10-03-2005 CC MIN
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, OCTOBER 3, 2005
Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin
Members Absent: None
Staff Present: City Administrator Pat Klaers, Finance and Administrative Services
Director Lori Johnson, City Engineer Terry Maurer, Community
Development Director Scott Clark, Fire Chief Bruce West, Police Chief
Jeffrey Beahen, Wastewater Treatment Plant Chief Operator Gary Leirmoe,
Street Superintendent Phil Hals, Liquor Store Manager David Potvin,
Westbound Liquor Store Manager Steve Tillman, Utilities General Manager
Bryan Adams, and Recording Secretary Jessica Miller
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 Klinzing.
2. Consider 10/03/2005 Agenda
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER DIETZ TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. CITY COUNCIL MINUTES
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SEPTEMBER 12, 2005
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SEPTEMBER 19, 2005
3.2. CHECK REGISTER
3.3. AWARD BID FOR ICE ARENA MANAGER’S OFFICE TO NELSON
BUILDING AND DEVELOPMENT OF BUFFALO, MINNESOTA FOR
$47,900
MOTION CARRIED 5-0.
4. Open Mike
Tom Hartman, 18684 Lander Dr NW – stated that he is representing a group of residents
on Naples that would like to get city sewer and water. Mr. Hartman questioned what
residents have to do to initiate this.
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October 3, 2005
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City Engineer Terry Maurer stated that installing city sewer and water would be possible
from an engineering perspective. Mr. Maurer indicated that Mr. Hartman could be given a
petition to have residents in favor sign and bring before the Council. Mr. Maurer noted that
this option would require only a simple majority vote of the Council.
Councilmember Dietz stated that he would like to see 186 Avenue completed along with
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Naples. Councilmember Farber concurred.
Councilmember Dietz questioned what percentage of residents would have to be in favor of
the project for it to proceed. Mr. Maurer indicated that State Statute states that 35% of the
affected property owners must be in favor.
Councilmember Dietz noted that the Council required 50% of the affected residents to be in
favor of the project on Boston and Concord and that worked well. Mayor Klinzing
concurred. Mr. Maurer noted that the difference between this project and the Boston and
Concord project is that in this case, the city does not have the required right-of-way to
complete the project and if a resident is not in favor, the city may have to use condemnation
to get the necessary right-of-way.
Mayor Klinzing directed staff to provide Mr. Hartman with a petition for him to carry and
once that is returned to the Council an informational meeting would be held to discuss the
project.
5.1. Resolution 05-114 Adopting Final Assessment Roll for Northstar Business Park, Public
Hearing
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
City Engineer Terry Maurer stated that the project cost for the Northstar Business Park is
being assessed against the lots in business park which are owned by the Economic
Development Authority. Mr. Maurer stated that the total cost proposed to be assessed is
$947,200, which is made up of the construction bid, typical city overhead costs, and other
miscellaneous costs associated with developing the Northstar Business Park. Mr. Maurer
noted that construction is currently underway and will not be completed until next year.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-114 ADOPTING
THE FINAL ASSESSMENT ROLL IN THE MATTER OF THE NORTHSTAR
BUSINESS PARK IMPROVEMENT OF 2005. MOTION CARRIED 5-0.
6.1. Update on September 21, 2005 Storm
A. EOC Activated and Emergency Response
Fire Chief Bruce West indicated that the Emergency Operations Center (EOC) was
activated the evening of September 21, 2005 due to the severe storm that came through the
area. Chief West explained that he spoke to Police Chief Beahen that evening and Chief
Beahen concurred that the EOC should be activated.
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October 3, 2005
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Chief West stated that some good lessons have been learned from this activation. He stated
that there were some paging issues, both with the digital pagers and with the Nextel cellular
phones. Chief West explained that this was a small scale EOC activation and there were
enough personnel to handle it but if it had been larger, additional personnel would have
been needed.
Chief West noted that the Fire Department received about a dozen calls that evening
relating to lightning strikes, fire alarms due to power outages, and for one structure fire in
Lafayette Woods.
B. Utility Issues
Elk River Municipal Utilities General Manager Bryan Adams indicated that his office began
getting calls about 6:30 p.m. the evening of September 21, 2005 regarding power outages
and with all of the line crews working, the power was restored by 2 a.m. He explained that a
majority of the power outages were caused by trees on power lines and that the reason that
Elk River didn’t experience more power outages is because about 60% of the electrical lines
are underground. Mr. Adams stated that the day after the storm was spent cleaning up and
on Friday, a line crew was sent to assist the City of Anoka restore power. Mr. Adams noted
that many of the agencies in the area have mutual aid agreements amongst them for
instances such as this.
Councilmember Dietz questioned if a representative from Elk River Municipal Utilities was
present in the EOC. Mr. Adams stated that he has discussed the issue with Chief West and
there will be a representative from Utilities in the EOC in the future. He noted that the
Utilities phone lines will need to be transferred to the EOC so residents can contact them in
power outage situations.
C. Street Clearing and Storm Debris Pickup Plan
Street Superintendent Phil Hals stated that he had three crews on the streets the evening of
the storm looking for trees down on city property, the boulevard, and on the roadways. He
stated that the weekend following the storm was very busy at the compost site and he
estimates that they saw about one vehicle per minute dropping off brush there and that the
pile of brush.
Mr. Hals indicated that curbside brush pickup will begin Tuesday, October 4 and go
through Monday, October 17. He stated that this curbside cleanup may not take as long as
originally planned and that the final cleanup will be completed by the 17.
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Councilmember Dietz questioned if there was a way in the future to communicate to
residents that the city will be picking up the brush curbside so pickup could begin earlier.
Mr. Hals indicated that most residents assumed the city would be picking up the brush and
that there were a couple reasons for choosing the dates that they did. One was to allow the
residents a couple weekends to get the brush cleaned up and the second was to allow time
for the Public Works Department to get some other important issues such as drainage issues
taken care of prior to picking up the brush.
D. Drainage Issues
City Engineer Terry Maurer explained that due to the recent rainfall events in the month of
September, a number of drainage issues have been brought to the city’s attention. Mr.
Maurer stated that Street Superintendent Phil Hals, Assistant Street Superintendent Mark
Thompson, and he have been responding to most of these calls from citizens regarding
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October 3, 2005
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drainage concerns. He noted that most of the areas of concern are located in an area of the
city where storm sewer systems have no outlets, which is generally east of TH169 and north
of Elk Hills Drive.
Mr. Maurer reviewed the five areas which residents have expressed concern over which are:
Ulysses/202, North of 197, Hillside 196/Zane, Deerfield, TH169 wetland south of
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TimeOut. Mr. Maurer indicated that some of the residents he has spoken with are present
and would like a chance to speak to the Council.
Mayor Klinzing indicated that even though this is not a public hearing, she will allow the
residents to speak to the Council regarding their drainage issues.
Dan Collins, 11185 192 Lane NW – indicated that his land is adjacent to a wetland that
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has had rising water and he believes that the drainage issues are because of the Woods at
Hillside draining into the wetland on his property. Ms. Collins stated that he did not believe
that pumping the water out is a solution because the damage has already been done and that
instead he would like to see the drainage from the Woods at Hillside permanently rerouted
so that it does not drain into the wetland in his yard. He noted that he appreciates that Mr.
Maurer and Mr. Hals have come out to visit with him regarding the wetland whenever he
has asked. Mr. Collins invited the Councilmembers to come and look at the wetland and
indicated that he would be happy to work out a solution to this problem with city staff.
Terry Koch, 11173 192 Lane NW – stated that she has a small wetland in her backyard
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that is flooded. She stated that she has brought in black dirt to try to alleviate the flooding
but that water continues to come in her basement every year.
Michael Tietz, 20171 Ulysses – stated that he has water overflowing from the wetland into
his pole shed and that he has been working with Mr. Maurer and Mr. Hals to rectify this
situation. Mr. Tietz indicated that he has lived at the current location for 15 years and the
water has never been this high. He questioned if the pond could be dugout to hold more
water. Mr. Maurer indicated that staff’s plan is to clear some of the trees out of the wetland
and to excavate and grade the wetland area to differentiate the elevations between the
wetland and the pole shed.
Mr. Tietz stated that he would like to see the water removed from under the pole shed as
soon as possible before it frosts and questioned if any consideration has been given to
pumping the excess water out of the wetland. He noted that he would like to keep the
clearing of the trees in the wetland to a minimum. Mr. Maurer indicated that staff has not
considered pumping the water out and noted that the area is designated as a utility and
drainage easement and that trees may need to be removed.
Ron Lamotte, 11475 190 ½ Lane – stated that he has lived in his house for five years and
each year the pond in his yard gets bigger and his backyard is currently about one-third
under water. He stated that he is concerned that the trees in his backyard will die because
they are sitting in water that has overflowed from the pond and so he hopes that a solution
is figured out soon.
Mayor Klinzing stated that the Council should provide direction to staff on how to proceed
with each of these areas. Mayor Klinzing indicated that the city will be working to establish
a better connection between the area where Mr. Lamotte lives and the storm sewer west of
TH169. Mr. Maurer stated that he has been holding off on speaking to the developer in that
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October 3, 2005
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area pending Council direction but that he will speak to him and they will work out a
temporary solution and look at permanently tying into the catch basin on the west side of
TH169 to ensure that the water level is controlled to about two-feet less than the current
level.
Mayor Klinzing questioned if there is a solution to the Deerfield drainage issues. Mr. Maurer
stated that with Council consensus, staff can gather information to find a permanent
solution and a cost of a permanent solution and come back to the City Council.
Mayor Klinzing questioned how soon the drainage issue on Ulysses would be taken care of.
Mr. Maurer indicated that staff can delineate where the utility and drainage easements are
but the Public Works staff will be very busy with the curbside brush clean up for the next
couple weeks. Mr. Maurer noted that Mr. Hals is working with a contractor to excavate
another area and it is possible that this area could be included with that project.
Councilmember Dietz questioned if storm sewer work were to be completed in the Hillside
area if it would need to wait until spring. Mr. Maurer stated that it would as it is too late in
the season to tear up the road and try to get it repaired and put back together by winter.
Councilmember Motin questioned if the reason pumping isn’t being used as a stop gap is
because of the distance the water would have to be pumped. Mr. Maurer indicated that the
water could be pumped but that the equipment would have to be rented as the city does not
have the proper equipment and permission would have to be granted to access the wetland.
Mr. Maurer suggested that staff monitor the water levels for at least part of October and see
what happens. Mr. Maurer indicated that he was out at Mr. Collins property earlier in the
day and the water level seems to be receding about an inch a day and appears to be within
the easement boundary.
Mayor Klinzing questioned why pumping the water on Ulysses/202 isn’t feasible. Mr.
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Maurer explained that the distance that the water would have to be pumped and finding an
outlet for the water would make it very difficult.
Mr. Maurer indicated that staff will report back to the Council on each of the issues at a
future meeting.
6.2. Westbound Liquor Store Update
Finance and Administrative Services Director Lori Johnson indicated that Westbound
Liquor will be opening soon and that Liquor Store Manager Dave Potvin and Westbound
Liquor Store Manager Steve Tillman are in attendance to provide the Council with an
update.
Mr. Potvin reviewed pictures of Westbound Liquor with the Council. He indicated that
there are a tremendous amount of last minute details that need to be completed prior to the
store’s opening but they expect that the store will open as planned on October 10, 2005. Mr.
Potvin noted that the Westbound store is very similar to Northbound Liquor inside and that
was intentional so customers would see a connection between the two stores. Mr. Potvin
also noted that lighted monument signs have been added to both stores that include the City
of Elk River logo. Mr. Potvin thanked the City Council for allowing the second store to be
built and also thanked Ms. Johnson and Information Technology Coordinator Bob Pearson
for all their help throughout the project.
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October 3, 2005
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Councilmember Dietz questioned if the weeds along Highway 10 could be trimmed to clean
up the landscaping of the Westbound store. Mr. Tillman indicated that the Street
Department has been contacted and they are very busy but will be taking care of as soon as
possible.
Councilmember Dietz also questioned if a formal grand opening would be held. Mr. Potvin
stated that staff is not comfortable with having a formal grand opening at this time and plan
on having a formal grand opening in February much like Northbound Liquor did.
Ms. Johnson indicated that the construction of Westbound Liquor is under budget and that
she will provide the Council with a budget update upon the store’s completion.
6.3. Purchase Wastewater Treatment Plant Tractor
Wastewater Treatment Plant (WWTP) Chief Operator Gary Leirmoe indicated that the bio-
solids land application equipment was recently sold at city auction and the WWTP has
contracted with a private firm to apply the bio-solids and they will use their own equipment.
Mr. Leirmoe stated that the 1996 Holland tractor that was sold was used for other jobs
around the WWTP but was too large to get into tight places and so he would like to
purchase a 2005 Kubota L5030 HSTC with a front loader and forks. He stated that this is a
much smaller tractor but is able to lift any piece of heavy equipment necessary and would be
more practical to have around the WWTP. He noted that the tractor would be purchased
with proceeds from the tractor that was sold at auction.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO AUTHORIZE THE PURCHASE OF A
2005 KUBOTA L5030 HSTC FROM THE STATE CONTRACT FOR $31,358.61
(INCLUDES SALES TAX) USING FUNDS FROM THE PROCEED OF THE
SALE OF THE HOLLAND TRACTOR AT THE CITY AUCTION. MOTION
CARRIED 5-0.
6.4. Community Development Department Organizational Update
Community Development Director Scott Clark explained that he has been with the city one
month and one of his major tasks is to consider organizational and structural changes within
the department. Mr. Clark indicated that he has met with each employee individually, held a
Planning Division retreat, discussed goals and missions with the Chairs of the EDA and
HRA, and have had extensive discussions with the City Engineer and selected members of
the Community Development Department regarding processing of administrative and
planning application permits.
Mr. Clark reviewed his organizational recommendation schedule. He stated that the overall
organizational structural goal is to create four divisions under the Community Development
Department including a Planning Division, Building Division, Environmental Division, and
Economic Development Division. He explained that each division will have a lead position
that will form the Community Development Management Team.
Mr. Clark indicated that the first organizational issue to resolve will be the structure of the
“Environmental Division” which currently operates under the Building and Environmental
Department. He stated that staff is exploring the creation of a separate Environmental
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October 3, 2005
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Division and whether the workload demands two positions. Councilmember Dietz indicated
that he believes the Environmental Division should have an additional staff person.
Councilmember Farber and Mayor Klinzing concurred. It was noted that any pay grade
changes and job description changes should be reviewed by the Personnel Committee.
Mr. Clark stated that the second issue will be the selection of a permanent building official,
who will lead the Building Division. He stated that staff is anticipating posting this internally
within the next week and for a hiring recommendation to be forwarded to the Council by
the end of October. He noted that he anticipates that there will be three internal applicants
for the position. Mr. Clark noted that the State requires that a temporary building official be
named within 15 days of the previous one leaving and so Terry Zajac has been assigned as
the temporary building official.
Mr. Clark stated that staffing and organizational format in the Planning Division is more
difficult and may take another six to eight weeks to resolve and for a recommendation to be
prepared for the Council. He stated that he is spending a great deal of time looking at future
workloads and how they may change if engineering technicians are hired in the near future.
Mr. Clark indicated that the some issues that have arose from this organizational review are:
how to make the overall development process less cumbersome and to develop a more
efficient system, to review the individual functions of the various departments and
determine if workloads should be shifted, and who should assume responsibility for code
enforcement to be more consistent in enforcement.
Mr. Clark noted no changes for the Economic Development Department as he believes they
function well already. Mayor Klinzing noted that she believes that Director of Economic
Development Catherine Mehelich does a great job and she would like to see Ms. Mehelich
retain her title and remain at her current pay grade. Mr. Clark concurred and stated that he is
only interested in complimenting Ms. Mehelich’s experience and knowledge.
6.5. HRA Update
Councilmember Motin provided an update of the HRA meeting held October 3, 2005. He
stated that the HRA will be holding a special meeting on Monday, October 17, 2005 to
discuss changes to the MetroPlains development agreement. He stated that some of the
numbers in the document need to be adjusted because MetroPlains was overly optimistic
when they estimated the property values.
6.6. Discuss City Council Worksession Agendas
City Administrator Pat Klaers reviewed the tentative Council Worksession agendas for
October and November.
Councilmember Farber questioned if there have been any talks about having a joint meeting
with the County Board of Commissioners. Mr. Klaers indicated that he spoke to County
Administrator Brian Benson regarding a joint meeting between the County Board and the
City Council and mentioned that either the fourth Monday of October or November would
be good for the Council. Mr. Klaers stated that the next meeting of the County Board is
October 4 and Mr. Benson will check the Board’s availability at that time.
7. Other Business
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October 3, 2005
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There was no other business.
8. Staff Updates
City Administrator Pat Klaers reminded the Council and the residents at home that the city
clean up week is being help October 17 -22, 2005 where residents can dispose of items at
the Elk River Landfill for a discounted rate by first obtaining a voucher at City Hall. He
stated that information was published in the Star News and the event will mirror last year’s
event.
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City Administrator Pat Klaers indicated that there will be a groundbreaking for Medical
Extrusion Technologies (MET) on Tuesday, October 4 at 3 p.m. at the Northstar Business
Park.
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City Administrator reminded the public that the city Public Works Department will be
picking up brush curbside October 4 – 17 and that residents should call City Hall if they
have any questions.
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Councilmember Gumphrey questioned if there were transportation meetings with the
County scheduled for anytime soon. Mr. Maurer indicated that he has been holding off
thinking that it would be best to wait to schedule the next transportation meeting until after
the City Council and the County Board of Commissioners have met jointly.
9. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 8:26 p.m.
Minutes prepared by Jessica Miller.
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Joan Schmidt
City Clerk