending a
volume-based payment. He further noted it is very unusual to have this type of fee with a
conditional use permit but the reason it is included in this is because of the history of this
facility and because of GRE's agreement to voluntarily make a payment of this annual fee.
Ms. Haug presented the staff report. She stated the license would run on a 3-year cycle and •
that staff and the Planning Commission recommend approval of the request.
Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor
Dietz closed the public hearing.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE A SOLID WASTE FACILITY
LICENSE FOR CASE NO. CU 11-20. MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE A CONDITIONAL USE
PERMIT TO GREAT RIVER ENERGY, CASE NO. CU 11-20. MOTION
CARRIED 4-0.
7.2 Close Out the 2007 Minnesota Investment Fund MNDEED Grant for Sportech, Inc
Expansion Project
Ms. Deckert presented the staff report.
Chris Carlson, President and Owner of Sportech, Inc. -Stated his business is continuing to
grow and that it is great to do business in Elk River.
Mayor Dietz thanked Mr. Carlson and noted how much the city appreciates everything he
has been doing in the community.
•
City Council Minutes
January 17, 2012
Page 3
1\Iaj-or Dietz opened the public hearing. There being no one to speak to this issue, Mayor
• Dietz closed the public hearing.
No other action was required for this item.
7.3 Capital Improvement Plan and Prelu~iinarv approval to the Issuance of Capital
Improvement Bonds
Mr. Simon 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 ADOPT RESOLUTION 12-04 APPROVING
CAPITAL IMPROVEMENT PLAN AND GIVING PRELIMINARY APPROVAL
TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS. MOTION
CARRIED 4-0.
8.1 Authorize Andrew Elmquist to Restore a Retention Pond for his Eagle Scout Project
Ms. Haug presented the staff report.
Mr. Elmquist gave a PowerPoint presentation that outlined how he would accomplish a
retention pond reclamation.
• MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO AUTHORIZE ANDREW ELMQUIST TO
RESTORE THE RETENTION POND AT THE INTERSECTION OF JOPLIN
ROAD AND BUSINESS CENTER DRIVE FOR HIS EAGLE SCOUT PROJECT.
MOTION CARRIED 4-0.
Council asked Mr. Elmquist to report back on his project and noted that he gave a great
presentation.
8.2 Resolution Providing for the Sale of G O Improvement Refunding Bonds, Series 2012B to
Refund Existin G.O. Bonds Series 2007C for Interest Cost Savin s
Mr. Simon presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 12-05
PROVIDING FOR THE SALE OF $1,515,000 GENERAL OBLIGATION
IMPROVEMENT REFUNDING BONDS, SERIES 2012B. MOTION CARRIED
4-0.
8.3 Reduest to Apply for a Grant to Purchase Big Belly Solar Garbage and Rec,~ cling Containers
Ms. Haug presented the staff report.
• Council questioned if there were other opportunities to purchase these containers if the city
doesn't get this grant.
City Council Minutes Page 4
January 17, 2012
Ms. Haug outlined other grant opportunities that may be available. •
Council questioned what the ongoing costs would be to the cit<- after 5 rears.
1\4s. Haug stated there are a lot of different options for financing the containers. She noted
the City of Duluth leases their containers but she foresees Elk Ri~-er purchasing them. She
stated the software costs would be unkno«m due to technology changes.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE CITY APPLYING FOR A
GRANT TO PURCHASE BIG BELLY SOLAR GARBAGE AND RECYCLING
CONTAINERS. MOTION CARRIED 4-0.
8.4 Street Maintenance Division
Mr. Fortner presented the staff report.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE AN INTERIM PAY
ADJUSTMENT FOR THE STREET SUPERINTENDENT ASSIGNMENT.
MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE STREET PROJECTS
SPECIALIST POSITION DESCRIPTION AND MR. HALS FILLING SAID •
POSITION.
Mayor Dietz suggested having a deadline on the streets projects position. Mr. Fortner
suggested amending the motion to state it is valid until Mr. Hals retirement.
The maker and seconder of the motion were amendable changing the motion by
adding that the position was in place until Mr. Hals retired.
MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE AND ELIMINATE THE
ASSISTANT STREET SUPERINTENDENT POSITION. MOTION CARRIED
4-0.
8.5 Appoint Two Councilmembers to the Administrative Hearing Board
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY MAYOR
DIETZ TO RE-APPOINT COUNCILMEMBER GUMPHREY AND MOTIN TO
THE ADMINISTRATIVE HEARING BOARD THROUGH DECEMBER 31, 2012.
MOTION CARRIED 4-0.
8.6 Incorporate Liquor Legislation Changes into City Code
1. Ordinance Amending Various Sections of Chapter 6 Regulating Alcoholic Beverages •
2. Ordinance Amending the 2012 Master Fee Schedule
Ciry Council Minutes Page 5
January 17, 2012
• Ms. Allard presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 12-01 AMENDING
VARIOUS SECTIONS OF CHAPTER 6 REGULATING ALCOHOLIC
BEVERAGES OF THE ELK RIVER, MINNESOTA, CITY CODE. MOTION
CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 12-02
AMENDING THE 2012 MASTER FEE SCHEDULE OF THE ELK RIVER,
MINNESOTA, CITY CODE. MOTION CARRIED 4-0.
8.7 Consider Date/Time for Board of Appeal and Edualization Meeting
Ms. Allard presented the staff report.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO CALL A SPECIAL MEETING OF THE
LOCAL BOARD OF APPEAL AND EQUALIZATION FOR APRIL 30, 2012, AT
6:30 P.M. AT THE SHERBURNE COUNTY GOVERNMENT CENTER.
MOTION CARRIED 4-0.
Announcements
• There were no announcements.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 7:20 p.m.
•
Tina Allard, City Clerk