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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 ----------------------------- 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