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4.1. DRAFT MINUTES 11-07-2011Y. ~ .~ ~1~ ~~~6 :i MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 3, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Gumphrey, and Westgaard Members Absent: None Staff Present: Interim CitSr Administrator Bob Thistle, Finance Director Tim Simon, Fire Chief T. John Cunningham, City Engineer Justin Femrite, Police Chief Brad Rolfe, Wastewater Chief Operator Gary Leirmoe, Wastewater Lead Operator Matt Stevens, Liquor Operations Manager Dave Potvin, Assistant Street Superintendent Mark Thompson, Human Resources Representative Lauren Wipper, and Recording Secretary Jennifer Johnson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:36 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Council Agenda Councilmember Motin added an IIRA update about the downtown under Other Business. Mayor Dietz requested to add item 6.7. -Yellow Ribbon City and requested the opportunity to comment on Energy City under Other Business. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA WITH THE CHANGES NOTED ABOVE. MOTION CARRIED 5-0. 4. Consent Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. COUNCIL MINUTES ^ SEPTEMBER 12, 2011 ^ SEPTEMBER 19, 2011 4.2. CHECK REGISTER 4.3. RESOLUTION 11-60 ACKNOWLEDGING CONTRIBUTIONS TO THE POLICE AND FIRE DEPARTMENTS 4.4. APPOINT FULL TIME RECEPTIONIST FOR THE POLICE DEPARTMENT AND AUTHORIZE FILLING PART TIME RECEPTIONIST FOR CITY HALL City Council Minutes Page 2 October 3, 2011 4.5. CONSIDER APPOINTMENTS TO ICE ARENA COMMISSION AND ENERGY CITY COMMISSIONS 4.6. AUTHORIZATION TO PROCEED WITH DRAINAGE IMPROVEMENTS AT 194TH LANE AND CR 1 4.7. EMPLOYEE AGREEMENT WITH CALVIN PORTNER 4.8. PYROTECNIC DISPLAY LICENSE TO RES SPECIALTY PYROTECHNICS, INC. VALID SEPTEMBER 14,19, AND 23, 2011 MOTION CARRIED 5-0. Open Mike Michael Hecker, the new Parks and Recreation Director, greeted the council and stated he has enjoyed his first day at Cit3- Hall. He stated he looks forward to his employment with the City of Elk River. Florence Schuldt, representing Pullman Place, presented the council with a petition with signatures from members of Pullman Place in support of the City of Elk River retaining its "Energy City -Elk River" status. 6.1. Oath of Office -Firefighters Fire Chief Cunningham introduced the two new firefighters to the council. Mayor Dietz administered the oath of office and swore in J. Christopher Sisk and Steven L. Bourdeaux as firefighters for the Elk River Fire Department. Their families then pinned their badges on them. 6.2. County Road 77 Turnback -Public Hearing Mr. Femrite presented the staff report. Present to answer questions was Sherburne County Engineer Rhonda Lewis. The public hearing was held to hear any comments from residents regarding the turnback for CR 77. Mayor Dietz opened the public hearing. Jim Nystrom, 19232 Proctor Rd., asked the council to consider more restrictions on this road. He is concerned with the damage done to the road from the heavy gravel mining truck traffic. He also stated concerns with cars parked near the school fields and suggested allowing parking on the east side of the road and restricting parking on the west side in order to prevent people from crossing the busy road. Jim Svendsen, 19291 Proctor Rd., agreed with the comments from Mr. Nystrom, and added his concerns regarding the potential of water ponding at the end of his driveway due to the rebuilding of the road. He also stated the road not only has heavy vehicle traffic, but has heavy use from people, such as hikers and bikers. He stated the speed limit is 40 mph but drivers typically speed on this road, which isn't well lit, making it dangerous. There being no one else to speak, Mayor Dietz closed the public hearing. City Council Minutes October 3, 2011 ~Zayor Dietz asked if the road name would change. Page 3 i~7r. Fetnrite stated the road name would change to Proctor Rd. and it would continue to be a 7 ton road. He also stated when they striped the road, after consulting u-ith the Parks and Recreation Commission for the safety of foot traffic, they made the shoulder 2' wider on the west side from Highland Rd., they allowed fora 13' thru-lane for southbound traffic and a 12' thru-land for northbound traffic, and a 7-8' shoulder on the east side of Proctor Rd. He stated he would inspect Mr. Svendsen's concerns at the end of lus driveway before contractors leave the project. 6.3. Salt Shed for Public ~~'orks Facilit<~ Mr. Simon updated the council regarding the salt storage bid award. He stated initial reports indicated that some of the trusses in the shed are under stress and are cause for concern. He stated various staff are working on putting a safetyT policy into place. City Attorney Peter Beck is also reviewing the original contract He stated they should hear the next day the final report on the structural condition of the shed. At this time, Mr. Simon indicated they would not be awarding any bids on the salt storage shed relocation, but would like to move ahead with the electrical and fencing portion of the bids. He stated he will put something on a future agenda awarding the electrical and fencing portion of the bid and would continue to keep council up to date on the status of the salt shed. 6.4. Orono Parkway Median Visibility Study Chief Rolfe presented the staff report and a series of photographs that he and Mr. Femrite had taken along with sight line measurements at various key locations along Orono Parkway near the city hall campus. He stated the result showed that the height of the median plants, in conjunction with the various roadway curves, does present site line obstructions and especially when drivers of compact cars are attempting to view approaching compact cars. Both he and Mr. Femrite felt the median plantings as they currently exist do create a traffic hazard for motorists using Orono Parkway. Chief Rolfe spoke with Prairie Restorations, and they were informed by staff that mowing the median strips now will not adversely affect the health of the native plants for next year. Councilmember Gumphrey said to mow the native grass down now and have the Parks Department look into a long term solution for the median. Mayor Dietz stated Orono Parkway is not the place for native plantings and felt something else should be placed there. Councilmember Zerwas agreed, stating he receives many calls from residents in the area complaining about the lack of visibility. Councilmember Moon agreed and felt changing this would help with one of the City's goals to beautify the city. It was the consensus of the council to mow the median strips now and staff will come back in the future with landscaping ideas. City Council Minutes October 3, 2011 6.5. tipdate to the City of Elk River Debt Policy Page 4 Mr. Simon presented the staff report. He stated Ehlers has also reviewed the updates made to our current policy and liked the way it is more detailed and addressed the items from the last rating call. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE UPDATE TO THE CITY OF ELK RIVER DEBT POLICY AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 6.6. Discuss Council Worksession agendas h7r. Thistle presented the staff report. He asked the council if they would want to add regular city items to the Oct. 10 worksession as the joint meeting with the school board wouldn't be very long. Council agreed they could add other items to the Oct. 10 worksession if necessary. Mayor Dietz asked to discuss the commercial reserve district on the November 14 worksession. 6.7. Yellow Ribbon City Mayor Dietz explained the Yellow Ribbon City, which is a city which tries to identify and assist families who have military personnel deployed somewhere in the world. He would like city leaders and perhaps staff could participate and show support in this program. Council agreed this would be a good program to support and which wouldn't cost the city any money. RECESS TO WORKSESSION Council recessed to worksession at 7:16 p.m. and reconvened in the Utilities conference room at 7:25 p.m. 7.1. Enterprise Fund Budgets (Liquor and Wastewater) Mr. Simon presented the staff report. Liquor Mr. Potvin reviewed the liquor operations goals for 2012. Mr. Simon reviewed the 5 year projections on the fund and Mr. Potvin answered questions from the council. 1Va.rteavater Mr. Stevens reviewed the wastewater goals for 2012. Mr. Simon presented a 12 year financial model on the waste water fund and discussed a 1.5% rate increase and the 2% increase to sewer access connection charges. Council concurred with the recommendations. Staff also reviewed in depth the capital projects and answered questions from the council. City Council Minutes October 3, 2011 7?. 2012 - 2016 Capital Impro~-ement Plan Page 5 ~Zr. Simon presented the staff report. hlr. Femrite discussed the upcoming Municipal State mid (MS ~) allocations for the next five years and the related projects. Mr. Femrite also. discussed the Street Improvement Reser~-e Fund, which covers annual improvements on roads in the city, and the upcoming 2012 projects, which are to continue intersection enhancements, signal system and light painting, and making improvements along Business Center Drip-e Qoplin to Orono). 7.3. Street Division Snow Plow Procedure Plan Mr. Thistle and hZr. Thompson presented the staff report. Mr. Thistle recommended a change in the snow plow procedure plan to outline snowplowing operations fora `ty-pical" snow event, which hasn't changed from the previous plan, and to include procedures for "extreme weather conditions" as declared by the City administrator in conjunction with the Police Chief, Fire Chief, and Street Superintendent. The extreme conditions would add an additional nine employees to assist with snow removal operations, as outlined in the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE UPDATED SNOW PLOW PROCEDURE PLAN AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 7.4. Compensatory Time/Overtime Policy Mr. Thistle and Ms. Wipper presented the staff report. Council expressed concern with consistency between departments. It was suggested that perhaps the polity could allow for an extended time period to use comp time, noting that it is difficult to use comp time and still provide adequate staffing levels. Councilmember Westgaard expressed concern with the level of service the city would be able to provide without having to raise taxes. Councilmember Gumphrey agreed with Councilmember Westgaard's comments and said if you extend the use of compensatory time too far into the future; it only pushes off duties even further. Mr. Thistle suggested having the polity reviewed by an attorney but in the meantime, for the current snow removal season, have staff return with an interim polity that will address overtime pay and compensatory time usage. Staff will get quotes from two different consultants. 7.5. Council Employee Recognition Program Mr. Thistle presented the staff report. He recommends having the council employee recognition take place at the annual employee appreciation luncheon or at the summer picnic. City Council Minutes October 3, 2011 Page 6 after discussion, it was the consensus of the council to recognize employees of the year at either the annual employee appreciation luncheon or at the summer picnic. Council will re~-ie~v at a future worksession. 8. Other Business Councilmember Moon updated the council on the decision by the 1-1R~1 earlier that evening to demolish both the 716 and 720 Main Street buildings due to the significant damage and failed roof trusses and safety-issues. The cost to repair the buildings would be more than the cost to remove them and the HR~~ decided to move ahead and quickly demolish the buildings before winter. Council Updates Ma3-or Dietz verbally presented a list of ideas regarding the Energy City budget that were suggested to him since the Council met jointly with the Energy City Commission in September. He stated that included in the $56,800 proposed Energy CitS- budget is $36,000 in staff time. Mayor Dietz said approximately $5,000 of that is for Project Conserve and most of the remaining $31,000 is for the Energy Expo. He proposed funding the $5,000 for Project Conserve from the council's contingency fund. He also suggested discontinuing the Energy Expo and having an "energy wing" at the Elk River rrea Chamber of Commerce's Business Expo instead. Mayor Dietz said that would increase visibility for the vendors because the Business Expo draws a larger crowd. Because it is a chamber event, it wouldn't involve city staff time and allow the city to reduce the city's environmental staff hours and save about $30,000, he said. Mayor Dietz also proposed to fund $10,000 of the Energy City budget from annual contributions from Elk River Municipal Utilities, and he would like to ask Connexus Energy, Great River Energy and CenterPoint Energy to donate $3,500 each to fund the rest of the program. All three entities are involved in Energy City and have representatives on the Elk River Energy City Commission. Mayor Dietz stated if these ideas are put in place, it would make Energy City "cost neutral" to the city. 10. Staff Updates Chief Rolfe asked the council to approve a resolution approving the execution of agreement between the Elk River Police Department and the Minnesota Department of Public Safety to enter into a grant agreement for the Minnesota Department of Public Safety Crash Program. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE RESOLUTION 11-61 APPROVING THE EXECUTION OF AGREEMENT BETWEEN THE ELK RIVER POLICE DEPARTMENT AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A GRANT AGREEMENT FOR TRAFFIC SAFETY ENFORCEMENT PROJECTS DURING THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2014. MOTION CARRIED 5-0. Councilmember Gumphrey asked when Mr. Thistle's last day of employment with the city would be. City Council Minutes October 3, 2011 Page 7 NIr. Thistle stated he would like to have some overlap with the new city- administrator but not more than a week. He stated he would also be available to answer questions by phone should Cal Fortner have questions after he's gone. He stated he will discuss this with 1\1r. Fortner and report back to council. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City- Council at 9:25 p.m. Minutes prepared by Jennifer Johnson Tina Allard, City- Clerk John J. Dietz, Mayor ` ~ . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, OCTOBER 10, 201 I Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and Zerwas Members Absent: None Staff Present: Interim City Administrator Robert Thistle, Incoming City Administrator Cal Portner, Parks and Recreation Director Michael Hecker, HR Representative Lauren Wipper, Ice Arena Manager Rich Czech, Fire Chief T. John Cunningham, Police Chief Bradley Rolfe, Finance Director Tim Simon, Director of Economic Development Annie Deckert, Assistant Director of Economic Development Clay Wilfahrt, and Executive Secretary/Deputy City Clerk Jessica Miller Also Present: Elk River Area School Board Members: Chair Sue Farber, Shane Steinbrecher, Jolene Jorgensen, Holly Thompson, Tony Walter, and Jane Bunting; Elk River Area School District Staff: Superintendent Mark Bezek, Executive Director of Business Services Randy Anderson, Director of Labor Relations and Personnel Services Rod Barnes, Community Education Administrator Charlie Blesener, and Administrative Assistant Londa Chambers 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 6:41 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Council Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. CONSIDER PROCLAIMING OCTOBER 23 - 29, 2011 MN MANUFACTURERS WEEK 3.2. CITY ADMINISTRATOR TRANSITION PROCESS City Council Minutes Page 2 October 10, 2011 3.3. QUOTE FOR PUBLIC WORKS FACILITY PROJECT ITEMS (ELECTRICAL AND FENCING) AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 6.1. Redistrictine Councilmember Motin expressed his willingness to attend the public hearing on October 13 in St. Cloud on behalf of the City of Elk River to offer comments on the impact of redistricting. The Council discussed various impacts of the redistricting and offered comments for Councilmember Motin to discuss. Council consensus was to request that Elk River not have split legislative districts. Mayor Dietz recessed the meeting at 6:51 p.m. in order to wait until the School Board is available. The meeting reconvened at 7:30 p.m. 5. Joint Meeting with the Elk River School Board Chair Farber called the meeting of the Elk River Area School Board to order at 7:30 p.m. 5.1. Ice Arena Renovation Mr. Czech presented an update on the Arena renovation. He discussed a few of the financial commitments he has received from various user groups. Dr. Bezek explained that it is difficult for the school district to cointnit funding for the Elk River Arena because the district covers four major communities and those communities would expect equal funding for projects in their area. It was noted that the district has the same agreement with the Rogers Ice Arena as they currently have with Elk River. A suggestion was made for the city to go out for bond on the project. Mayor Dietz stated that he believes the Arena provides Elk River High School with a valuable service. He indicated the high school gets prime hours for practice and games and pays the same rate as the other user groups. Dr. Bezek indicated this is the most the School Board has heard about the possible Arena renovation. He stated that this item will be added to a future School Board worksession for further discussion. 5.2. Baseball Field Irrigation Mr. Blesener explained that the Oak Knoll athletic field was developed jointly by the school district and the city. He stated that the well that is meant to irrigate that field is not functioning correctly. He outlined a few possible solutions. Mr. Thistle indicated that there has been some question whether the well is located on school or city property but recent surveys show it on school property. He stated that this issue has been discussed with Water Superintendent David Berg and he has some issues he would like discussed. City Council Minutes October 10, 2011 Page 3 Mayor Dietz stated that it makes sense to have a joint agreement to share responsibility of wells that service city and school fields. Dr. Bezek indicated that he will follow-up with Mr. Berg and other staff to set up a meeting to discuss this issue. 5.3. Shared Services Healthcare Options Dr. Bezek indicated that the district spends $17 million a year on healthcare premiums for their employees. He explained that there has been discussion on creating a clinic to service school district employees. He stated that Sherburne County has indicated willingness to partner on this. He questioned if the city has an interest. Mr. Barnes explained that the clinic visits are free to employees and the claims are not run through health insurance; therefore, saving money in premiums based on claim history. Director Jorgensen stated that she works for Anoka County and they have an onsite clinic and it works very well. Mayor Dietz questioned the cost for the city. Dr. Bezek stated that it would more than likely be a pro-rated share for the city and the county. Dr. Bezek indicated that the county is researching the possibility of establishing a pharmacy along with the clinic. The Council concurred that the clinic is a great idea and would like discussions on it to continue. Building and Grounds Discussion on the potential of partnering on grounds maintenance was discussed. Councilmember Zerwas requested that the city park maintenance supervisor meet with district staff to discuss the potential. Human Kesources Discussion took place on the possibility of the district and the city utilizing each other on human resources issues. Mayor Dietz stated that the city currently has only one person performing human resource duties and questioned if the district would be available for assistance. Dr. Bezek indicated that the district human resources department is in its infancy and that once it is up and running discussions regarding a partnership could be discussed. Communications Dr. Bezek indicated that the district is building a communications department and questioned how the city and schools can work together on communications and marketing. Mayor Dietz stated that a centralized print shop has been discussed in the past and he is in favor of exploring that option. Dr. Bezek indicated that he believes it is more efficient for the city and district to market jointly. Mayor Dietz stated that he believes it would be favorable for our economic Ciry Council Minutes October 10, 2011 Page 4 development division to become involved with the district marketing. School district and city staff will meet to discuss this issue. 5.4. Branding Integration/Coordination Dr. Bezek indicated that he would Like to hear more about the branding plan the city recently approved. Ms. Deckert provided an outline of the branding plan and indicated that staff would be available to present additional information at an upcoming School Board meeting if desired. 5.5. Building a Collaborative and Engaging Culture Focused on Student Learning -Strategic Planning Process Dr. Bezek stated that the district is in the process of working on a new strategic plan. 5.6. Economic Development Coordination -how can we help "sell" each other? The possibility of joint marketing efforts between the city and the district was discussed earlier and staff will be meeting to discuss this item further. Dr. Bezek asked the Council and School Board to go around the room and state their feelings about tonight's meeting. Councilmember Motin stated he likes the idea of exploring proficiencies but that the partnerships should make sense for both parties long-term. Councilmember Westgaard indicated that neither entity can afford not to look at partnerships. He believes the items discussed this evening are just the beginning and that anything and everything is on the table for discussion. He added that if the city and district share staff we should be cognizant that the district serves four major communities. Mayor Dietz stated that it is imperative that the city and district form partnerships because the taxpayers expect that. He stated that the first step is to get city and district staff together to work out issues. Councilmember Gumphrey stated partnerships are a great idea but expressed concern that the city and district meet and make agreements but then they are never followed through with. He suggested forming a committee to continue discussions and keep things moving. Councilmember Zerwas stated that the city and district have a responsibility to partner in areas they can. He also expressed concern with items not being followed through and would like to see a memo identifying key staff people who will be working on these partnerships. Director Bunting indicated that there are so many natural synergies that it would be silly not to look at partnerships. She noted that priorities should be discussed. Director Walter stated that he believes partnerships will work out great and that the community will support the partnerships. Director Thompson also stated that partnership priorities should be chosen. City Council Minutes Page 5 October 10, 2011 Director Jorgensen liked the idea of exploring partnerships but cautioned about also exploring potential issues. Director Steinbrecher stated that the taxpayers expect us to look into partnerships and that it should be done sooner rather than later. Chair Farber explained that constituents would want the city and district to explore ways to save money and not raise taxes. She stated that city and district partnerships will make Elk River better. Dr. Bezek indicated that he is committed to coordinating discussions between the city and district employees. Mr. Thistle stated that he believes this has been a positive evening and that the better the coordination between the city and district, the better the community will be. 7. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:04 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk John J. Dietz, Mayor ~~~~ y MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 17, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Calvin Portner, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, Accounting Clerk Lori Stich, Police Chief Brad Rolfe, Administrative Captain Bob Kluntz, Fire Chief John Cunningham, Assistant Street Superintendent Mark Thompson, Environmental Administrator Rebecca Haug, Ice Arena Maintenance Worker Case Hayward, Park Maintenance Supervisor Rodney Schreifels, Recreation Manager Steve Benoit, Parks and Recreation Director Michael Hecker, Human Resources Representative Lauren Wipper, Finance Director Tim Simon, City Engineer Justin Femrite, Interim City Administrator Bob Thistle, City Clerk Tina Allard Also Present: Planning Commissioner Paul Bell 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. Pledge of Allegiance The Pledge of Allegiance was recited. Mayor Dietz welcomed new Ciry Administrator Cal Portner. Consider 10/17/2011 Agenda Item 4.8 was added to the consent agenda and Item 4.6 was removed from the consent agenda. The Mayor added Item 6.3 regarding a thank you to the agenda. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 4. Consider Consent A eg nda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2. SNOW AND ICE CONTROL POLICY AS OUTLINED IN THE STAFF REPORT. City Council Minutes October 17, 2011 Page 2 4.3.A. & B. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.4. LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF ELK RIVER AND ISD 728. 4.5. RESOLUTION 11-62 AUTHORIZING THE CITY OF ELK RIVER TO APPLY FOR THE ELECTION ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES GRANT THROUGH THE MINNESOTA SECRETARY OF STATE. 4.7. THE BANK OF ELK RIVER SPONSORSHIP AND CONTRIBUTION FOR COMMUNITY EVENTS AS OUTLINED IN THE STAFF REPORT. 4.8. PYROTECHNIC FIREWORKS DISPLAY LICENSE FOR RES SPECIALTY PYROTECHNICS, INC TO CONDUCT A PYROTECHNIC DISPLAY AT ELK RIVER HIGH SCHOOL DURING A FOOTBALL GAME ON OCTOBER 29, 2011 SUBJECT TO THE FOLLOWING CONDITIONS: 1. RES SPECIALTY SHALL ARRANGE FOR A SITE INSPECTION BY THE FIRE DEPARTMENT THE DAY OF THE PYROTECHNIC DISPLAY(S). 2. FIRE DEPARTMENT MAY MAKE NECESSARY MODIFICATIONS TO THE PERMIT'S APPROVAL. MOTION CARRIED 5-0. 5. Open Mike Denny Chuba, representing the Arts Alliance -Stated it is a hardship for the city to terminate the Arts Alliance lease from the downtown building owned by the Housing and Redevelopment Authority prior to the holiday season. He asked if the city could have the building stabilized for 6-8 months until the Arts Alliance could find a new home. Speaking as a builder professional he stated it is common for there to be broken trusses in a building and many times they can be fixed at a minimal cost. Larry Toth, Vice Chair of the HRA -Stated the HRA at no time gave staff direction to remove the building. He stated direction was given to get quotes on removing the building. Mr. Toth stated he is concerned that some of the information received from staff regarding the building structure may not be accurate and he would like to convene a meeting of the HRA to discuss this topic in further detail. Attorney Beck clarified the City Council couldn't act on this issue but the HRA can hold another meeting per their bylaws or the open meeting law. Councilmember Motin, also an HRA member, stated the HRA did not take action to remove the downtown building by a certain date. He further noted he may be okay with a short-term fix to the building but it will need to come down eventually because the intent for the location is for additional downtown parking. 6.1. Volunteer of the Month Presentation Mayor Dietz stated he would like to recognize the first volunteer of the month as part of his newly implemented volunteer program. City Council 1~linutes October 17, 2011 Page 3 Mayor Dietz read and presented a plaque to Mr. and Mrs. Danny and Delores Anderson. He further highlighted their years of civic engagement within the community. 6.2. Case Hayward Retirement (,Recognize 14 Years of Servicel Mr. Schreifels discussed Case Hayward's work history with the City of Elk River. He thanked Mr. Hayward for his 14 years of service. Mayor Dietz read and presented a plaque to Mr. Hayward. 6.3. Thank You to Interim City Administrator Bob Thistle Mayor Dietz read a statement thanking Mr. Thistle for the interim service he provided to the city during this transitional time. Chief Rolfe, Chief Cunningham, and Finance Director Tim Simon all thanked Mr. Thistle for his leadership, dedication, and professionalism while he served the city and noted he would be missed greatly by city staff. Mr. Thistle thanked everyone for their comments and noted that local government is his passion. 7.1. Cornerstone Auto Resource A. Conditional Use Permit. Case No. CU 11-16 -Public Hearir~Q B. Preliminary and Final Plat For Plat of]abez, Case No. P 11-01 -Public Hearing Mr. Barnhart presented the staff report. Councilmember Motin expressed concern with the 60 day rule and the language in the letter submitted by Cornerstone Auto Resource and referred to a past lawsuit resulting from a similar waiver letter. Attorney Beck expressed the same concern and stated the city should send a 60 day letter stating this item is continued to December 19. Mayor Dietz opened the public hearing. There being no one to speak to these issues, Mayor Dietz continued the public hearing to December 19, 2011. 7.2. The Home Depot A. Conditional Use Permit to Amend Planned Unit Develobment Aereement. Case No. CU 11-17a -Public Heating B. Conditional Use Permit for Penske Truck Rental Case No. CU 11-17 -Public Heating Mr. Barnhart presented Mr. Leeseberg's staff report. Mayor Dietz opened the public hearing. There being no one to speak to these issues, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE City Council Minutes October 17, 2011 Page 4 PERMIT, CASE NO. CU 17A TO AMEND THE PLANNED UNIT DEVELOPMENT AGREEMENT TO ALLOW THE RENTAL OF TRUCKS AS A CONDITIONAL USE AT THE ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 11-17 TO ALLOW PENSKE TRUCK RENTAL WITH THE FOLLOWING CONDITIONS: 1. THE PUD AGREEMENT SHALL BE AMENDED TO INCLUDE LANGUAGE ALLOWING THE LEASING OF MOVING/DELIVERY TRUCKS. TRUCKS NOT TO EXCEED 26 FEET. 2. RENTAL TRUCK PARHING SHALL BE ALLOWED AS SHOWN ON EXHIBIT A. 3. NO MORE THAN SIX RENTAL TRUCKS SHALL BE ON SITE AT ANY GIVEN TIME. NO DRIVE AREA MAY BE OBSTRUCTED. MOTION CARRIED 5-0. 7.3. Request b~~ City of Elk River for Ordinance Amendment Regarding FEMA Maps, Case No OA 11-02 -Public Hearing Ms. Haug presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 11-05 AMENDING SECTION 30-1, DEFINITIONS, AND PORTIONS OF CHAPTER 30, ARTICLE VI, DIVISION 11, FLOODPLAIN MANAGEMENT, OF THE ELK RIVER MINNESOTA, CITY CODE ALL PERTAINING TO FLOODPLAIN MANAGEMENT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-63 APPROVING SUMMARY PUBLICATION OF ORDINANCE 11-05 AMENDING SECTION 30- 1, DEFINITIONS, AND PORTIONS OF CHAPTER 30, ARTICLE VI, DIVISION 11, FLOODPLAIN MANAGEMENT, OF THE ELK RIVER MINNESOTA, CITY CODE ALL PERTAINING TO FLOODPLAIN MANAGEMENT. MOTION CARRIED 5-0. 7.4. Update on Downtown Plan Mr. Barnhart presented the staff report. Council consensus is to move forward with completing the Mississippi Connections Downtown Plan and to check on using the original members of the task force who would be willing to participate. Council consensus is to continue with the mission statement in the staff report as it still applied. City CouncIl Minutes October 17, 2011 Page 5 Mayor Dietz stated he recalls taskforce members being upset when this project was put on hold. Councilmember Motin stated the members were upset because the Council put the Plan on hold while the Highway 10 Transportation Study and the Focus Area Study were being completed. He stated the HRA has been asking about whether the planning process for this project would be started again. Staff is to come back with a plan for selecting the taskforce members. 8.1. Consider Right of Entry and License Agreement (Parke Pointe Addition. Outlot D) Mr. Simon presented the staff report. Council questioned the insurance coverage in case someone is injured. Mr. Simon stated the homeowners will be responsible for indemnification but the city will have overarching insurance on the parcel. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE RIGHT OF ENTRY AND LICENSE AGREEMENT BETWEEN PARK POINTE HOMEOWNERS AND THE CITY. MOTION CARRIED 5-0. 4.6. Proposal for Auditing Services with Abdo, Eick & Meyers, LLP Councilmember Motin questioned why the least expensive proposal wasn't accepted. He also stated he is hesitant to use the same firm because there could be complacency with using the same company over the long term. Mr. Simon explained there were other components of the RFP's that staff looked at such as the number of partner/manager hours. He stated Abdo, Eick & Meyers proposed 113 (manager partner) hours versus 80 (manager partner) hours from the next firm that was being considered. Mr. Simon stated the firm uses arisk-based approach system as part of the new governmental accounting standards. The firm has done a partner rotation system MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE ABDO, EICK, & MEYERS, LLP AS THE CITY AUDITOR FOR THE DECEMBER 31, 2011 AUDIT ENGAGEMENT. 9. Other Business There was no Other Business. 10. Council Updates There were no Council Updates. City Council Minutes October 17, 2011 11. Staff Updates 11.1. Fire Station I Door Project Page 6 Chief Cunningham provided an update regarding the replacement of the entry doors at Fire Station #1. Council recessed at 7:25 p.m. 12. Recess to Budget Worksession - Upper Town Conference Room Council reconvened at 7:31 p.m. 12.A. Capital Improvement Plan (CIP~ Mr. Simon presented the staff report. He noted the skate park is not included in the Park Improvement Fund Capital Improvement Plan but Council should be aware that it may need to be programmed into a future CIP date. He stated it is currently being evaluated by the Parks and Recreation Director. He stated $20,000 was saved in costs for the well replacement scheduled this year and park staff would like to utilize these funds for a few other minor repairs around the city. Discussion was held regarding the lighting at Kuss Field. Mr. Schreifels stated the Parks and Recreation Commission reviewed the lighting concerns for the field and decided games would not be scheduled after dark. He noted costs for this upgrade would be around $85,000. Mayor Dietz stated it would not be cost effective to replace these lights. Mr. Simon discussed and reviewed the Building Reserve Capital Budget through year 2034. Councilmember Westgaard noted there is still two years of debt service on the Ice Arena building that is a drain on the General Fund budget. He suggested using GRE Reserve Fund to call in the bonds now to save approximately $35,000 in interest. He stated this would eliminate the transfer from the General Fund budget and help balance it. Council consensus was for staff to bring this item back for a more detailed discussion. It was noted the Pinewood Golf Course Club House may need to be reviewed and programmed into the Building Reserve Capital Budget. 12.B. 2012 Budget Update Mr. Simon presented the staff report. Mr. Thistle asked Council if they had a number where they would like the tax rate to be set. Councilmember Motin stated he would like to see staff must haves before deciding on a number. City Council Minutes October 17, 2011 Page 7 Councilmember Gumphrey agreed but stated if the Council is not willing to spend money they need to look at what type of services should be eliminated from the budget for the long-term. He stated he is not in favor of taking funds from the Government Building Reserve Fund to balance the budget or to cut police and fire services. Mr. Simon noted that a communications position should be added to the Vacant/Requested Positions Worksheet as it came out of the Branding Plan results. Councilmember Westgaard stated there needs to be a way to bridge the budget gap for one year because in the next few years there will be some TIF Districts expiring. He stated the city needs to focus on core services and he is skeptical that the 45.72% tax rate can be maintained. He also expressed concern with using enterprise funds to balance the budget. Councilmember Zerwas concurred with Councilmember Westgaard and stated there needs to be a compromise between the 45.72% and 51% tax rate. He stated the city needs to identify its core services and objectives and questioned if it were staffed appropriately to address those core services. Councilmember Westgaard questioned the organizational structure of the city and how the city defines what is adequate and suggested the new city administrator's experience can assist in determining these needs. Councilmember Motin stated the Council has to do what is best for the long-term viability of the city. 13. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:26 p.m. Tina Allard, City Clerk John J. Dietz, Mayor