4.1. DRAFT MINUTES 09-19-2011DRAFT
SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
THURSDAY, SEPTEMBER 8, 201 I
Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Gumphrey, and Westgaard
Members Absent: None
Staff Present: Executive Secretary/Deputy City Clerk Jessica Miller
Also Present: Senior Vice President Sharon Klumpp, Springsted, Inc.
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 1:04 p.m. by Mayor Dietz.
2. City Administrator Interviews
The Council interviewed four candidates for city administrator.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO OFFER THE CITY ADMINISTRATOR
POSITION TO KEVIN EARNER AND IF MR. EARNER DECLINES THE
POSITION, TO OFFER THE POSITION TO CALVIN PORTNER. MOTION
CARRIED 5-0.
Council consensus was for Ms. Klumpp to conduct contract negotiations with Mr. Lahner
and report back to the Council.
3. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 6:56 p.m.
Minutes prepared by Jessica Miller.
Tina Allard, City Clerk
John J. Dietz, Mayor
"'AFT
CLOSED SESSION OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
TUESDAY, SEPTEMBER 6, 201 I
Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard, and Motin
Members Absent: None
Staff Present: Interim Ciry Administrator Bob Thistle, Police Chief Brad Rolfe,
Administrative Police Captain Bob Kluntz, Patrol Captain Ron
Nierenhausen, Human Resources Representative Lauren Wipper, and Ciry
Clerk Tina Allard
Call Meeting To Order
Pursuant to due call and notice thereof, the closed meeting of the Elk River Ciry Council was
called to order at 5:30 p.m. by Mayor Dietz.
2. Closed Session - Labor Negotiations
The purpose of the closed meeting was to discuss negotiations with LELS Loca1231
pursuant to MN Statute 13D.03.
Adjournment
There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River
City Council at 5:35 p.m.
Tina Allard, City Clerk
John J. Dietz, Mayor
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SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, SEPTEMBER 6, 201 I
Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Gumphrey, and Westgaard
Members Absent: None
Staff Present: Interim City Administrator Bob Thistle, Finance Director Tim Simon,
Police Chief Brad Rolfe, Administrative Captain Bob Kluntz, Patrol
Captain Ron Nierenhausen, Human Resources Representative Lauren
Wipper, Accounting Clerk Lori Stich, Director of Economic Development
Annie Deckert, Economic Development Director Assistant Clay Wilfarht,
Assistant Street Superintendent Mark Thompson, and City Clerk Tina
Allard
Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 5:40 p.m. by Mayor Dietz.
2. Parks and Recreation Director Interviews & Direction
The Council interviewed two candidates for the Parks and Recreation Director position.
Council consensus was to select Michael Hecker as the first choice for the position and that
Mr. Thistle could negotiate on the position salary pay range, moving allowance (no more
than $2,000), and vacation time.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO GIVE INTERIM ADMINISTRATOR
BOB THISTLE NEGOTIATION RIGHTS IN MAKING AN OFFER TO
MICHAEL HECKER AND THAT IF HE DOESN'T ACCEPT THE POSITION,
THEN HE COULD NEGOTIATE WITH THE SECOND CANDIDATE, TIM
WEBBER ON AN OFFER. MOTION CARRIED 5-0.
3. Recess -Move to Council Chambers for Regular Business
Council recessed at 7:20 p.m. in order to hold a portion of their meeting on camera in the
Council Chambers.
4. Reconvene Meeting
Council reconvened at 7:22 p.m.
5. Consider Council Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
City Council Minutes Page 2
September 6, 2011
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6. Consent Agenda
Council requested to pull Item 6.12. and 6.13. from the Consent agenda and to add it to the
September 12, 2011 Council meeting agenda when the Fire Chief could be present.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING
CONSENT AGENDA:
6.1. COUNCIL MINUTES
^ AUGUST 15 REGULAR
^ AUGUST 22 SPECIAL
6.2. CHECK REGISTER AS OUTINED IN THE STAFF REPORT.
G.3. SPECIAL EVENT PERMIT AND TEMPORARY ON-SALE LIQUOR
LICENSE TO THE EAGLES CLUB FOR SATURDAY, OCTOBER, 8, 2011
WITH THE FOLLOWING CONDITIONS:
1. THE LIQUOR LICENSE IS NOT VALID UNTIL APPROVED BY
THE COMMISSIONER OF PUBLIC SAFETY.
2. ALCOHOL MUST BE LIMITED TO AN AREA THAT IS .FENCED
IN WITH SECURED AND CONTROLLED ACCESS AND BE
COMPACT AND CONTIGUOUS TO THE ESTABLISHMENT. AGE
VERIFICATION IS REQUIRED AND WRIST BAND CONTROL IS
RECOMMENDED.
3. NEIGHBORING PROPERTY OWNERS MUST BE NOTIFIED OF
THE EVENT.
4. PERMISSION TO USE PRIVATE PROPERTY FOR PARKING MUST
BE OBTAINED PRIOR TO THE EVENT.
5. ALL APPLICABLE NOISE ORDINANCES MUST BE FOLLOWED.
6. IF TENTS ARE TO BE USED THEY MUST BE INSPECTED BY
THE FIRE MARSHAL PRIOR TO THE EVENT. APPLICANT MUST
CONTACT THE FIRE MARSHAL AT 763.635.1110 TO SCHEDULE
AN INSPECTION.
6.4. SPECIAL EVENT PERMIT TO EARLY CHILDHOOD FAMILY
EDUCATION (ECFE) FORA 2K AND A 5K RUN/WALK SCHEDULED
FOR SATURDAY, OCTOBER 8, 2011 WITH THE FOLLOWING
CONDITIONS:
1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN-
UP IMMEDIATELY FOLLOWING THE EVENT.
2. WALKERS/RUNNERS ARE TO UTILIZE SIDEWALKS, TRAIL
SYSTEMS, OR ROAD SHOULDERS THROUGHOUT THE ENTIRE
ROUTE. NO ROAD CLOSURES WILL BE PERMITTED. IT IS
EACH RUNNER'S RESPONSIBILITY TO ENSURE THE
STREETS/INTERSECTIONS ARE SAFE PRIOR TO CROSSING.
3. ECFE SHALL DESIGNATE RACE MARSHALS TO MONITOR THE
RACE ROUTE AND PARTICIPANTS.
6.5. HIRE CHRIS TEFF AS STREET DIVISION LABORER AT STEP A, PAY
GRADE 2.
6.6 EXTEND CONDITIONAL USE PERMIT, CASE NO. CU 10-00 TO
MARCH 15, 2014.
6.7. MASTER LABOR AGREEMENT BETWEEN THE CITY OF ELK
RIVER AND LAW ENFORCEMENT LABOR SERVICES LOCAL 231
FOR JANUARY 2011 TO DECEMBER 31, 2012.
City Council Minutes
September 6, 2011
Page 3
6.8. JAY JOHNSON CONSTRUCTION TO COMPLETE DEMOLITION,
PREPARE HEALTH AND SAFETY PLAN, AND REMOVE THE
BUILDING AT 824 RAILROAD DRIVE AS DESCRIBED IN THE
REQUEST FOR PROPOSAL IN THE STAFF REPORT.
6.9. PUBLICATION OF DRAFT 171sT AUAR FOR 30 DAY PUBLIC
COMMENT PERIOD.
6.10. PROMOTE MARCI SPRINGSTEEN TO RECORDS CLERK,
EFFECTIVE OCTOBER 1, 2011 BEGINNING AT STEP E, PAY GRADE 4
AND BEGIN FILLING THE POSITION OF
SECRETARY/ RECEPTIONIST.
6.11 FOR THE FIRE DEPARTMENT DANCE: TEMPORARY 3.2 PERCENT
MALT LIQUOR LICENSE TO THE ELK RIVER LIONS FOR
SEPTEMBER 10, 2011 WITH THE FOLLOWING CONDITIONS:
1. RECEIPT OF A CERTIFICATE OF INSURANCE NAMING THE
CITY OF ELK RIVER AND SHERBURNE COUNTY AS
ADDITIONAL INSURED.
2. ALCOHOL MUST BE LIMITED TO AN AREA THAT IS FENCED
IN WITH SECURED AND CONTROLLED ACCESS. AGE
VERIFICATION IS REQUIRED AND WRIST BAND CONTROL IS
RECOMMENDED.
TEMPORARY ON-SALE LIQUOR LICENSE FOR A COMMUNITY
EVENT TO MCCOY'S RESTAURANCTS, INC. D/B/A/ MCCOY'S PUB
FOR SEPTEMBER 10, 2011 WITH THE CONDITION THAT ALCOHOL
MUST BE LIMITED TO AN AREA THAT IS FENCED IN WITH
SECURED AND CONTROLLED ACCESS. AGE VERIFICATION IS
REQUIRED AND WRIST BAND CONTROL IS RECOMMENDED.
MOTION CARRIED 5-0.
7. Open Mike
No one appeared for open mike.
8.1. Resolution Calling for a Public Hearing on the Issuance of Revenue Bonds and Ratifying the
Publication of a Notice of Hearing_(Guardian Angels Project,
Mr. Simon presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-50 CALLING
FOR A PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS AND
RATIFYING THE PUBLICATION OF A NOTICE OF HEARING (GUARDIAN
ANGELS PROJECT). MOTION CARRIED 5-0.
8.2. Discuss Council Worksession Agendas
Mr. Thistle presented the staff report.
Council consensus was to accept the agendas as presented and to add the two fire
department items from the Consent agenda to the September 12 agenda. Council also
requested discussion on the snowplow plan which will be on the October 3 agenda.
City Council Minutes Page 4
September 6, 2011
10. Other Business
Councilmember Motin asked that IT staff look at options for improving cell phone
service/reception in City Hall as he has difficulty getting and receiving calls.
11. Council Updates
Mayor Dietz stated the city should do the Pledge of Allegiance prior to the start of each
Council meeting. Consensus was to add it to each meeting.
12. Staff Updates
Mr. Thistle questioned if there were any concerns with the expenses outlined in the
informational staff report regarding the recreation move to city hall.
Council consensus was to move forward with the recommendations in the staff report
including Option 1.
RECESS TO WORKSESSION
Council recessed to worksession at 7:33 p.m. and reconvened in the conference room at 7:45
p.m.
9.1. 2012 Budget
Mr. Simon presented the staff report.
Mayor Dietz reviewed and provided a handout regarding his opinion for the 2012 budget.
He asked staff to review some of the options in the handout. He stated he doesn't want a tax
rate increase. It was clarified that the $115,000 listed in the handout as coming from the
Landfill Abatement Fund was really the Host Fee. He stated he will vote for the maximum
levy at this time but reserves the right to vote against the levy in December if it doesn't come
down drastically.
Councilmember Motin stated he liked some of the options in the handout and felt they
could be accomplished. He stated he had some concerns with the city service levels cracking
and thinks the city may need to increase the tax rate but not the total budget.
Councilmember Zerwas concurred with some of Mayor Dietz's comments, specifically with
staff reductions in the building department and with Energy City. He stated Energy City and
Project Conserve are nice to have programs to have but in today's economy aren't what
taxpayers expect as a service provided by the city. He agreed that Elk River Municipal
Utilities could pick up portions of Project Conserve as an energy savings program. He stated
that due to passing the union contract, it is imperative to do a Cost of Living Adjustment of
1.5 or 2%. He would propose eliminating Energy City and Project Conserve and if this
occurs, to reduce hours of the environmental staff. He stated he has no issues with keeping
the maximum levy flat.
Councilmember Gumphrey disagreed. He stated the city has been running at a minimum for
many years which has cost the city an administration job. He stated the city needs to add
staff if it is going to continue current service level. He stated the Council needs to look
City Council Minutes Page 5
September 6, 2011
seriously at what staff is asking from them in order to make the city more efficient for the
community even if it raises taxes.
Councilmember Westgaard stated he disagrees with using landfill host fee funds to balance
the general fund because the host fee funds will end. He stated the city needs to deal with
budget issues now and not leave it for a future Council.
Mr. Simon reviewed the General Fund gap before adjustments for the scenarios outlined in
the staff report.
Council consensus was to certify the maximum levy the same as last year.
Mr. Thistle clarified that the cuts referred to in the Mayor's handout are to be reviewed
before December.
Mr. Simon stated that the Environmental Administrator has proposed reducing Project
Conserve from $10,000 to $5,000 and reducing the publishing line item from $3,000 to
$1,500.
Chief Rolfe asked about the status of hiring the vacant police officer position.
Council stated they were not ready at this time to move forward with the hiring of this
position.
Mr. Thistle stated the Council needs to focus on core services so they are not in a situation
where the entire organization is stressed or diminished to a point where people say
government doesn't work. He stated there may be other services that need to be cut because
the city doesn't need to be doing them right now.
Councilmember Gumphrey stated he will not make any cuts to police and fire.
13. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:20 p.m.
Tina Allard, City Clerk
John J. Dietz, Mayor