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3.1. SR 06-21-2010MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 7, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Assistant Finance Director Lori Ziemer, City Clerk Tina Allard, Fire Chief T. John Cunningham, Code Enforcement Officer Dave Hetrick, Street Superintendent Phil Hals, and Recording Secretary Jennifer Johnson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:33 p.m. by Mayor Klinzing. 2. Consider 06/07/2010 Agenda Ms. Johnson requested to add an update of Highway 10 after item 7.1. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES ^ 05/03/10 REGULAR ^ 05/10/10 WORKSESSION ^ 05/17/10 SPECIAL CLOSED ^ 05/17/10 BOARD OF APPEAL ^ 05/17/10 REGULAR 3.2. CHECK REGISTER 3.3. HIRE REBECCA THOMAS AS COMMUNITY SERVICE OFFICER I 3.4. HIRE BRENDA GUSTAFSON AS LEAD LIQUOR STORE CLERK FOR WESTBOUND LIQUOR 3.5. AUTHORIZATION TO ADVERTISE FOR PAID ON-CALL FIREFIGHTERS 3.6. SALES/STORAGE RETAIL FIREWORKS LICENSES FOR ALDI FOODS INC. AND WAL-MART 3.7. AUTHORIZATION TO PURCHASE PARKS MAINTENANCE TRUCK City Council Minutes Page 2 June 7, 2010 MOTION CARRIED 5-0. 4. Oaen Mike 4.1. Don Heinzman -Three River's Foundation Hall of Fame Awards Update Don Heinzman presented the Mayor and Council with a plaque for the 2009 Three River's Community Foundation Distinguished Leadership Hall of Fame awards. Council congratulated the recipients on their achievement and would display the award in the display case. Dennis Butlett, 12516 - 225th Court, and Steve Elkhorn, 22336 Watson Street NW, representing the Ridges of Rice Lake homeowners association, expressed concerns with the odor of the compost site located near 221St Avenue. They asked the council to either have the compost site moved or rescind the CUP. Mayor Klinzing asked staff to visit the site and report back to the council. Ms. Johnson stated staff has inspected the site and is monitoring it. She also stated the Sherburne County Environmental office has sent a letter to the landowner. Staff will report back to Council at a future meeting with an update. Mr. Butlett and Mr. Elkhorn asked for a copy of the letter. Ms. Johnson suggested they contact Sherburne County for this. Rick Kreuser, 232 Elk Hills Drive, was present to ask questions about item 5.6. Mayor Klinzing asked if he would hold his questions until the item was presented to Council for discussion. 5.1. CenterPoint Energ~~ -Community Partnership Grant Chief Cunningham presented the staff report. He introduced Scott Lehner, Area Manager representing CenterPoint Energy's Community Partnership Grant. Mr. Lehner presented Chief Cunningham with a grant in the amount of $2,300 to purchase new multi-gas meters. 5.2. Authorization to Accept a Grant from the Fireman's Fund Insurance Company Chief Cunningham presented the staff report. He introduced Katherine Karja and Jennifer Davis, Fireman's Fund employees who wrote the grant on behalf of the Elk River Fire Department. The Mayor and Council thanked them for their efforts in helping the fire department obtain the grant in the amount of $25,000 to purchase new hydraulic extrication equipment. 5.3. Ordinance Amending the Gambling Ordinance and Resolution Approving a Premises Permit to Zimmerman Fire Department Relief Association City Council Minutes June 7, 2010 Ms. Allard presented the staff report. Page 3 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE ORDINANCE 10-07 AMENDING THE GAMBLING ORDINANCE AS OUTLINED IN THE STAFF REPORT AND TO APPROVE RESOLUTION 10-22 APPROVING A PREMISES PERMIT TO ZIMMERMAN FIRE DEPARTMENT RELIEF ASSOCIATION. MOTION CARRIED 5-0. 5.4. Presentation of the Comprehensive Annual Financial Report and Audit Results for Year Ended December 31, 2009 Mr. Simon presented the staff report. He thanked staff, especially Lori Ziemer, for her assistance in the preparation of the annual financial report. He introduced Andrew Berg from Abdo, Eick & Meyers, who presented a PowerPoint presentation. Mr. Berg presented the 2009 audit report. He stated a clean opinion was issued and there were no instances of non-compliance. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ACCEPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE CITY OF ELK RIVER FOR THE YEAR ENDED DECEMBER 31, 2009. MOTION CARRIED 5-0. 5.5. Main Street Pavement Rehabilitation Project A. Resolution Establishing Date of Assessment Hearing B. Resolution Determining Assessment Cost of Improvement and Ordering Preparation of Proposed Assessment Roll John Anderson, PE with BDM Consulting Engineers and Surveyors, PLC, presented the staff report. Discussion took place regarding the level of traffic on Main Street and the fact that this roadway handles more than just local residential traffic. Mr. Anderson asked Council to consider providing staff with direction as to what, if any, adjustment factor could be applied to the assessment. Councilmember Zerwas felt the assessment rate to an individual property of $4,167.20 was too high and felt a figure of around $2,000 would a fairer figure given the high volume of traffic on this street. Councilmember Motin agreed and asked Mr. Anderson about fixture repairs to this road. Mr. Anderson stated due to the high traffic volume, this road would require more maintenance in the future compared to a typical street in a residential neighborhood. Councilmember Motin felt it fair to lower the assessment amount a property owner would have to pay because of that. Counciltnember Westgaard asked if there were other roads in the city with similar circumstances. City Council Minutes June 7, 2010 Page 4 Ms. Johnson stated there aren't any other recent examples of roads to use in comparison to Main Street. She stated the $2,000 range seemed more comparable for this type of project. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE RESOLUTION 10-23 DETERMINING THE ASSESSED COST OF IMPROVEMENT TO AMOUNT TO $212,500 AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE 2010 MAIN STREET PAVEMENT REHABILITATION PROJECT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE RESOLUTION 10-24 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR JUNE 28, 2010 AS OUTLINED IN THE STAFF REPORT IN THE MATTER OF THE 2010 MAIN STREET PAVEMENT REHABILITATION PROJECT. MOTION CARRIED 5-0. 5.6. 2010 Street Overlay Improvement Project A. Resolution Authorizing Preparation of Plans and Specifications B. Resolution Receiving Feasibility Report and Ordering a Public Hearing Kevin Bittner with Bolton & Menk presented the findings of the Feasibility Report for the proposed 2010 overlay improvements, which was included in the staff report. He outlined the details of the report with a PowerPoint presentation. Rick Kreuser, 232 Elk Hills Drive, had several questions regarding this project ranging from life expectancy of the improvement to concerns with water erosion and final assessed cost to affected property owners. Mr. Bittner stated an informational meeting was scheduled for June 22 for all affected property owners to answer these and other questions and concerns about the project. Councilmember Motin expressed concern with assessment costs to the industrial lots and felt the corner lots in the industrial areas needed to be assessed differently. Mr. Bittmer agreed and stated current policy doesn't give aper-acre in industrial areas. Councilmember Gumphrey asked Mr. Hals his opinion of the condition of 202nd Avenue as he had recently traveled it and didn't feel it required an overlay at this time. Mr. Hals stated the road is in good condition but an overlay would be a cheaper way of preserving the road to prevent a total rebuilding of the road. Councilmember Gumphrey asked if the city could wait for two years to avoid assessing property owners in light of the economy. Mr. Hals stated any of these roads in this report wouldn't deteriorate drastically but it would help prevent a more costly rebuilding of the road sooner rather than later. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE RESOLUTION 10-25 TO City Council Minutes June 7, 2010 Page 5 RECEIVE THE FEASIBILITY REPORT AND ORDER A PUBLIC HEARING AS OUTLINED IN THE STAFF REPORT FOR THE 2010 STREET OVERLAY PROJECT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE RESOLUTION 10-26 AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2010 STREET OVERLAY PROJECT. MOTION CARRIED 5-0. 5.7. Resolution Declaring Public Nuisance and Ordering Abatement in the Matter of the Nuisance Located at 19545 Elgin Street NW Ms. Johnson presented the staff report. Mr. Hetrick was available to answer any questions. It was decided that failing to install a fence as required around an in ground pool is a public safety concern and to move ahead by declaring this matter a nuisance and order the abatement. Staff would return at a future meeting with a resolution. Councilmember Motin asked if a court order is required with an abatement. Ms. Johnson would ask legal counsel and proceed accordingly. 6. Recess to U~pertown Conference Room for Joint Meeting with Sherburne County Board of Commissioners Ms. Johnson stated the County Board asked that the Council reschedule the joint meeting due to the council meeting running later than expected. Staff will contact the County to reschedule a joint meeting. 7.1. Ice Arena Grant Contract Awards A. Lighting Improvements B. Boiler Replacement C. Low Emissivity Ceiling Mr. Czech presented the staff report. Mr. Simon provided a handout, which outlined grant and budget figures. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AWARD THE LIGHTING IMPROVEMENTS CONTRACT TO TRADEWINDS ELECTRIC AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO AWARD THE BOILER REPLACEMENT CONTRACT TO ASSURED HEATING & A/CAS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Mr. Czech provided a sample of the low emissivity ceiling that was proposed for the drop ceiling in the arena. He stated this type of ceiling will save energy costs. City Council Minutes June 7, 2010 Page 6 Councilmember Gumphrey asked how durable the ceiling was and if it could withstand being hit by a hockey puck. Mr. Czech stated the ceiling would be high enough where it probably wouldn't be hit by a puck but if it were he felt confident in its durability. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO AWARD THE LOW EMISSIVITY CEILING CONTRACT TO R&R SPECIALTIES AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 7.2. Discuss Staffing/Personnel Items Ms. Johnson presented the staff report, starting the discussion with allowing vacation carry over. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ALLOW VACATION CARRY OVER FOR CURRENT NON-UNION EMPLOYEES AND UNION EMPLOYEES WHOSE CONTRACT DOES NOT CONTAIN SPECIFIC VACATION CARRY OVER LANGUAGE WITH AN END DATE OF DECEMBER 31, 2015 AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Ms. Johnson continued the discussion regarding the open department head positions and how the council wanted to proceed with filling these positions or keeping them open. Councilmember Motin stated he didn't want to fill any of the positions at this time. Mayor Klinzing and Councilmembers Zerwas and Gumphrey felt it important to fill the vacant parks and recreation director position but to hold off on filling the other positions until next year. It was decided to open an aggressive search for the next director and allow current employees the opportunity to apply. 7.3. Discuss Council Worksession Agendas Ms. Johnson presented the staff report. The topic `goal visioning proposal' was added to the June 14 worksession. No items were added to the July 12 worksession. It was discussed that July 12 could be a possible date to reschedule the joint meeting with the County Board. Ms. Johnson will contact the County Board to determine their availability. Council considered cancelling the July 6 council meeting due to the holiday and items on the agenda could be heard at the special meeting on June 28. 8. Other Business There was no other business. 9. Council Updates There were no council updates. City Council Minutes June 7, 2010 10. Staff Updates Page 7 Ms. Johnson stated the City sent out a request for qualifications for the master planning for the public works facility building. She stated they sent out eight requests for the proposal and received five proposals back. Councilmember Westgaard had previously expressed an interest in being on this review committee based on his expertise. He did agree to be on this committee. Staff will contact him when the set up interviews with the staff committee. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:25 p.m. Minutes prepared by Jennifer Johnson. Tina Allard, City Clerk Stephanie Klinzing, Mayor DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, JUNE 14, 2010 Members Present: Mayor Klinzing, Councilmembers Westgaard, Motin, and Zerwas Members Absent: Councilmember Gumphrey Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Economic Development Director Catherine Mehelich, Police Chief Jeff Beahen, and City Clerk Tina Allard 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 Mayor Klinzing. 2. Consider Council Agenda "Consider Hiring a City Engineer" was added to Staff Update. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. Consider Consent Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. TEMPORARY SALES AND STORAGE FIREWORKS LICENSE TO THE FOLLOWING WITH ALL TENTS TO BE REMOVED BY JULY 11, 2010: 1. TNT FIREWORKS IN WALMART PARKING LOT. 2. RENAISSANCE FIREWORKS IN MENARDS AND CUB FOODS PARKING LOT. 3. QUENTIN NELSON (FIREWORKS FREEDOM AND FUN) IN VACANT PARKING LOT AT 18130 ZANE STREET WITH THE CONDITION THAT THE AREA ON AND AROUND THE LOCATION OF THE SALES TENT SHALL BE MOWED AND A 25 FOOT BUFFER AREA AROUND THE TENT SHALL ALSO BE MOWED. 3.2. RENEWAL OF LIQUOR LICENSES AS OUTLINED IN THE STAFF REPORT. 3.3. COMMERICAL KENNEL LICENSE TO NORA AND BOB MCLAUGHLIN DBA RIN TIN INN KENNEL VALID TO DECEMBER 31, 2010, CONTINGENT UPON PROOF OF WORKER'S COMPENSATION INSURANCE. 3.4. PRYROTECHNIC DISPLAY LICENSE TO RES SPECIALTY PYROTECHNICS VALID JULY 4, 2010 LOCATED AT THE ELK RIVER City Council Minutes June 14, 2010 Page 2 HIGH SCHOOL FOOTBALL FIELD WITH THE CONDITION THE FIRE DEPARTMENT BE PRESENT. MOTION CARRIED 4-0. 4. Oven Mike No one appeared for open mike. 5.1. Communications Policv l~Is. Allard presented the staff report. Council requested the following changes: ^ Update board/commission handbook to address open meeting law concerns with social media. ^ Information on city personnel should be directed to Human Resources. ^ Include a policy statement on social media sites that states the city reserves the right to remove any comments that include offensive language. ^ Under Communicating on Behalf of the City: o Change the last bullet point to "Personal opinions don't belong in official city statements." Delete last sentence. o Other employees may represent the city only if approved by one of these individuals to communicate on a specific topic. ^ Under ask the media representative for the following: o Include asking which organization the media contact is representing. It was Council consensus to allow comments and discussion boards on social media sites. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE COMMUNICATIONS POLICY. MOTION CARRIED 4-0. 5.2. Goal/Visioning Proposal Ms. Johnson presented the staff report. Various Councilmembers questioned the following: Council review process: When does Council get input? Want to make sure it doesn't happen too late in the process. Would like to see items that may have been rejected and the reasons for rejection. Would also like to know if staff feels there are things they can't accomplish. Ms. Johnson is to check with the facilitator regarding when to include Council in the process. Teambuilding. Felt staff had requested this as being more important than vision and goal setting. Didn't want to see it come back next year as an additional need. Implementation. It was felt that implementation is critical and want to see measurable results. Ms. Johnson stated the goals/visioning process will include the teambuilding component. She noted staff requested this approach. She stated the facilitator will come back once the City Council Minutes June 14, 2010 Page 3 implementation phase has started to gauge the results and develop additional steps that may be needed in areas that aren't working well. Ron Touchette, EDA Commissioner -Stated he is going through a similar process with the Economic Development Authority and Energy City Commission and felt this is an important and needed step. He stated staff and the other commissions need direction as a city and noted that due to the change in the economy there have been difficult challenges in the last few years. He stated this process would be beneficial to creating an internal cohesiveness and would help with establishing the Elk River brand. Chief Beahen discussed the facilitator's background. He noted each department has indi~~idual goals but asked what the direction is that everyone should be following. He stated everyone should be moving toward the same central vision/goal of the city. Ms. Mehelich encouraged the Council to participate in the visioning process. Mayor Klinzing noted that there are five individuals on the Council who don't always agree. She stated she feels Council is clear on their direction to staff but that we all need to come to a place where it is felt that the direction is clear. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE STAFF TO CONTRACT WITH JERMAINE DAVIS SEMINARS AND WORKSHOPS, INC TO FACILITATE DISCUSSION ON CREATING AND ACHIEVING ELK RIVER'S PURPOSE, VISION, AND GOALS WITH $5,000 OF FUNDS COMING FROM COUNCIL CONTINGENCY. MOTION CARRIED 4-0. 5.3. Transit Improvement Area Designation Ms. Mehelich presented the staff report. She stated this designation would serve the following purposes: ^ an additional marketing tool for private development. ^ put the city in a position to better access state and federal funds when they become available. • allow the MN Department of Employment and Economic Development to lobby legislators for multiple transit improvement areas funding. It was Council consensus that staff should proceed in preparing an application for designation of a Transit Improvement Area around the Elk River Northstar Commuter Rail station. 5.4. Discuss Meeting with Sherburne County Mayor Klinzing stated she went to a Sherburne County Board meeting to apologize about the scheduling issues with their joint meeting. She suggested meeting with the Commission during the day at one of their meetings. It was Council consensus to determine possible timeframes to meet with the Commission for a special joint meeting. Ms. Johnson will contact County staff to arrange a meeting. City Council Minutes June 14, 2010 ----------------------------- 5.5. Council Open Forum There was no discussion. 6. Other Business There was no other business. 7. Council Updates There were no Council updates. 8. Staff Updates Page 4 Call Closed Session Ms. Johnson requested Council call a closed session in order to discuss landfill litigation. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO CALL A SPECIAL CLOSED MEETING FOR 5:30 P.M., JUNE 21, 2010, IN ORDER TO DISCUSS LANDFILL LITIGATION. MOTION CARRIED 4-0. Dove Tree Conduit Bond IVIs. Johnson informed the Council that there may be an item on the next agenda regarding the Dove Tree Apartments Conduit Bonding. Consider Hiring City Engineer Ms. Johnson presented the staff report she distributed to the Council. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO HIRE JUSTIN FEMRITE AT STEP C PAY GRADE 14 WITH A START DATE OF JULY 26, 2010. MOTION CARRIED 4-0. Council recessed at 7:30 p.m. in order to meet at the public safety facility for a tour. TOUR PUBLIC WORKS FACILITY Council toured the public works facility. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:15 p.m. Tina Allard, City Clerk Stephanie Klinzing, Mayor