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07-13-2009 ERMU MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER(UPPER TOWN CONFERENCE ROOM) MONDAY,JULY 13, 2009 Members Present: Acting Mayor Zerwas,Councilmembers Westgaard,Motin, and Gumphrey Members Absent: Mayor Klinzing Staff Present: Finance Director Tim Simon,City Clerk Tina Allard,and Planning Manager Jeremy Barnhart Also Present: ERMU Commissioners Thompson and Dietz,ERMU Director of Operations Troy Adams 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 6:00 p.m.by Acting Mayor Zerwas. 2. Consider Council Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. JUNE 29,2009 SPECIAL JOINT ELK RIVER MUNICIPAL UTILITIES. 3.2. ADOPT 2009-2012 ECONOMIC DEVELOPMENT STRATEGIC PLAN. MOTION CARRIED 4-0. 4. Open Mike No one appeared for open mike. 5. JOINT MEETING WITH ELK RIVER MUNICIPAL UTILITIES Pursuant to due call and notice thereof,the meeting of the Elk River Municipal Utilities was called to order at 6:05 p.m. by Commissioner Dietz. 5.1. Electric Utility Long Range Planning Mr.Adams provided a summary of the Elk River Municipal Utilities Commission meeting of July 8,2009. He noted the Commission's recommendation was to not participate in the Big Stone II project as an owner. City Council Minutes Page 2 July 13,2009 Commissioner Thompson stated he had concerns with the long-term investment and the risks involved with the project.He stated he is concerned about the rate payers and the availability of electricity in the future. Commissioner/Councilmember Gumphrey stated he was skeptical of the Big Stone II project and felt the risks were too great to the residents.He stated the city has over nine years to come up with alternative solutions for supplying power. Commissioner Dietz stated his decision not to participate had nothing to do with Big Stone being a coal plant. He was concerned about there being too many uncertainties with the project and noted there was no guarantee on what rates would be in the future. He expressed disappointment in the R.W.Beck evaluation and was concerned that it seemed to have not been an independent evaluation prepared specifically for the Utilities benefit. Commissioner Dietz read an email provided to him by the city administrator from Ehlers and Associates regarding the effect on the city's bond rating and future financing for Elk River Municipal Utilities. The Council noted they shared the same concerns as the Utility Commission. Mr.Adams noted there is still plenty of time for the city to consider alternatives for future power needs. MOVED BY COMMISSIONER THOMPSON AND SECONDED BY COMMISSIONER GUMPHREY TO ADJOURN THE ELK RIVER MUNICIPAL UTILITIES MEETING.MOTION CARRIED 3-0. The Elk River Utilities Commission meeting adjourned at 6:20 p.m. 193.d Avenue Corridor Project A resident interrupted the meeting at this point to bring up this construction project. Joe Glowacki, 11024 192nd Circle noted the following concerns: ■ House is constantly shaking ■ Company working on the project isn't using water to keep the sand and dirt down • People are four-wheeling in the construction area during the night and the police are not responding in a timely manner • Quality of retaining wall used in the project • Removal of trees • Cheap house ($200,000)being put up in$400,000 neighborhood.He stated restrictions were put in that are not being followed. Councilmember Motin informed the resident that the city would look into his concerns. Councilmember Motin asked staff to look into this matter. 6.1. Authorization to Prepare Text Amendment Relative to Restaurants Mr.Barnhart presented the staff report. City Council Minutes Page 3 July 13,2009 Councilmember Westgaard asked that more explanation be brought to Council regarding the intentions of separating coffee shops and ice cream parlors from the definition of restaurants. Councilmember Motin requested the definitions for ice cream parlor be considered more carefully because places like Dairy Queen could be considered a restaurant and an ice cream parlor. It was Council consensus to authorize staff to prepare an ordinance amendment. 6.2. Authorization to Prepare Text Amendment Relative to General Planning Permits Mr.Barnhart presented the staff report. It was Council consensus to authorize staff to prepare an ordinance amendment. Councilmember Motin stated he liked the idea of streamlining the application process to move requests along more rapidly. 6.3. Lake Orono Improvement Association Various representatives from the Lake Orono Association were present. Paul Sheets,Lake Orono Association representative,handed out a presentation he reviewed with Council. Vance Zehringer,Lake Orono Association,stated the association needs to work with the city for controlling the invasive plant,the curly leaf pond weed.He stated the association decided not to use city budgeted funds to stock fish in the lake this year in case the lake is allowed to be lowered this fall/winter in order to take care of some of the curly leaf pond weed.He asked that the funds be carried over to the 2010 budget. Councilmember Zerwas stated he received many calls from citizens who were upset about the last draw down of the lake and noted that residents who weren't part of the Association didn't get notice. He stated a better communication plan and personal notice to lakeshore owners will be needed if there were another draw down. Councilmember Motin noted that the economy is struggling and the city will have many budget issues to consider. Discussion was held regarding the silt buildup in the lake and a history was provided of the attempt to draw down the lake in order to dredge it. Tiffany Determan,Sherburne Soil and Water Conservation District—Distributed a handout and explained Total Maximum Daily Load(f'MDL).She stated water samples are taken from lakes and used to determine if the lakes should be classified as impaired waters. She noted Lake Orono has been classified as an impaired water since 2008.Ms. Determan discussed funding sources and noted it helps when groups like the Lake Orono Association are proactive on lake issues. City Council Minutes Page 4 July 13,2009 Mr. Zehringer stated from his observations much of the contamination is coming downstream from the Elk River. There was discussion on the following topics: • Septic systems • Stocking of fish—native/non-native • Shoreland management of property owners • Public outreach and education • Rumors of outbreaks of swimmer's itch which have been unfounded Mr.Zehringer stated fireworks need to come back to Elk River. Councilmember Motin stated he was surprised the Elk River Area Chamber of Commerce decided to discontinue the fireworks displays and felt they would be the best coordinator. Councilmember Zerwas noted that the city's financial commitment(through the Economic Development Authority[EDA])remained in place.He stated other organizations were approached but it was difficult to put a program together due to the short timeframe.He stated with a year of awareness there should be no issue with the funding coming together for 2010 but the other issue is committing people to coordinate,staff,and run the event along with numerous volunteers to work the event. Mr. Sheets noted that the Star News has offered to organize a group to move this project forward. Councilmember Zerwas stated he would be in favor of including funding in the EDA budget next year. Mr.Zehringer questioned the rest of the Council as to their willingness to commit funds for fireworks for 2010. The Council stated yes. Councilmember Westgaard stated the city can't do the whole project alone.He stated the city is trying to keep tax rates down for residents. Councilmember Zerwas noted the city would continue to be supportive of fireworks in the future but noted the city had layoffs in 2009 and it would've been difficult to say we can't afford to pay employees to come to work but then turn around and spend$20,000 for a 15 minute fireworks display. 6.4. Council Open Forum No comments for Open Forum. 7. Other Business There was no Other Business. City Council Minutes Page 5 July 13,2009 8. Council Updates There were no Council Updates. 9. Staff Updates Mr.Simon provided an update regarding the fire chief interviews. He questioned if the Council would be interested in having the finalist,when selected, complete a management and leadership evaluation at a cost of about$750. Council consensus was to not pursue this evaluation. 10. Adjournment There being no further business,Acting Mayor Zerwas adjourned the meeting of the Elk River City Council at 7:30 p.m. 1 Tina Allard,City Clerk 4 It oft Step i:nie Klinzing, ""