4.1. DRAFT MINUTES 05-20-2013 MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MAY 6, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt,Westgaard, and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,
Community Operations and Development Director Suzanne Fischer,
Community Operations and Development Deputy Director Jeremy
Barnhart,Environmental Administrator Rebecca Haug,Assistant
Economic Development Director Clay Wilfahrt,Economic Development
Director Brian Beeman, City Attorney Peter Beck, and City Clerk Tina
Allard
1. Call Meeting To Order le x
Pursuant to due call and notice thereof,the meeting of the Elk River City Council was called
to order at 6:45 p.m. by Mayor Dietz. 4r\
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
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING
CONSENT AGENDA:
4.1 MINUTES
• APRIL 8,2013 WORKSESSION
• APRIL 15,2013 REGULAR
• APRIL 15,2013 CLOSED
• APRIL 29,2013 BOARD OF APPEAL AND EQUALIZATION
4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.3 ORDINANCE 13-10 OF THE CITY OF ELK RIVER AMENDING
SECTION 2-52, REGULAR MEETINGS, OF THE ELK RIVER,
MINNESOTA, CITY CODE.
RESOLUTION 13-24 OF THE CITY OF ELK RIVER AMENDING AND
AFFIRMING THE TIME FOR CITY COUNCIL MEETINGS.
4.4 MASSAGE ESTABLISHMENT LICENSE FOR ANNA MARIE'S SALON,
LLC D.B.A MICHAEL STEVENS SALON AND SPA, 19262 FREEPORT
STREET NW,VALID UNTIL DECEMBER 31,2013.
City Council Minutes Page 2
May 6,2013
MASSAGE THERAPIST LICENSES TO ANGELA PASBRIG AND SEAN
BEGIN TO WORK AT MICHAEL STEVENS SALON AND SPA,VALID
UNTIL DECEMBER 31,2013.
4.5 RESOLUTION 13-25 ACKNOWLEDGING ACOUSTIC PANELS
DONATION FOR CITY-OWNED YMCA FACILITY.
4.6 PROCLAMATION RECOGNIZING THE MERITS OF BUDDY
POPPIES.
4.7 RESOLUTION 13-26 AUTHORIZING A TRANSFER FROM THE
GENERAL FUND TO THE CAPITAL OUTLAY RESERVE FUND.
4.8 2013 EQUIPMENT PURCHASES AS OUTLINED IN THE STAFF
REPORT.
4.9 BILLBOARD CONTRACT WITH LAMAR COMPANIES.
MOTION CARRIED 5-0.
5. Open Forum
Brent Cotton, 19640 Proctor Road-Asked the Council to review the pool ordinance and
suggested looking at the City of Rogers for an example.He explained the pool technology he
currently is utilizing and the need for the ordinance amendment.
Mayor Dietz directed staff to review the matter and bring it back to Council for further
consideration on June 3.
Mark Leadens,22735 147 Street- (Owner of Nature's Dry Cleaners) Stated he doesn't
understand how Elk River calculates Sewer and Water Access Charges (SAC and WAC) and
would like an explanation for how these fees are set. He stated he is being required to pay
$133,000,which makes it difficult for a small business to get started in Elk River.He
compared fees with other communities in the Met Council and noted Elk River is not a Met
Council city but the fees are higher.
Mr.Leadens further stated the Elk River Municipal Utilities (ERMU)installed utilities on his
property without his authorization. He stated he has a Torrens property and there is no
easement that allows ERMU the right to put these utilities on this property.
Mr.Barnhart reiterated the question regarding how the city calculates the number of SAC
units. He stated the City Council adopted an ordinance that created a system (ratio) for
calculating units. He stated the city follows the system created by the Met Council for the
per unit calculation. He stated the City Council reviews the SAC rate each year and that the
rate is based on demand and growth projections and the need to upgrade the wastewater
treatment system. He stated the fee is based on a calculation that is reviewed periodically.
Mayor Dietz asked Mr.Leadens if he had discussions with staff regarding the calculation.
Mr.Leadens replied yes and that the Met Council charges $2,435 per unit. He questioned
why Elk River charges $4,370 per SAC unit.He further questioned why the city charges
$3,100 per WAC unit when the Met Council doesn't charge any fee. He stated he has 15
WAC units.
City Council Minutes Page 3
May 6,2013
Councilmember Westgaard stated the Council needs more background information in order
to complete a review and response to these issues and he suggested a discussion at a
worksession meeting.
Mr.Barnhart clarified that there are three issues to review.
1. The easement,which needs to be addressed between Elk River Municipal Utilities
and the property owner.
2. A comparison of the rates. He stated the city did complete a rate study in
approximately 2006 but the challenge with these studies is that each city's
wastewater infrastructure systems are different and have different cost amounts;
therefore it can be difficult to compare rates.
3. The ratios can be compared. He stated there may be an opportunity to look at the
ratio. He stated the city could look at the national model to see if there has been a
change in the turns per day ratio.
Attorney Beck stated he has looked at the easement issue,and preliminarily Mr.Leadens may
be correct.
Councilmember Motin stated this issue can't be addressed during the open forum because
Council needs more information in order to make a decision. He further noted that the Met
Council may not charge for water because they may not regulate water.
Council consensus was to do a history of the SAC/WAC charges over the last 10-15 years
along with a comparison of some neighboring cities.
Attorney Beck explained that the Met Council does not provide water and therefore does
not charge WAC fees.He further stated fees are based on usage.He stated the rates are
based on the volume of the use.
Mr.Leadens questioned the up-front fees.
It was noted these fees are used to pay for the infrastructure of the systems,such as for
trunk mains and water towers.
Mr. Portner stated staff will bring this discussion back to the next worksession. He stated
background information will be brought forward for both the SAC and WAC fees
Walter Cleath, 17241 Yale Street-Asked about Item 8.2 and its removal from the agenda.
Mr.Barnhart stated the request was redrawn by the neighbor who requested the lot split.
6. Awards/Recognitions/Presentations
There were no awards/recognitions/presentations.
7.1 Forgivable Loan Applications
Mr.Wilfahrt presented the staff report for all three items.
City Council Minutes Page 4
May 6,2013
A. Preferred Powder Coating
Mayor Dietz opened the public hearing for all three of these items. There being no one
to speak to these items,Mayor Dietz closed the public hearing.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE FORGIVABLE LOAN
FOR PREFERRED POWDER COATING'S CONSTRUCTION PROJECT.
MOTION CARRIED 5-0.
B. Alliance Machine
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER BURANDT TO APPROVE THE FORGIVABLE LOAN
FOR ALLIANCE MACHINE'S CONSTRUCTION PROJECT. MOTION
CARRIED 5-0.
C. Orluck Industries
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE FORGIVABLE LOAN
FOR ORLUCK INDUSTRIES' CONSTRUCTION PROJECT. MOTION
CARRIED 5-0.
8.1 Hire Consultant to Complete 2013 Comprehensive Plan Update
Mr. Barnhart presented the staff report.
Councilmember Motin expressed the following:
1. Will the plan start from the beginning or from the last Comprehensive Plan update?
2. How much with the full City Council get to review the progress of the plan?
3. Will a new housing study be completed and what will the relationship be to the
visions/goals?
Mr. Barnhart stated the current Comprehensive Plan update will start from the 2004 plan.
He stated WSB is reviewing the vision/goals and that there will be a review section by
section once the foundation is laid. The proposal includes two reviews to the Planning
Commission and two to the City Council and that the existing housing study will be utilized.
Council consensus was there should be more check-in with the Council in regard to the
progress of the Citizen Action Committee. Mayor Dietz suggested a monthly update.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO HIRE WSB AND ASSOCIATES TO
COMPLETE THE 2013 COMPREHENSIVE PLAN UPDATE. MOTION
CARRIED 5-0.
Council consensus was to appoint Councilmembers Burandt and Motin to serve on the
Citizen Advisory Committee.
City Council Minutes Page 5
May 6,2013
8.2 Authorization to Initiate Rezoning for Yale Street Area
This item was removed from the agenda.
8.3 Elk River Landfill Compliance Boundary and MPCA Permit
Ms. Haug presented the staff report for this item.
Mayor Dietz questioned if the 1992 Agreement allows the Elk River Landfill to utilize the
city trail property for the compliance boundary.
Attorney Beck stated the agreement doesn't grant an easement for the compliance boundary.
He further stated it only grants a license for the landfill to come onto city property in order
to move equipment and put in monitoring wells.
Councilmember Westgaard stated he would consider a Council-signed letter to the MPCA
expressing their concerns and he might be able to attend the hearing if knows the schedule.
He further suggested to continue monitoring what is going on with the waste.
Council consensus was to send a letter to the MPCA expressing the city's concerns
Mayor Dietz suggested contacting area citizens to inform them of the situation and to give
them an opportunity to speak at the MPCA hearing.
Councilmember Motin questioned if there would be a responsibility to the landfill to restore
the area depending on the type of remediation work needed.
Ms. Haug stated this is a staff concern and that it may be a situation where the trail can't be
restored and would be inaccessible.She stated there are other concerns regarding prolonged
contamination.
8.4 Discuss Worksession Agendas
Mr. Portner presented the staff report. He noted quiet zones would be moved to the May
20 meeting but the SAC/WAC discussion would be added to the May 13 worksession.
9. Announcements
There were no announcements.
The Council recessed at 7:43 p.m.in order to go into worksession.
The Council reconvened at 7:53 p.m.
10.1 Casey s Concept Review
Mr.Barnhart presented the staff report. He reviewed the access points and the shared access
with Crossing Church.
Mayor Dietz questioned police concerns with this location.
City Council Minutes Page 6
May 6,2013
Mr.Barnhart stated the Chief had concerns with the safety of kids crossing School Street to
access the store.
Councilmember Westgaard stated he is not sure he likes the idea of this corner being the
location for a gas station. He reviewed the past ownership history of the property and stated
he would like to hold out to see if they can get business at this location that falls under the
current zoning for the property.
Councilmember Motin concurred and further expressed concern with kids crossing the
street at all hours of the day.He also noted there could be higher safety risks with peak time
hours and school bus traffic.
Councilmember Wilson agreed.
Brian DuPrers,applicant-Stated his company has been looking for sites in Elk River but is
having trouble fording a location due to things such as access issues with the county roads.
He further thanked Council for their consideration.
Mayor Dietz concurred with rest of the Council. He further stated he appreciates the Casey
stores and would like to see them in Elk River but is hesitant with this location.
10.2 Council Liaison Role
Mr. Portner presented the staff report. He noted the policy allows for participation and open
discussion but doesn't allow advocacy for personal opinions. He stated the Council could set
term limits stating they can't serve more than two consecutive years with a specific
commission. He stated the advantage to this would be when new Councilmembers begin
their terms,they get a chance to be considered for the various commissions but the con may
be that a Councilmember may not care about the particular commission they are serving on.
Councilmember Motin stated he is still not comfortable with allowing input by a
Councilmember. He stated if they are stating a position,they are advocating,but sharing a
personal opinion. He stated it is not intended that a liaison become an expert in the
commission's field but to be a go-between. He stated he liked the idea of rotating because it
gives an opportunity for a fresh review.
Mayor Dietz stated he likes the policy as presented.
Councilmember Westgaard stated he is not sure term limits will prevent opinions but they
may be good for getting a new look. He stated if there are situations that need to be
addressed they need to be brought out into the open and discussed in a professional manner.
Councilmember Wilson stated he is agreeable to the policy as presented but he is unsure
about term lengths.
Council consensus was to approve the policy in the staff report, send it to commissions for
comment,and then bring it back for final Council approval.
Councilmember Motin stated he would like the commissions to hear about the term limits
so they can provide feedback on them also.
City Council Minutes Page 7
May 6,2013
Council consensus was for the city administrator to present the policy to the various
commissions for comments and feedback.
11. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:24 p.m.
John J.Dietz,Mayor
Tina Allard,City Clerk