12-17-2012 CCM MEETING OF THE ELK RIVER CITY COUNCIL
4110 HELD AT THE ELK RIVER CITY HALL
MONDAY, DECEMBER 17, 2012
Members Present: Mayor Dietz, Councilmembers Zerwas,Motin,Westgaard,and Gumphrey
Members Absent None
Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,City
Engineer Justin Femrite,Parks and Recreation Director Michael Hecker,
Police Captain Bob Kluntz,Patrol Captain Ron Nierenhausen,Street
Department Superintendent Mark Thompson,Fire Chief John
Cunningham,Various Firefighters,City Attorney Peter Beck,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 6:32 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
• 3. Consider 12/17/2012 Agenda
Councilmember Zerwas requested Item 4.5 be removed from the Consent Agenda and
added before General Business.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA WITH THE
AMENDMENT NOTED ABOVE. MOTION CARRIED 5-0.
4. Consider Consent Agenda,
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING
CONSENT AGENDA:
4.1 DECEMBER 3,2012 REGULAR MEETING MINUTES.
4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.3 PAY ESTIMATES FOR THE PUBLIC WORKS FACILITY AND
NATURE'S EDGE BUSINESS PARK PROJECT AS OUTLINED IN THE
STAFF REPORT. •
4.4 RENEWAL OF THE FOLLOWING LICENSES VALID JANUARY 2,2013
THROUGH DECEMBER 31,2013.
1. MASSAGE ESTABLISHMENT—JOHN JOSEPH SALON
2. MASSAGE THERAPIST—SONIA TALLAKSON,BELA SALON
• 3. MASSAGE THERAPIST—AMANDA DAHMEN, LITTLE
REJUVINATION STATION.
City Council Minutes Page 2
December 17,2012
4.6 RESOLUTION 12-70 AMENDING THE ICE ARENA COMMISSION
MEETING TIMES. •
4.7 TOBACCO LICENSE TO BP ELK RIVER,INC.,DBA/BP ELK RIVER
VALID THROUGH DECEMBER 31,2013.
4.8 ORDINANCE 12-19 AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $10,000,000 GENERAL OBLIGATION REFUNDING BONDS
BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY
OF ELK RIVER,MINNESOTA; PROVIDING FOR THE FORM AND
DETAILS THEREOF;AND AUTHORIZING THE ECONOMIC
DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER,
MINNESOTA,TO PLEDGE THE FULL FAITH, CREDIT AND
RESOURCES OF THE CITY OF ELK RIVER,MINNESOTA, FOR THE
SECURITY AND PAYMENT OF THE BONDS.
4.9 AMEND PERSONNEL POLICY TO ALLOW FOR PREMIUM PAY FOR
LIQUOR STORE EMPLOYEES PERFORMING FLOOR REFINISHING
OR PRODUCT INVENTORY ON A SUNDAY WITH PREMIUM PAY
BEING AT A RATE EQUAL TO 1.5 TIMES THE EMPLOYEE'S
REGULAR RATE OF PAY AS OUTLINED IN THE STAFF REPORT.
4.10 RESOLUTION 12-71 ENTERING INTO A MASTER PARTNERSHIP
CONTRACT WITH THE STATE OF MINNESOTA.
4.11 AGREEMENT BETWEEN THE CITY OF ELK RIVER AND
INDEPENDENT SCHOOL DISTRICT NO.728 REGARDING THE
INSTALLATION OF MUNICIPAL WATER LINES AND
MAINTENANCE OF HALES FIELD/OAK KNOLL IRRIGATION
SYSTEM.
MOTION CARRIED 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month-Mayor Dietz
Mayor Dietz introduced,read,and presented a plaque to February Volunteer of the Month
Debbie Smith.He noted the following accomplishments:
• Meals on Wheels
• Salvation Army bell ringer
• Volunteer Bridge
• CAER food shelf
• Volunteer coordination at Riverfront Concert series
Mayor Dietz thanked Ms. Smith for her work in the community.
6.2 30-Year Retirement of Street Division Superintendent Phil Hals
Mr.Thompson spoke regarding Mr. Hals years of service. He stated his unique skills and
"can-do"spirit made him an excellent choice for the role of superintendent in the Street
Division. He further highlighted his past accomplishments and thanked his family for their
patience with the hours Mr. Hals was away from home. •
City Council Minutes Page 3
December 17,2012
Mayor Dietz stated Mr.Hals is a person who cares about the city and always came up with
• creative ways to save money. He stated Mr. Hals has been an invaluable member of this
community for a long time.Mayor Dietz read and presented a plaque proclaiming Phil Hals
Day.
Mr. Hals thanked everyone for their remarks and further stated he thoroughly enjoyed his
job but has mixed emotions about retiring.He stated he considered himself more of a coach
than supervisor and thanked all his employees for their dedication.
6.3 Councilmember Gumphrey Recognition
Mr.Dietz stated he appreciated Councilmember Gumphrey's up-front honesty and noted he
was a hard working Councilmember who studied the issues before making decisions.
Councilmember Zerwas concurred and discussed how they've always been able to maintain
friendship and professionalism no matter how much disagreement they may have been on an
issue.
Councilmember Westgaard stated it was a pleasure working with Councilmember Gumphrey
and noted he was a good leader to learn from. He thanked him for his guidance and
leadership.
Councilmember Motin stated it will be sad to see him go and wished him good luck.
Councilmember Gumphrey stated decisions were made together, and issues were supported
by the group as a whole once they were made,whether there was full agreement by the
• Council or not. He also thanked the citizens of the community.
Mayor Dietz read and presented a plaque to Councilmember Gumphrey thanking him for
his support and service to the city.
6.4 Acceptance of Certificate of Excellence in Financial Reporting
Mr. Simon presented the staff report.He thanked staff for their hard work throughout the
year.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ACCEPT THE CERTIFICATE OF
ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING.
MOTION CARRIED 5-0.
Councilmember Gumphrey stated the Council is proud of this accomplishment.
Mayor Dietz stated staff does a great job with the city financials and have great ideas and
forethought.
7. Public Hearings
There were no public hearings.
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City Council Minutes Page 4
December 17,2012
4.5 Resolution Adopting the 2013 Compensation Plan for Non-Organized Employees
Councilmember Zerwas raised concerns made by various firefighters regarding some of the •
language of the Part-Time Pay Section, Item 4, as it relates to elimination of some positions
as of March 1. He noted they also were concerned with the timing of the consideration of
adopting this Plan while the comment period for the Fire Service Task Force Report was still
open. He stated he agreed with the concerns,as far as the appearance of moving forward
with structural and organizational changes, before the process has played out.
MOVED BY COUNCILMEMBER ZERWAS TO REMOVE THE FOLLOWING
PARAGRAPH FROM PART-TIME PAY ITEM 4 OF THE ATTACHMENT IN
THE COMPENSATION PLAN RESOLUTION:
"IN 2013,THE FIRE DEPARTMENT WILL BEGIN TRANSITIONING
TO A NEW ORGANIZATIONAL STRUCTURE WHICH WILL
INCLUDE THE IMPLEMENTATION OF NEW JOB DESCRIPTIONS.
BEGINNING MARCH 1,2013,ALL PAID ON-CALL FIREFIGHTERS,
REGARDLESS OF RANK,WILL BE COMPENSATED THE
FIREFIGHTER BASE RATE ABOVE ($12.70) PLUS THEIR
EDUCATIONAL INCENTIVE PAY FOR ACTUAL HOURS WORKED.
CAPTAINS AND LIEUTENANTS WILL RECEIVE ANNUAL
POSITION STIPENDS FOR REQUIRED TRAINING AND
PERFORMING ADDITIONAL DUTIES, INCLUDING REGULAR
PARTICIPATION AS AN ON-CALL DUTY OFFICER. CAPTAINS WILL
BE PAID $3,600/YEAR($300/MONTH)AND LIEUTENANTS
$2,700/YEAR($225/MONTH). DISTRICT AND ASSISTANT CHIEF
POSITIONS WILL BE ELIMINATED MARCH 1,2013,TO BE
110
REPLACED BY FULL-TIME DEPUTY CHIEFS IN THE FUTURE."
Councilmember Gumphrey disagreed stating the Task Force is not involved with setting
staff restructuring within the city.
Councilmember Zerwas agreed and further stated that past Council practice has always been
to have a discussion staff restructuring/organizational items but noted that this item is on
the Consent agenda.
Mayor Dietz stated he is willing to discuss this at the Task Force level,but a lot of this issue
has to do with duty officer pay. He further noted the Task Force stated at that they don't
want to deal with the duty officer program and it is in the hands of the city administrator and
fire chief. He stated there is nothing in the staff report that deals with duty officer pay;but
rather includes a more global statement in regards to formulating new job description for all
officer positions.
Councilmember Zerwas stated the job descriptions are in the Task Force Report that hasn't
been reviewed by the City Council because it is still out for comment,but now it is here on
Consent agenda to be implemented.
Councilmember Motin stated the language should be removed until the Council gets the
chance to review the Task Force Plan.
Mr.Portner apologized and stated the best thing to do is to strike the language and approve •
the rest of the pay plan. He stated the intention was to allow the opportunity to continue the
City Council Minutes Page 5
December 17,2012
duty officer program as it currently exists until completion of the Fire Service Task Force
• Report.He suggested adding a statement extending the duty officer program as it currently
exists until the Task Force Report process is done.
Councilmember Gumphrey stated there was a discussion about the duty officer pay and
everyone on the Task Force,including firefighters in attendance,agreed the pay discussion
should be designated to the city administrator and the fire chief. He further stated it is not
the Task Force's responsibility to determine pay.
COUNCILMEMBER ZERWAS AMENDED HIS MOTION TO ADD THE
FOLLOWING TEXT IN PLACE OF THE DELETED TEXT NOTED IN THE
ORIGINAL MOTION:
• EXTEND THE CURRENT DUTY OFFICER PROGRAM UNTIL THE
FIRE SERVICE TASK FORCE REPORT HAS BEEN APPROVED.
MOTION SECONDED BY COUNCILMEMBER WESTGAARD. MOTION
CARRIED 5-0.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-72 ADOPTING
THE 2013 COMPENSATION PLAN FOR NON-UNION EMPLOYEES WITH
THE CHANGES NOTED IN THE ABOVE MOTION. MOTION CARRIED 5-0.
• 8.1 Policy Change Associated with the Highland Road Sewer and Water Connections
Mr. Femrite presented the staff report. It was noted this item was discussed in detail at the
December 10,2012 Council meeting.
Mayor Dietz questioned how staff would track whether the connections were being made at
the correct time.
Attorney Beck stated the city will record notice of the new ordinance amendments against
these parcels with Sherburne County.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO CHANGE THE POLICY AS IT
RELATES TO THE COLLECTION OF SEWER AND WATER ASSESSMENTS
FROM PROPERTIES WITH SERVICES ALONG HIGHLAND ROAD AS
DRAFTED IN THE STAFF REPORT. MOTION CARRIED 5-0.
8.2 2012-2017 Capital Improvement Plan
Mr. Simon presented the staff report. He thanked Council and staff for all their time and
hard work on this project. He noted this update starts to address some of the beautification
goals as part of the city visioning plan.
Councilmember Westgaard thanked staff for a job well done and noted this is a guiding
• document laying out a road map for possible capital expenditures.
City Council Minutes Page 6
December 17,2012
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT THE 2013-2017 CAPITAL
IMPROVEMENT PLAN. MOTION CARRIED 5-0.
8.3 2012 Budget Amendments
Mr. Simon presented the staff report.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE 2012 BUDGET
AMENDMENTS AS STATED IN THE 2012 BUDGET AMENDMENTS
ATTACHMENT IN THE STAFF REPORT. MOTION CARRIED 5-0.
8.4 Annual Renewal of City's Insurance Policies with League of Minnesota Cities Insurance
Trust
Mr. Simon presented the staff report.
Mayor Dietz questioned how long the land use claim would have an impact on the city.
Mr. Simon stated they are typically a three year surcharge. He further noted the city will
come forward with a Request for Proposal for insurance agent of record at a later date.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ACCEPT AND APPROVE THE
RENEWAL OF THE CITY'S INSURANCE POLICIES WITH THE LEAGUE OF •
MINNESOTA CITIES INSURANCE TRUST AS OUTLINED IN THE STAFF
REPORT. MOTION CARRIED 5-0.
8.5 EDA,HRA,and Library Board Appointments
Mayor Dietz presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING
APPOINTMENTS:
1. DAN TVEITE—ECONOMIC DEVELOPMENT AUTHORITY—TERM
EXPIRATION DECEMBER 31,2018.
2. WILLIE JACKSON—LIBRARY BOARD—TERM EXPIRATION
DECEMBER 31,2015.
3. NICOLE NOVOTNY—LIBRARY BOARD—TERM EXPIRATION
DECEMBER 31,2015.
4. DENNIS CHUBA—HOUSING AND REDEVELOPMENT AUTHOITY—
TERM EXPIRATION DECEMBER 31,2017
MOTION CARRIED 5-0.
9. Announcements
Fuel Contract •
City Council Minutes Page 7
December 17,2012
Councilmember Motin asked for an update on the fuel contract.
Mr. Simon stated it was approximately$3.10 for unleaded and$3.19 for diesel.
Mr.Portner noted that the Council vacancy marketing has been sent out to the public.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 7:24 p.m.
J n J. ietz,Ma,+.
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Tina Allard,City Clerk
•