10-17-2011 CCMMEETING 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
Admnistrator Bob Thistle, City Clerk Tina Allard
Also Present: Planning Commissioner Paul Bell
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 6:30 p.m. by Mayor Dietz.
2. Pledge of Alle ~ance
The Pledge of Allegiance was recited.
Mayor Dietz welcomed new City Administrator Cal Portner.
3. Consider 10/17/2011 A eg nda
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 Agenda
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 RNER AND ISD 728.
4.5. RESOLUTION 11-62 AUTHORIZING THE CITY OF ELK RNER
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 fined 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 Minutes
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 Citv 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 Hearin
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 rio 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 Development Agreement, Case
No. CU 11-17a -Public Hearin
B. Conditional Use Permit for Penske Truck Rental Case No. CU 11-17 -Public
Hearra~
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 2G FEET.
2. RENTAL TRUCK PARKING 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. Reg_uest by City of Elk River for Ordinance Amendment Regarding FEMA Maps Case No
OA 11-02 -Public Hearin
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-G3 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 Page 5
October 17, 2011
-----------------------------
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 Entrv 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
Page 6
11. Staff Updates
11.1. Fire Station I Door Project
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, Ma or Dietz ad~ourned the meetin of th
Y 1 g e Elk Rtver City
Council at 8:26 p.m.
`_.~ i
Tina Allard, City Clerk
J n j. ~ ietz, Ma r
•