3.1. DRAFT MINUTES 06-20-2011DRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JUNE 6, 201 I
Members Present: Mayor Dietz, Councilmembers Zerwas, Westgaard, and Motin
Members Absent: Councilmember Gumphrey
Staff Present: City Attorney Peter Beck, Finance Director Tim Simon, Police Chief Brad
Rolfe, City Engineer Justin Femrite, Street Superintendent Phil Hals,
Assistant Street Superintendent Mark Thompson, Assistant Finance
Director Lori Ziemer, Economic Development Manager Annie Deckert,
Environmental Administrator Rebecca Haug, Environmental Technician
Nicki Blake-Bradley, GreenCorps Member Ross Pomeroy, Executive
Secretary/Deputy City Clerk 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 Dietz.
2. Consider 06/06/2011 Agenda
Mayor Dietz made the following additions to the agenda:
^ Item 5.0. Accept resignation of City Administrator
^ Item 5.0.1. Discuss separation agreement with City Administrator
^ Item 5.2.A. Consider hiring executive search firm for City Administrator
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 4-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. COUNCIL MINUTES
^ MAY 9 JOINT WORKSESSION WITH RAMSEY
^ MAY 9 WORKSESSION
^ MAY 9 CLOSED #1
^ MAY 9 CLOSED #2
^ MAY 16 BOARD OF APPEAL
^ MAY 16 REGULAR
3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
3.3. VARIOUS LICENSE REQUESTS:
A. SOLICITOR LICENSE -JASON HORST, GLENN ROOFING
AND CONSTRUCTION
City Council Minutes Page 2
June 6, 2011
B. ANNUAL RENEWAL OF RETAIL SALES/STORAGE OF
FIREWORKS - WALMART #3209 SUBJECT TO THE
FOLLOWING CONDITIONS:
1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED
NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE
(1) EXTINGUISHER MUST BE A WATER-BASED
PRESSURIZED EXTINGUISHER.
2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP
FOR AN INSPECTION.
C. MASSAGE ESTABLISHMENT LICENSE -LITTLE
REJUVINATION STATION, LLC.
D. MASSAGE THERAPIST LICENSE -KIM PURMONT, LITTLE
REJUVINATION STATION.
E. SPECIAL EVENT PERMIT FOR THE ELK RIVER ARTS
ALLIANCE FOR ARTSOUP ON JUNE 18, 2011 SUBJECT TO
THE FOLLOWING CONDITIONS:
1. CERTIFICATE OF INSURANCE SHALL BE FILED WITH
THE CITY PRIOR TO THE EVENT.
2. NOTICE OF THE EVENT SHALL BE GIVEN TO AREA
BUSINESSES AND RESIDENTS.
3. DUE TO THE HIGHWAY 169 CONSTRUCTION DETOUR,
JACKSON AVENUE IS NOT PERMITTED TO BE
CLOSED FOR SET UP ON FRIDAY, JUNE 17 BEFORE 8
P.M. OR AT THE OPINION OF CITY STAFF.
4. TENTS MUST MEET APPLICABLE STATE AND FIRE
BUILDING CODE REQUIREMENTS. NO STAKES SHALL
BE POUNDED INTO THE PAVEMENT. STAKELESS
TENTS SHALL BE USED. APPLICANT IS RESPONSIBLE
FOR CONTACTING THE FIRE MARSHAL AT 763.635.1110
OR 763.238.3489 TO SCHEDULE AN INSPECTION PRIOR
TO OPENING OF THE TENT.
5. APPLICANT SHALL PROVIDE PORTABLE TOILET
FACILITIES THROUGH A PRIVATE CONTRACTOR.
6. APPLICANT SHALL PROVIDE GARBAGE SERVICE
THROUGH A PRIVATE CONTRACTOR.
7. ALL BOOTHS, BARRICADES, ETC. MUST BE REMOVED
FROM ALL STREETS AND PUBLIC PARKING LOTS BY 10
A.M. ON SUNDAY, JUNE 19.
8. APPLICANT MUST CONTACT PARKS SUPERVISOR
RODNEY SCHREIFELS AT 763.635.1]23 IF TENTS IN THE
PARK ARE PROPOSED TO BE STAKED SO THE
IRRIGATION SYSTEMS CAN BE LOCATED.
9. THE EXTREME WEST END OF THE BOOTH LINE UP
(THAT PORTION FACING EASTBOUND MAIN STREET
TRAFFIC) SHALL BE MARKED BY AT LEAST THREE (3)
LARGE, REFLECTIVE TRAFFIC BARRELS TO PROVIDE
A SUBSTANTIAL VISUAL WARNING TO EASTBOUND
MAIN STREET TRAFFIC TO KEEP LEFT. A SIMILAR
CONFIGURATION SHOULD BE SET UP AT THE
EXTREME EAST END OF THE BOOTH LINE UP EAST
OF JACKSON AVENUE. WHERE POSSIBLE THE
City Council Minutes Page 3
June 6, 2011
BOOTHS SHOULD BE ARRANGED IN A MANNER
THAT WILL DISCOURAGE PEDESTRIAN TRAFFIC
FROM PASSING BETWEEN THEM AND CROSSING THE
STREET AT OTHER THAN THE DESIGNATED CROSS
WALK.
10. A.LL TRAFFIC CONTROL, INCLUDING SIGNS,
BARRICADES, AND CONES SHALL MEET THE
REQUIREMENTS OF THE "TEMPORARY TRAFFIC
CONTROL ZONE LAYOUT -FIELD MANUAL" AS
PUBLISHED BY THE MINNESOTA DEPARTMENT OF
TRANSPORTATION. ASKETCH OF THE PLANNED
TRAFFIC CONTROL, PREPARED BY A CERTIFIED
INSTALLER, SHALL BE SUBMITTED TO THE CITY
ENGINEER FOR REVIEW ONE WEEK PRIOR TO THE
EVENT. LISTED BELOW ARE A NUMBER OF
CERTIFIED FIRMS THAT CAN ASSIST YOU IN YOUR
TRAFFIC CONTROL NEEDS. (THERE MAY BE OTHER
COMPANIES THAT ARE NOT LISTED BELOW.)
^ NORTHERN TRAFFIC SUPPLY, INC. (763) 576-
1200
^ GEYER RENTAL -TRAFFIC DIVISION (320) 253-
9005
^ HIGHWAY TECHNOLOGIES (612) 521-4200
^ UNITED RENTALS (763) 428-1421
11. OUTSIDE FOOD SALES MUST COMPLY WITH ALL
MINNESOTA DEPARTMENT OF HEALTH RULES AND
REGULATIONS.
12. LIQUOR CAN ONLY BE SERVED BY LICENSED
LIQUOR ESTABLISHMENTS AND ONLY ON THE
PREMISES THAT HAVE BEEN APPROVED AS PART OF
THEIR LIQUOR LICENSE.
3.4. RESOLUTION 11-27 AMENDING THE MEETING TIME FOR THE
ENERGY CITY COMMISSION MEETINGS.
3.5. RESOLUTION 11-28 DIRECTING THAT THE CITY PURCHASE
PRINTER PAPER CONTAINING AT LEAST 30% POST-CONSUMER
RECYCLED CONTENT AND ENERGY STAR CERTIFIED
EQUIPMENT VERSUS NORMAL MODELS (WHEN AVAILABLE).
3.6. AUTHORIZATION TO SOLICIT FUNDS FOR FIRE PREVENTION
ACTIVITIES.
3.7. AUTHORIZATION TO PROCEED WITH PUMP INSTALLATION FOR
TANKER 2.
3.8. RESOLUTION 11-29 SUPPORTING BEING A HOST SITE FOR THE
MINNESOTA GREENCORPS MEMBERS THROUGH THE
MINNESOTA POLLUTION CONTROL AGENCY.
3.9. APPROVE MASTER CONTRACT BETWEEN THE CITY OF ELK
RIVER LAW ENFORCEMENT LABOR SERVICE UNION 271 FOR
JANUARY 1, 2011 THROUGH DECEMBER 31, 2012.
MOTION CARRIED 4-0.
City Council Mixiutes Page 4
June 6, 2011
-----------------------------
4. O en
Isabel Smith -requested use of the community garden space.
The Council had concerns with associated costs, staff time, and liability. Consensus of the
Council was for staff to meet and discuss what is involved and bring this issue back at the
June 20 meeting.
5.0. Accept Resignation of Citv Administrator
Mr. Beck distributed a resignation letter from City Administrator Lori Johnson.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ACCEPT THE RESIGNATION OF
CITY ADMINISTRATOR LORI JOHNSON EFFECTIVE JUNE 6, 2011.
MOTION CARRIED 40.
Mayor Dietz read a statement thanking Ms. Johnson for her years of dedicated service to the
City of Elk River.
5.0.1. Discuss Separation Agreement with City Administrator
Mr. Beck distributed a separation agreement between the Ciry and Ms Johnson. He
recommended approval of the agreement.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE SEPERATION
AGREEMENT AND RELEASE BETWEEN THE CITY OF ELK RIVER AND
LORI JOHNSON AS PRESENTED. MOTION CARRIED 4-0.
5.1. 2011 Street Improvement Project -Public Hearing
Mr. Femrite presented a PowerPoint outlining the proposed 2011 street improvement
project.
Mayor Dietz opened the public hearing.
Thomas Hickey, 501 Main Street -questioned why the project does not include the
approximately 150-feet of street from Gates to Main Street.
Mr. Femrite explained that portion of the road is public right of way and essentially
functions as a parking lot.
Mr. Hals noted that portion of the road is in poor condition.
Mr. Femrite indicated he will review that portion of the road with the street department. He
noted that portion may not require the same level of project being proposed in the other
areas that includes curb, gutter, etc.
Jim Osterman, Osterman -Erdman Properties, LLC -questioned how long the road is
proposed to be under construction as he owns commercial/industrial properties in the
project area and has access concerns.
City Council Minutes
June 6, 2011
Page 5
Mr. Femrite indicated that there will. be disruptions to the business access but there are
provisions in the project contract that states accesses will be open throughout the project.
Arnie Billmark, 200 Freeport Street NW -stated he owns a four unit apartment building
and questioned how the units are figured for assessments.
Mr. Femrite stated that each unit is proposed to be assessed at .25/unit resulting in an
assessment at one unit for the entire building.
Kenneth James, 126 Evans Avenue NW -questioned if a sidewalk is proposed as part of
the project.
Mr. Femrite explained that a sidewalk has not been discussed as part of this project but if the
Council desires staff could look into that option. He noted that the sidewalk could be bid as
a project alternate. He added that there was no discussion regarding a sidewalk during the
recent public informational meetings and if a sidewalk is proposed the affected property
owners should be contacted.
Mr. James questioned if there is a way to keep the large trucks off of Evans Avenue. Mr.
Femrite stated that the city can work with city vendors as well as Great River Energy to try
and reduce the amount of truck traffic.
Gene Chouinard, owner of properties on 1St and 2~d Streets in the project area -questioned
why the city determined this area needs the improvement. He noted that with the economy
it is not a good time for the assessments. Mr. Femrite explained that the roads in this area
are in very poor shape. He added that this area was identified for improvement in the 2002
Capital Improvement Plan.
Michael Cooley, 101 Evans Ave -submitted an email in favor of the project.
There being no one else to speak on this issue, Mayor Dietz closed the public hearing.
Mr. Femrite indicated that the consensus from residents at the public informational meetings
was that the project is necessary but residents expressed concern over the assessments.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 11-30
ORDERING THE IMPROVEMENT IN THE MATTER OF THE 2011 STREET
IMPROVEMENT PROJECT. MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 11-31 APPROVING
THE PLANS AND SPECIFICATIONS AND ORDERING THE
ADVERTISEMENT FOR BIDS IN THE MATTER OF THE 2011 STREET
IMPROVEMENT PROJECT. MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-32 DECLARING
COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT IN THE MATTER pF THE 2011 STREET IMPROVEMENT
PROJECT. MOTION CARRIED 4-0.
City Council Minutes
June 6, 2011
Page 6
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-33 CALLING FOR
A HEARING ON THE PROPOSED ASSESSMENT IN THE MATTER OF THE
2011 STREET IMPROVEMENT PROJECT. MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 11-34
ESTABLISHING NO PARKING ON ONE SIDE OF INDUSTRIAL
BOULEVARD NORTHWEST, MUNICIPAL STATE AID ROUTE 125. MOTION
CARRIED 4-0.
5.2. Presentation of the comprehensive Annual Financial Report and Audit Results for the Year
Ended December 31, 2010
Mr. Simon presented the staff report. He introduced Andrew Berg from Abdo, Eick, &
Meyers, who reviewed a PowerPoint presentation.
Mr. Berg presented the 2010 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, 2010. MOTION CARRIED 4-0.
5.2.A. Consider Hiring Executive Search Firm for City Administrator
Sharon Klumpp, Senior Vice President of Springsted Incorporated -outlined her firm's
agreement for executive search services. She outlined dates she is available to begin meeting
with Councilmembers individually regarding the search.
Ms. Klumpp stated that the process of finding an interim administrator will begin
immediately. She stated she will provide interview questions and background information. It
was noted that a special meeting could be called for June 27 to interview interim
administrator candidates.
Mr. Simon noted that the funding for the executive search will come from Council
Contingenry.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO ENTER INTO AN AGREEMENT FOR
EXECUTIVE SEARCH SERVICES WITH SPRINGSTED INCORPORATED AS
PRESENTED FOR AN AMOUNT NOT TO EXCEED $19,300 WITH FUNDING
FROM COUNCIL CONTINGENCY. MOTION CARRIED 4-0.
June 13 was scheduled for Ms. Klumpp to interview Councilmembers individually.
Mayor Dietz indicated that Mr. Simon has agreed to help out until an interim administrator
is in place. Mayor Dietz noted that he will be attending the department head meeting on
Tuesday.
City Council Minutes Page 7
June 6, 2011
5.3. Beach Posting Policy
Ms. Haug presented the staff report.
Councilmember Motin questioned what would happen if the average of the swimming beach
samples exceeds the limit for an extended period of time.
Ms. Haug indicated that staff will look into how other cities handle the testing and report
back to the Council at the next meeting.
5.4. Set Effective Date of Promotion and Pay Rate for Annie Deckert
Mr. Simon presented the staff report.
Councilxnember Motin indicated that he would prefer the title be changed to Economic
Development Manager to be consistent with other division head titles. Mayor Dietz
concurred.
Councilmember Zerwas explained that this person serves as Executive Diurector to the
Housing and Redevelopment Authority and the Economic Development Authority. It was
noted that those titles are set by state law.
MOVED BY MAYOR DIETZ AND SECONDED BY COUNCILMEMBER
MOTIN TO CHANGE THE TITLE FROM DIRECTOR OF ECONOMIC
DEVELOPMENT TO ECONOMIC DEVELOPMENT MANAGER. MOTION
CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO PROMOTE ANNIE DECKERT TO
ECONOMIC DEVELOPMENT MANAGER AT PAY GRADE 12, STEP A
EFFECTIVE MAY 24, 2011. MOTION CARRIED 4-0.
5.5. Authorize Hiring Process for Assistant Economic Development Position
Ms. Deckert presented the staff report.
Mayor Dietz questioned the difference between the proposed job description and the entry
level position. Ms. Deckert explained the differences. Mayor Dietz indicated he is not
convinced this position should be hired at pay grade 8.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO AUTHORIZE THE HIRING OF AN
ASSISTANT ECONOMIC DEVELOPMENT MANAGER AT PAY GRADE 8.
MOTION CARRIED 3-1. Mayor Dietz opposed.
5.6. Discuss Council Worksession Agendas
Mr. Simon presented the staff report.
It was noted that the Ice Arena Construction may be delayed until the July worksession.
Discussion on an interim city administrator was added to the June worksession.
City Council Minutes Page 8
June 6, 2011
6. Other Bpsiness
There was no other business.
7. Council Updates
Mayor Dietz explained he would like the city to have a formal exit interview process in place.
Discussion took place on who should performs the exit interview Mr. Beck suggested
obtaining guidelines from Ms. Klumpp at Springsted. Councilxnember Westgaard indicated
he would like a polity to be included in the human resource polity manual.
8. Staff Updates
There were no staff updates.
9. Adiournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:34 p.m.
Minutes prepared by Jessica Miller.
Tina Allard, City Clerk
John J. Dietz, Mayor