03-11-2013 CCMMEETING OF •.
HELD AT THE CITY OF CONFERENCE ROOM)
MONDAY,
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 Allegiance
The Pledge of Allegiance was recited.
3. Consider Council A eg nda
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.
Councihnember 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 Polite
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 conunent 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
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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 Hearings
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 Motin'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 suivlar 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. Councilmember 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 Hearings
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.
7. 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.
by Jessica Miller.
Tina Allard, Ciiy Clerk