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3.1. DRAFT MINUTES 07-18-2011MEETING OF THE ELK RIVER CITY COUNCIL ~ ~~~~ HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 20, 201 I Members Present: Acting Mayor. Gumphrey, Councilmembers Zerwas, Motin, and Westgaard Members Absent: Mayor Dietz Staff Present: Finance Director Tim Simon, Planning Manager Jeremy Barnhart, City Attorney Peter Beck, Fire Chief John Cunningham, Police Chief Brad Rolfe, Various Police Staff, and City Clerk Tina Allard Also Present: None 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 Acting Mayor Gumphrey. 2. Consider 6/20/2011 Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 4-0. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 JUNE 6, 2011 COUNCIL MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. SPECIAL EVENT PERMIT TO SHERBURNE COUNTY AGRICULTURAL SOCIETY FOR THE SHERBURNE COUNTY FAIR AND PARADE WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL PROVIDE GARBAGE CLEANUP IMMEDIATELY FOLLOWING THE PARADE. 2. SIGNS SHALL BE INSTALLED AT THE FOLLOWING LOCATIONS NO LATER THAN JULY 8, 2011: ^ MAIN STREET AND MORTON AVENUE (ALERTING WESTBOUND TRAFFIC). ^ WEST OF ORONO ROAD AT MAIN STREET AND JOPLIN STREET (FOR EASTBOUND TRAFFIC). ^ ON JOPLIN STREET AT ORONO PARKWAY (ALERTING SOUTHBOUND TRAFFIC). ^ PROCTOR AND MAIN STREET (ALERTING SOUTHBOUND TRAFFIC). THE SIGNS SHALL STATE: MAIN STREET CLOSED City Council Minutes June 20, 2011 Page 2 JULY 15 6:30 PM.-8:30 P.M. PARADE 3. APPLICANT SHALL PROVIDE PORTABLE TOILETS AND INFORM ALL PARADE STAFF OF THE LOCATION FOR THE TOILETS DURING PARADE STAGING. 4. APPLICANT SHALL ENSURE THAT ALL APPLICABLE FIRE CODES HAVE BEEN MET AND ALL TENTS MUST BE INSPECTED BY THE FIRE MARSHAL'S OFFICE. 5. APPLICANT SHALL PROVIDE THE ELK RIVER FIRE DEPARTMENT, DIVISION OF EMERGENCY MANAGEMENT, WITH A COPY OF THE EMERGENCY OPERATIONS PLAN TO INCLUDE, BUT NOT LIMITED TO, APPROPRIATE ANNEXES FOR SEVERE WEATHER. G. ACCESS TO THE PUBLIC SAFETY COMPLEX, INCLUDING THE REAR ENTRANCE AREA, SHALL NOT BE OBSTRUCTED. 7. CANDY MAY BE HANDED OUT AT THE PARADE BUT IS NOT ALLOWED TO BE THROWN FROM MOVING OBJECTS. 3.4. PYROTECHNIC FIREWORKS DISPLAY LICENSES TO RES SPECIALTY PRYROTECHNICS, INC. TO CONDUCT A PYROTECHNIC DISPLAY FROM THE ELK RIVER HIGH SCHOOL FOOTBALL FIELD ON JULY 4, 2011 WITH THE FOLLOWING CONDITIONS: 1. FIRE DEPARTMENT UNITS SHALL BE PRESENT. 2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.238.3489 FOR APRE-LOADING INSPECTION. 3.5. RENEWAL OF THE FOLLOWING LIQUOR LICENSES FROM JULY 1, 2011 THROUGH JUNE 30, 2012. ON-SALE LIQUOR ^ AMERICAN LEGION ^ TIME OUT RESTAURANT AND SPORTS BAR ON-SALE SUNDAY ^ AMERCCAN LEGION ^ TIMEOUT RESTAURANT AND SPORTS BAR ^ EAGLES CLUB CLUB ^ EAGLES CLUB 3.G. RESOLUTION 11-35 APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ELK RIVER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT. 3.7. RESOLUTION 11-36 AUTHORIZING A TRANSFER FROM THE MUNICIPAL LIQUOR FUND TO THE PARK IMPROVEMENT FUND. 3.8. RESOLUTION 11-37 ADOPTING THE PERFORMANCE MEASURES. 3.9. SPECIAL EVENT PERMIT TO THE ELK RIVER INDEPENDENCE DAY COMMITTEE FOR AN INDEPENDENCE DAY CELEBRATION ON JULY 4, 2011 WITH THE FOLLOWING CONDITIONS: 1. NOTICE OF THE EVENT SHALL BE GIVEN TO AREA RESIDENTS AND BUSINESSES. 2. COMMITTEE SHALL PROVIDE GARBAGE AND RECYCLING THROUGH A PRIVATE CONTRACTOR. ANY DEBRIS IN THE PARK SHALL BE CLEANED UP IMMEDIATELY FOLLOWING THE EVENT. City Council Minutes June 20, 2011 Page 3 3. THE COMMITTEE SHALL PROVIDE ENOUGH PORTABLE TOILET FACILITIES THROUGH A PRIVATE CONTRACTOR TO ACCOMMODATE THE EXPECTED ATTENDANCE. THE COMMITTEE WILL COORDINATE LOCATIONS FOR THE TOILET FACILITIES THROUGH THE PARK MAINTENANCE SUPERVISOR. 4. PROOF OF INSURANCE WITH MINIMUM COVERAGE LIMITS OF ONE MILLION DOLLARS AND THE CITY NAMED AS AN ADDITIONAL INSURED SHALL BE REQUIRED PRIOR TO THE EVENT. MOTION CARRIED 4-0. 4. Open Mike No one appeared for Open Mike. 5.1. Recognition of Retirement of CSO Bob Swenson Chief Rolfe highlighted CSO Swenson's service to the city. The City Council thanked Mr. Swenson for his service and Acting Mayor Gumphrey read and presented a plaque to him. 6.1. Request by Devin Peterson (Peterson Construction) on Behalf of Thai Buddhist Center of Minnesota for a Conditional Use Permit for Institutional Use in R1a Zonin District 10863 208th Avenue. Case No. CU 11-08, Public Hearin Mr. Barnhart presented the staff report. Acting Mayor Gumphrey opened the public hearing. There being no one to speak to this issue, Acting Mayor Gumphrey continued the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO CONTINUE THIS ITEM AND THE PUBLIC HEARING TO JULY 18, 2011. MOTION CARRIED 4-0. 6.2. Wapiti Park Campground. Inc. Public Hearing A. Conditional Use Permit B. Liquor Licenses Mr. Barnhart presented the staff report and reviewed the revocation process. He discussed the history of Wapiti Park's conditional use permit. He summarized the following issues: ^ The 1984 permit had a condition that stated the campground must comply with Minnesota Statutes. ^ There are a number of storage sheds that appear to be over 120 square feet or are less than 10 feet away from an existing vehicle. ^ There are several porches and additions that are attached and are inconsistent with a recreational camping vehicle. ^ There are a number of unlicensed vehicles on the property which is inconsistent with state requirements for recreational campground vehicles. City Council Minutes June 20, 2011 Page 4 ^ There are vehicles with no wheels or that have permanent skirting attached that make it impossible to know whether they even have wheels on them. ^ There is no Emergency Removal Plan for removal of vehicles within six hours of a flood event. ^ Many vehicles don't comply with Minnesota Statute 327.10 through 327.28. Staff is concerned the area is not being used exclusively for tenting and recreational vehicles as defined by the State. ^ There are 23 people who have listed Wapiti Park as their permanent residence according to police reports from the past five years. ^ Rigid piping and permanent insulation is inconsistent with a recreational vehicle designed for travel. ^ There is a park model trailer with an addition. ^ Two additions are attached to one camper and permanent additions are attached to various other campers. Mr. Barnhart reviewed photos taken in March 2011 highlighting some of the non- compliance issues noted above. He also reviewed a photo of the type of accessory structure that would be appropriate for recreational vehicles. Acting Mayor Gumphrey opened the public hearing for both the revocation of the conditional use permit and for non-renewal of the 3.2 percent liquor licenses. Bryan Battina, attorney representing Wapiti Park -Stated the photos presented to Council aren't accurate or sufficient. He provided three photos for Council review. He stated PVC pipe is no different than flexible tubing and can be removed at any time. He stated he expected more evidence to be presented. He stated many of the photos shown are outdated as he was at Wapiti Park last week and noted many of the additions have been taken down or people have vacated the campground. Adam Kaatz, attorney representing Wapiti Park -Stated Wapiti Park Campground has been operating prior to the city's adoption of the Elk River City Code. He stated at that time Wapiti Park became a legal non-conforming use. He stated the August 17, 1998 staff report was a separate agreement and not part of the conditional use permit. He stated he has been unable to locate a copy of the conditional use permit. He stated the Sherburne County Recorder's office doesn't have a 1984 conditional use permit filed in their office. He requested a copy of this permit from the Council. He stated the August 1998 memo, by Steve Rohlf, doesn't mention any amendment to the conditional use permit. Mr. Kaatz stated Minnesota Statute 327.10-327.28 discusses vehicles "designed for use" whereas the staff report discusses actual use of the vehicles. He stated the structures at Wapiti Park are designed to be used within the recreational campground statute. He stated any longer term residents that were at Wapiti Park left because they thought they were going to be kicked out of the campground in the middle of winter. He stated that because some vehicles aren't licensed to travel, it doesn't mean the vehicle isn't designed to be a temporary dwelling. He stated the people on probation may not necessarily know what they are putting down as their address and he would need to review this. Mr. Kaatz stated he doesn't understand how an addition connected to a recreational vehicle has anything to do with how the vehicle was designed. He stated everything at Wapiti Park can be taken down quickly. He stated all the trailers can pull out from the breezeways and entryways. He stated every vehicle has wheels on it with the exception of the mobile home, which currently isn't being rented. City Council Minutes June 20, 2011 Page 5 Mr. Kaatz stated the finding (for approval of a conditional use permit that the use will not endanger, injure, or detrimentally affect the public health, safety, morals of the neighborhood) is not a condition of the permit and shouldn't be used as evidence for the revocation of Wapiti's conditional use permit as it would be illegal. Mr. Kaatz stated it makes no sense for his client to pay the $225 liquor license fee because the City Council denied the consumption and display permit previously. He stated the building is a legal non-conforming use and Wapiti Park should never have been required to obtain an interim use permit. He stated the building is an accessory structure serving the principle use of the campground and under Minnesota law and Elk River Code should have been allowed to be rebuilt. He requested specific violations of the conditions of the conditional use permit. Councilmember Westgaard questioned if the applicant is withdrawing their liquor applications. Mr. Kaatz stated yes. Mr. Kaatz then recanted after consulting with Mr. Battina and further stated if the basis for denial of the liquor licenses is for non-payment of the fee, then they will pay the fee. He stated the building is not an illegal use and if that is what is holding up the liquor application, then they wish not to withdraw and if the city would like the fee paid, it will be turned in as soon as possible. Isabelle Smith, 18252 Concord Street -Stated Council should consider how the people living at Wapiti Park will be affected. She stated it would be nice if the city had more affordable homes for people. Mr. Kaatz submitted a petition in support of Wapiti Park. There being no one else to speak to these items, Acting Mayor Gumphrey closed the public hearing. Attorney Beck stated staff attempted to go out to Wapiti Park last week to reconfirm some of the issues, such as the rigid piping, wheels on vehicles, and the additions, but were asked to leave the site by Wapiti personnel. He highlighted the record before the City Council, including the documentation in the staff report, which all goes to whether Wapiti Park is a recreational campground as defined by state law. He stated the condition of the conditional use permit is that Wapiti Park comply with the requirements of Chapter 327. He stated staff's conclusion, as noted in the record and the photos, is that the campground is not being used exclusively for recreation and travel. He stated the "design for use" doesn't matter if the vehicles are being used for permanent residential use. He noted that recreational vehicle is also defined in Chapter 168 of state law as "... a vehicle that is not used as a residence of the owner or occupant..." He stated the concern has never been about having a campground at Wapiti Park but rather that it is being used as a residence, which is not consistent with state law and the conditional use permit requirements. Attorney Beck stated if the City Council wants to proceed with revocation of the conditional use permit based on the record and testimony presented this evening, they could direct staff to prepare a resolution with findings of fact for consideration at a future meeting. He stated non-payment of the liquor fee is one of the findings for non-renewal of the liquor licenses. He stated the purpose of the fee is to take care of administrative costs associated with City Council Minutes June 20, 2011 Page 6 processing the applications. He stated the liquor licenses could also be considered at a future meeting and the resolution updated. Councilmember Westgaard noted this item has been reviewed by the City Council for months and the activity at the Park hasn't been consistent with the conditions of the conditional use permit. He stated it is great if Wapiti Park has made changes but the fact that staff hasn't been allowed to revisit the site to determine compliance is troubling. He stated the issue comes down to whether Wapiti Park is being used as a campground as it was originally intended and as the conditional use permit allows. He stated it is misleading to have 300 people sign a petition that states the city wants to shut down a family business. He stated the City Council has never had any intentions in shutting down a family business. He stated the only intention has been to make sure it is compliant and meets the conditions of the permit, which is as a campground and not a housing development or mobile home park. He stated Wapiti Park is not meant for permanent residency. He discussed the piping, the additions, and sheds that have been added on and how they violate the conditional use permit. He stated he would love to see Wapiti Park continue to be in business for a long time. He stated it is tough to consider the liquor license renewals when the application is incomplete. Councilmember Motin concurred. He stated the city is not trying to force anyone out but wants to ensure safety can be maintained. He stated people have come to the previous Planning Commission and City Council meetings to talk about how their kids go to school and take the bus from Wapiti Park. He stated the city has tried to work with Wapiti Park for over a year. He stated the city would like the septic system to be inspected so they can make sure it is safe. He stated the owner has refused to have the septic system inspected by a certified inspector. He referenced a news story and stated the City Council has never discussed having the property developed into housing. He stated the conditions of the permit are not being met. He stated he finds the requirements of the permit are not being met based on the evidence presented. He stated he wished the owner would attempt to meet the requirements. Councilmember Zerwas concurred with both Councilmember Westgaard and Motin. He stated the evidence of non-compliance goes back over 25 years. He stated Wapiti Park has agreed to do things and never does them. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO DIRECT STAFF TO PREPARE A RESOLUTION REVOKING THE WAPITI PARK CONDITIONAL USE PERMIT. MOTION CARRIED 4-0. Attorney Beck recommended continuing consideration of the liquor licenses to June 27, 2011. He stated if the resolution was ready for the conditional use permit it could be added to the same agenda. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO CONTINUE CONSIDERATION OF THE LIQUOR LICENSES TO THE JUNE 27, 2011 SPECIAL CITY COUNCIL MEETING. MOTION CARRIED 4-0. Attorney Beck stated Wapiti Park is suing the city for denial of the Interim Use Permit and the Consumption and Display Permit. He suggested scheduling a closed meeting to discuss Ciry Council Minutes June 20, 2011 Page 7 the lawsuit for Monday, June 27, 2011. He asked for feedback on the attorney to represent the city. The City Council concurred with George Hoff being the attorney on this issue. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO HOLD A CLOSED CITY COUNCIL MEETING FOR MONDAY, JUNE 27, 2011 AT 6:00 P.M. TO DISCUSS THE WAPITI PARK LAWSUIT. MOTION CARRIED 4-0. 6.3. Action Steps: Enforce Zoning Standards on Primary Corridors Mr. Barnhart presented the staff report. Discussion was held on whether additional streets should be considered as primary corridors. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ACTIVELY ENFORCE ZONING STANDARDS ON PRIMARY CORRIDORS AS FOLLOWS: 1. IDENTIFY THE PRIMARY CORRIDORS AS: HIGHWAY 10, HIGHWAY 169, MAIN STREET, SCHOOL STREET, FREEPORT STREET, ZANE STREET, AND JACKSON AVENUE. 2. STAFF TO INITIATE THE REVIEW OF PROPERTIES FOR COMPLIANCE WITH THE SIGN ORDINANCE AND ISSUE NOTIFICATION LETTERS TO THOSE INCONSISTENT WITH THE REQUIREMENTS. 3. STAFF TO INITIATE THE REVIEW OF PROPERTIES FOR PROPERTY MAINTENANCE STANDARDS. 4. REVIEW DEVELOPMENT APPLICATIONS, IDENTIFY WAYS TO MEET ADDRESS DESIGN, LANDSCAPING, LIGHTING, AND PROPERTY MAINTENANCE STANDARDS. MOTION CARRIED 4-0. 7.1. Communi Garden-Verbal U date Mr. Simon noted staff is still moving forward on the community garden project in Orono Park. He stated the city has set the expectation that it doesn't want to have more involvement that it had previously due to staffing schedules. He stated the Activity Center Department has an interest in the community garden and would work with Charlotte Strei of RSVP to build a partnership of volunteers to run the gardens. He stated it isn't worked out yet but the city is viewing this as a successful long-term project. He stated a more formal update will be provided after the details are worked out. Isabelle Smith- Stated she is happy to participate in this project. 7.2. Recluest Authorization to Hire Community Service Officer II Chief Rolfe presented the staff report. City Council Minutes June 20, 2011 Page 8 MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO HIRE JEFF PREHATNEY AS A COMMUNITY SERVICE OFFICER II BEGINNING IN JULY AT PAY GRADE 3, STEP B. MOTION CARRIED 4-0. 7.3. Council Participation in 2011 Sherburne County Fair Councilmember Zerwas stated he would be participating in the parade. Councilmembers Motin and Westgaard were interested in participating but needed to check their schedules. 8. Other Business District 16B Representative Mary Kiffineyer discussed the budget, LGA, state shut-down and noted if anyone had any questions or concerns they could contact her. Council Updates There were no Council Updates. 10. Staff Updates Special Meeting Mr. Simon noted that a special closed meeting might be scheduled for Monday, June 27 at 6:00 p.m. to discuss union negotiations and another special meeting will be called to interview interim city administrators. Attorney Beck suggested a motion calling a special meeting to discuss Wapiti Park. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BE COUNCILMEMBER MOTIN TO CALL SPECIAL CLOSED MEETINGS FOR MONDAY, JUNE 27, 2011 TO DISCUSS WAPITI PARK LITIGATION, AND UNION NEGOTIATIONS. MOTION CARRIED 4-0. 11. Adjournment There being no further business, Acting Mayor Gumphrey adjourned the meeting of the Elk River City Council at 7:40 p.m. Tina Allard, City Clerk John J. Dietz, Mayor F~AF~` CLOSED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 27 201 1 Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and Motin Members Absent: None Staff Present: Finance Director Tim Simon, City Attorney Peter Beck, Planning Manager Jeremy Barnhart, Police Chief Brad Rolfe, and City Clerk Tina Allard Also Present: Attorney George Hoff 1. Call Meeting To Order Pursuant to due call and notice thereof, the closed meeting of the Elk River City Council was called to order at 6:18 p.rn. by Mayor Dietz. 2. Closed Meeting-Attorney-Client Privil~e, Wapiti Lawsuit The purpose of the closed meeting was to discuss the lawsuit involving Wapiti Park Campground, Inc. pursuant to MN Statute 13D.05, subdivision 3(b), attorney-client privilege. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 7:00 p.m. John J. Dietz, Mayor Tina Allard, City Clerk DRAFT CLOSED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY MALL MONDAY, JUNE 27 201 1 Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and Motin Members Absent: None Staff Present: Finance Director Tim Simon, Police Chief Brad Rolfe, Police Captains Bob Kluntz and Ron Nierenhausen, City Attorney Peter Beck, Human Resources Representative Lauren Wipper, and City Clerk Tina Allard Also Present: Attorney's Mark Mathison and Bryan Seders 1. Call Meeting To Order Pursuant to due call and notice thereof, the closed meeting of the Elk River City Council was called to order at 5:33 p.m. by Mayor Dietz. 2. Closed Meeting, Labor Negotiation Discussion The purpose of the closed meeting was to discuss labor negotiation strategies for Patrol Union LELS Local 231 pursuant to MN Statute 13D.03, subdivision 1(b). 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 6:15 p.m. John J. Dietz, Mayor Tina Allard, City Clerk DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JULY 5, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Westgaard, Gumphrey, and Motin Members Absent: None Staff Present: Finance Director Tim Simon, Building Maintenance Supervisor Gary Lore, IT Manager Bob Pearson, Recreation Manager Steve Benoit, Senior Center Coordinator Sue Kostanshek, Golf Course Superintendent Paul Anderson, Librarian Mick Stoffers, Park Maintenance Supervisor Rodney Schreifels, Accountant Lori Stich, and Executive Secretary/Deputy City Clerk Jessica Miller 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 07/05/2011 Agenda Items 3.1. and 3.6.B. were removed from the consent agenda for discussion after open mike. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA AS AMENDED: 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. MASSAGE THERAPIST LICENSE TO JESSICA HOHMAN, SIMONSON'S SALON AND DAY SPA UNTIL DECEMBER 31, 2011. 3.4. MASSAGE THERAPIST LICENSE TO KAKI OLSON, THE LITTLE REJUVINATION STATION UNTIL DECEMBER 31, 2011. 3.5. SOLICITOR LICENSE - FAYSAL HASAN, BLAINE ANOKA ICE CREAM UNTIL DECEMBER 31, 2011. 3.6. A. AUTHORIZATION TO COMPLETE THE FOLLOWING ORDINANCE AMENDMENTS AS OUTLINED IN THE STAFF REPORT: 1. VARIANCES 2. LANDSCAPING MOTION CARRIED 5-0. City Council Minutes Page 2 Duty s, 2011 4. Oven Mike No one appeared for Open Mike. 3.1. Tune 13 Council Minutes Councilmember Motin stated that the motion on June 13 for item 6.1. was to change Annie Deckert's title to Director of Economic Development rather than Economic Development Director. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO AMEND ITEM 6.1. OF THE JUNE 13, 2011 COUNCIL MINUTES SO THE TITLE OF THE RECENTLY APPOINTED ECONOMIC DEVELOPMENT MANAGER ANNIE DECKERT IS CHANGED TO DIRECTOR OF ECONOMIC DEVELOPMENT. MOTION CARRIED 5-0. 3.6.B. Authorization to Initiate a Conditional Use Amendment to Amend the Planned Unit Development Agreement for Trott Brook Farms Mayor Dietz questioned why the city is responsible for the approximately $400 cost of property owner notification when an individual has requested the variance. He requested that this item be continued to July 11 when Planning Manager Jeremy Barnhart can be present to address questions. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO CONTINUE THE REQUEST FOR AUTHORIZATION TO INTIATE A CONDITIONAL USE AMENDMENT TO AMEND THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR TROTT BROOK FARMS (ITEM 3.6.B.) TO THE JULY 11, 2011 MEETING. MOTION CARRIED 5-0. 5.1. Award of Contract for Hail Damage Reroof Project Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AWARD THE HAIL DAMAGE REROOF CONTRACT TO TIMBER TOP ROOFING IN THE AMOUNT OF $76,978. MOTION CARRIED 5-0. 5.2. Avorove Contract for Interim City Administrator Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE INTERIM CITY ADMINISTRATOR EMPLOYMENT AGREEMENT WITH ROBERT D. THISTLE AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. s.3. Discuss Council Worksession Agendas Mr. Simon reviewed the draft worksession agendas for July and August. City Council Minutes July 5, 2011 Page 3 Item 3.6.B. from above, authorization to initiate a conditional use amendment to amend the planned unit development agreement for Trott Brook Farms, was added to the July 11 worksession agenda. It was noted that it may be helpful to discuss the Ice Arena budget on August 8 when the expansion update is discussed. The Council recessed into the Upper Town Conference Room at 6:43 p.m. for budget discussion. The meeting reconvened at 6:46 p.m. 6.1. 2012 Budget Discussion Finance Mr. Simon presented the finance goals and budget. The only notable change is an increase in operating supplies for an outdated computer. Mr. Simon discussed seeking RFP's for auditing services in the next year or two. Council consensus was for Mr. Simon to report back. Legal This budget was reduced from 2011 based on the average amount per month spent on prosecuting attorney fees. Information Technology Mr. Pearson reviewed the information technology budget and goals. Mr. Pearson requested that his assistant's title be changed to assistant IT manager. He stated that he is working with human resources to develop a job description and he would stay within budget by reducing summer intern hours. Building Maintenance Mr. Lore reviewed the building maintenance budget and goals. Mr. Lore explained his personnel requests which include a maintenance technician position and moving apart-time custodian to full-time. Mayor Dietz noted that the new employee at ERMU is a licensed electrician which may be helpful for building maintenance staff. Discussion about creating a single building maintenance budget was held. Mr. Simon indicated this can be discussed in detail at a later date. Senior Center Ms. Kostanshek reviewed the senior center budget and goals. She explained that her budget includes a capital outlay request for air conditioning unit replacements and a database management system. Park Maintenance Mr. Schreifels reviewed the park maintenance budget and goals. He explained his personnel requests which include increasing a seasonal employee's hours to six months out of the year. It was noted that a position currently split 50/50 between the ice arena and park City Council Minutes July 5, 2011 Page 4 maintenance is proposed to be moved to a full-time employee for the arena with remaining funds going to seasonal park maintenance hours. Mr. Simon indicated this item will be discussed in greater detail during the ice arena budget discussion. It was noted that the skatepark replacement will need to be added to the Capital Improvement Plan in the future for discussion. Mayor Dietz questioned if the lawn care contracts for the entire city can be combined to get better pricing. Mr. Schreifels indicated that he and Mr. Lore have discussed combining all of the lawn care contracts for the city and ERMU into one and plan to do so for 2012. Becrreation Mr. Benoit reviewed the recreation budget and goals. He outlined his personnel request which includes a recreation assistant. Councilxnember Gumphrey expressed an interest in exploring the city staffing the concession stand at the Youth Athletic Complex. Pinewood Golf Course Mr. Anderson reviewed Pinewood's budget and goals. The condition of the club house was discussed. Library Ms. Stoffers reviewed the library's budget and goals. Capital Outlay Mr. Simon reviewed the 2012 requested Capital Outlay items. It was the consensus of the Council that they like the current budget process where the department or division head is present for review of the budget to answer any questions. 7. Other Business Mr. Simon stated that an informational memo is included in the packet from City Engineer Justin Femrite. Mr. Simon questioned if the Council is interested in having a presentation from the City of Rogers on the Interchange TH101 and CR44 project. Council consensus was that they were not interested in having a presentation from Rogers on this item. Consensus was to provide a letter or resolution of support for the project but not the requested financial contribution. 8. Council Updates There were no Council updates. 9. Staff Updates There were no staff updates. City Council Minutes July 5, 2011 10. Adjournment Page 5 There being no further business, Mayor Dietz adjourned the meeting of the Elk River Ciry Council at 8:54 p.m. Minutes prepared by Jessica Miller. Tina Allard, Ciry Clerk John J. Dietz, Mayor