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4.1. DRAFT MINUTES 12-03-2012 CLOSED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, NOVEMBER 13, 2012 Members Present: Mayor Dietz,Councilmembers Gumphrey,Westgaard,Zerwas,and Motin Members Absent: None Staff Present: City Administrator Cal Portner,City Attorney Peter Beck,Fire Chief T. John Cunningham,and Executive Secretary/Deputy City Clerk Jessica Miller Also Present: Prosecuting Attorney Scott Baumgartner 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 6:31 p.m. by Mayor Dietz. 2. Closed Meeting-Attorney-Client Privilege,Litigation Related to Enforcement in the Moritz Fence Matter The purpose of the closed meeting was to discuss the litigation related to enforcement in the Moritz Fence Matter 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 6:57 p.m. John J.Dietz,Mayor Tina Allard,City Clerk CLOSED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, NOVEMBER 13, 2012 Members Present: Mayor Dietz,Councilmembers Gumphrey,Westgaard,Zerwas,and Motin Members Absent: None Staff Present: City Administrator Cal Portner,City Attorney Peter Beck,Fire Chief T. John Cunningham,and Executive Secretary/Deputy City Clerk Jessica Miller 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 6:29 p.m. John J.Dietz,Mayor Tina Allard,City Clerk SPECIAL MEETING OF THE ELK RIVER CANVASSING BOARD HELD AT THE ELK RIVER CITY HALL TUESDAY, NOVEMBER 13, 2012 Members Present: Mayor Dietz,Councilmembers Gumphrey,Zerwas,Westgaard,and Motin Members Absent: None Staff Present: City Administrator Cal Portner 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 acting as the Canvassing Board was called to order at 7:05 p.m. by Mayor Dietz. 2. Canvass Results of Primary Election The November 6,2012,general election results for the Councilmember Ward 2 and Councilmnember Ward 3 races were reviewed. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 12-59 APPROVING THE ABSTRACT OF VOTES CAST IN THE PRECINCTS IN THE CITY OF ELK RIVER, STATE OF MINNESOTA AT THE GENERAL ELECTION HELD TUESDAY,NOVEMBER 6,2012. MOTION CARRIED 5-0. 3. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 7:06 p.m. John J.Dietz Mayor Tina Allard City Clerk MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER(UPPER TOWN CONFERENCE ROOM) TUESDAY, NOVEMBER 13, 2012 Members Present: Mayor Dietz,Councilmembers Gumphrey,Motin,Westgaard,and Zerwas Members Absent: None Staff Present: City Administrator Cal Portner,Finance Director Tim Simon,Parks and Recreation Director Michael Hecker,Parks Supervisor Rodney Schreifels, Golf Course Superintendent Paul Anderson,Building Maintenance Supervisor Gary Lore,Arena Manager Rich Czech,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 7:06 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 WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. APPROVE HIRING OF SUZANNE FISCHER AS COMMUNITY OPERATIONS AND DEVELOPMENT DIRECTOR WITH PAY AND BENEFITS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 5. Open Forum No one appeared for open forum. 6. Work Session 6.1. Planning Commission Applicant Interview The Council interviewed Mike Keefe. City Council Minutes Page 2 November 13,2012 MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT MIKE KEEFE TO THE PLANNING COMMISSION TO FULFILL AN UNEXPIRED TERM UNTIL FEBRUARY 28,2015.MOTION CARRIED 5-0. 6.2. Process for Filling Councilmember Ward 1 Open Seat Mr.Portner presented his staff report. Councilmember Zerwas stated that he will resign effective January 7,2013,which will leave just under two years left in his term. Councilmember Gumphrey stated that he is in favor of a special election because he does not believe that the Council should appoint someone to represent the citizens of Ward 1. Mayor Dietz disagreed. He indicated that state statute allows for an appointment.He stated that he doesn't feel that people would get out and vote.He added the Council could interview all interested candidates and make a decision on who should be appointed. Councilmember Motin stated he would like to get a better idea of the cost of a special election because it may not be worth the cost.Mr.Portner stated that early estimates for a special election are$8,000-$10,000.He added that he would like to see the position heavily advertised if the Council decides to do an appointment. Councilmember Zerwas indicated that he believes the best candidate will be chosen during the Council selection process.He added that he believes the turnout for a special election would be incredibly low. Mr.Beck explained that the Council cannot take formal action to fill the seat until the seat is actually vacant. Councilmember Westgaard stated that he shares the concerns about voter turnout and the cost of having a special election;however,he also fords it challenging to appoint someone to fill that seat since he doesn't live in that ward. Mr.Beck explained that if the Council ends up split on whether or not to call a special election,there would not be a majority to adopt the ordinance allowing the special election and it would automatically default to an appointment.He added that in an appointment situation,the Councilmembers vote and if they cannot agree,it becomes a Mayoral appointment. He stated that no decision needs to be made this evening and reminded the Council again that no formal action can be taken until the seat is vacant. Councilmember Gumphrey questioned if the position can be advertised before the vacancy exists.Mr.Beck stated that whether or not a special election is called for,the Council must appoint someone to fill the seat in the interim and that can be advertised. Councilmember Motin questioned if the Council can prohibit the person appointed from seeking re-election after their term expires.Mr.Beck stated that would have to be an agreement between the Council and the individual appointed. City Council Minutes Page 3 November 13,2012 6.3. 2013—2017 Capital Improvement Program Mr. Simon presented the staff report. Mr.Hecker and Mr. Schreifels reviewed park priorities.The Council discussed the appropriate level of funding transfer. It was noted that park buildings are funded through the Building Reserve Fund. Council consensus was to increase the rate of transfer from the Municipal Liquor Store Fund to the Park Improvement Fund from 20%to 45%.This policy revision will be brought back for formal approval on a future consent agenda. A. Ice Arena Renovation Update Mr. Czech presented his staff report.Mr. Simon reviewed the financial forecasts of each of the four options. The Council discussed the various options. B. Park and Capital Improvements (Councilmember Gumphrey) Councilmember Gumphrey stated that the city could combine some of the proposed projects such as the Arena renovation,Pinewood Clubhouse,Activity Center projects,and other park improvements into one large project and either bring to the voters for funding or obtain bonds. He added that quiet zones could also be included in the project.He stated that he only brought the issue up for discussion. He noted that he believes a decision should be made on the Arena renovation soon as construction costs will just continue to increase. Mayor Dietz indicated he believes the city can tackle some of the smaller projects through the normal budget process but that if the city moves forward with the Arena options 3 or 4, that should be decided by the voters.He stated that he would like to talk to other cities about quiet zones because costs seem to be less than our estimates.He stated he would like to see a plan in place before a decision is made. Councilmember Motin stated that he would not be in favor of options 1 or 2 presented for the Arena as they are just fixes to get by for a couple years. Mr.Portner indicated that there is time to put together a planning document and make decisions based on that document. He added that there is also time to gather support from local groups if necessary. Councilmember Westgaard stated that he believes quiet zones should be handled separately adding that many of the buildings discussed above have to do with leisure activities,which are wants,not needs.He added that it may make sense to do one large bonding bill. He would like to get additional information Farmington's proposal for their Arena renovation. 6.4. 2013 Budget Mr.Simon presented his staff report. Councilmember Zerwas stated that he would like to focus on the levy rather than the tax rate. City Council Minutes Page 4 November 13,2012 Mayor Dietz disagreed stating that he believes the tax rate is just as important. He added that he believes the taxpayers deserve to have any unused money from the Fund Balance put back into the General Fund.He stated that he would like to reduce the tax levy so that no Elk River resident sees a property tax increase unless their value has increased. Councilmember Westgaard indicated that the Council needs to pick a levy amount and that it doesn't matter what your house valued at,you expect certain amenities and have to pay for them.He stated that if all of the Fund Balance is put back in to the General Fund,then next year would be huge increase.He believes that reducing the Fund Balance gradually over the next three years is a better option. Councilmember Motin agreed stating that the Council focused on the tax rate when things were good,but with values down the focus needs to be on maintaining city services.He also agreed that the Fund Balance is a little high but he was not in support of reducing it all at once. Mr. Simon indicated he would bring back a plan based on Council feedback to reduce the Fund Balance over the next several years. Mayor Dietz explained that he is not convinced that a second employee is necessary in the Environmental Division.The Council discussed the position. It was the consensus of the Council to hold off making a decision on the environmental technician until the new community operations and development director is on board and have her come back to the Council with a recommendation once she has had a chance to evaluate the division. Councilmember Westgaard would like to hold the levy amount if possible and that his focus is on the total amount necessary to operate the city,not a tax rate. Councilmember Zerwas concurred with Councilmember Motin and Westgaard that he proposes moving forward with the same levy amount as 2012. 6.5. Council Open Forum No items were discussed under Open Forum. • 7. Announcements Mayor Dietz introduced and welcomed newly elected Councilmember Barbara Burandt. Mr.Portner stated that staff received a new citizen complaint regarding the Moritz property. He noted that it is a DNR issue but the city is obligated to investigate as the Local Government Unit. Councilmember Gumphrey indicated that he would like to see a decision on the Arena renovation made soon so that costly repairs are not made if the renovation is going to be brought to the voters. 8. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:59 p.m. City Council Minutes Page 5 November 13,2012 Minutes prepared by Jessica Miller. John J.Dietz,Mayor Tina Allard,City Clerk