3.1. DRAFT MINUTES 07-05-2011DRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, JUNE 13, 201 I
Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and
Zerwas
Members Absent: None
Staff Present: Finance Director Tim Simon, Accountant Lori Stich, Fire Chief T. John
Cunningham, Director of Economic Development Annie Deckert, City
Engineer Justin Femrite, Building Official Bob Ruprecht, Director of
Operations for ERMU Troy Adams, Special Projects Consultant Vance
Zehringer, Environmental Administrator Rebecca Haug, GreenCorps
Member Ross Pomeroy, and Senior Administrative Assistant Jennifer
Johnson
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 6:34 p.m. by Mayor Dietz.
2. Consider Council Agenda
Mayor Dietz requested to add item 3.5., Special Event Permit for Buffalo Wild Wings, to the
consent agenda. He also requested to call item 5.3. before item 5.2.
Councilmember Zerwas asked to add item 6.1. to Other Business to discuss the renaming of
the title of the Economic Development Manager. He also requested that item 5.1. be
removed from the agenda as the request had been approved at the Economic Development
Authority meeting earlier in the evening.
Councilmember Motin requested item 6.2. be added to Other Business to discuss the role of
board and commission members. He requested item 6.3. be added to Other Business to
schedule a joint meeting with the Parks and Recreation Commission.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. MAY 31, 2011 MINUTES
3.2. TEMPORARY SALES/STORAGE OF FIREWORKS FOR THE
FOLLOWING WITH ALL TENTS TO BE REMOVED BY JULY 11, 2011:
1. RENAISSANCE FIREWORKS IN ELK PARK CENTER
PARKING LOT.
City Council Minutes
June 13, 2011
Page 2
2. QUENTIN NELSON IN THE MENARDS PARKING LOT.
3. QUENTIN NELSON IN THE VACANT LOT AT 18130 ZANE
ST. NW. 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.
3.3. ANNUAL RENEWAL OF LIQUOR LICENSES AS OUTLINED IN THE
STAFF REPORT
3.4. AUTHORIZATION TO SOLICIT BIDS FOR THE 2011 SEAL COAT
PROJECT
3.5. APPROVE THE SPECIAL EVENT PERMIT BY BUFFALO WILD
WINGS WITH THE FOLLOWING CONDITIONS:
1. APPLICANT MUST OBTAIN PROPERTY OWNER
PERMISSION AND NOTIFY NEIGHBORING BUSINESSES.
2. LIQUOR IS ONLY PERMITTED INSIDE THE BUILDING AND
ON THE PATIO AND IS TO BE STRICTLY ENFORCED BY
STAFF.
3. APPLICANT SHALL COMPLY WITH ALL LOCAL NOISE
ORDINANCES.
4. APPLICANT SHALL COMPLY WITH ALL APPLICABLE FIRE
CODE REQUIREMENTS.
5. APPLICANT SHALL PROVIDE FOR GARBAGE CLEAN-UP
IMMEDIATELY FOLLOWING THE EVENT.
6. APPLICANT SHALL PROVIDE ENOUGH PORTABLE
TOILETS THROUGH A PRIVATE CONTRACTOR TO
ACCOMODATE THE EXPECTED ATTENDANCE.
7. PRIOR TO DISPLAY, ANY TEMPORARY SIGNAGE MUST
RECEIVE THE APPROPRIATE PERMITS.
MOTION CARRIED 5-0.
4. Open Mike
No one appeared for open mike.
5.1. Request by ArtSout~
This item was removed from the agenda as the request had been approved at the Economic
Development Authority meeting earlier in the evening.
5.3. Review Development Scenarios to be Studied in the 17151 Area AUAR
Mr. Barnhart presented the staff report. He introduced Andi Moffatt, Project Manager, and
Kelsey Johnson, Community Planner, both with WSB & Associates, Inc.
Ms. Moffatt and Ms. Johnson both presented the technical memorandum that was provided
in the staff report. She outlined the three scenarios and explained the differences between
them.
Councilmember Westgaard stated he felt scenario #2 was consistent with the Focused Area
Study.
City Council Minutes
June 13, 2011
Page 3
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ACCEPT SCENARIOS AS OUTLINED
IN THE STAFF REPORT FOR THE 171sT AREA AUAR. MOTION CARRIED 5-
0.
5.4. Project Conserve Phase III
Ms. Haug along with Mr. Zehringer presented the staff report. They outlined the history of
Project Conserve with a PowerPoint presentation. Ms. Haug explained that Energy City has
become a unique marketing tool that has attracted the attention of a worldwide audience.
She handed out information from the U.S. State Department International Visitor
Leadership Program, and explained the great reputation Elk River has received from them as
one of the most requested stops in the U.S. In order to continue with providing residents
and business alike with creative energy efficient initiatives, the City and ERMU is requesting
approval to continue Project Conserve and begin Phase III, anticipating around 500
participants (to include apartment dwellers and commercial businesses). The program will
run from November into 2012. ERMU has budgeted funds to help run the program and
staff is requesting $10,000 be budgeted for 2012 to fund further training to conduct
commercial audits. A letter was scheduled to be mailed out tomorrow and a decision on
funding was necessary tonight in order to keep the program on schedule.
Councilmember Zerwas felt Project Conserve should be funded through ERMU, stating it
appeared to be a program that helps residents reduce energy use. He also had concerns
about the building inspectors using staff time to perform energy audits for residents at
reduced rates. He also felt frustrated that a decision had to be made that evening.
Mr. Zehringer explained that funding should be shared by both parties as it shows a good
partnership. He also stated the city handles the garbage portion of energy reduction and
natural gas or transportation reduction is also considered part of energy reduction.
Councilmember Gumphrey disagreed with Councilmember Zerwas and felt the partnership
was a valuable one.
Ms. Haug stated if funding wouldn't be available, she would look into finding available grant
funds.
Mayor Dietz stated he could see both sides but had concerns with building inspectors and
use of staff time. He requested that an energy audit rate structure be compiled to determine
if the city can recoup the costs of performing audits.
Councilmember Motin liked the idea of a partnership with ERMU but also had concerns
with building inspectors staff time. He agreed with Mayor Dietz and Councilmember Zerwas
and stated he supports Energy City's concept and recognition and awards were great
publicity, but wasn't interested in spending more money out of budget.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE UP TO $10,000 FOR PHASE III OF
PROJECT CONSERVE WITH STAFF FINDING AVAILABLE GRANT MONEY
TO ASSIST WITH THE BUDGET. MOTION CARRIED 4-1.
COUNCILMEMBER ZERWAS OPPOSED.
City Council Minutes
June 13, 2011
5.2. Discussion on City Administrator Selection Process
Page 4
Mayor Dietz introduced Sharon Klumpp, Senior Vice President of Springsted Incorporated.
Ms. Klumpp addressed the council and explained the interview process that took place
earlier that day. She interviewed the Mayor, Councilmembers, and members of the
management team to find out the current and future needs of what the consulting firm
should look for in an interim city administrator as well as a permanent city administrator.
She first explained the role of an interim administrator as someone that can manage
transition and prepare the organization for the new city administrator. She stated no big
changes should occur but the momentum of continuing projects should continue. She was
able to get a sense of the current staff levels along with workload and priorities, and areas
that were of importance to all, which included team building and communications. She felt
comfortable that she had an excellent feel for what the city needed and was confident that
she could come up with a list of possible applicants to interview. Interview date was
tentatively set for June 27 and resumes' would be provided once she determined who should
interview. It was the consensus of the council to have Ms. Klumpp work with Mayor Dietz
on the information for the June 27t" meeting.
5.5. Beach Posting Policy
Ms. Haug presented the staff report.
Councilmember Zerwas requested clarification of the policy. Ms. Haug explained the average
of five swimming beach samples in a 30-day period should not exceed a count of more than
200 fecal coliform bacteria colonies per 100 mL of water, and that no one sample should
exceed 1,000 fecal coliform bacteria colonies per 100 mL of water.
Councilmember Motin and Westgaard stated it would seem more difficult to work with a
five week average instead of the two averages a week.
Ms. Haug stated it was consistent with the Minnesota Department of Health guidelines on
maintaining healthy swimming beaches.
Mayor Dietz briefly left the room and returned.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE BEACH CLOSURE
POLICY FOR LAKE ORONO AS OUTLINED IN THE STAFF REPORT.
MOTION CARRIED 3-2. COUNCILMEMBER ZERWAS AND MOTIN
OPPOSED.
5.6. 2012 Budget and Tax Levy Discussion
Mr. Simon presented the staff report. He outlined the process of budget meetings beginning
in July. He reviewed a memo from the Office of the State Auditor on Local Results and
Innovation, a voluntary program for counties and cities to adopt a standard set of ten
performance measures that will measure residents' opinions of various services. This will be
incorporated with the community survey that will be given as part of the branding process.
Councilmember Gumphrey asked staff to prepare a resolution to adopt the ten performance
measures and bring it back to council for approval.
City Council Minutes
June 13, 2011
Page 5
Counciltnember Motin thought the budget has been prepared well but felt that staffing levels
could be improved to relieve stress and avoid burnout of current staff. He stated taxes may
have to be raised in order to do this or certain services may have to be reduced.
Mr. Simon stated he would present department personnel requests at the next budget
discussion meeting.
Mayor Dietz stated the fund balance should be reduced to 41.5% and should not be above
that amount. He was not in favor of the tax rate being increased.
Mayor Dietz passed out an e-mail from Ramsey City Administrator Kurt Ulrich with
information and figures when Ramsey switched from in-house building and electrical
inspection services to contracting with an outside company.
Councilmember Zerwas stated several other surrounding cities are also contracting their
building inspection services to an outside company. He felt this should be considered for
Elk River to determine if a cost savings could be found.
Council directed Mr. Simon to meet with Mr. Ruprecht and put together figures of what the
financial analysis like Ramsey would look like for our city and if possible, bring back to a
future worksession.
5.7. Council Open Forum
Mayor Dietz presented council with a copy of an e-mail he received from Joseph D. Strauss,
EVP & COO of the North Metro Mayors Association (NMMA). The information in the e-
mail came up after discussion occurred during the joint meeting last month with the Ramsey
City Council. It contained information regarding a membership and Letter of Understanding
to join the NMMA and the NMMA's North American Joint Purchasing Program, offering
no participation fee to purchase office products, cleaning supplies, office furniture, field
marking paint, and outdoor toilets at reduced prices. Mayor Dietz requested the attached
Letter of Understanding be sent to the city attorney for his review and requested
participation in the association.
Councilmember Zerwas stated as long as there was no fee involved, he felt the Letter of
Understanding should be sent to the city attorney.
Councilmember Motin stated he had concerns with providing council with information like
this and had other concerns with other recent items being presented during Council Open
Forum. He felt that some of this information should be given to council in the packet or
given to staff to review and respond.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO FORWARD THE NORTH METRO MAYORS
ASSOCIATION LETTER OF UNDERSTANDING TO THE CITY ATTORNEY
FOR HIS REVIEW. MOTION CARRIED 5-0.
Mayor Dietz stated the Utilities Commission would be reviewing at their meeting the next
day the topic of the odd/even sprinkling ban. There are some residents who have a well on
City Council Minutes
June 13, 2011
Page 6
their property even though they are in the urban service district and have city sewer and
water. Mayor Dietz asked the council their thoughts on whether or not those properties
should be subject to the odd/even ban.
It was the consensus of the council that the odd/even sprinkling ban should be enforced to
residents within the urban service district on city sewer and water, who also have wells on
their property, as it would be impossible to enforce the odd/even sprinkling ban.
Mayor Dietz requested the council promote the City Volunteer of the Month award as he
has only received a few applicants.
6. Other Business
6.1. Discussion of Title Change of Economic Development Manager
Councilmember Zerwas updated the council that the Economic Development Authority
voted earlier that evening to change the title of the recent appointment of Annie Deckert
from Economic Development Manager to Economic Development Director and requested
council do the same in order to remain consistent.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO CHANGE THE TITLE OF THE
RECENTLY APPOINTED ECONOMIC DEVELOPMENT MANAGER ANNIE
DECKERT TO ECONOMIC DEVELOPMENT DIRECTOR. MOTION
CARRIED 5-0.
6.2. Roles of Board and Commission Members
Councilmember Motin stated some concerns when attending the previous week's Parks and
Recreation Commission meeting. He stated it appeared that some board and commission
members are more `hands on" and have been contacting staff members with requests. He
wondered if the board and commission policy outlined the authority and role of its members
and if the staff liaison should be fielding those requests and managing city staff instead. He
felt that perhaps all the board and commissions should be reviewed to determine if the
polity should be updated.
Councilmember Westgaard stated he didn't feel the Council or staff had the time to review
each board and commission and asked Councilmember Motin what specific boards or
commission he felt needed review.
Councilmember Motin stated the Economic Development Authority should be reviewed as
well as the Parks and Recreation Commission.
Councilmember Gumphrey felt the council always has the final say in things.
Mayor Dietz stated he had a discussion with Recreation Manager Steve Benoit and Mr.
Benoit didn't feel this was an issue
Councilmember Motin requested a joint meeting with the Parks and Recreation Commission
once the Field Use Policy discussion had been finalized.
City Council Minutes Page 7
June 13, 2011
7. Council Updates
There were no Council Updates.
8. Staff Updates
8.1. Determine if Quorum will be Available for July 5 Meeting
Mayor Dietz presented the staff report. It was determined that a quorum would be available
for the July 5 city council meeting.
Mr. Simon requested that they break into Worksession to discuss budget items if the regular
agenda was light.
9. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:54 p.m.
Minutes prepared by Jennifer Johnson.
Tina Allard, City Clerk
John J. Dietz, Mayor