04-08-2013 CCMMEETING OF •
HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, APRIL 8,2013
Members Present: Mayor Dietz, Councilmembers Burandt, Motin, Westgaard, and
Wilson
Members Absent: None
Staff Present: City Administrator Cal Portner, Finance Director Tim Simon, Assistant
Finance Director Lori Ziemer, Fire Chief T. John Cunningham, City
Attorney Peter Beck, 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 Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE AGENDA. MOTION
CARRIED 5 -0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER BURANDT TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1. MINUTES
• APRIL 1, 2013, CLOSED
• APRIL 1, 2013, REGULAR
4.2. TEMPORARY SALES /STORAGE OF FIREWORKS TO TNT
FIREWORKS INC. TO SELL FIREWORKS FROM JUNE 21, 2013,
THROUGH JULY 7, 2013, FROM A TENT IN THE PARKING LOT AT
WALMART,18185 ZANE STREET NW, SUBJECT TO THE
FOLLOWING CONDITION:
® INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE
PRIOR TO THE TENT OPENING FOR SALES. APPLICANT MUST
CONTACT THE FIRE MARSHAL AT 763.635.1110 FOR AN
INSPECTION AFTER THE TENT AREA HAS BEEN SET UP.
4.3.A SPECIAL EVENT PERMIT AMENDMENT TO ZYLSTRA HARLEY
DAVIDSON CHANGING A DATE FROM AUGUST 24 TO AUGUST 17
AND ADDING AN EVENT ON APRIL 27, SUBJECT TO THE
City Council Minutes
.April 8, 2013
Page 2
FOLLOWING CONDITIONS CONSISTENT WITH THE ORIGINAL
APPROVAL:
1. INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE
PRIOR TO EACH OUTSIDE EVENT WHEN THERE IS A TENT.
APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 FOR AN INSPECTION AFTER THE TENT AREA HAS
BEEN SET UP.
2. EVENT PARKING MAY NOT OBSTRUCT PUBLIC ROADWAYS OR
RENDER THEM UNSAFE FOR VEHICLE OR PEDESTRIAN
TRAFFIC.
3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE AREA SHALL BE DELINEATED WITH A BARRIER TO
RESTRICT TRAFFIC.
4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
5. THE TENT SHALL BE REMOVED WITHIN ONE DAY OF THE
END OF THE EVENT AND THE SITE BE RETURNED TO ITS
PREVIOUS CONDITION.
6. ALL TEMPORARY SIGNS SHALL RECEIVE A PERMIT PRIOR TO
DISPLAY.
4.3.13 SPECIAL EVENT PERMIT TO SALK MIDDLE SCHOOL FOR A 5K
WALK /RUN ON SATURDAY, MAY 18, 2013, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN-
UP.
2. NO PAINT ALLOWED ANYWHERE ON TRAILS. CHALK OR
CONES MAY BE USED.
3. APPLICANT MUST CONTACT POLICE CAPTAIN RON
NIERENHAUSEN (763.635.1202) AT LEAST THREE WEEKS PRIOR
TO EVENT TO ARRANGE FOR POLICE RESERVES.
4.4. TEMPORARY ON -SALE LIQUOR LICENSE FOR TIIE ELK RIVER
ROTARY CLUB FOR THE TASTE OF ELK RIVER EVENT ON MAY 16,
2013, WITH THE FOLLOWING CONDITION:
® ALCOHOL MUST BE LIMITED TO AN AREA THAT IS
FENCED IN WITH SECURED AND CONTROLLED ACCESS.
4.5. APPROVE THE HIRING OF PARKER THEISEN AS PART -TIME IT
SUPPORT ASSISTANT AT PAY GRADE 3, STEP A BEGINNING APRIL
9, 2013.
4.6. ORDINANCE 13 -05 REPEALING CHAPTER 22, ARTICLE II, TITLED
VOLUNTEER FIRE DEPARTMENT, AND ADOPTION OF NEW
ARTICLE II, TITLED FIRE DEPARTMENT OF THE CITY OF ELK
RIVER, MINNESOTA, CITY CODE.
4.7. RESOLUTION 13 -17 ESTABLISHING THE MAXIMUM AUTHORIZED
ON -CALL FIREFIGHTER STAFFING LEVEL AT 45 IN ACCORDANCE
WITH CHAPTER 22, ARTICLE II OF THE ELK RIVER CODE OF
ORDINANCES.
MOTION CARRIED 5 -0.
Open Forum
No one appeared for open forum.
City Council Minutes
April 8, 2013
6. Work Session
6.1. German Heritage Festival
Page 3
Mr. Portner stated this item has been added to the agenda in response to open forum last
week at which Jennifer Mueller requested city financial and advertising support on behalf of
the German Heritage Festival. Specifically, she requested that the fees for police services
and for the use of Lions Park Center be waived. She also requested permission to extend use
of the park for the event until 11:00 p.m.
Mr. Portner explained that typically financial support for community events is requested
through the Economic Development Authority. He added that the Parks and Recreation
Commission waived the rental fees for Lions Park Center; however, traditionally, the city has
not waived actual out of pocket expenses.
He stated the group also requested advertising support. He explained that the event will be
added to the community calendar on the city's website but stated staff is not recommending
advertising on the city's other media outlets because it is not a city- sponsored event.
Consensus of the Council was to deny the German Heritage Festival's request for financial
support in excess of the park fees that have already been waived by the Parks and Recreation
Commission. Consensus was also to deny the request to extend the time of the event until
11:00 p.m. due to the proximity of Lions Park to residential areas.
6.2. Financial Management Policies Update
Mr. Simon presented his staff report. He reviewed the proposed updates to the public
purpose expenditure, travel reimbursement, and fund balance policies.
Mr. Simon explained that with the growth of the city and budget over the years, staff would
like to discuss putting a minimum and maximum percentage on the fund balance amount.
He stated staff is recommending a range of 45 -50 %.
Mayor Dietz expressed concerns with raising the fund balance reserve. Mr. Simon explained
that the range is flexible and staff would recommend adjustments to reduce the fund balance
to within range if the balance exceeded the maximum percentage.
The Council concurred with implementing a fund balance range between 40 -45 %.
Mr. Simon reviewed other changes to the policy. He stated the final policy will come back on
an upcoming consent agenda for formal approval.
6.3. Summer Office Hours Policy
Mr. Portner presented his staff report. He stated that in response to the Mayor's suggestion
for longer business hours for building inspections and permitting, staff suggests advertising
extended permit and inspection hours on Mondays by appointment. He noted that specific
language is not included in the policy as staff feels it is more appropriate to allow the
Building Safety Division to set their own inspection schedule independent of the policy.
i
City Council Minutes Page 4
April 8, 2013
Mayor Dietz noted that he spoke with Elk River Municipal Utilities and they are not
interested in implementing summer hours for their employees.
This policy will be brought back for formal approval on an upcoming consent agenda.
6.4. Council Liaison Policv
Mr. Portner presented his staff report.
Councilmember Burandt is in favor of allowing a Council liaison to participate in discussions
with their boards or commissions to a certain level.
Councihnember Motin indicated he likes the policy as drafted.
Mayor Dietz explained he is not convinced a policy is necessary. He would like to be allowed
to participate in discussion /deliberation at any time during the meeting and not just when
asked to participate. He also stated a Council liaison should be able to provide his /her
personal opinion on an item if a commissioner asks for it.
Councilinember Motin disagreed. I Ie stated the boards and commissions are advisory and
Counciltnembers will be given a chance to provide their opinion when the item comes
before the Council for consideration. He stated that the exception would be if the Council
has already discussed the same issue as outlined in 1(d) of the draft policy. He added he
believes discussion and debate on an item should be limited to the actual appointed
members of a commission.
Councihnember Burandt stated she believes the Council liaison should be able to provide
background information and assist in clarifying issues when needed. She stated many times a
Council liaison will have background that may be helpful to the commission and she doesn't
believe one Councihnember's opinion would sway a vote.
Councilmember Westgaard indicated a Councilrnember should be able to provide their
opinion if asked but should not advocate their personal position.
Mayor Dietz clarified whether or not it is appropriate for the liaison to ask questions in order
to clarify an item on the agenda. Consensus was that gathering information in order to clarify
an issue would be appropriate.
Councilmember Wilson indicated he believes a liaison expressing their personal opinion may
actually influence the commission's decision.
Mr. Portner stated he will revise the draft policy based on feedback and bring it back.
6.5. Council Code of Conduct
Mr. Portner presented his staff report.
Councihnember Westgaard indicated he likes the Pro - Plymouth Pledge but he is not sure it
is much different than what is currently in place. He believes current policy covers what is
necessary.
City Council Minutes
April 8, 2013
Page 5
Councilmember Motin agreed the policy currently in place is sufficient. He added that if
there has been an issue with a Councilmember in the past, it has been dealt with.
Council consensus was for staff to include protocol reminders in policy similar to what the
school board has in place.
6.6. Council Meeting Schedule
Mr. Portner questioned if the Council would consider reducing the number of City Council
meetings down to two a month by eliminating the work session on the second Monday of
each month. He stated work sessions could be added to the end of regular meetings as
necessary. He added that special meetings could also be scheduled as needed. He noted that
the Economic Development Authority (EDA) meetings are held on the second Mondays
and staff could explore moving those to the third Monday.
Councilmember Motin indicated he would prefer the Council meetings on the third
Mondays to begin at 6:00 p.m., or immediately following the EDA meetings. The Council
concurred.
Council consensus was for staff to move forward with the ordinance amending the City
Council meeting schedule to the first Monday of the month at 6:30 p.m. and the third
meeting of the month at 6:00 p.m., or immediately following the EDA meeting, whichever is
later.
6.7. City Administrator Performance Review Process
Mayor Dietz questioned how the Council would like to proceed with Mi. Portner's
performance review. He stated be likes the forms that have been used in the past and
suggested the review forms be distributed to department directors, division managers, and
the full Council for completion. He stated he would be willing to score the forms.
Mayor Dietz questioned if the Council would like the reviews to be anonymous.
Mr. Portner explained that the review could be set up in Survey Monkey and submitted
electronically and scores automatically compiled.
Councilinember Motin stated that he would like to see the scores broken down between
staff and Council.
Mr. Portner suggested having only his direct reports evaluate him. He suggested having
anyone who reported to him for the timeframe of the review complete a review form but
eliminate division managers next year because with new directors on board, the division
managers will not report directly to him.
Council consensus was for Mr. Portner to look in to the evaluation process using Survey
Monkey and report back.
6.8. Council Open Forum
There were no items for discussion under open forum.
City council 'Minutes
April 8, 2013
Announcements
Legal Request for Proposals
Page 6
Mr. Portner stated that eight firms submitted Request for Proposals for legal services. He
questioned if Councilmembers are interested in participating on the interview panel.
Councilrnember Motin expressed an interest but stated he wouldn't be available until May.
Councilmember Burandt indicated she would be interested as well if an additional
Councihnember is needed.
Natures Dry Cleaning
Mr. Portner stated this item is on the Planning Commission agenda for tomorrow and staff
is recommending approval.
Caseys General Store
Ivlr. Portner stated this item was originally scheduled for tonight's meeting but there was a
scheduling conflict so it is tentatively scheduled for May 6.
Semte Update
Mr. Portner stated the Senate will be reviewing Local Government Aid and sales tax
exemptions tomorrow.
Economic Development Director Position
Mr. Portner indicated that Economic Development Director interviews are finished and an
offer has been made to Brian Beeman pending Council approval next week.
Hockey Day Minnesota
Mayor Dietz stated there is a Hockey Day Minnesota meeting on April 11 at 7:00 p.m. at Elk
River High School. He stated anyone interested in participating should attend the meeting.
Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:44 p.m.
Nlinutes prepared by Jessica Miller.
Jo n j. Di tz, Mayo
Tina Allard, City Clerk