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05-21-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 21, 2012 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, Finance Director Tim Simon, Economic Development Director Annie Deckert, City Attorney Peter Beck, Fire Chief John Cunningham, Police Captain Bob Kluntz, Police Captain Ron Nierenhausen, Elk River Municipal Operations Manager Troy Adams, 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 05/21/2012 Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5 -0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.3 ORDINANCE 12 -08 TO SECTION 50 -91 AND 50 -96 REGARDING MONITORING AND EXCESSIVE FALSE ALARMS. 4.4 MASSAGE THERAPIST LICENSE FOR JESSICA SAGER TO WORK AT BELA SALON VALID UNTIL DECEMBER 31, 2012. 4.5 CONTRACT WITH GARAGE FLOOR COATING OF MN IN THE AMOUNT OF $20,056 FOR PUBLIC SAFETY FLOOR REPAIR. 4.6 PROCLAIM SUNDAY, JUNE 3, 2012 AS LAW ENFORCEMENT SUNDAY. 4.7 RESOLUTION 12- 24 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER. ($8,350 FROM GREAT RIVER ENERGY FOR • EQUIPMENT AND SUPPLIES FOR IMPROVEMENTS TO HILLSIDE PARK). City Council Minutes Page 2 May 21, 2012 MOTION CARRIED 5 -0. Open Forum No one appeared for Open Forum. 6.1 Citv of Elk River Volunteer of the Month - Mavor Dietz Mayor Dietz introduced, read, and presented a plaque to the February Volunteer of the Month Alan Sakry. He provided the following background on Mr. Sakry's service within the community • Chamber of Commerce Boardmember and past Chair. Chair of the Chamber Shiver Elk River Program • YMCA Board Chair • Member of Independence Day Committee • Rotary Member: Strive and Golf Tournament Chair • Volunteer for CAER food shelf, Boys and Girls Club, Big Brother and Big Sisters Organization, and Faith in Action • Large Supporter of Numerous Non - profit Organizations 6.2 Presentation of 2011 Annual Report Mr. Portner presented the 2011 Annual Report. Mayor Dietz expressed appreciation to all staff for their work in 2011. 7.1 Request by Riverplace Counseling Center for Conditional Use Permit for Hotel Use (Clients in Program) and an Institutional Use (Overnight Counseling), 9824 Highway 10, Case No. CU 12 -07 Mr. Barnhart 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 MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE A CONDITIONAL USE PERMIT, CASE NO. CU 12 -07 TO RIVERPLACE COUNSELING CENTER WITH THE FOLLOWING CONDITIONS: 1. A CERTIFICATE OF COMPLIANCE SHALL BE PROVIDED TO ENSURE THE SEPTIC SYSTEM IS APPROPRIATELY WORKING FOR THE PROPOSED USE. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES AND BUILDING CODES. • City Council Minutes Page 3 May 21, 2012 ----------------------------- MOTION CARRIED 5 -0 • 7.2 Request by Duffy Development Company for Conditional Use Permit to Amend Elk River Station Planned Unit Development — Outlot G Use, Case No. CU 12 -08 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. Ms. Lenz, Elk River Station resident — Stated she is opposed to the conditional use permit for the following reasons: • safety of unsupervised children • cost of repairs • lack of parking • Bluffs development sitting vacant for long period of time • Would like to see more industrial development John Duffy, applicant — Stated this building will have its own playground. Florence Schuldt, 171St Avenue — Stated concerns with children playing in the area and with a daycare center being constructed. Mayor Dietz closed the public hearing. Mr. Barnhart stated the original master plan included a daycare center and additional office uses along with some other proposed uses but the lot hasn't been subdivided. Councilmember Motin stated he is not in favor of an apartment complex at this location. He stated commercial areas need to be expanded and preserved. He stated residents would like to see more community commercial development such as daycare centers or coffee shops. He further stated concerns with putting a residential development with many kids on a small 2 acre parcel around busy roads and a train track. He expressed concerns with developers coming in with a proposal that the Council approves and then coming back later to change the development to something different. Councilmember Motin stated he realizes there is a demand for apartments but feels they should be part of an overall plan and not built on a lot -by -lot basis. Councilmember Westgaard questioned if the intent of the developer is to keep an element of land as retail. He stated the subject parcel would fit in as a mixed use development per the Focus Area Study. He further noted that in addition to the gas station, he would like to see a retail element that could occupy the first floor with housing overhead in order to maintain some destination retail. Councilmember Westgaard stated this is not a good location for commercial use because it drives heavier traffic and has poor access. He stated he is not against the apartment complex but would like to see more detail before fully supporting it. He noted the details that need to be worked out include the mix of residential and retail and how both parts of the oudot would be developed. Councilmember Zerwas and Gumphrey concurred with Councilmember Westgaard. Councilmember Gumphrey noted he would like to see a larger play area, along with parking and resident's concerns being addressed. City Council Minutes May 21, 2012 Page 4 MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, • CASE NO. CU 12 -08 AMENDING THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR ELK RIVER STATION TO ALLOW UP TO A 60 UNIT APARTMENT BUILDING ON OUTLOT G IN ADDITION TO THE USES ALREADY LISTED IN THE PUD. MOTION CARRIED 3 -2. Mayor Dietz and Councilmember Motin opposed. 7.3 Request by Spectrum High School for an Interim Use Permit to Extend Their Existing IUP for a \Vrestling /Fitness Facilitv at 17834 Industrial Circle, Case No. CU 12 -04 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. Rick Peterson, applicant — Discussed programming and a possible future partnership with the city. Mayor Dietz closed the public hearing Councilmember Motin stated he is okay with one more extension but noted the school should develop a final solution for a different location before the expiration of this permit. Councilmember Westgaard discussed state law issues that prohibit property ownership for charter schools. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY • COUNCILMEMBER WESTGAARD TO APPROVE INTERIM USE PERMIT, CASE NO. CU 12 -04 TO UTILIZE SPACE AT 17834 INDUSTRIAL CIRCLE FOR WRESTLING AND FITNESS CLASSES WITH THE FOLLOWING CONDITIONS: 1. INTERIM USE PERMIT SHALL EXPIRE AUGUST 15, 2014. 2. AS AN INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS, INCLUDING APPROVALS FROM THE FIRE CHIEF, CITY ENGINEER AND BUILDING OFFICIAL. 3. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL CONTINUE TO BE MAINTAINED. 4. DUE TO THE INDUSTRIAL NATURE OF THE NEIGHBORHOOD, THE SCHOOL RECOGNIZES THAT NOISE, ODORS, TRUCK TRAFFIC, AND OTHER UNDESIRABLE EFFECTS MAY BE PRESENT. MOTION CARRIED 5 -0 8.1 Highway 169 and Main Street Intersection Beautification Design Mr. Barnhart presented the staff report. Councilmember Westgaard stated the city is moving in the right direction with meeting the intent of the beautification goal and this is an item the city can prioritize into the budget as • the budget allows. City Council Minutes May 21, 2012 Page 5 • Council expressed concerns with the high water costs and park maintenance labor listed in the staff report. They felt these estimates were high. Mayor Dietz suggested volunteers may be able to take on some of the maintenance work when the new volunteer program is implemented. Councilmember Gumphrey asked that the Powered by Nature brand be incorporated into the design. Councilmember Motin expressed concern with the look of plantings through the seasons. Mr. Barnhart stated the architect was asked to design for year -round interest Council consensus was to move forward as outlined in the staff report. 8.2 Orono Parkwav Boulevard Design Mr. Barnhart presented the staff report. Councilmember Westgaard agreed with staff's recommendation and felt the location needed more study to determine the final design selection. Councilmember Motin agreed with staff recommendation for the short term. He stated he is unsure about the final design plan having prairie grasses in it. Councilmember Gumphrey stated the prairie grass needs to be removed at some point and the city should do something attractive at this location due to the city hall and library facility located adjacent to it. Dave Anderson, 14845 County Road 30 — Provided photos and reviewed various public areas that have failed due to improper maintenance. He stated he is concerned about sustainability and long -term maintenance. He stated he is willing to volunteer but more volunteers are needed for the long -term maintenance. Councilmember Westgaard stated all plans are sustainable but at what cost to the city. Council consensus was to accept staff recommendation in regards to mowing and to wait until August to revisit the Orono Parkway median design plan. 8.3 City Limit Signage Mr. Leeseberg presented the staff report. He also reviewed historic downtown street signs. Mayor Dietz suggested the funds for the access point signs be taken from the Council Contingency Fund. He further suggested putting the Powered by Nature logo on the signs rather than the words. Councilmember Zerwas suggested having one city logo and one Powered by Nature logo on the downtown parking signs rather than the two city logos as shown in the staff report. • City Council Minutes May 21, 2012 Page 6 Councilmember Motin stated he liked the idea of including the Powered by Nature logo but noted it shouldn't be incorporated if it won't look at attractive. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO SPEND UP TO $2,500 FOR WELCOME SIGNAGE TO BE INSTALLED AT VARIOUS ROAD ACCESS POINTS AROUND THE CITY. MOTION CARRIED 5 -0. 8.4 Resolution Supporting Passenger Rail Service from Chicago to St. Cloud Councilmember Zerwas stated he was not interested in passing this resolution. Councilmember Motin concurred. He questioned how a passenger rail would benefit the City of Elk River; whether time would be saved getting to Chicago. He also noted there is no stop proposed in Elk River. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 12 -25 SUPPORTING THE ADDITION OF A STATE - SPONSORED PASSENGER RAIL SERVICE BETWEEN CHICAGO AND THE TWIN CITIES, EXTENDING TO ST. CLOUD. MOTION CARRIED 3 -2. Councilmember Motin and Zerwas opposed. 9. Announcements Parking Lot Medians • Councilmember Gumphrey brought up Mr. Anderson's submitted photos under the Orono Medians agenda item. He stated he would like Street Maintenance staff to look at the parking lot medians to see what can be done to clean them up. He would also like a report back to the Council. Volunteer of the Month Award Councilmember Motin stated he likes the Volunteer of the Month Program but questioned if the Council should have two types of awards by adding a more special type of award such as a Lifetime Outstanding Volunteer Award. He stated that many of the recent volunteers of the month would fit into this outstanding category. He suggested the Volunteer of the Month be selected by staff. He asked the Council to think about this item. Personnel Items Councilmember Motin expressed concern with the chain of command in dealing with personnel issues. He stated concerns with certain supervisory personnel and their job performance. He stated he has observed some deficiencies when these supervisors have come to the City Council to present on specific items. He stated the current review process has been too slow and cumbersome. He noted two complaints have been lodged against the city. Councilmember Motin questioned the Council as to whether they had similar concerns. Councilmember Motin stated that speaking in his personal opinion that he has no confidence in the human resources representative and the recreation manager and would like to see them fired. f Councilmember Gumphrey stated he would like to give the new city administrator time to • assess staff and bring any recommendations forward if he feels they are needed. City Council Minutes May 21, 2012 Page 7 • Councilmember Westgaard questioned how Councilmember Morin can know what is going on at staff level. Councilmember Motin stated Councilmembers are allowed to talk to staff and he further referred to situations that occurred at certain closed meetings. He stated a lot of staff doesn't trust human resources. He said the human resources employee takes management's point of view when there is a complaint. He stated he didn't' feel an employee could go and ask for advice. Councilmember Westgaard concurred with Councilmember Gumphrey and stated much of the events discussed occurred 6 -12 months ago. He stated it is history and Council and staff have moved on. He stated it is unfair to come to a public meeting and call for somebody's name and job when the new city administrator and the staff should be allowed to do their job. He stated the city administrator's job is to manage the staff and day -to -day operations and the Councilmembers as elected officials who act as policy makers. Mayor Dietz stated it is not fair to call out the recreation manager as he was working under difficult conditions without a Parks and Recreation Director for a couple of years. He stated things have improved quite a bit in the department since the new director was hired. He further stated it is the city administrator's job to manage staff. Council recessed at 8:15 p.m. in order to go into worksession. Council reconvened at 8:25 p.m. • 10.1 Review and Discuss Personnel Policy Manual Updates Mr. Portner reviewed proposed changes to the Personnel Policy Manual. He stated the Policy will come back to Council on an annual basis for review. He further stated he would like authority to make administrative changes to the Policy throughout the year and would only bring it back to Council if any proposed changes affected such items as time or budget. Council concurred with Mr. Portner's changes to the policy and the authority to make administrative changes. 10.2 Discuss Organizational Structure Mr. Portner presented the staff report. He stated he tried to work with the current resources available in order to create a better span of control. He further noted the organizational charts are job specific and not person specific. Mr. Portner stated he would like to advertise for the community operations and development director and the Engineer Tech II positions. He further noted that some position descriptions will need to be changed and evaluated. Council expressed concerns with hiring a community operations director and a deputy director due to budget costs and would like to see more detail on how the budget would be affected in the future. Council commended Mr. Portner on the new innovative organizational structure. Council also questioned who would fill in as backup when the city administrator is unavailable. Council consensus was to move forward with the new organizational plan. City Council Minutes May 21, 2012 Page 8 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City • Council at 9:45 p.m. '�" hW Tina Allard, City Clerk • •