4.1. DRAFT MINUTES 12-19-2011q
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CLOSED MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, DECEMBER 5, 201 I
Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and
Motin
Members Absent: None
Staff Present: City Administrator Cal Portner, City Attorney Peter Beck, Planning
Manager Jeremy Barnhart, 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 6:00 p.m. by Mayor Dietz.
2. Closed Meeting-Attorney-Client Privilege. 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.
3. Adjournment
There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River
City Council at 6:40 p.m.
John J. Dietz, Mayor
Tina Allard, City Clerk
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, DECEMBER 5, 201 I
Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon,
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, Recreation Manager
Steve Benoit, Parks and Recreation Director Michael Hecker, Human
Resources Representative Lauren Wipper, City Engineer Justin Femrite, and
Recording Secretary Jennifer Johnson
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 6:43 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. Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 NOVEMBER 21, 2011 COUNCIL MINUTES.
4.2. CHECK REGISTER.
4.3. ANNUAL LICENSE RENEWALS VALID JANUARY 1, 2012 TO
DECEMBER 31, 2012 AS OUTLINED IN THE STAFF REPORT.
4.4. 2012 CITY COUNCIL MEETING SCHEDULE.
4.5. RESOLUTION 11-71 ACKNOWLEDGING CONTRIBUTIONS FROM
THE ZIMMERMAN FIRE RELIEF ASSOCIATION.
4.6. ACCEPTANCE OF THE CERTIFICATE OF EXCELLENCE FOR
FINANCIAL REPORTING FOR THE 22ND CONSECUTIVE YEAR.
4.7. REALLOCATION OF EXPANSION FEE AND TRANSFER TO PUBLIC
SAFETY DEBT SERVICE FUND.
4.8. RESOLUTION 11-72 APPROVING AND AUTHORIZING EXECUTION
OF MNDOT DELEGATED CONTRACT PROCESS AGREEMENT NO.
99951.
City Council Minutes Page 2
December 5, 2011
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4.9. TOBACCO LICENSE -BROTHERS OF 2011 INC. DEB BP ELK RIVER,
13374 HIGHWAY 10 NW.
4.10. CONSIDER PROPOSAL FOR INSPECTION OF ORONO DAM.
4.11.A. RESOLUTION 11-73 ADOPTING AND LEVYING ASSESSMENTS
FOR UNPAID WATER UTILITY SERVICE AT 821 IRVING.
4.11.B. RESOLUTION 11-74 ADOPTING AND LEVYING ASSESSMENTS
FOR WATER REPAIR SERVICE AT 517 PROCTOR AVENUE.
4.11.C. RESOLUTION 11-75 ADOPTING AND LEVYING ASSESSMENTS
FOR DEMOLITION OF OLD NAPA BUILDING.
4.12.A. AUTHORIZATION TO HIRE PART-TIME CITY HALL
SECRETARY/RECEPTIONIST.
4.12.B. AUTHORIZATION TO HIRE PART-TIME CITY HALL FIRE AND
BUILDING MAINTENANCE ADMINISTRATIVE ASSISTANT.
MOTION CARRIED 5-0.
5. Open Mike
No one appeared for open mike.
6.1. Budget Hearing and Tax Lew
Mr. Simon presented the staff report and outlined the 2012 proposed budget with a Power
Point presentation. He explained that the purpose of this evening's public hearing was to
discuss the general city budget and general tax information and that it is not a time to discuss
individual property values. He stated that if individuals have questions or concerns regarding
their property values, they should attend the Board of Review meeting in the spring or
contact the Sherburne County Assessor's Office.
Mr. Simon briefly outlined the process of this evening's budget presentation and comment
period. He stated the Council approved the maximum tax levy of $11,112,391 in September,
which is the maximum tax levy the City can adopt. Mr. Simon reviewed the tax levy by use
and compared the levy with previous years. He also reviewed property tax changes and
explained that a number of factors play a role in deterinuiing the property tax amount.
Mr. Simon reviewed general fund revenues and expenditures.
Mr. Simon reviewed the special revenue funds and enterprise funds. He stated that the
enterprise funds are self-supportive and not supported by tax dollars. Mr. Simon provided
the public with a link to the Minnesota Department of Revenue website for residents to
determine if they qualify for a property tax refund. He stated this link is also on the City's
website. He concluded that the council will adopt the 2012 tax levy and budget following
public input and comments.
The Mayor opened the public hearing.
Curt Ktone, 11246 - 202nd Ave., expressed his concerns with his property value and
property taxes increasing.
Gary Santwire, 205 Street, complimented city staff for trying to prevent taxes from going
up but expressed concerns with his residential and commercial property values decreasing.
City Council Minutes
December 5, 2011
Page 3
Mike Klegin, 20309 Vance Street, expressed concerns with the budget, comparing Elk
River to Oak Grove and how Oak Grove lowered their levy. He expressed his ideas of how
Elk River could create a savings fund and decrease spending.
Frank Carlson, 9998 - 215 Ave. NW., owns both residential and commercial property and
felt that the only benefit he receives from the City is street plowing. He stated he felt 15% of
the budget could be cut without having a negative effect on city services.
Florence Schuldt, 17155 Quincy Street, complimented staff on the plow job from the
recent snowfall but requested more salt and sand on Twin Lakes Road.
Mr. Simon answered the residents' questions and suggested those with concerns about
property values to speak with the Sherburne County Assessor's Office.
There being no one else to speak, Mayor Dietz closed the public hearing.
Mayor Dietz read a statement that he would not be voting for this budget because when he
ran for mayor, he promised residents that he wouldn't raise taxes. He felt enough wasn't
done to ensure taxes wouldn't be higher than last year.
Councihnember Zerwas echoed some of the Mayor's comments but felt staff did a
tremendous job with trying to stay on middle ground without affecting services. He felt the
$836,000 that was cut was a good compromise.
Councilmember Motin stated the budget was a good one but not perfect and he would have
liked to have seen more additions. He stated the City was dealt a difficult hand of cards with
the market value exclusion calculation. He felt employees are stressed but are still continuing
to provide the best services to the City's residents.
Councilmember Westgaard stated they spent five months pouring over this budget and felt
that staff did the best job they could without affecting the level of service to residents.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE RESOLUTION 11-76
AUTHORIZING THE PROPERTY TAX LEVY FOR COLLECTION IN 2012
AND ADOPTING THE 2012 GENERAL, SPECIAL REVENUE, AND
ENTERPRISE FUND BUDGETS AS OUTLINED IN THE STAFF REPORT.
MOTION CARRIED 4-1 WITH MAYOR DIETZ OPPOSING.
6.2. 2012 Bank of Elk River Sponsorship
Mr. Hecker presented the staff report. He played a short video provided by The Bank of Elk
River portraying the many activities in Elk River that The Bank of Elk River helps to
support with their contributions.
Tammy Andrews, Marketing Director, Bill LaVigne, Chief Operating Officer, and
John Babcock, President/CEO representing The Bank of Elk River presented Mayor Dietz
and the Council with a check for $14,000. Mayor Dietz thanked them for their support.
City Council Minutes Page 4
December 5, 2011
6.3. EDA. HRA, and Library Board Appointments
Mayor Dietz presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE MAYORAL
RECOMMENDATIONSAND APPOINT BRYAN PROVO TO THE
ECONOMIC DEVELOPMENT AUTHORITY (TERM EXPIRING 12-31-2016),
PAUL MOTIN TO THE HOUSING AND REDEVELOPMENT AUTHORITY
(TERM EXPIRING 12-31-2016), AND MARY EBERLEY TO THE LIBRARY
BOARD (TERM EXPIRING 12-31-2014). MOTION CARRIED 5-0.
6.4. Resolution Calling for Public Hearing on a Capital Improvement Plan and Issuance of
Bonds
Mr. Simon presented the staff report.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE RESOLUTION 11-77
CALLING A PUBLIC HEARING ON A CAPITAL IMPROVEMENT PLAN AND
ISSUANCE OF BONDS FOR THE PUBLIC WORKS FACILITY PROJECT.
MOTION CARRIED 5-0.
6.5. Discuss Council Worksession Agendas
The Mayor and Council discussed the upcoming worksessions for December 12 and January
9, noting the regularly scheduled Council meeting on January 3, 2012 would be cancelled.
Other Business
There was no other business.
8. Council Updates
There were no council updates.
Staff Updates
There were no staff updates.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River Ciry
Council at 7:55 p.m.
Minutes Prepared by Jennifer Johnson
Tina Allard, Ciry Clerk
John J. Dietz, Mayor
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, DECEMBER 12, 201 1
Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and
Zerwas
Members Absent: None
Staff Present: City Administrator Cal Portner, Finance Director Tim Simon, Planning
Manager Jeremy Barnhart, City Engineer Justin Fexnrite, Assistant Street
Superintendent Mark Thompson, Parks and Recreation Director Michael
Hecker, Code Enforcement Officer Dave Hetrick, Human Resource
Representative Lauren Wipper, Fire Chief T. John Cunningham,
Accountant Lori Stich, and Executive Secretary/Deputy City Clerk Jessica
Miller
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 Allegiance
The Pledge of Allegiance was recited.
3. Consider Council Agenda
Mayor Dietz moved the sidewalk snow plow polity item to after open mike.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS
AMENDED. MOTION CARRIED 5-0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 ADOPT RESOLUTION 11-78 APPROVING CONSENT TO MERGER OF
THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
METROPOLITAN MINNEAPOLIS AND YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER TWIN CITIES.
4.2 ADOPT RESOLUTION 11-79 APPROVING THE 2012 COMPENSATION
PLAN FOR NON-UNION EMPLOYEES.
4.3 ANNUAL LICENSE RENEWALS AS OUTLINED IN THE STAFF
REPORT.
4.4 RESOLUTION 11-80 ACKNOWLEDGING CONTRIBUTIONS FROM
THE ELK RIVER LIONS CLUB.
City Council Minutes Page 2
December 12, 2011
4.5 AUTHORIZATION TO COMPLETE ORDINANCE AMENDMENTS
RELATED TO DESIGN REQUIREMENTS IN THE C-3 ZONING
DISTRICT.
MOTION CARRIED 5-0.
5. Oven Mike
No one appeared for open mike.
6. Work Session
6.4 Sidewalk Snow Plow Policy
Mr. Barnhart reviewed maps outlining current sidewalk snow plow routes.
Mayor Dietz stated he is not in favor of changing the policy for just a few residents.
Councilmember Gumphrey indicated that he would like to see the city plow all areas where
the sidewalk is adjacent to the curb. He added that it makes sense to also do the entire
Highland Road because of the configuration.
Sue Farber, 19404 Norfolk Street NW, clarified which properties on Highland Road have
sidewalks adjacent to the curb.
Deadlines for removing snow from streets and sidewalks was discussed. Councilmember
Westgaard stated he would like the policy changed so residents are not required to have the
snow removed within 24 hours.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS FOR THE CITY TO ADD THE
APPROXIMATELY THREE MILES OF SIDEWALKS THAT ARE ADJACENT
TO THE CURB TO THE PLOW ROUTE AND TO PLOW THE ENTIRE
SIDEWALK ON HIGHLAND ROAD FROM JACKSON TO PROCTOR.
MOTION CARRIED 4-1. Mayor Dietz opposed.
6.1 Bailey Point
Mr. Hecker presented the staff report. He indicated that a question was raised regarding
whether the city would be able to restrict fishing from Bailey Point. He stated that he
verified with the Department of Natural Resources that fishing from that property could be
restricted. Possible funding sources were discussed.
Consensus of the Council was to move forward with the acquisition of Bailey Point and for
staff to prepare and bring back cost estimates on developing and maintaining the property.
6.2 171St Avenue Area Phase IImprovements -Preliminary Engineering
Mr. Femrite reviewed proposed improvements for Phase I of the 171St Avenue Area as
outlined in his staff report.
Council consensus was to move forward with the project.
City Council Minutes
December 12, 2011
6.3 Commercial Reserve Transitional Zoning District
Page 3
Mr. Barnhart presented the staff report. He added that the commercial reserve transitional
zoning district was a result of the 2004 Comprehensive Plan designating the area for future
development.
Mayor Dietz explained that he has received comments from property owners in the
commercial reserve transitional zoning district that feel like they are paying property taxes
but are unable to do anything with their property. Mr. Barnhart stated that the rezoning did
not remove any uses from the area; it simply changed the permitted timeframe. He clarified
that taxes are assessed based on the use of the property, not the zoning, so property owners
in the commercial reserve district would only be taxed commercial if the property use is
commercial.
6.5 Credit Card Update
Mr. Simon presented his staff report. He reviewed examples of Rev Trak on the City of
Ramsey's website.
Council Consensus was for staff to move forward with Rev Trak to accept credit cards.
6.6 Organizational Chart
Mr. Fortner presented his staff report.
Counciltnember Zerwas indicated that the organizational charts will be helpful to have when
reviewing the budget next year.
Councilmember Gumphrey would like to see Mr. Fortner review the organizational charts
and bring back any comments or suggestions.
6.7 Downtown Task Force Update
Mr. Barnhart provided an update on the Downtown Task Force. Council consensus was for
staff to contact Ron Touchette, Alan Sakry, and Jim Hudson about becoming members of
the Task Force.
6.8 Council Open Forum
There were no items for discussion under open forum.
Other Business
Councilmember Zerwas questioned the status of the taproom ordinance amendment. Mr.
Fortner stated that the ordinance is currently out for attorney review.
8. Council Updates
There were no Council updates.
9. Staff Updates
City Council Minutes
December 12, 2011
There were no staff updates.
10. Adjournment
Page 4
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:12 p.m.
Minutes prepared by Jessica Miller.
Tina Allard, City Clerk
John J. Dietz, Mayor