Loading...
4.1 DRAFT MINUTES 04-01-2013MEETING OF •, 7 :ELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOIq MONDAY, 0 Members Present: Mayor Dietz, Councilmembers Burandt, Motin, Westgaard, and Wilson Members Absent: None Staff Present: City Administrator Cal Portner, Environmental Administrator Rebecca Haug, City Attorney Peter Beck, Finance Director Tim Simon, Assistant Finance Director Lori Ziemer, Parks and Recreation Director Michael Hecker, Recreation Manager Steve Benoit, Community Operations and Development Director Suzanne Fischer, 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Alle 'ance The Pledge of Allegiance was recited. 3. Consider Council Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER WILSON TO APPROVE THE AGENDA. MOTION CARRIED 5 -0. 4. Consider Consent Agenda There were no items for consideration on the consent agenda. 5. Open Forum No one appeared for open forum. 6. Work Session 6.1 Sherburne County's Ditch Assessments Sherburne County Attorney Kathleen Heaney, Auditor /Treasurer Diane Arnold, Ditch Inspector Mike Lindau, and County Commissioner Bruce Anderson were present. Ms. Haug presented the staff report. Ms. Heaney indicated a Memorandum of Understanding may not be necessary as the ditch allocation is not changing. She stated that if the city does not make the ditch repair payment, responsibility would revert to State Statute Chapter 103E and the affected property owners would be assessed. City Council Minutes March 11, 2013 Page 2 Mayor Dietz questioned if a list of the property owners affected by this change is available. Ms. Arnold indicated the county will provide mailing labels. Mayor Dietz asked staff to draft a letter outlining the changes. It was noted that property owners were responsible for the ditch assessments prior to 1992 when the city took over the payments. Ms. Heaney stated she would also be willing to provide the city with a copy of the letter the county sends out to new residents explaining the ditches and the repair and payment process. Councilmember Motin questioned when this change will take effect. Ms. Arnold indicated that repairs made between August 1, 2012, and July 31, 2013, will be assessed back to affected property owners beginning with taxes payable in 2014. Councilmember Wilson requested a brief overview of the ditch repair process. Mr. Lindau explained. Consensus of the Council was for Sherburne County to begin assessing affected property owners for ditch repairs pursuant to Minnesota State Statute Chapter 103E. Councilmember Westgaard questioned how soon a letter could be brought back to the Council for review. Ms. Haug stated that staff will draft a letter as soon as the information is received from the county. 6.2. Field and Facility Use Allocation Policy Mr. Hecker presented his staff report. He reviewed the policy and asked for Council comments. Councilmember Westgaard indicated he would like the Ice Arena Commission to review this policy because it includes Arena use. He also questioned if this will create an adverse position with the school district since they are listed as priority group three. Mr. Hecker stated that he met with the school's Director of Community Engagement Charlie Blesener to review the policy and no issues were raised. He noted that the city's priority in district policy is similar. Councilmember Motin noted that the school golf team uses Pinewood and should be made aware of this policy. Mr. Hecker stated he met with Elk River Youth Baseball and they had no issues with the policy. He stated that all youth organizations have been invited to attend the Parks and Recreation Commission meeting Wednesday for a chance to review and comment on the policy. Mayor Dietz expressed concern over the requirement for current rosters to be submitted 10- days prior to the first practice. He would like to include some flexibility and suggested asking the youth organizations for input. Mr. Portner explained that the intent is to verify that the youth organization is comprised of at least 51% Elk River residents and registration information may be sufficient. City Council Minutes Page 3 March 11, 2013 ----------------------------- Consensus of the Council was to remove the provision allowing the city the right to cancel an allocation to accommodate the needs of any city- sponsored tournament and /or special event. Mayor Dietz questioned field closures and who is responsible for cancelling a game already in progress. Mr. Benoit indicated that prior to a game, city staff will determine whether or not the field is in playing condition. He added that once a game is in progress, it is at the discretion of the coaches, referees, or city staff present to make the decision. Mayor Dietz questioned the restriction for games not to begin before 10 a.m. in the months of April, May, October, and November. Consensus of the Council was that this item may be better addressed under the Field Conditions section and that the policy should allow staff to be subjective and assess field conditions on a daily basis. Field maintenance and concession stand responsibilities were discussed. Councilmember Motin outlined some proposed wording changes. Mr. Hecker indicated that this policy will be reviewed by the youth organizations, the Arena Commission, and the Parks and Recreation Commission before returning to the City Council for final review. Councilmember Westgaard suggested not having such a large, all- inclusive policy. He would Eke to see the policy scaled back and left somewhat generalized. 6.3. Financial Management Policies Update Mr. Simon presented his staff report. Mr. Simon indicated that the bid limit is changing to $100,000, and staff is recommending all purchases $50,000 and over for Council approval. He noted that this was previously $25,000 when the bid limit was $50,000. He clarified that all non - budgeted items would still come for Council approval. Consensus of the Council was they concurred with this change. Mr. Simon stated that the purchase order requirement increased from $1,500 to $5,000 because at $1,500 many routine purchases required the approval of a purchase order. Council concurred. Councilmember Motin questioned if the change in the credit card policy to prohibit meals includes large meals provided for meetings or special events. Mr. Simon clarified that the intent of the policy is to prohibit using credit cards for personal meals while away at trainings, meetings, etc. Councilmember Motin asked that this be clarified in the policy. Mayor Dietz noted that he asked Elk River Municipal Utilities to compare the 3% fee that is paid to the city with other communities. Mr. Simon indicated that the Council will review changes to the public purpose expenditure, travel reimbursement, and fund balance policies at the April work session. 6.4. Alternative Office Hours Mr. Portner presented his staff report. City Council Minutes March 11, 2013 Page 4 Mayor Dietz indicated that he believes it may benefit residents and contractors to be open earlier and a little later. He would like to see the new hours advertised well. Mayor Dietz questioned if the alternative hours would apply to the police as well. Mr. Portner explained that the police scheduling may be best determined within their department. Councilmember Motin expressed concerns that employees with small children or daycare may not be able to make this schedule work. Mr. Portner indicated that there are already some employees working modified schedules due to daycare issues and policy allows for flexibility with city administrator approval. Councilmember Westgaard is in favor of the new hours on a trial basis to see how it is received by residents and employees. Consensus of the Council was to move forward with the alternative city hall office hours on a trial basis. Mr. Portner will draft a policy for formal Council approval. 6.5. Temporary Increase in HR Support Hours Mr. Portner presented his staff report. Consensus of the Council was to increase the payroll clerk's hours as outlined in the staff report. 6.6. Council Roles, Conduct, and Public Hearin &s Mr. Portner presented the staff report. Council Roles Councilmember Motin questioned the role of Council liaisons. He stated that it appears that each Councilmember is handling the liaison role differently. Councilmember Westgaard indicated he believes it is appropriate for a Council liaison to get involved in discussions upon request of the commission. He stated that the liaison opinion is just one out of five on the Council. He added that incorporating a monthly update on commissions into one of the Council meetings would be beneficial. Councilmember Motin liked the way Prior Lake's policy is outlined. Councilmember Wilson indicated that he inquired about his role as liaison when he was appointed to the Council and was informed it would be discussed soon. He believes the Prior Lake policy provides clarity as to the role of the Council liaison and he believes having such language would be helpful for all Councilmembers to understand their role. Councilmember Burandt concurred. She stated she also questioned her role and the response she received was mainly consistent with the Prior Lake policy. She concurred that having language in our policy would provide clarity and standardize the liaison role. Mayor Dietz stated he believes Councilmember Modn's comments are aimed at him talking too much during Parks and Recreation Commission meetings. City Council Minutes March 11, 2013 Page 5 Councilmember Motin stated that he believes the liaison should be more of a resource for the commission and report back to the City Council. In addition, Councilmember Motin feels a policy would help clarify the liaison role. Councilmember Westgaard explained that having additional language defining the liaison's role would be helpful for new and current councilmembers. He added that he believes it would be appropriate for a liaison to comment if the commission was discussing an item that the Council has discussed before or one that the liaison knew the Council would not be in favor of. Mr. Portner stated that the Prior Lake policy allows for some flexibility. He added that the role of the liaison may depend on the commission. He indicated some commissioners may not understand or have the background on a discussion item and may rely more heavily on the Council liaison or staff liaison for guidance. Consensus of the City Council was to have Mr. Portner draft language and report back. Code of Conduct Mr. Portner stated that the city does not have language addressing council decorum or censure but does have items in place to address the open meeting law, conflict of interest, and gifts. Councilmember Motin indicated that he is not interested in a policy for decorum; however, he would be interested in reviewing the current policies the city has in place. Mr. Beck explained that the current policy is similar to the League template provided including ethics, gifts, etc., but nothing on censure. Mayor Dietz indicated that he believes the Council needs to have a free exchange of ideas and opinions. He stated he may be in favor of general language but nothing as specific as the Prior Lake policy. He added that the Councilmembers are ultimately judged by the voters. Councilmember Wilson questioned how having a code of conduct would suppress discussion. Councihnember Westgaard stated he doesn't believe a code of conduct would stop someone from speaking their mind but would be a reminder to remain professional and avoid personal attacks. Councilmember Burandt stated that there has always been a code of conduct in her place of employment and she believes it serves as a good overall reference for people to conduct themselves in a professional manner. Consensus was for Mr. Portner to review the related policies already in place and report back to the Council. Public Hearing Mr. Portner recommended establishing a procedure for all public hearings. He suggested allowing all public comments prior to closing the public hearing and then providing response to the comments raised. He believes this may be helpful and may prevent issues in the future. Mr. Beck concurred. He added that this is the procedure the city has followed for larger, more controversial hearings but it is best practice for all public hearings. City Council Minutes March 11, 2013 Page 6 Councilmember Motin stated he is not opposed to having procedures in place for public hearings but he doesn't believe motions are necessary to open and close the public hearings. 6.7. Council Open Forum There were no items for discussion under open forum. Announcements Mr. Portner indicated that Congresswoman Bachmann is holding a transportation press conference on March 18. She is looking for a local business owner to participate. He asked the Council to let him know if they plan to attend so a quorum notice can be posted if appropriate. Councilmember Motin questioned when the host city for Hockey Day Minnesota will be announced. He stated he will let the Council know as soon as he hears. 8. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:27 p.m. Minutes prepared by Jessica Miller. John J. Dietz, Mayor Tina Allard, City Clerk HELD AT THE ELK RIVER CITY HALL MONDAY, "r 2013 Members Present: Mayor Dietz, Councilmeinbers Westgaard, Burandt, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Community Operations and Development Deputy Director Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, City Engineer Justin Femrite, Fire Chief John Cunningham, Police Chief Brad Rohlf, Community Operations and Development Director Suzanne Fischer, Wastewater treatment Supervisor Gary Leirmoe, Wastewater Treatment Operator Matt Stevens, 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 Alle ig'ance The Pledge of Allegiance was recited. 3. Consider 3/18/2013 Agenda Councihnember Burandt added discussion regarding an oak tree on Third Street and Gates Avenue that is part of the 2013 Street Improvement Project. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5 -0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WILSON TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 MARCH 4, 2013 REGULAR MEETING MINUTES. 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.4 RESOLUTION 13 -10 APPOINTING NORTHERN CAPITAL INSURANCE GROUP AS THE INSURANCE AGENT OF RECORD FOR JULY 1, 2013, THROUGH JUNE 30, 2018. 4.5 RESOLUTION 13 -11 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER. City Council Minutes March 18, 2013 Page 2 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 Liz Lindskoog. He noted the following volunteering accomplishments: Member of the Boys and Girls Club Board American Legion Volunteer Created the world's largest "thank -you" card for troops for the Monticello based 251St Military police serving in Afghanistan. 6.2 Leff Mordal Retirement Chief Rolfe provided background on Mr. Mordal's work history who is retiring with 34 1/2 years of service. He reviewed the awards Mr. Mordal received over the years. Mayor Dietz read and presented a plaque to Mr. Mordal. He thanked him for his many years of service. Chief Rolfe read and presented the 2012 Chiefs Award to Mr. Mordal. 7.1 Ordinance Amendment: City of Elk River to Address Signage and Other Requirements in the I -3 Zoning District, Case No. OA 13 -01 Mr. Barnhart presented the staff report. He stated this ordinance amendment is needed to better clarify signage and setback regulations in the I -3 District. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Steve Anderson, representing Franklin Sign Company - Questioned why billboards are not being allowed in the I -3 District. He stated the city allows billboards in the I -1 and I -2 Districts and further noted that state and federal guidelines encourage billboards in industrial and commercial districts. He stated it is difficult to find billboard sites and he is against the amendment. City Council Minutes March 18, 2013 Page 3 Mr. Barnhart stated the number of billboards currently allowed in Elk River is at an appropriate number. He further noted they are difficult to remove once they are allowed. He stated the intent of the I -3 District is to create job growth on these parcels. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 13 -02 OF THE CITY OF ELK RIVER ADDING SECTION 30 -877 AND AMENDING SECTION 30 -1311 AND 30 -1312 OF THE CITY CODE TO ADDRESS SIGNAGE IN THE I -3, GENERAL INDUSTRIAL ZONING DISTRICT OF THE CITY OF ELK RIVER. MOTION CARRIED 4 -1. Councilmember Burandt opposed. 7.2 Land Use Amendment: City of Elk River to Amend Lot 1 Block 1, Hillside Crossings from OS. Open Space to HB Highway Business, Case No LU 13 -01 7.3 Land Use Amendment: City of Elk River to Amend Lot ..2, Block 1, Elk River Crossing 6th from HB Highway Business to I -1 Light Industrial (Sportech), Case No LU 13-02 7.4 Ordinance Amendment: City of Elk River to Rezone Certain Property from R1c, Single Family Residential, to C3 Highway Commercial (Hohlen Property Lying Between Highway 169 and Zane Street , Case No ZC 13 -02 Mr. Leeseberg presented the staff report for these three items. Mayor Dietz opened the public hearing for all three items. There being no one to speak to these issues, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER WILSON TO ADOPT RESOLUTION 13 -13 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM OPEN SPACE (OS) TO HIGHWAY BUSINESS (HB), CASE NO. LU 13 -01. MOTION CARRIED 5 -0. MOVED BY COUNCILMEMBER WILSON AND SECONDED BY COUNCILEMBER WESTGAARD TO ADOPT RESOLUTION 13 -14 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM HIGHWAY BUSINESS (B) TO LIGHT INDUSTRIAL (I -1), CASE NO. CU 13 -02. MOTION CARRIED 5 -0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 13 -03 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C, SINGLE - FAMILY RESIDENTIAL, TO C3, HIGHWAY COMMERCIAL, CASE NO. ZC 13 -02. MOTION CARRIED 5 -0. 8.0 Oak Tree at Gates Avenue and Third Avenue (2013 Street Improvement Project) Mr. Femrite reviewed the proposed alignment approved by Council at their March 1, 2013, meeting. The staff recommended alignment results in the removal of an oak tree at Gates and Third Avenues. Based on input received in wanting to save the tree, Mr. Femrite reviewed an alternative alignment to the intersection. He further reviewed the accident history noting accidents have not been a result of traffic movement but more weather related. City Council Minutes March 18, 2013 Page 4 Councilmember Burandt stated this was brought to her attention by citizens who felt the tree had historical value and believed it to be over 200 years old. She stated she would like to save the tree if the intersection alignment could still be safe. Councilmember Motin stated he is hesitant to take the tree down but also feels this is a bad intersection and will become more dangerous in the future. He stated he would like to make sure the alignment is safe before saving the tree. He further stated he has issues designating trees as historical landmarks. There was discussion on other alignment alternatives. It was discussed if the alignment could be straightened out but noted that the city would need to acquire right -of -way from adjacent landowners. There were also concerns regarding the difficulty of saving the tree with construction work being so close to it. MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT THE ALTERNATE PLAN PRESENTED BY THE CITY ENGINEER. MOTION CARRIED 4 -1. Councilmember Motin opposed. Council nember Motin stated he is opposed due to safety concerns with the road alignment. 8.1 Resolution Adopting Wastewater Treatment Facility Plan Mr. Femrite presented the staff report. Steve Peterson, representing Bolton & Menk - Reviewed the following: • purpose of the plan • design parameters • two options for growth • summary of existing facility • needed improvements • cost estimates for the various components • alternatives for bio -solids handling • impact on wastewater user rates • project schedule Mr. Peterson recommended Option 2 without the UV component. I Ie reviewed funding and finance options. There was discussion on the parcel the city owns adjacent to the Wastewater Treatment Facility and staff noted that an 18 -month notice will be required to Great River Energy (GRE) when the expansion takes place. The bio -solids process was discussed. Mr. Femrite outlined why there is no BTU value for GRE to burn the sludge. He stated there have been discussions with GRE about having them send us some of their flow, in exchange for burning our bio- solids, because they don't have a backup system in place when their wastewater treatment system goes offline. Councilmember Westgaard stated Option 3 has additional initial costs, is newer technology and questioned if ongoing operating costs were considered in the cost analysis for the long- term operating future. City Council Minutes Page 5 March 18, 2013 ----------------------------- Mr. Peterson stated the GRE option is most cost - effective all- around. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 13 -15 TO ADOPT A WASTEWATER TREATMENT FACILITY PLAN FOR SUBMISSSION TO THE MINNESOTA POLLUTION CONTROL AGENCY. MOTION CARRIED 5 -0. 8.2 2013 -2017 Fire Department Strategic Plan Chief Cunningham presented the staff report. He thanked members of the Task Force and others who were involved with developing the plan. Mayor Dietz read a letter from former Councihnember Gumphrey who was a member of the Task Force. Mayor Dietz stated at times it was a contentious process with developing this plan. He stated there were firefighter concerns with the organizational chart and a couple of new positions outlined in the strategic plan. He outlined the process for how positions would be filled. He noted there would be ordinance amendments coming forward and the firefighters/ fire department would have to operate like every other city employee/ department. He stated the Task Force communicated with firefighters the best they could and that the strategic plan is a working document acting as a guideline for helping the department plan for the future. Councilmember Westgaard stated the strategic plan is a road map to where the city wants to get in the future with the department and that the fire chief did a nice job in leading this initiative. He further encouraged the firefighters to work with the fire chief to implement the plan. MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT THE 2013 -2017 FIRE DEPARTMENT STRATEGIC PLAN. MOTION CARRIED 5 -0. 9. Announcements Hockey Day, Minnesota Mr. Portner stated Elk River has been chosen for Hockey Day Minnesota for 2014. Performance Review Mayor Dietz stated it has been 18 months since Mr. Portner began employment with the city and questioned if the Council would like to do a performance review. Councilmember Westgaard noted feedback should be provided to Mr. Portner on a regular basis. Councihnember Wilson asked about the process such as goals and expectations and the criteria used. He discussed his past experience with reviews and how the discussion was geared constructively towards development goals. Mayor Dietz outlined past processes. City Council Minutes March 18, 2013 Page 6 Council consensus was to hold the review for the city administrator on a two -year rotation. Mayor Dietz stated he would bring back materials at an April meeting for Council discussion. Alternative .Hours Mayor Dietz stated he received a question from a resident asking if the Building Division can be open late one weeknight. Staff was directed to review the matter. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:07 p.m. John J. Dietz, Mayor Tina Allard, City Clerk