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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