01-09-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL
• HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, JANUARY 9, 2012
Members Present: Mayor Dietz, Councilmembers Gumphre~~, l~loon, Westgaard, and
Zerwas
Members Absent: None
Staff Present: City Administrator Cal Portner, Finance Director Tim Simon, Fire Chief
John Cunningham, City Engineer Justin Femrite, Parks and Recreation
Director hlichael Hecker, IT Manager Bob Pearson, City Attorney Peter
Beck, Street Superintendent Phil Hals, Assistant Street Superintendent Mark
Thompson, Human Resources Representati~-e Lauren ~X~ipper, Park
Maintenance Super~risor Rodney Schreifels, Police Captain Ron
Nierenhausen, and City Clerk Tina Allard
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 Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN 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. DECEMBER 19, 2011 REGULAR AND CLOSED MINUTES.
4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.3 RESOLUTION 12-01 DESIGNATING DEPOSITORIES OF CITY
FUNDS.
4.4 DESIGNATE THE STAR NEWS AS THE CITY'S OFFICIAL
NEWSPAPER FOR LEGAL PUBLICATION.
4.5 APPOINT MAYOR JOHN DIETZ, FINANCE DIRECTOR TIM SIMON,
AND FIRE CHIEF JOHN CUNNINGHAM TO THE FIRE RELIEF
BOARD T O JANUARY 7, 2013.
4.6 RESOLUTION 12-02 AUTHORIZING USE OF A SAFE DEPOSIT BOX.
4.7 MASSAGE THERAPIST LICENSE TO JULA NELSON AT JOHN
• JOSEPH SALON VALID TO DECEMBER 31, 2012.
City Council Minutes
January 9, 2012
5.
6.1
Page 2
4.8 PURCHASE TWO CHEVORLET TAHOES WITH POLICE PACKAGE
IN THE AMOUNT OF $25,761.95, ONE CHEVROLET TAHOE WITH A •
STREET APPEARANCE PACKAGE IN THE AMOUNT OF $25,370.05,
AND TWO CHEVROLET IMPALAS IN THE AMOUNT OF $18,150.46
WITH AUTHORIZATION TO SET UP AND EQUIP THE VEHICLES
FROM BUDGETED FUNDS IN THE EQUIPMENT REPLACEMENT
FUND.
4.9 RESOLUTION 12-03 APPROVING THE 2012 MAINTENANCE
AGREEMENT BETWEEN THE CITY OF ELK RIVER AND WRIGHT
COUNTY FOR ROUTINE MAINTENANCE ON THE PARRISH
AVENUE BRIDGE.
4.10 ONSALE AND SUNDAY LIQUOR LICENSES FOR EXPRESSOS AND
SMOOTHIES, LLC DBA EL AMIGOES VALID TO JUNE 30, 2012
CONTINGENT UPON RECEPT OF A FOOD ESTABLISHMENT
LICENSE.
MOTION CARRIED 5-0.
Open Forum
Florence Schuldt, 17155 Quincy Street -Stated there were many vehicle spin outs during
the last snow storm and she requested Twin Lakes Road to be salted more. She also
questioned who owned the clock tower in the Elk River Station development because it
doesn't work.
Mayor Dietz noted the last snow was unusual due to a rain/sleet undercoating. •
It was noted the city didn't own the clock tower.
Presentation and Approval of the Advertisement of Bids for the Public Works Facility-Bid
Package 2
Mr. Simon presented the staff report.
Pam Anderson, 292 Design Group -Presented the overall floor plan, building elevations,
and interior/exterior finishes for the Public Works Facility.
Brian Recker, RJM Construction -Discussed the project schedule and budget.
Councilmember Westgaard noted if the budget comes in favorable there were several
alternate items identified that could be added into the project.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE ADVERTISEMENT
FOR BIDS FOR THE PUBLIC WORKS FACILITY -BID PACKAGE 2. MOTION
CARRIED 5-0.
6.2 Review of Costs Associated with Private Utility Service Line Repairs
Mr. Femrite presented the staff report and questioned Council as to whether they want to
have the city abatement process be available as a financing tool for private utility service line •
repairs. He further questioned to what level the financing tool should be allowed. He noted
City Council Minutes
January 9, 2012
Page 3
the Elk River Municipal Ltilities would e~-aluate water repairs and send requests to their
• Board.
Attorney Beck stated there has been some case law in the last few years which has opened
dle door to allow the city to put these t<-pe of costs through the abatement process. He
stated this financing tool could be used for emergencies only or it could be allowed for those
homeowners who are supposed to be hooked up to the sewer system (per city ordinance)
but haven't done it vet He further stated this is a policy decision the Council should discuss
and staff is looking for guidelines from the Council. He stated one example of a requirement
could be setting an estimated cost limit on the repair.
Councilmember 1\-loon questioned how staff ~~ould be able to distinguish which repairs are
considered emergencies because it could be considered a health issue anytime there is a loss
of seiner/water.
Mayor Dietz preferred only allowing this financing tool to be used for emergency situations.
Councilmember Westgaard concurred but further questioned what would constitute an
emergency.
Councilmember Gumphrey liked the financing tool but questioned other situations such as
new hookups or cluster developments with common septic systems that may have issues and
want to hookup.
Attorney Beck stated the cluster development type requests could be considered under the
Minnesota Statute 429 Process and wouldn't follow under this financing tool.
• Councilmember Motin questioned what the exposure would be to the city if two requests
came up and only one was granted.
Attorney Beck stated staff s goal would be to have and apply guidelines uniformly but all
requests would come to Council for consideration. He stated the Council could consider
various factors in making their decision to finance these projects on an individual basis
noting one such example may be the economic situation of the city as a whole at the time of
the request.
Mayor Dietz and Councilmember Motin stated they were not in favor of allowing existing
homeowners, who are required to be on the city system, this financing option but may be
open to review it.
Councilmember Motin questioned what the priority of the assessment would be as
compared to mortgages because some homes may be underwater with their mortgages and
the values may be less than what is owed on them.
Attorney Beck stated they could require the property owner to the get consent and
subordination of their lenders but it would add a complication to the process.
Mr. Femrite suggested setting a minimum and maximum cost to lessen the liability.
Councilmember Motin suggested setting a cap without the subordination.
•
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January 9, 2012
Page 4
.attorney Beck will research how the cit<- would fair with the mortgage company in this
scenario.
A Council majorit<- was in favor of this financing tool and for staff to come back w~ida some
suggested parameters incorporating minimums/maximums, definition of an emergency. etc.
Councilmember Zer~~as stated he would be okay with allou7ng for picking up some of the
ordinance required hookups.
Mayor Dietz asked for a list of the number of people are supposed to be on city sewer that
are not currently on it.
6.3 Fire Seri=ice Task Force
Chief Cunningham presented the staff report.
Council had the following comments regarding the task force:
Have outside fire chief be someone with experience in this process
Concern for the direction the task force may take. They asked for an update memo to be
provided to Council after each meeting.
Concern that too many stakeholders are listed to be on the task force which could make
it difficult to agree on a vision and direction. Stakeholder list should be reduced.
It was consensus that Mayor Dietz and Councilmember Gumphrey would be stakeholder
members. •
Staff to come back with a list of stakeholders for Council consideration.
6.4 Sidewalk and Trail Snow Removal
Mr. Hecker and Mr. Schreifels presented the staff report.
Mayor Dietz stated he asked for this item to be on the agenda because he felt that staff
should only be plowing sidewalks/trails during business hours and questioned if the Council
wanted to spend overtime hours for this type of service.
Staff discussed past practice, city ordinance, and the sleet that occurred prior to changing to
snow. Mr. Schreifels discussed the extra time, fuel, and salt, it would've taken to remove the
snow if they had waited to plow.
There was discussion on the difficulty there is in the city meeting the 24 hour notice
requirement in city ordinance for residents and businesses. It was noted this would be
difficult for the city to follow due to the number of trails and the amount of staffing and
equipment available.
Council suggested outlining a polity that would be similar to the street snowplow policy.
Staff suggested a policy that had a different degree of requirements than the 24 hour
ordinance requirement and further expressed concern with the liability exposure in trying to
meet this requirement. •
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January 9, 2012
Page 5
Attorney Beck noted that the city would be opening themselves up to a liability exposure
• once a policy is set.
Council majority stated they were in favor with how the parks maintenance staff handles the
process and no action was taken to make any changes at this time.
6.5 Public y~'orks Staffing Discussion
1\1r. Fortner presented the staff report.
Mayor Dietz questioned h1r. Thompson's responsibilit<- and pay.
IVIr. Fortner referred to the March 8, 2011, staff report that outlines the transition of duties
timeline.
Councilmember Gumphrey expressed concern with giving Mr. Thompson Interim Street
Superintendent wages when the Street Superintendent is still employed part time.
Councilmember Moon suggested doing aphased-in pay adjustment to match the phased-in
retirement transition.
I~Zayor Dietz concurred and felt one person should be in charge all the time.
Councilmember Gumphrey concurred.
The Council asked the city administrator to put together the total financial cost impact and
• his recommendation for the organizational structure for the public works department.
6.6 Discussion Regarding Use of iPads
Chief Cunningham did a demo of the iPad and Mr. Pearson discussed costs for purchase of
the iPads, accessories, and training.
Joe Sarnick, Elk River School District -Spoke on the experience the school district had
with iPad implementation.
Councilmember Motin and Westgaard preferred the 3G option as they are not always in Wi-
Fi coverage areas.
Council consensus was to move forward with iPad implementation. Staff to come back with
a usage policy and to review who at staff level would need one similar to the
cell/smartphone policy.
6.7 Appoint Acting Mater
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPOINT COUNCILMEMBER MOTIN
AS ACTING MAYOR FOR 2012. MOTION CARRIED 5-0.
6.8 Council Open Forum
• Lighting Contest
City Council Minutes
January 9, 2012
Page 6
hfa5-or Dietz questioned interest in implementing a Christmas lighting contest next rear for
community good«-ill. •
Council majority was not interested in the contest and expressed the follo~z-ing reasons:
• Separation of church and state
^ «'aste of electricity
^ Staff time needed for the project
Yellow ~'bbon Campaign
1\layor Dietz discussed the program.
Councilmember Zerwas stated there was good turnout for the kickoff and the program was
moving and impressive.
Mr. Nierenhausen stated this program is worthwhile and within one ~=ear Elk River should
have a good program in place.
7. Announcements
Dozvntosvn Task Force
Mr. Fortner noted that Ron Touchette has declined to serve on the task force but that Pat
Dwyer expressed interest in serving.
Council consensus was to add this to the next agenda for formal consideration.
8. Adjournment •
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 9:14 p.m.
Tina Allard, Ciry Clerk