07-06-2009 CCME T~ T ELK ~' QTY ~ L
DEL T TAE ELK EVE QTY h~ LL
,L , ~0~9
Memhexs Present. Mayor I~linzing, Councilmembers Zerwas, V~lestgaard, Gumphrey, and
Morin
Members Absent None
Staff Present: City Administrator Loxi Johnson, Finance Dixectox Tim Simon, City
Attorney Peter Beck, Environmental Administrator Rebecca Haug, Ice
Arena Manager Rich Czech, and Recording Secretary Jennifer Johnson
1.. Call Mee~i:~,g To Q~~d~e~
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 6;30 p.rn. by Mayor I~linzing.
2. Consider o7.~06~2007 Agenda
..... ..
Mayox I~1inzing requested item 3.12. be removed and placed on a future agenda for
discussion,
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPk-IREY TO APPROVE TIDE AGENDA WITH®UT
ITEM 3,12. MOTION CARRIED 5p0,
3. Considex Consent A enda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED B~'
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.~,. COUNCIL MINUTES
0G/15/09 SPECIAL JOINT/UTILITIES
0G/15/09 REGULAR
3,2, CHECK REGISTER
3.3, LEASE RENEWAL WITH BOY SCOUT TROOP NO,111
3.4, SPECIAL EVENT PERMIT TO CENTRAL LUTHERAN CHURCH FOR
5 K AND 10K WALK/RUN
3.5. ANNUAL RENEWAL OF SALES/ST®RAGE RETAIL FIREWORKS
LICENSE FOR MENARDS
3.G. SOLICITOR LICENSE - IRENE MORALES, RAYMOND JAMES
FINANCIAL SERVICES
3.7, TEMPORARY ON-SALE LIQUOR LICENSE FOR THE CHURCH OF
SAINT ANDREW
3.5, RESOLUTION 0931 CONSENTING TO CHARTER RESTRUCTURE
3.9, SPECIAL EVENT PERMIT TO SHERBURNE COUNTY
AGRICULTURAL SOCIETY
City Council Minutes
July G, 2009
Page 2
3.10. CITY HALL BAILER REPLACEMENT
3.11,A. MASSAGE LICENSES FDR AVAL®N SALGN GaMPANY -MASSAGE
ESTABLISHMENT LTCENEE
3,11.B. MASSAGE THERAPIST LICENSE -~ SAVANNA VANEK
M®TIGN CARRIED 5-0.
4. 0 en Mike
Aaron Rasmus, I9298 Javier Street~Stated he would like a four~way stop at the intersection
of Xavier Street and 193rd Avenue and the speed limit reduced to 30 mph due to visibility
and safety concerns.
Mayor I~lit~zing stated this matter will be discussed with staff and considered at a future
meeting,
5~1, Bud et .A.ward Presentation --Heather ohnston Ci of Minnea olis
Heather Johnston from the City of Minneapolis presented Tim Simon and the City Council
with the Distinguished Budget Presentation Award from the Government Finance Off cers
Association ~GFOA} fox the 2009 f scat year, She stated the City received this award for• the
fast time, She further stated national award recognizes the highest standards in
governmental budgeting and represents a signif cant achievement for the City,
Mr, Simon accepted the award on behalf of the City, and thanked the finance staff, all City
departments, the City Council, and the City Adrninist~•ator for all helping make this award
possible,
5.2. Lea ue of Minnesota Cities -~ Award of Excellence
Ms• Johnson presented the City Council with a 2009 City of Excellence Award from the
League of Minnesota Cities for the "Sustainability and Smart Energy Use" category for the
City's Prolect Conserve program, She thanked the 35 families for participating in Project
Conserve as well as Ms, Haug, Vance Zehringer, and Mayor I~linzing for their partnership in
this pilot program,
Mayor I~linzing also thanl~ed City staff and participants in helping reduce their consumption
of electricity, natural gas, water, and gasoline, and the amount of solid waste produced by
each household.
5.3. Authorization to Mire wastewater 0 erator
Ms, Johnson presented the staff report,
MGVED BY CGUNCILMEMBER wESTGAARD AND SECGNDED BY
CGUNCILMEIViBER GUMPHREY TG A.PPRGVE THE HIRING OF
NIGH®LAS FLAHERT'Y AS WASTEWATER OPERATOR EFFECTIVE JULY 7,
2009 AT STEP B ®F PAY GRADE G. MDTIaN CARRIED 5~0.
City Council Minutes Page 3
July 6, 2009
5.4. Award Contract for Ice Arena Roof Reuair
Mr. Czech presented the staff report.
Councilmember Gumphrey expressed concern over the cost of the quote seeming too low
to allow for proper repair of the roof,
Mr. Czech stated he reviewed the proposal with Building Offtcial Bob Ruprecht and they
feel confident that the repaii~s will be satisfactory.
MOVED BY CQU~CILNIENIBER GUIViPHREV ACID SECgNDED DY
CgUNC~LN~EMBER ZERW.A~ Tq AwARD THE CgNTRA.CT FqR THE SCE
AREA RggF REPAIR Tq 1V~ATT THgMPSgN BUILDER, ANC., AT A
TgTAL Cq~T qF $G,9GI. MgTIgI~I CARRIED 5p0.
5.5. Discuss Council worksession A endas
Ms. Johnson presented the staff report. No additions were made to either the July or Au ust
g
worksessions.
6.1. Re nest b Elk River Landfill Inc, for Land Use Amendment to Chan e the Land Use of
Certain Pro er from Minin to Landfill I'ubltc Hea~x~ - Case No. LU 0901
I1iIs. Johnson provided a brief history of the public meetings held since Apri120Q9 and
directed the public watching to access this information via the City's website, She stated the
applicant has requested a delay but that due to public hearing notification requirements,
hearings will still be held in order to give the public an opportunity to speak to this item.
Ms. Haug presented the staff report. She discussed zoning, current capacity, the
Envh~onrnental Impact Statement, access, an additional gas to energy facility, a household
hazardous facility, landscaping, the End Use Plan, the proposed 10 acre commercial
property, landfill height after mining among other items. She reviewed the Comprehensive
Plan and factors that need to be considered. She noted waste Management is a ood
corporate citizen and partner, She discussed past landfill issues that are being remedied. She
stated the Council needs to decide if the Comprehensive Plan should be amended and
reviewed the factors that must be considered in order to amend the Plan.
Mr. Beck stated the City is required to act on this application within the constraints of the 60
day law, which allows tlae City to extend the timeframe for anotl~er GO days, But he noted
tlae City has already taken advantage of this extension and this item must be acted on b ul
28 200. He state y J y
d this item is on the agenda tonight in order to give the public an
opportunity to speak and the Council time to consider a decision and to give staff time to
prepare a resolution for consideration. He noted tlae landfill could make a written request
for a delay, He stated if a delay is requested he would recommend the Council allow it in
order to give waste Management time to present all their information, He noted there is an
extensive amount of material to be reviewed. He stated these two items are a policy decision
for the Council. He stated there is a City map that contained an error created at staff level
that indicated this parcel with a landfill designation and that there never was action b the
Y
Council to amend the zoning or land use map to this designation. He stated this error has
been corrected.
City Council Mi~.utes
July ~, 200
Page 4
Brad Scheib, Hoisington l~oegler Group, Znc, - Provided a PowerPoint presentation that
discussed the potential impacts of a landfill expansion on future development of the City,
He noted his company worked with the City on the last update to the Comprehensive Plan,
Ms, Haug explained the Planning Commission's 4-2 vote to recommend denial to the
Council as outlined in hear staff report.
John Hellas, Waste Management Landfill Area Manager --Expressed that there are
considerable differences in opinion between the HI~Gi Study and the Waste Management
Study,
John Shadow, Land Use Planner Consultant for Waste Management ~ Stated 11e reviewed
the City's Comprehensive Plan and felt it was geared more toward Compact Development
by bringing fobs and growth around tlae downtown area, He stated he believes there are a
number of areas close to the downtown that axe being under-utilized, He stated the adopted
Comprehensive Plan doesn't anticipate urban services to go beyond existing service lines
until 2030, He stated the City receives a lot of money from the landfill with virtually no
demand for services and has an opportunity to re-invest that money into planning up to
2030,
Mar. Kellas suggested inviting a third party to provide an economic analysis for this area at
Waste Management's expense, He provided a PowerPoint presentation outlining current,
past, and future impacts and partnerships of the landfill in t11e community,
Ms, Johnson stated the comment regarding the City's Host Tee being at ~0°/n of the City's
General Fund budget is incorrect. She stated it doesn't go into the City's General Fund and
is far less than 10%, She stated it is most likely at less than 5% currently, She stated staffs
goal was to prova.de as much information as possible to the Council in mal~ing their decision
and because this als a major policy issue, there is no staff recommendation.
Mayor l~linzing opened the public hearing.
nary Sauer, Chairman of Tiller Corporation -Stated his company would be mining the
subject parcel for the next 5o-GO years, He compared EIk River mining to that in Maple
Grove, noting it took Z5-3o years of planning the area of Arbor Lakes. He stated he would
prefer to see the landfill area stay all green when its lifecycle ends,
Bruce ~eaver,13G25 - 277tf~ Avenue, Zimmerman -- Stated he supports the landfill
expansion,
Denny Butlett,1251 ~ -- 2Z5~~ Court NW, representing the Ridges of Rice Lake
Homeowners Association} w Stated they, along with all the homeowners, are against the
expansion of the landfill because they have to put up with the noise, traffic, and smell.
Larry Thian~vold, employed at NAPA Auto Parts -Stated NAPA and other businesses in
the community benefit from the support of Waste Management,
Ricky Soloatnaa~, 905 ~- G~l~ .Avenue, representing the Boys and Girls Club of Elk Riven
Stated the Club benefits from the support of Waste Management,
Carrie Steinbreeker, owner of a local roll-off company -~ Stated sloe supports the
expansion,
City Council Minutes
July ~, 20~~
Page 5
dim Reuel, representing Teller Williams Real Estate and an Elk River Chamber of
Commerce member --Stated the Chamber unanimously supports the expansion of tlae
landfill and is concerned the City would lose tax revenue and employment opportunities.
Amanda Larsv~, representing the Elk RiverYMCA - Thanl~ed Taste Management for
their support with the ~2 million dollar Legacy Grant which helped to build the YMCA and
other donations providing community support to residents of Ells River,
Mayor I~Iinzing asked for clarif cation of tlae connection between the Legacy Grant and
Waste Management.
Ms, Johnson explained the Legacy Grant was a County program, She stated the County
could've chosen any way to spend their surcharge funds but she further noted the grant
comes from surcharge revenue,
Alma Sakry, member of the Elk River Chamber of Commerce and Elk River Rotary --
Stated he is supportive of the landfill expansion, He feels by expanding the landfill, the City
is supporting a local business and promoting the Energy City theme.
Bill Ca~nty,17931 Fillmore Sheet, former employee of the landfill} - Stated he couldn't
understand why the Planning Commission doesn't want to expand the landfill.,
Sue 1~Iartin,12565 - 224~h Court NW, Ridges of Rice Lake resident -Stated the City could
have a more beneficial impact for residents and businesses if the landfill did not expand
because the City could move forward with development of more residential and business
opportunities,
Mike Ber~apeck, General Manager of Ace Solid Taste -Stated Taste Management has
done a lot to support the City and expansion of the landfall will allow his business to grow,
Terry Morrell, ~ 0752 -~ ~ 7150 Avenue,owner of Morrell Trucking} --Stated he supports the
expansion as he feels it provides local jobs to the community.
Dan gown, 2239 Tipton Street - Stated he is against expansion of the landfill,
Colin McClone,16038 Jarvis Street, owns a small local debris removal company and
supports expansion of the landfill as well as other businesses in the area.
Steve Alcorn, 22336 Watson Street, Ridges of Rice Lal~e resident} Stated there was no
discussion on the impact that expanding the landfill would have on existing residents. He
feels expansion of the landfill will increase traffic on 221St Street,
Amy ~orsh, 22301 Watson Circle, ~R.idges of Rice Lake resident} -Stated she is against
expansion of the landfill and asked the Council to consider the residents' quality of life,
Angie Mortenso~., 22382 Tipton Street, Ridges of Rice Lake resident} -~ Stated she is
against expansion of the landfill and believes there will be more opportunity for the City
without it,
City Council Minutes page ~
~u.l~r G, 209
Jeff' Casey,11882 ~-193~~ Lane - Stated he supports expansion of the landf~l. He stated the
landfill was already established when residents moved into the neighborhoods near the
landfill,
Dennis Vanburen, 22~-G$ Tipton Street, Ridges of Rice Lake resident} ~ Stated he did
research the area before moving. into the Ridges development, He stated he was told the
landfill would be closing down in the near future. He invited others over to his house when
the wind blows.
Rolex Larseh, 22301 Watson Circle, Ridges of Rice Lake resident -Stated he is against
expansion of the landfill.
Je~'f Vassar, site manager of the landfill and a former Elk River resident - Stated he supports
expansion of tl~e landfill. He stated as site manager of waste Management, concerns
from residents about smells, traffic, etc. are taken. seriously.
Don Yuxeco, employee of waste Management and former resident of Ells River ~- Stand he
supports landfill expansion and states he and his co-workers work hard to make the landfill
less of a dump and do their best to keep the smell down.
Jots ~etnske, 22372 Tipton Street, Ridges of Rice Lake resident -Explained his
experiences testifying before the MPCA citizen's review board and his concerns with tl~e
permitting process now that the City has the authority to approve or deny an expansion, He
expressed concerns with health impacts and liability of nearby residents.
Kevin Moritz, owner of Cash Gas, Inc, Elk River -- Stated he supports expansion of the
landfill.
Mr, Beck suggested the Council close the public hearing ar continue it to the July 20, 2009
Council meeting. He asked representatives o£waste Management, for the consideration of
the public, to tell the Council that evening if they would be requesting an extension of their
application,
Mayor I~linzing continued the public hearing to July 20, 2009.
Mr. I~ellas stated he will. submit a letter in writing to the Council asl~ing for a GO day
extension of the application
Based upon this information and after discussion by tl~e Council, Mayor I~linzing stated to
the public that the public hearing fox this item will be continued to the August ~7, 2009
Council meeting at 6:30 p.m.
Mayor Klinzing stated the Planning Commission based their decision on a policy issue
regarding land use of the Comprehensive Plan. She stated the Council will also be
considering this as a policy decision,
Councilmember Moon stated waste Management is a good corporate citizen, He stated the
Council must look at how the landfill will impact future development that will be desirable
to the City, He stated he sees the pros and cons o£ a landfill expansion. He stated the pros
are temporary. He stated they employ 15 people but if an expansion is approved those 15
Czty Council MlnuteS Page ~
July G, 2009
employees will be gone when the landfill is done in 25 years and there won't be other jobs in
this area. He stated laud use shouldn't be based on the prof Lability to the City. He stated it's
a matter of how this land use impacts future development, He explained the titn.e value of
money issue versus timing if the landfill is allowed to expand.
Councilmember Morin stated the cons are that the City is l~nown as the dumping area of the
north and wondered if the City comfortable with that as its image. He stated if tl~e current
landfill is capped in fve years, the negatives will begin to disappear; but if expansion is
allowed, tl~e negative impacts will continue for 50 more years. He stated visually the landfill
is Jiff cult for the community image, Councilmember Morin stated garbage is continually
blowing around the area. He stated the truck traffic, wear and tear on the roads,
environmental risl~s such as liners potentially failing, and maintenance are all current issues.
Councilmember Morin stated residents will be impacted by this decision and he is concerned
of a permanent loss of the potential growth of the areas around the landfill, He discussed
unexpected build-out growth that has occurred in other communities, including Elk River,
He stated the Council's expectation is that build-out of the City will get to County Road 33
but may take a while to get to the vezy north end at 221St Avenue. He questioned the 2,00
foot impact buildout zone and what the distance would be fax tlae 109 acres excluding the
impact zone.
Mr, Scheib stated the distance is measured from where the fill occurs at the base, not tl~e
property line.
He questioned the distance from the current fill limit to the expanding fill limit.
Councilmember Motin stated the detrimental impact seems to be irrelevant because it is
already there. He stated it's only increasing for the amount of the expansion.
Mr. Becl~ stated the 2,000 feet from the fill boundary is what was analyzed,
Mr. Scheib illustrated how these scenarios were determined.
Councilmember Gumphrey stated he was against any new studies and agrees with the
Planning Commission's decision to deny the requests of waste Management. He is opposed
to expansion of the landfill and feels the area can be planned for a better use that will bring
more businesses, fobs, and revenue to the area, Councilinember Gumphrey stated he was
ready to vote on this issue tonight,
Councilmember Westgaard concurred with Councilmember Morin stating this urasn't an
easy decision as he sees both the pros and cons of allowing expansion. He stated this
decision would be a permanent one even with today's technology advances. He stated the
City has to consider tlae f nancial impact as the decision affects land use and property tax
base. He stated he is struggling with the results of the studies, Councilinember Westgaard
noted that no consideration has been given to the urban service expansion, haw it will be
paid for, and how that will affect the tax base, He stated he didn't want the City to be l~nown
as a land dump and that even with the expansion it will be done in 15 years. He stated there
are issues with metro cities not wanting to utilize Resource Recover Technologies and
choosing the landfill to get rid of their waste, He would like to see more information from
Waste Management's and HKGI's on their studies. He further noted that the location of the
landfill will also be impacted by the possibility of an interchange located at Highway 1 G9 and
City Council Minutes
Juiy G, 2D09
Page S
22151 Avenue, He stated there could be 109 acres of developable land at a major interchange,
He stated noise and smell are issues,
Councilmember Zerwas expressed concerns regarding the economic and financial irn act
p
and the urban service expansion and how it would be paid, He stated it comes bacl~ to the
comprehensive plan and noted that this portion of land of the City was laid out and
designed so it would be used as a tax source to the future of the City indefinitely, He stated
the City needs to keep stable f nancially and this portion of the City is key in meeting those
goals, He noted the City is going to be funding those particular infrastructure improvements
through a solid tax base and not host fees. Councilmember Zerwas stated he looks at this as
an economic decision and whether it's comparing lost jobs or the potential to property
values. He stated he understands the concerns of the residents in the area of the landfill, bia~
his focus and attention is placed on the disparity with the statistics presented by both sides.
Councilmember Zerwas stated he is concerned with ensuring the Future financially viability
of the City whether or not the City decides to allow for expansion. He stated he is
concerned with Waste Management's ti~nefzame of 2033.
Mayor 1~linzing stated she agreed with Councilmember Gumphrey, wishing t11e Council
could mare a decision this evening but felt it important to allow more time for information
to be shared. She stated her major concern is the Comprehensive Plan and the City's ability
to plan tl~e City, She stated approving this expansion would weaken the City in being able to
plan this area, She further stated even if the area appears to be small, the area in question is
in a high end tax value, She stated the Comprehensive Plan was designed around this entire
area of the City, and the plan calls for a projected population of a 44 square mile city with a
population of 35,Q00, She stated if Maple Grave had allowed for a landfill expansion, they
wouldn't have been able to build Arbor Lakes, She feels allowing expansion of the landfill
will weaken the City's resolve to protect and plan that area in the Comprehensive Plan
process. She noted that Great River Energy listed the landfill as one of the reasons the
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moved out of Elk River, She stated she appreciates the landfill as a business and has worked
many years with Deb Walters on other items. She stated landfills have a detrimental effect to
cities so they need to do things to offset that, which in this case, is community support, but
she noted the entire future of the City shouldn't be determined by it, She stated as long as
she's Mayor, sloe will protect this area of the City by following the Comprehensive Plan,
A letter from waste Management requesting an application extension of GO days was
presented to the Council,
Councilmember Motin asked Mr. Becl~ to prepare findings both for and against expansion
and have them available for the August 17 meeting so that Council may act on them that
evening. Mr. Becl~ agreed to do so but painted out there was enough time built into the GQ
day extension to have time after the August 17 meeting to prepare one set of findings,
Councilmember Gumphrey stated he was disappointed the Council couldn't make a decision
that evening,
1l~DVED BY CCUIVCTLMEMBER ~ERwAS AND SECGNDED BY
CCUNCZLMEMBER WESTG.A.ARD TQ CGNT~NUE THE PUBLIC HARYNG
To AUGUST ~7, 2~0~. MaTIaN CARRIED 4~~. Councilmember Gumphrey opposed,
Mayor Klinzing recessed the meeting at 9,25 p.m, and reconvened t11e meeting at 9:30 p.~n,
City Council Minutes
Jay G, 2009
Page 9
G.2. Re uest b Ells River Landfill Inc. for Rezonin to Chan e the Zonin from AI
A ricultural Conservation to SwF Solid waste Facili .Public Hea~z~z --Case No. ZC
0901
Mayor I~linzing stated a motion needed to be made for the rezoning request from waste
Management,
Councilfnember Gumphrey stated he was disappointed the Council couldn't make a decision
that evening,
M®VED BY CGUNCILMENIBER WESTGAARD AND SECGNDED BY
CGUNCILIi~E~BER M~TIN TG CGNTINUE THE PUBLIC HEARING TQ
AUGUST 17, 2049, MDTIGN CARRIED 4~1, Councilmember Gumphrey opposed.
7.I, Follow-u to oint Utilities Commission Meetin
Mayor I~linzing presented this item, stating a meeting had been setup for July I3 to decide
whether or not Ells River Municipal Uttl~ties ~ERMU~ should be an owner in the Big Stone
II protect, She requested the Council ask questions of staff so tlaey could provide the
information needed to make an informed decision.
Councilm,ember Gumphrey stated the Utilities Commission is holding a special meeting on
July S, 2DO9, to decide the matter,
Mr, Beck confirmed the special meeting scheduled for July $ and stated the purpose for this
discussion was to gather Council's questions, issues, and feedback to present to tlae Utilities
Commtss~on for tlae special meeting on July $, Bob Schulte was available for questions from
the Council this evenm.g.
Councilmember westgaard stated since the Utilities Commission has worked through this
longer than the Council that he would follow the Commission's recommendation, He asl~ed
what other options were available to the City in the future should they decide not to
participate in the Big Stone II project. He asked what concerns Councilmember Gumphrey
had about partic~pat~ng ~n this project,
Counc~.nember Moon agreed with Councilmember westgaard, asl~ing similar questions
about the available scenarios and Fnancial impacts to the City should they decide for or
against the prolect..l-~e asked about residential rates and the bond payment,
Mayor ~~linzing agreed, stating she was also interested in hearing about green energy items,
She stated she feels the Commission has also considered alternatives, considering the future
regulations and the costs associated with the retrofitting of current coal plants,
Councilmember Zerwas stated concerns with the financial risk of such a major project.
Councilmember Moon is also concerned with the risks of the project and any problems
being passed along to the taxpayers should the project fail.
All Councilmembers concurred they would appreciate the decision of the Utilities
Commission as they had more time to review and discuss this item and how it would impact
the future of Elk River Municipal Utilities.
City Council Minutes
July 6, 2009
S. Caunc.~„Updates
There were no Council updates.
9. Sta~'f Updates
There were no staff updates.
Page ~ 0
10, Ad'ournrnent
There being no further business, Mayor I~.nzing adjourned the meet~~g of the El~~ River
City Counc:~ at 9;43 p,m.
Mi~~utes prepared by Jennifer Johnson,
,.~- ,.
,~ ~.
Tina Allard, City Clerl~
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Stepha ie ~~linzing, Mays