06-07-2010 CCM•
MEETING 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
Moon
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. Open 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.
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Dennis Butlett, 12516 - 225 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 Enercry -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 \-linutes
June 7, 2010
Page 3
Ms. Allard presented the staff report.
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 X4,167.20 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 future 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 Moon felt it fair to lower the assessment amount a property owner would
have to pay because of that.
Councilmember 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 Feasibilit; 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 Moon 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-ZS TO
City Council ylinutes
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 Uppertown 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.
CitS~ Council Minutes Page 6
June 7, 2010
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.
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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.
Other Business
There was no other business.
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.
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Tina Allard, City Clerk
Stepha a Klinzing, Ma or
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