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08-06-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 6, 2012 Members Present: Mayor Dietz, Councilmembers Zenvas, Gumphrev, Westgaard, and Motin Members Absent. None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Elk River Municipal Utilities Operations Manager Troy Adams, Street Superintendent Mark Thompson, Accountant Lori Stich, Librarian Mick Stoffers, Cit. Attornev Peter Beck, Police Chief Brad Rolfe, Police Captain Ron Nierenhausen, Police Captain Bob Kluntz, and City- Clerk Tina Allard 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Citv 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 g e nda • MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5 -0. 4. Consent Agenda Councilmember Motin disclosed that he is a shareholder for the Elk River Country Club but had no interest or benefit with their special event permit request (Item 4.8). MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 JULY 9, 2012 WORKSESSION MINUTES. 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3 PAVEMENT MANAGEMENT MAPS FOR ANTICIPATED PROJECTS TO BE COMPLETED IN YEARS 2013, 2015, AND 2017 AS OUTLINED IN THE STAFF REPORT. 4.4 QUOTE FROM MICHELS CORPORATION AND HERBST EXCAVATING IN THE AMOUNT OF $23,161.75 TO INSTALL A NEW OVERFLOW PIPE TO CONTROL MAXIMUM ELEVATION OF THE POND LOCATED JUST SOUTH OF TIME OUT RESTAURANT AND SPORTS BAR. 4.5 RESOLUTION 12 -39 ENTERING INTO AN AGREEMENT WITH THE • STATE OF MINNESOTA, DEPARTMENT OF TRANSPORATION City Council Minutes August 6, 2012 Page 2 4.6 ACCEPTANCE OF THE DISTINGUISED BUDGET PRESENTATION AWARD FOR THE CURRENT BUDGET FROM THE GOVERNMENT • FINANCE OFFICERS ASSOCIATION. 4.7 HIRE DANIEL BELAIR AS AN ENGINEERING TECHNICIAN II BEGINNING MONDAY, AUGUST 20, 2012 AT PAY GRADE 7, STEP B. 4.8 SPECIAL EVENT PER -MIT TO ELK RIVER COUNTRY CLUB /THREE RIVERS COMMUNITY FOUNDATION FOR FRIDAY, OCTOBER 5, 2012 WITH THE FOLLOWING CONDITIONS: 1. ALCOHOL MUST BE LIMITED TO AN AREA THAT IS FENCED IN WITH SECURED AND CONTROLLED ACCESS. AGE VERIFICATION IS REQUIRED AND WRIST BAND CONTROL IS RECOMMENDED. 2. INSPECTION OF THE OUTSIDE AREA BY THE FIRE DEPARTMENT MUST TAKE PLACE PRIOR TO THE EVENT. APPLICANT IS RESPONSIBLE FOR CONTACTING THE FIRE MARSHAL AT 763.635.1110 TO ARRANGE FOR AN INSPECTION AFTER THE TENT AND STAGE AREAS HAVE BEEN SET UP. 3. EVENT PARKING MAY NOT OBSTRUCT PUBLIC ROADWAYS OR RENDER THEM UNSAFE FOR VEHICLE OR PEDESTRIAN TRAFFIC. 4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 5. ALL TEMPORARY SIGNS SHALL RECEIVE A PERMIT PRIOR TO DISPLAY. 6. ALL APPLICABLE NOISE ORDINANCES MUST BE FOLLOWED. 7. APPLICANT IS RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH POLICE PERSONNEL. • MOTION CARRIED 5 -0. 5. Open Forum David and Heather Orton, 19442 Zane Street — Stated they would like the city ordinance changed to allow chickens in residential areas. Staff was directed to follow up on the item. 6. Awards /Recognitions None. 7. Public Hearings None. 8.1 Resolution Supurting Elk River Municipal Utilities' Electric Service Territory Acquisition Mr. Adams noted it is the 65� anniversary for Elk River Municipal Utilities. Mr. Adams presented the staff report. Mayor Dietz outlined the importance of full Council support for this resolution. . City Council Minutes Page 3 _august 6, 2012 is MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12 -40 OF THE CITY COUNCIL OF THE CITY OF ELK RIVER SUPPORTING THE EXTENSION OF THE ELK RIVER MUNICIPAL UTILITIES ELECTRIC SERVICE TERRITORY WITHIN THE CITY OF ELK RIVER. MOTION CARRIED 5 -0. 8.2 Ordinance Amending Ice Arena Commission Membership -,\Ir. Portner presented Mr. Czech's staff report. There was discussion of the Skate Club's commitment to providing some funding for an Sena renovation project. Councilmember Motin suggested the following language changes: Two representatives from the Public selected by the City Council. One representative designated by the Elk River Skating Club. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 12 -13 AMENDING SECTION 2- 252(a) OF THE CITY CODE OF ORDINANCES RELATING TO ICE ARENA COMMISSION MEMBERSHIP WITH THE CHANGES NOTED ABOVE. MOTION CARRIED 5 -0. 8.3 Community Operations and Development Director Position • Mr. Portner presented the staff report. He reviewed the past hiring process for director level positions and suggested eliminating the board member seat. There was discussion on the financial impact to the budget, internal candidate preference, and the educational requirements. Council consensus was that all candidates would be treated equally and for two candidates to be brought forth to the City Council. Council expressed concern with opposite type departments having different needs working together. Mr. Portner stated when a deputy position is hired; it will complement the director position. He further stated the director position is a role that provides leadership and visioning as opposed to technical skills which will come from management. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE COMMUNITY OPERATIONS AND DEVELOPMENT DIRECTOR POSITION. MOTION CARRIED 5 -0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO FORM AN INTERVIEW COMMITTEE • WITH COUNCILMEMBER ZERWAS AS THE COUNCIL REPRESENTATIVE City Council Minutes August 6, 2012 Page 4 AND TO AtiTHORIZE ADVERTISING FOR THE POSITION. MOTION CARRIED 3 -0. . 8.4 Discuss Work Session Agendas Mi. Pormer presented the staff report. Council consensus -,t-as to accept the agenda topics noted in the staff report. Announcements There were no Announcements. Council recessed at 7:10 p.m. 10. Work Session Council reconvened at 7:17 p.m. 10.1 2013 Budget Discussions The requested budgets for police, library, and administration were reviewed. Mayor Dietz stated he would like to see more sports programming. Council requested to spread the funds out for elections budget so there are not large changes • in the budget every other year. 10.2 Public Presentation Poli cy Mr. Portner presented the staff report. He noted the Parks and Recreation Department gets numerous requests from groups who want to participate or promote themselves at the downtown concerts. He stated the policy would allow for presentations that are an honor or benefit to the Elk River community. Councilmember Motin expressed concerns with First Amendment rights. Councilmember Westgaard stated this policy would be for city organized events and the city could have discretion over who speaks at them. This item is to come back to Council on a future Consent Agenda. 10.3 Advisory Board /Commission Policy Amendment Mr. Portner noted it can be difficult to interview board /commission members, who are making a commitment to volunteer for the city, in the public. He wanted to create an environment that is respectful to volunteers applying for these vacancies. He suggested slowing the process down and building a Council consensus for an applicant rather than taking an immediate vote. He noted Council could take the time to discuss why they may choose one applicant over another. Ms. Allard presented the staff report. 0 City Council Minutes _august 6, 2012 Page 5 is There were comments regarding the tally form, determining tie rotes, handling candidates -,vho apply for more than one position. Councilmember Motin questioned if Council -,-,-anted to interview volunteers who are designated by other groups. Mr. Portner stated the Council may still want to continue to interview- them in order to find out what their goals are, to understand their viewpoint on different items, and to create balance across the whole commission. Councilmember Zerwas stated it would be nice to meet the applicants and put a face to a name. Mayor Dietz noted the last interview- process for a Parks and Recreation commission vacancy was awkward and seemed discouraging to applicants. He expressed concerns with applicants wanting to volunteer in the future. He stated he preferred a different process than what is currently being followed. Councilmember Zerwas expressed concerns with doing the tally sheet and not having a discussion about candidate choices. No changes were made to the Advisory Board and Commission Policy. 10.4 Discuss Opportunity= for Fiber Optic Network Partnership Mr. Portner stated the Information Technology Division had been working on a plan for fiber network connectivity within city facilities. He stated a timely opportunity has arisen that could move this project forward more quickly than expected. Mr. Pearson reviewed his staff report. There was discussion on looping, partnerships reliability, and funding. Council consensus is to move forward with pursuing partnerships for this project. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:50 p.m. John J. Dietz, Mayor Tina Allard, City Clerk • • r •