4.1. DRAFT MINUTES 09-04-2012 DRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, AUGUST 6, 2012
Members Present: Mayor Dietz, Councilmembers Zerwas,Gumphrey, and Motin
Members Absent: Councilmember Westgaard
Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,Elk River
Municipal Utilities Operations Manager Troy Adams,Street Superintendent
Mark Thompson,Accountant Lori Stich,Librarian Mick Stoffers, City
Attorney Peter Beck,Police Chief Brad Rolfe,Police Captain Ron
Nierenhausen,Police Captain Bob Kluntz, 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 Council Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
4. Consent Agenda
Councilmember Motin disclosed that he is a shareholder for the Elk River Country Club but
had no interest or benefit with their special event permit request (Item 4.8).
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING
CONSENT AGENDA:
4.1 JULY 9,2012 WORKSESSION MINUTES.
4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.3 PAVEMENT MANAGEMENT MAPS FOR ANTICIPATED PROJECTS
TO BE COMPLETED IN YEARS 2013,2015,AND 2017 AS OUTLINED
IN THE STAFF REPORT.
4.4 QUOTE FROM MICHELS CORPORATION AND HERBST
EXCAVATING IN THE AMOUNT OF$23,161.75 TO INSTALL A NEW
OVERFLOW PIPE TO CONTROL MAXIMUM ELEVATION OF THE
POND LOCATED JUST SOUTH OF TIME OUT RESTAURANT AND
SPORTS BAR.
4.5 RESOLUTION 12-39 ENTERING INTO AN AGREEMENT WITH THE
STATE OF MINNESOTA, DEPARTMENT OF TRANSPORATION
City Council Minutes Page 2
August 6,2012
4.6 ACCEPTANCE OF THE DISTINGUISED BUDGET PRESENTATION
AWARD FOR THE CURRENT BUDGET FROM THE GOVERNMENT
FINANCE OFFICERS ASSOCIATION.
4.7 HIRE DANIEL BELAIR AS AN ENGINEERING TECHNICIAN II
BEGINNING MONDAY,AUGUST 20,2012 AT PAY GRADE 7, STEP B.
4.8 SPECIAL EVENT PERMIT TO ELK RIVER COUNTRY CLUB/THREE
RIVERS COMMUNITY FOUNDATION FOR FRIDAY, OCTOBER 5,
2012 WITH THE FOLLOWING CONDITIONS:
1. ALCOHOL MUST BE LIMITED TO AN AREA THAT IS FENCED
IN WITH SECURED AND CONTROLLED ACCESS.AGE
VERIFICATION IS REQUIRED AND WRIST BAND CONTROL IS
RECOMMENDED.
2. INSPECTION OF THE OUTSIDE AREA BY THE FIRE
DEPARTMENT MUST TAKE PLACE PRIOR TO THE EVENT.
APPLICANT IS RESPONSIBLE FOR CONTACTING THE FIRE
MARSHAL AT 763.635.1110 TO ARRANGE FOR AN INSPECTION
AFTER THE TENT AND STAGE AREAS HAVE BEEN SET UP.
3. EVENT PARKING MAY NOT OBSTRUCT PUBLIC ROADWAYS OR
RENDER THEM UNSAFE FOR VEHICLE OR PEDESTRIAN
TRAFFIC.
4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
5. ALL TEMPORARY SIGNS SHALL RECEIVE A PERMIT PRIOR TO
DISPLAY.
6. ALL APPLICABLE NOISE ORDINANCES MUST BE FOLLOWED.
7. APPLICANT IS RESPONSIBLE FOR ANY COSTS ASSOCIATED
WITH POLICE PERSONNEL.
MOTION CARRIED 5-0.
5. Open Forum
David and Heather Orton, 19442 Zane Street—Stated they would like the city ordinance
changed to allow chickens in residential areas.
Staff was directed to follow up on the item.
6. Awards/Recognitions
None.
7. Public Hearings
None.
8.1 Resolution Supporting Elk River Municipal Utilities'Electric Service Territory Acquisition
Mr. Adams noted it is the 65th anniversary for Elk River Municipal Utilities.
Mr. Adams presented the staff report.
Mayor Dietz outlined the importance of full Council support for this resolution.
City Council Minutes Page 3
August 6,2012
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-40 OF THE CITY
COUNCIL OF THE CITY OF ELK RIVER SUPPORTING THE EXTENSION
OF THE ELK RIVER MUNICIPAL UTILITIES ELECTRIC SERVICE
TERRITORY WITHIN THE CITY OF ELK RIVER. MOTION CARRIED 5-0.
8.2 Ordinance Amending Ice Arena Commission Membership
Mr. Portner presented Mr. Czech's staff report.
There was discussion of the Skate Club's commitment to providing some funding for an
Arena renovation project.
Councilmember Motin suggested the following language changes:
5. Two representatives from the Public selected by the City Council.
6. One representative designated by the Elk River Skating Club.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 12-13
AMENDING SECTION 2-252(a) OF THE CITY CODE OF ORDINANCES
RELATING TO ICE ARENA COMMISSION MEMBERSHIP WITH THE
CHANGES NOTED ABOVE. MOTION CARRIED 5-0.
8.3 Community Operations and Development Director Position
Mr. Portner presented the staff report. He reviewed the past hiring process for director level
positions and suggested eliminating the board member seat.
There was discussion on the financial impact to the budget,internal candidate preference,
and the educational requirements.
Council consensus was that all candidates would be treated equally and for two candidates to
be brought forth to the City Council.
Council expressed concern with opposite type departments having different needs working
together.
Mr. Portner stated when a deputy position is hired;it will complement the director position.
He further stated the director position is a role that provides leadership and visioning as
opposed to technical skills which will come from management.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE COMMUNITY
OPERATIONS AND DEVELOPMENT DIRECTOR POSITION. MOTION
CARRIED 5-0.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO FORM AN INTERVIEW COMMITTEE
WITH COUNCILMEMBER ZERWAS AS THE COUNCIL REPRESENTATIVE
City Council Minutes Page 4
August 6,2012
AND TO AUTHORIZE ADVERTISING FOR THE POSITION. MOTION
CARRIED 5-0.
8.4 Discuss Work Session Agendas
Mr. Portner presented the staff report.
Council consensus was to accept the agenda topics noted in the staff report.
9. Announcements
There were no Announcements.
Council recessed at 7:10 p.m.
10. Work Session
Council reconvened at 7:17 p.m.
10.1 2013 Budget Discussions
The requested budgets for police,library,and administration were reviewed.
Mayor Dietz stated he would like to see more sports programming.
Council requested to spread the funds out for elections budget so there are not large changes
in the budget every other year.
10.2 Public Presentation Policv
Mr. Portner presented the staff report. He noted the Parks and Recreation Department gets
numerous requests from groups who want to participate or promote themselves at the
downtown concerts. He stated the policy would allow for presentations that are an honor or
benefit to the Elk River community.
Councilmember Motin expressed concerns with First Amendment rights.
Councilmember Westgaard stated this policy would be for city organized events and the city
could have discretion over who speaks at them.
This item is to come back to Council on a future Consent Agenda.
10.3 Advisory Board/Commission Policy Amendment
Mr. Portner noted it can be difficult to interview board/commission members,who are
making a commitment to volunteer for the city,in the public. He wanted to create an
environment that is respectful to volunteers applying for these vacancies.He suggested
slowing the process down and building a Council consensus for an applicant rather than
taking an immediate vote. He noted Council could take the time to discuss why they may
choose one applicant over another.
Ms.Allard presented the staff report.
City Council Minutes Page 5
August 6,2012
There were comments regarding the tally form,determining tie votes,handling candidates
who apply for more than one position.
Councilmember Motin questioned if Council wanted to interview volunteers who are
designated by other groups.
Mr. Portner stated the Council may still want to continue to interview them in order to find
out what their goals are,to understand their viewpoint on different items,and to create
balance across the whole commission.
Councilmember Zerwas stated it would be nice to meet the applicants and put a face to a
name.
Mayor Dietz noted the last interview process for a Parks and Recreation commission
vacancy was awkward and seemed discouraging to applicants. He expressed concerns with
applicants wanting to volunteer in the future. He stated he preferred a different process than
what is currently being followed.
Councilmember Zerwas expressed concerns with doing the tally sheet and not having a
discussion about candidate choices.
No changes were made to the Advisory Board and Commission Policy.
10.4 Discuss Opportunity for Fiber Optic Network Partnership
Mr. Portner stated the Information Technology Division had been working on a plan for
fiber network connectivity within city facilities.He stated a timely opportunity has arisen that
could move this project forward more quickly than expected.
Mr. Pearson reviewed his staff report.
There was discussion on looping,partnerships reliability,and funding.
Council consensus is to move forward with pursuing partnerships for this project.
11. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:50 p.m.
John J.Dietz,Mayor
Tina Allard,City Clerk
DRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER(UPPER TOWN CONFERENCE ROOM)
MONDAY, AUGUST 13, 2012
Members Present: Mayor Dietz, Councilmembers Gumphrey,Motin,Westgaard, and
Zerwas
Members Absent: None
Staff Present: City Administrator Cal Portner,Finance Director Tim Simon, City Clerk
Tina Allard,Street Superintendent Mark Thompson, Street Projects
Specialist Phil Hals, City Engineer Justin Femrite,Police Chief Brad Rolfe,
Planning Manager Jeremy Barnhart,Fire Chief T.John Cunningham,
Environmental Administrator Rebecca Haug,Ice Arena Supervisor Rich
Czech,Parks and Recreation Director Michael Hecker,Accountant Lori
Stich,Recording Secretary Debbie Huebner
Also Present: Tom Betti,292 Design Group
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 Council Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA WITH THE
FOLLOWING CHANGES:
• CONSIDER ITEM 6.2 AFTER ITEM 5.
• REMOVE 4.2 FROM THE CONSENT AGENDA
MOTION CARRIED 5-0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING
CONSENT AGENDA:
4.1. JULY 16,2012 MINUTES
MOTION CARRIED 5-0.
City Council Minutes Page 2
August 13,2012
5. Open Forum
Murlyne Beck, 114 Evans Avenue,spoke to the Council regarding the letter she received
from the city's code enforcement officer. The letter stated she had 10 days to remove a
fence around her twin home.Mrs.Beck explained that her husband was in poor health and
they were not able to remove the fence in such a short time period. She stated that they had
the fence put up for their dog. She explained that they checked with a supervisor at the city
and was told it was ok to put up the fence. The letter stated that the fence could not be over
21/2 feet high above the level of the sidewalk within 10 feet of the front property line,and
could not be placed on the lot line. She stated the fence was to keep their dog on the
property and a 2 1/2 ft.high fence would not make any sense. Mrs.Beck stated the neighbors
thought the fence was on their property, so the Becks had the property surveyed. The
survey showed that the Becks owned 2 more feet in the front and 4 feet more in the back
than previously thought. She did not feel the fence caused any visual impact,and noted that
the fence was installed before there was curbing. She spoke with city staff and told them she
wanted this issue placed on the agenda and was told they would object to placing it on the
agenda. She stated she needed more time to investigate the issue. She explained that the
situation has escalated with the neighbors and they have torn out her survey stakes.
Mayor Dietz asked if the situation started because the neighbor complained about the Beck's
fence. Mrs.Beck stated yes. She stated that the neighbor objects to them taking back the
land that belongs to the Becks according to the survey. She stated that the neighbors
threatened to call the city about the fence if the Becks did not give them the additional
property. She explained that taking back the land will cause the neighbor's lot line to be
crooked.
Mayor Dietz stated that staff will investigate the issue. Mrs.Beck stated she would like to
have the city code reviewed(Sec 37-96A). Mayor Dietz explained that staff will do some
research and asked if Mrs.Beck could come back to the next City Council meeting. She
stated yes.
Mayor Dietz asked if the time line for removal of the fence could be extended an additional
30 days. Mr.Barnhart stated yes. Mayor Dietz asked if staff would be able to have
information for the Council next Monday night. Mr.Barnhart stated yes.
Bruce West, 13181 Island View Drive,asked if the existing public works building would be
painted to match the new building.
Street Superintendent Mark Thompson stated that when the new building is complete and
the landscaping is installed,they will determine the visual effect of the two buildings
together. Councilmember Motin stated that it was his understanding that the architectural
plans tie the two buildings together. Mr.Thompson stated yes,the new building matches
the color scheme.
5.2 Residential Garbage and Recycling Contract Renewal
Councilmember Motin asked why recycling is every other week,since they will be switching
to single source recycling. Ms.Haug stated that the contractors asked for every other week
pickup,since the customers are not filling their containers every week.
Ms. Haug explained changes in the contract,including:
— Changing from a 5-year contract to a 10-year contract
City Council Minutes Page 3
August 13,2012
— Dual stream recycling to single stream recycling
— Garbage collection rate increases of 3%on the even-numbered years starting in
2014
— Maintain recycling rates for 5 years
— $0.25 increase in recycling in years 2018—2022
MOTION BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGREEMENT FOR
GARBAGE, REFUSE AND RECYCLING COLLECTION JANUARY 1,2013
THROUGH DECEMBER 31,2022,WITH ALLIED WASTE AND RANDY'S
ENVIRONMENTAL SERVICES, INC. MOTION CARRIED 5-0.
6.2 Private Utility Service Connection Options
Justin Femrite stated there are three properties remaining to make repairs to their sewer
service lines,utilizing the option to have the cost assessed against their property.
Mr. Femrite explained there are 90 properties with sewer and water available but not
connected,and 105 properties that are connected to either water or sewer,but not both. He
stated that these 195 properties are in violation of the city's existing ordinances,which
requires hookup within two years of availability.
Mr. Femrite discussed the five options for the Council to consider,as detailed in his memo.
Councilmember Gumphrey stated the minimum would be to require connection to city
services at the point of sale of a property. Councilmember Motin suggested the following: 1)
Notify the property owner of the requirement,giving them the ability to finance through the
special assessment process;2) city completes the work and charges the fees to the property
owner-if they don't pay,assess the cost; 3) Require connection at the point of sale or transfer
of the property;this option could allow or not allow assessment of costs.
Mayor Dietz stated he felt the best option was #4. He felt the responsibility was partly the
city's,by not following up with these properties when the two-year period expired. He
stated that properties could have changed hands many times since then. He stated they
should have had a system in place to catch those properties at the proper time. He stated
that if they are notified now,they will be aware that they will need to hook up at the time the
property sells or changes hands. He stated that property owners would not feel it was fair to
have to pay a user fee when they were not hooked up. Councilmember Dietz asked if the
cost to hook up to city services was around$15,000. Mr. Femrite stated that was a
reasonable estimate.
Councilmember Westgaard asked if Option#4 would allow a homeowner to replace a septic
system or well if it failed. Mr. Femrite stated no, staff would propose an ordinance
amendment that would require the property owner to hook up to both services at that time.
Staff still needs to discuss how to put checks and balances in place to catch those properties
that need to be hooked up. He stated that the list of properties will be checked and verified
whether or not they have sewer or water.
Councilmember Westgaard stated that connections charges are a huge financial hardship.
He stated he would be in favor of Option#4,adding language that a property owner with a
failing system that must connect to city services. Mr.Femrite asked if Councilmember
Westgaard would like to see an assessment program to go along with Option#4.
City Council Minutes Page 4
August 13,2012
Councilmember Westgaard stated that if a private system fails,and city sewer and water is
available,they would have to connect to public system at that time. Mr. Femrite asked if the
property owners should be charged WAC and SAC fees now,and costs over$15,000 could
be city-financed through an assessment process. Councilmember Westgaard stated he was
not in favor of assessing sewer and water costs to a property if they don't have the benefit.
Councilmember Motin asked what the cost is to replace a septic system. Mr. Femrite stated
that the cost can be anywhere from$6,000 to $20,000,depending upon the type of system
required. Councilmember Motin had concerns that property owners would wait to hook up
until the property is sold. He felt that property owners should be encouraged to hook up
now by giving them the option of having the costs assessed, and if they opted to wait,they
would have to finance themselves. He stated an end date should be established for allowing
costs to be assessed.
Councilmember Westgaard suggested an end date of December 31,2015,to have the costs
assessed over a 10-year period upon failure of a system,or the sale/transfer of the property,
whichever comes first.
City Attorney Peter Beck discussed possible options with the Council. Mayor Dietz asked
that Mr. Femrite work with the city attorney on a draft ordinance for review at a future
meeting.
6.1 Council Visioning and Goal Setting
Jeremy Barnhart reviewed the four goals adopted by the Council in 2010. He asked the
Council if they would like to include additional goals in the 2013-2014 Vision and Goals. He
suggested replacing the Innovation goal with Strategic Planning. Discussion followed
regarding how to provide benefit to the residents,as well as the need to keep in step with
their changing needs. The Council members were in agreement that the original goals are
still valid and supported staffs recommendation to add Strategic Planning. Mr.Barnhart
stated that he will go through the existing vision and goals,identifying what has been done
and what is left to do. Council member Motin suggested soliciting ideas from city
employees. Mr.Barnhart noted that staff will develop tasks and action steps to be approved
by the Council in the coming months.
6.4 Ordinance Regulating the Use of Coal-Tar Based Products
Rebecca Haug presented the staff report. She reviewed new information since the July 9
City Council work session. Ms.Haug reviewed the two draft options. Staff recommended
approval of the version without the licensing requirement. She explained that licensing for
such practices has proven to be more costly and time-consuming than providing information
to residents and businesses. Ms.Haug noted that contractors have asked that the new
ordinance become effective January 1,2013,to allow them to complete their 2012 contracts.
MOTION BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE ORDINANCE 12-14,AN
ORDINANCE ADDING ARTICLE XII TO CHAPTER 30 OF THE CITY OF
ELK RIVER CODE OF ORDINANCES, REGULATING THE USE OF COAL
TAR-BASED SEALER PRODUCTS WITHIN THE CITY.MOTION CARRIED
5-0.
City Council Minutes Page 5
August 13,2012
6.3 Ice Arena Renovation Options
Ice Arena Manager Rich Czech introduced Tom Betti of 292 Design Group. Mr.Betti
reviewed four options for renovation of the existing ice arena for the Council to consider,as
follows:
Option 1: Cost is approximately$4.2 million. Reflects current CIP—If roof leaks and
dehumidification in Barn Rink are not addressed,life expectancy is projected for 9-12 years.
Option 2: Cost is approximately$4.9 million (Initially$1.2 million;additional$3.7 million in
10 years to replace refrigeration system). Maintain essential systems;would buy time before
major improvements must be made. Short term fix;does not address immediate or future
needs.
Option 3: Cost is approximately$6.9 million.Addresses repairs for long-term operations;
foundation for future needs. Includes new roof,dehumidification;expansion of locker
rooms in barn rink;enhanced lobby,replaces refrigeration in Olympic rink,which would
accommodate barn rink in future to significantly improve arena's efficiency.
Option 4: Cost is approximately$9.3 million. Replaces barn structure;adds new locker
rooms; expands lobby to accommodate both rinks;team lockers replaced with larger
updated rooms with improved air quality;new upper level lobby with concessions, storage,
restrooms and meeting rooms;replacement and centralization of both ice plants and HVAC
systems with state-of-the art equipment(address dehumidification).
Discussion followed regarding:
• History of original barn rink and the Olympic rink
• What the city's role/responsibility is in financing the renovations
• Costs of renovations
• Commitment/responsibility of users (i.e. School District,skate groups,Youth
Hockey)
• Additional operating costs with the proposed renovations
• Number of hours of ice time for city programming,and hours billable to other
groups
• Advantages of multi-use facility to generate income (field house,community rooms,
meeting space for private and public organizations)
• Possible financing scenario
• Other possible sources of income generation (gate fees,concessions)
• Option of tearing down barn rink,leaving the Olympic rink
• Usage by the school district and their lack of interest in financial participation
Mr. Czech stated that currently,enough revenue is generated to cover operating costs.
Discussion followed regarding the need for a meeting with all stakeholders (users). Mayor
Dietz asked that staff provide more information regarding costs,possible income generating
options,and other costs associated with a renovation project(increased staff and utility
costs).
City Council Minutes Page 6
August 13,2012
6.5 Budget
The following division managers provided an overview of their department budgets: Streets,
Planning,Building Safety and Ice Arena.
6.6 Council Open Forum
a) Councilmember Gumphrey stated that the city should be required to replace the trees
that were removed in Nature's Edge Business Center, since developers are required to
do so. Mr. Portner stated that the trees were removed at part of the site preparations to
sell the lots. Councilmember Motin stated that the city should wait to see what is going
on the lots before planting any trees.
b) Councilmember Motin stated that he is concerned about taking action at work sessions.
He stated that items requiring action should be televised.
c) Mr. Portner provided an update on the fiber optic discussions. He will provide an
update at the next City Council meeting.
7. Announcements
There were no announcements.
8. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 10:15 p.m.
Minutes prepared by Debbie Huebner.
John J.Dietz,Mayor
Tina Allard,City Clerk
DRAFT
SPECIAL MEETING OF THE ELK RIVER CANVASSING BOARD
HELD AT THE ELK RIVER CITY HALL
FRIDAY, AUGUST 17, 2012
Members Present: Mayor Dietz, Councilmembers Gumphrey and Zerwas
Members Absent: Councilmembers Motin and Westgaard
Staff Present: Citv Clerk Tina Allard
1. Call Meeting To Order
Pursuant to due call and notice thereof,the meeting of the Elk River City Council acting as
the Canvassing Board was called to order at 8:05 a.m. by Mayor Dietz.
2. Canvass Results of Primary Election
The August 14,2012,primary election results for the Councilmember Ward 3 race were
reviewed.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 12-41 APPROVING
THE ABSTRACT OF VOTES CAST IN THE PRECINCTS IN THE CITY OF
ELK RIVER, STATE OF MINNESOTA AT THE PRIMARY ELECTION HELD
TUESDAY,AUGUST 14, 2012. MOTION CARRIED 3-0.
3. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:07 a.m.
John J. Dietz
Mayor
Tina Allard
City Clerk
DRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, AUGUST 20, 2012
Members Present: Mayor Dietz, Councilmembers Zerwas,Motin,Westgaard, and Gumphrey
Members Absent: None
Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,
Accountant Lori Stich,Planning Manager Jeremy Barnhart,Fire Chief T.
John Cunningham,Environmental Administrator Rebecca Haug,
Environmental Assistant Rachel King,Building Official Bob Ruprecht,
Parks and Recreation Director Michael Hecker,Parks Maintenance
Supervisor Rodney Schreifels, Golf Course Superintendent Paul Anderson,
Police Captain Ron Nierenhausen, Street Superintendent Mark Thompson,
Chief Operator Gary Leirmoe, City Attorney Peter Beck,and Recording
Secretary Jennifer Johnson
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 08/20/2012 Agenda
Councilmember Motin noted the updated agenda,adding item 8.6.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA WITH THE
ADDITION OF ITEM 8.6. MOTION CARRIED 5-0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING
CONSENT AGENDA:
4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.2 PAY ESTIMATE AS OUTLINED IN THE STAFF REPORT.
4.3 SPECIAL EVENT—ELK RIVER YOUTH VOLLEYBALL 5K
WALK/RUN WITH THE FOLLOWING CONDITIONS:
1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN-UP.
2. NO PAINT ALLOWED ANYWHERE ON TRAILS. CHALK OR
CONES MAY BE USED.
3. APPLICANT MUST CONTACT POLICE CAPTAIN RON
NIERENHAUSEN (763.635.1202)AT LEAST THREE WEEKS PRIOR TO
EVENT TO ARRANGE FOR POLICE RESERVES.
City Council Minutes Page 2
August 20,2012
4.4 RESOLUTION 12-42 ACKNOWLEDGING CONTRIBUTIONS TO THE
POLICE DEPARTMENT AS OUTLINED IN THE STAFF REPORT.
4.5 SPECIAL EVENT PERMIT AND TEMPORARY ON-SALE LIQUOR
LICENSE WITH THE FOLLOWING CONDITIONS:
1. THE LIQUOR LICENSE IS NOT VALID UNTIL APPROVED BY
THE COMMISSIONER OF PUBLIC SAFETY.
2. ALCOHOL MUST BE LIMITED TO AN AREA THAT IS FENCED
IN WITH SECURED AND CONTROLLED ACCESS AND BE
COMPACT AND CONTIGUOUS TO THE ESTABLISHMENT.AGE
VERIFICATION IS REQUIRED AND WRIST BAND CONTROL IS
RECOMMENDED.
3. NEIGHBORING PROPERTY OWNERS MUST BE NOTIFIED OF
THE EVENT.
4. PERMISSION TO USE PRIVATE PROPERTY FOR PARKING MUST
BE OBTAINED PRIOR TO THE EVENT.
5. ALL APPLICABLE NOISE ORDINANCES MUST BE FOLLOWED.
6. IF TENTS ARE TO BE USED THEY MUST BE INSPECTED BY
THE FIRE MARSHAL PRIOR TO THE EVENT.APPLICANT MUST
CONTACT THE FIRE MARSHAL AT 763.635.1110 TO SCHEDULE
AN INSPECTION.
4.6 PYROTECHNIC FIREWORKS DISPLAY—RES SPECIALTY
PYROTECHNICS, INC.,WITH THE FOLLOWING CONDITIONS:
1. RES SPECIALTY PYROTECHNICS, INC. SHALL ARRANGE FOR
SITE INSPECTIONS BY THE FIRE DEPARTMENT THE DAYS OF
THE PYROTECHNIC DISPLAYS.APPLICANT SHALL CONTACT
THE FIRE MARSHAL AT 763.635.1110 TO SCHEDULE
INSPECTIONS.
2. ADDITIONAL DISPLAY DATES FOR 2012 CAN BE ADDED AS
AUTHORIZED BY THE FIRE CHIEF.APPLICANT WILL BE
REQUIRED TO SUBMIT AN APPLICATION FOR ANY
ADDITIONAL DATES.
4.7 OAK KNOLL ATHLETIC COMPLEX IRRIGATION AS OUTLINED IN
THE STAFF REPORT.
4.8 GRASS TRUCK REPLACEMENT AS OUTLINED IN THE STAFF
REPORT.
MOTION CARRIED 5-0.
5. Open Forum
James M.Neilson, attorney representing property owner Martin and Karen Moritz,
20376 Twin Lakes Road,requested the Council consider amending Section 30-796 of the
city code regarding placement of a fence on property zoned Al and Section 30-1007
regarding use of a barbed wire fence as a boundary fence. He requested that by making the
following edits to the section that it would bring them in line with state law Chapter 344—
Partition Fences:
30-796, (d)(2)c: delete but iief as bettfidaty fefices. This would allow a property
owner to use a barbed wire fence as a boundary fence on property zoned Al.
30-1007: delete footnote:
City Council Minutes Page 3
August 20,2012
Mr.Neilson presented the Council with survey maps and property information for Mr.
Moritz's properties. Staff will review and return to Council with its background and
recommendations.
6.1 City of Elk River Volunteer of the Month-Mayor Dietz
Mayor Dietz introduced,read,and presented a plaque to the August Volunteer of the Month
Peter Leinonen.A list of some of Mr.Leinonen's volunteer actions include:
• Faith in Action Board Member for the past 9 years
• Volunteer at Faith in Action's store,The Great Room
• Volunteering on various committees at his church for the past 20 years
6.2 Proclamation Designating the Week of August 19,2012,as Yellow Ribbon Community
Week
Mayor Dietz read the proclamation designating the week of August 19,2012,as Yellow
Ribbon Community Week.
Mayor Dietz reminded everyone about the ceremony at the River's Edge Park on Thursday,
August 23 at 6:15 p.m.,where Governor Mark Dayton would be officially proclaiming Elk
River as a Yellow Ribbon Community.
7.1 Resolution of Denial for Patrick Kasper Lot Split, Case No.LS 12-01
Mr.Barnhart presented the staff report.
Mayor Dietz opened the case for public comment.There being no one to speak,he closed
the public comment section.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-43 DENYING THE
REQUEST BY PATRICK KASPER FOR A LOT SPLIT CASE NO. LS 12-01 AS
OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0.
8.1 Background Information for Residential Fencing at 114 Evans Avenue from Open Forum
Mr.Barnhart presented the staff report. He outlined to two issues facing the property at 114
Evans Avenue,which was brought before Council at Open Forum on August 13,2012.He
outlined the options available to the Becks,but noted that the fence would need to be
removed from the right-of-way.
The property owner,Murlyne Beck,informed the Council that the situation between her and
her husband and the neighbors was escalating and feared more retaliation.
Council requested Mr.Barnhart visit the Beck property and explain to them their options in
person.Mr.Barnhart stated he would do so.
City Council Minutes Page 4
August 20,2012
8.2 Orono Median Plan
Mr.Barnhart presented the staff report. He stated staff is recommending Option 2 as
outlined in the staff report,as it would best address the goal of beautification as well as cover
the concerns of visibility,cost,and maintenance.
Mr.Motin asked if they chose Option 2,would they be limiting themselves should the city
choose to add additional landscaping in the future.
Mr.Barnhart stated they could always add additional landscaping items, such as trees,mulch,
and rock,at a future time.
Councilmember Westgaard questioned if the beautification goal would indeed be achieved
with choosing Option 2,noting the city only has very few areas in which to increase
beautification. He felt by leaving the prairie grass and adding very little to the parkway was a
very minimal step towards achieving this goal.
Mr.Barnhart stated he was trying to balance the challenge of a minimal budget while
working towards the goal of beautification and was limited with the use prairie grasses.
Councilmember Gumphrey felt at this time that Option 2 was the best for now but would
like to see future budgeting for additional landscaping to the Orono Parkway medians.
Mayor Dietz felt the original goal was to entirely remove the prairie grass from Orono
Parkway. He stated he is not in favor of any kind of irrigation. He felt community volunteers
could water the trees until they become established,and send out a parks employee once a
month to spray the area for weeds.He asked what the cost would be for trees and rock
mulch,and entirely eliminating the prairie grass.
Mr.Barnhart stated he would provide Council at a future meeting the costs of removing the
prairie grass,and installing trees and rock mulch.He was concerned,however,with the
prairie grasses continuing to grow underneath the rock mulch.
Mayor Dietz asked why they couldn't use a landscape fabric underneath the rock mulch to
prevent the prairie grasses from growing.
Mr.Barnhart had concerns with using landscape fabric,noting that some landscaping
companies don't often use the fabric as dirt accumulates on top of the fabric,allowing weeds
to grow. He stated a good maintenance program would have to be put in place to allow for
regular weed spraying.
Mayor Dietz directed staff to come back with cost estimates for rock mulch and trees from
curb to curb.
Mr. Simon stated the funding could come from either Council Contingency or the Street
Improvement Reserve fund.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO AUTHORIZE STAFF TO REQUEST
QUOTES TO IMPROVE ORONO PARKWAY CONSISTENT WITH OPTION 2
AS OUTLINED IN THE STAFF REPORT.MOTION CARRIED 5-0.
City Council Minutes Page 5
August 20,2012
Councilmember Gumphrey stated he would like to see the funds come mainly from the
Street Improvement Reserve fund.
Mr.Barnhart will put together costs for rock on Orono Parkway and will present to the
Council when they review the bids for Option 2.
8.3 Main Street and Highway 169 Intersection Landscaping Improvements
Mr.Barnhart presented the staff report. He reviewed a number of details concerning the
proposed improvements at Main Street and Highway 169,which requires a Limited Use
Permit by MnDOT be signed by the city.Also,irrigation agreements would need to be
signed by adjacent property owners (Walgreens,Wash N Fill,and SuperAmerica),which
outlines the responsibilities between them and the city.Mr.Barnhart also reviewed
maintenance costs by the Parks Department.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-44 ADOPTING
THE LIMITED USE PERMIT WITH MNDOT AS OUTLINED IN THE STAFF
REPORT. MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER ZERWAS TO AUTHORIZE STAFF TO SIGN
AGREEMENTS WITH ADJACENT PROPERTY OWNERS FOR THEM TO
USE THEIR WATER FOR IRRIGATION PURPOSES AS OUTLINED IN THE
STAFF REPORT. MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO AUTHORIZE STAFF TO ADVERTISE
FOR BIDS TO COMPLETE LANDSCAPING WORK AS PROPOSED IN THE
STAFF REPORT. MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO AUTHORIZE STAFF TO HIRE
IRRIGATION CONTRACTOR AT A COST NOT TO EXCEED $10,700 AS
OUTLINED IN THE STAFF REPORT.MOTION CARRIED 5-0.
8.4 Main Street and Highway 169 Entrance Signage
Mr.Barnhart presented the staff report.
Councilmember Motin didn't feel the sign should be placed in the location suggested,noting
that it's quite a ways into the city limits before the sign announces that you're in Elk River,
similar to the entrance sign on Highway 10 near Lake Orono. He also stated he didn't like
the looks of the sign as proposed.
Councilmember Zerwas felt the sign looked like Scrabble letters or Stonehenge. He agreed
with Councilmember Modn's comments.The intersection improvement makes sense and he
liked the idea of placing another monument sign at another entrance of the city,but would
prefer that it also look like something similar to the Lake Orono monument. He was not in
favor,however,of the proposed location of the sign.
City Council Minutes Page 6
August 20,2012
Mayor Dietz noted that location of the sign is fairly close to the entrance of the city. He
would like an entrance sign placed in the proposed location but would prefer it look similar
to the Lake Orono monument.
Councilmember Gumphrey stated he would like a sign at the proposed location but would
like to see more options before making a final decision.
Council directed staff to come back to council with more signage options.
8.5 Resolution Supporting State Enforcement of MS X473.848 (Restrictions on Disposal of
Metro Mixed Municipal Solid Waste)
Ms. Haug presented the staff report. She stated in 1985,the State of Minnesota passed
legislation allowing enforcement of placing restrictions on the disposal of unprocessed
mixed municipal solid waste generated in the metropolitan areas,but the MPCA was not
enforcing the rule.They are asking for cities to comment and show support of prompt
enforcement of this law.MPCA has been working with metro communities to revise and
update their county's solid waste plans that are currently in place,allowing them to direct the
waste to an RDF plants rather than a landfill.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 12-45 SUPPORTING
STATE ENFORCEMENT OF§473.848 BY THE MINNESOTA POLLUTION
CONTROL AGENCY RESTRICTING DISPOSAL OF UNPROCESSED MIXED
MUNICIPAL SOLID WASTE GENERATED IN THE METROPOLITAN AREA
FROM BEING LANDFILLED. MOTION CARRIED 5-0.
8.6 Public Presentation Policv
Mr. Portner presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE PUBLIC
PRESENTATION POLICY AS OUTLINED IN THE STAFF REPORT.
MOTION CARRIED 5-0.
9. Announcements
There were no announcements.
The Council recessed at 7:45 p.m. and reconvened in worksession at 7:53 p.m.
10.1 Budget Worksession
The Equipment Replacement Fund budget was reviewed by Mr. Simon and various staff.
Staff from the Community Development Department and Fire Department reviewed their
requested budget and goals.
Mr. Simon reviewed the Revenues and Expenditure summaries.
Mr. Portner asked council about the maximum levy for approval on September 4,2012.
City Council Minutes Page 7
August 20,2012
Council consensus was to bring the maximum levy at the same total as last year.
Mr. Portner informed the Council that a request for bids was issued for the Backbone Fiber
Optic Ring.More information will be available at the September 4,2012,Council meeting.
11. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 9:37 p.m.
Minutes prepared by Jennifer Johnson.
John J.Dietz,Mayor
Tina Allard,City Clerk