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4.1. DRAFT MINUTES 06-04-2012MEETING OF THE ELK RIVER BOARD OF APPEAL AND EQUALIZATION HELD AT ELK RIVER CITY HALL MONDAY, MAY 14, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, and City Clerk Tina Allard Also Present: Sherburne County Assessor Daniel Weber, Residential Appraiser Kristi Botzek, and Commercial/Industrial Appraiser William Riley Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Board of Appeal and Equalization was called to order at 6:30 p.m. by Mayor Dietz. 2. Board of Appeal and Equalization The Board of Appeal and Equalization heard appeals continued from the April 30, 2012, meeting as outlined below: 1. April Westgaard, Parcel Identification Number 75-111-2100 Ms. Botzek provided a handout with suggested changes. She explained that she visited the property and compared it to similar properties, sales, as well as aerial and FEMA maps. Ms. Westgaard indicated she believes the value should still be lower and she is not clear on what type of wetland is on her property and whether or not it should be exempt. Ms. Botzek explained that the Army Corps of Engineers identified the property as a Type 2 wetland, also known as wet meadow, on August 30, 2011. She stated that the Type 2 designation is appropriate based on maps and adjacent properties. Mr. Weber stated that Ms. Westgaard has until July 1 to present his office with proof that the wetland on her property should be exempt. He noted that the Board does not have the authority to exempt a property from taxation. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADJUST THE TOTAL VALUE OF PARCEL 75-111-2100 TO $346,900 BY REDUCING THE LAND VALUE FROM $206,200 TO $172,200. MOTION CARRIED 4-0. Councilmember Westgaard abstained. Gary Santwire, Parcel Identification Numbers 75-435-0630, 75-435-0640, 75- 445-0120, 75-547-0105, 75-616-0110, 75-762-0001, 75-762-0003, 75-762-0004, 75- 762-0005,75-762-0006,75-762-0007,75-762-0008, and 75-616-0105 Board of Appeal and Equalization Minutes May 14, 2012 Page 2 Mr. Santwire distributed an updated handout of the properties he is appealing including 11 factors that he believes need to be reviewed when considering the value. He stated that he met with representatives from the assessor's office and there was not enough time to review all of the properties thoroughly. Mr. Weber indicated that the River's Crossing parcels listed are classified as apartment but he believes they should be classified as residential, non-homestead because each unit is independently leased and rented and can be sold separately. This will reduce the net tax capacity on the properties by approximately 25%. Mr. Weber recommended that this item be referred to the County Board because there was not enough time to completely review the properties. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO MAKE NO CHANGE TO THE PARCELS LISTED ABOVE AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION CARRIED 5-0. Provo Enterprises, LLC, Parcel Identification Number 75-757-0115 Mr. Weber stated that at the last meeting, the Board increased the value of parcel 75-757- 0115 because of a garage addition. He stated that an updated notice was sent to the property owner and he is present this evening to discuss the value. Mr. Provo distributed a handout outlining his values and that of two similar businesses. He requested his value be reduced to $877,530 to be consistent with the other properties or that the value on the other properties be increased. Mr. Weber stated that the Board reduced the value of Exhibit A on Mr. Provo's handout at the last meeting due to their sale price and a reduction in their office space. He explained that the sale in Exhibit B was rejected because the seller assisted the buyer in financing the purchase. Mr. Riley distributed a handout with his recommendation to lower the value to $1,045,300. Mr. Provo stated he is requesting an additional 15% reduction. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADJUST THE TOTAL VALUE OF PARCEL IDENTIFICATION NUMBER 75-757-0115 TO $956,300 BY LOWERING THE PRICE PER SQUARE FOOT TO $42.50. MOTION CARRIED 5-0. Mayor Dietz adjourned the meeting at 7:02 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk John J. Dietz, Mayor MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, MAY 14, 2012 Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and Zerwas Members Absent: None Staff Present: City Administrator Cal Portner, Fire Chief John Cunningham, Parks and Recreation Director Michael Hecker, IT Manager Bob Pearson, Finance Director Tim Simon, Planning Manager Jeremy Barnhart, and City Clerk Tina Allard Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:05 p.m. by Mayor Dietz. 2. Consider Council A eg nda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 May 7, 2012 MINUTES 3.2 TRANSIENT MERCHANT LICENSE TO ALLEN PANTELIS TO SELL KITES, GROUND SPINNERS, WOOD CARVINGS, AND WINDSOCKS FROM THE PARKING LOT OF WASH-N-FILL, 18296 ZANE STREET NW, WEEKENDS MAY THROUGH SEPTEMBER, SUBJECT TO THE FOLLOWING CONDITIONS: 1. ONE 24 SQUARE FOOT SIGN SHALL BE ALLOWED. A TEMPORARY SIGN PERMIT MUST BE OBTAINED PRIOR TO DISPLAY OF THE SIGN. CONTACT THE PLANNING DEPARTMENT AT 763.635.1000. 2. THE MERCHANDISE DISPLAYED SHALL NOT OCCUPY MORE THAN 100 SQUARE FEET [SECTION 38-414 (6)]. 3. APPLICANT MUST REMAIN ON THE ASPHALT SURFACE AND NO PRODUCT SHALL BE DISPLAYED IN THE GRASSY AREAS. 4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 5. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. City CouncIl Minutes May 14, 2102 Page 2 6. THE AREA SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 7. TRAILER SHALL BE NO LARGER THAN 8X12. 8. NO SIGNAGE MAY BE POSTED ON THE TRAILER. 9. TRAILER TO BE PARKED OVERNIGHT AS SHOWN ON THE SITE PLAN. OVERNIGHT PARKING IS LIMITED TO FRIDAY THROUGH SUNDAY OF THE SALES WEEKENDS. 3.3.A SALES/STORAGE OF RETAIL FIREWORKS LICENSE RENEWAL FOR MENARDS IN ELK RIVER VALID UNTIL JULY 6, 2013 WITH THE FOLLOWING TWO CONDITIONS: 1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER. 2. APPLICANT MUST. CONTACT THE FIRE MARSHAL AT 763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN INSPECTION. 3.3.B SALES/STORAGE OF RETAIL FIREWORKS LICENSE RENEWAL FOR COBORN'S IN ELK RIVER VALID UNTIL JULY 6, 2013 WITH THE FOLLOWING TWO CONDITIONS: 1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER. 2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN INSPECTION. 3.4 EXTEND THE CONTRACTS WITH COMPLETE GROUNDS MAINTENANCE FOR LAWN ABATEMENT AT $25 PER HOUR AND WITH CARSON COMPANIES FOR JUNK ABATEMENT AT $38 PER HOUR. 3.5 SOLICITOR LICENSES TO MONTY TORPER AND AARON GOINGS TO GO DOOR-TO-DOOR SOLICITING SERVICES ON BEHALF OF CHARTER COMMUNICATIONS, VALID THROUGH DECEMBER 31, 2012. 3.6 RIGHT OF ENTRY AGREEMENT WITH STEVE JOHNSON, OWNER OF 309 JACKSON AVENUE. MOTION CARRIED 5-0. 4. Open Forum No one appeared for open forum. 5. Work Session 5.1 Commission Interviews The Council interviewed applicants for various Commission vacancies. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT MARILYN VAN FATTEN TO THE HERITAGE PRESERVATION COMMISSION WITH A TERM EXPIRATION OF FEBRUARY 28, 2015. MOTION CARRIED 5-0. City Council Minutes May 14, 2102 Page 3 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPOINT BONNIE SCHMITZ TO THE PARKS AND RECREATION COMMISSION WITH A TERM EXPIRATION OF FEBRUARY 28, 2015. Council noted it was a tough choice between the three applicants. Councilmember Motin stated he felt the two other candidates would be a better fit for the Commission due to their experience. Mayor Dietz concurred. MOTION FAILED 2-3. Mayor Dietz and Councilmembers Motin and Westgaard opposed. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT GUENTHER SAGAN TO THE PARKS AND RECREATION COMMISSION WITH A TERM EXPIRATION OF FEBRUARY 28, 2015. Councilmember Motin stated he believe Mr. Holmgren would be a better fit to the commission due to his experience. Mayor Dietz concurred and further stated Mr. Holmgren has experience with recreational services. MOTION CARRIED 3-2. Mayor Dietz and Councilmember Motin opposed. 5.2 iPad User Discussion Council and staff had a discussion on iPad usage. Council noted they would like staff to figure out how to sync the meeting schedules into their calendars. 5.3 Resolution Regarding the Classification of Certain Tax Forfeited Land and Specifying the Parcels to be Sold, Taken for Public Uses, and Taken for Public Purpose Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-23 REGARDING THE CLASSIFICATION OF CERTAIN TAX FORFEITED LAND LOCATED WITHIN THE CITY OF ELK RIVER AND SPECIFYING THE PARCELS TO BE SOLD, TAKEN FOR PUBLIC USES, AND TAKEN FOR PUBLIC PURPOSES. MOTION CARRIED 5-0. 5.4 Code Enforcement Direction for Political Suns Ms. Allard presented the staff report. Councilmember Motin expressed concern with staff time if the current policy were changed. Council concurred to keep with the current policy as outlined in the staff report and requested staff to advertise on the city website. City Council IvGnutes Page 4 May 14, 2102 5.5 Annual Review of Financial Management Plan Mx. Simon presented the staEE report. He reviewed the results from 2011 and the breakout of the fund balance for the General Fund. In addition, he covered future trends Eor net tax capacity, pxopexry taxes, personnel services, department expenditures, and debt service, etc. Mr. Simon reviewed forecast assumptions and the long-term impact on the General Fund. He suggested this tool be utilized during budget time to review scenarios. 5.6 CouncIl Open Forum Passenger Rail between St. Cloud and Chicago Mayor Dietz stated he received a letter from Sherburne County and questioned if the Council was interested in considering a resolution supporting passenger rail between St. Cloud and Chicago. This item was added to the next meeting agenda. Counczlmember Gumphrey Absent Councilmember Gumphrey noted he would be absent From the June 4 and June 18 meeting. 6. Announcements IQnd Use Incentive Program Training Mr. Poxtner noted that two Councilmembers need to attend online training as part of the land use incentive program. He explained how claim costs would decrease if a quorum of the Council attends the training. Councilmember Motin and Westgaard stated they would attend the online training. Business Powered by Exceptional Service Mx. Pormer stated he received a call from a resident in another community who bought a vehicle from Cornerstone Auto. The customer contacted the city to discuss the great service he received from the car sales business. The customer had problems with the vehicle on the first day be purchased it but had noted further that Cornerstone Auto took care of him immediately and provided unbelievable customer service. Mr. Poxtner Further noted that the community works together as a team and customer service goes a long way for Elk River's community reputation. 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 MEETING 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 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. 5. Oven 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 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. Fortner presented the 2011 Annual Report. Mayor Dietz expressed appreciation to all staff for their work in 2011. 7.1 Request b~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 WORHING 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 May 21, 2012 MOTION CARRIED 5-0 Page 3 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, 1715 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 Moon 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 outlot 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. Ciry 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 aWrestling/Fitness Facility 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 prograintning 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 Hi hwa 169 and Main Street Intersection Beautification Desi 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. 'T'hey 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 Parkway Boulevard Design Mr. Barnhart presented the staff report. Councilmember Westgaard agreed with staffs 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. Councihnember 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 Signag_e 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. Ciry 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 ASTATE-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 L.at 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. 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 Motin 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. Fortner reviewed proposed changes to the Personnel Policy Manual. He stated the Polity 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 polity and the authority to make administrative changes. 10.2 Discuss Organizational Structure Mr. Fortner 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. Fortner 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. Fortner 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 11. Adjournment Page 8 There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:45 p.m. John J. Dietz, Mayor Tina Allard, City Clerk