6.0. SR 01-10-2005
Item # A
MEMORANDUM
TO: Mayor and City Council
FROM: Pat Klaers, City Administrator
DATE: January 10, 2005
SUBJECT: Other Business
There are a number of items to discuss with the City Council under the "Other Business" agenda
item. These updates/discussion items include at least the following:
1. Meeting schedule - I would like to visit with the City Council about the 2005 City Council
meeting schedule and discuss any conflicts along with special meetings or events that need to be
considered. One item to note is that the Volunteer Appreciation Dinner is tentatively set for
Thursday, April 21, 2005. Also, I would like to fInd a date for the Annual Report presentation.
2. The school is requesting use of the City Council Chambers for their regularly scheduled meetings
which now will be held on the second and fourth Mondays of each month. City Clerk Joan Schmidt
will provide more information on this request at the meeting on Monday night. Attached is a draft
agreement for use of the Council Chambers.
3. Councilrnember Motin would like to discuss a reimbursement request for two homeowners that
incurred some expenses related to an incorrect address being issued by the city.
4. I would like to discuss changing the zoning ordinance to require all government offIces,
government buildings, and government facilities to require a conditional use permit in all zoning
districts. This topic will likely be discussed during the Street Department site Master Plan agenda
item. This ordinance change will require a public hearing.
5. Transportation Proposal- City Engineer Terry Maurer and myself have met with Elwyn
Tinklenberg, The Tinklenberg Group, regarding consulting services. The goal is to obtain federal
funding for Highway 10 planning purposes and ultimately to obtain federal funding for Highway 10
improvements. In this regard, assistance is needed from a professional consulting fIrm that knows
the decision makers and the federal decision making process.
Finally, I would like to note that Fire Chief Bruce West will have a request for the new Fire
Department training offIcer to attend a training program in Indianapolis. A memo from Bruce West
on this issue is included in this agenda packet.
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DRAFT
AGREEMENT BETWEEN THE CITY OF ELK RIVER AND
INDEPENDENT SCHOOL DISTRICT NO. 728
THIS AGREEMENT is entered into between the City of Elk River, a municipal
corporation under the laws of Minnesota ("City"), and Independent School District No.
728, a public corporation organized under the laws of the State of Minnesota ("District").
WITNESSETH
WHEREAS, the District desires to use the City's Council Chambers for School
Board meetings and to have these meetings broadcast on cable TV; and
WHEREAS, the City is willing to make the City's Council Chambers available to
the District for School Board meetings and to provide production staff for the live
broadcast and taping of these School Board meetings held in the City's Council
Chambers, in accordance with the terms and conditions stated herein.
NOW, THEREFORE, it is mutually agreed that:
1. The District may use the City's Council Chambers on the 2nd and 4th Monday of
each month for a School Board meeting commencing at _ p.m. These
meetings will be broadcast live on ERtV Channel 12 by City production staff.
The District will also have use of the equipment within the Council Chambers.
2. The District shall be responsible for their staff to receive proper training on the
use of the equipment within the Council Chambers.
3. The District shall provide the agenda for the School Board meeting to the City in
electronic format. This agenda shall be provided no later than the Friday prior to
the meeting.
4. The District, either through insurance or a self-insurance program, shall be
responsible for all costs, fees, damages and expenses including but not limited to
personal injury, damage, repair and/or replacement of equipment while using the
Council Chambers while this contract is in effect, consistent with the District's
obligations contained in Sections 6 and 7 herein.
5. The District also will abide by the following:
a) The use of tobacco on City premises is strictly forbidden at all times.
b) The possession and/or use of alcohol or controlled substances on City
premises are prohibited.
c) Use is limited to those areas of the building that are specifically approved
and includes the nearest drinking fountain and lavatories.
DRAFT
d) City production staff will be present throughout the use and cooperation
with staff is essential.
e) City production staff will be allowed discretion in the decision to stop
filming or to turn off the audio because of the use of profanity or other
inappropriate behavior by the audience or School Board members.
f) Any equipment brought in and its manner of use is subject to prior
approval.
g) Audience must be informed that food and beverages are not allowed in the
Council Chambers. The District must enforce this policy.
h) The facility is to be left in the same condition in which the District found
it, returning all furniture, equipment, etc. to its original order. Charges for
staff time may be assessed, depending on the extent of clean up needed.
i) Notify the City Clerk of cancellation at least three business days prior to
scheduled use.
6. The City will provide the following services with respect to use of the Council
Chambers for School Board meetings: .
a) train School Board staff on the use of the equipment within the Council
Chambers;
b) provide production staff for the live broadcasting of the meeting on ERtV
Channel 12;
c) provide one VHS video tape of the School Board meeting and have this
tape available the day after the meeting.
7. In consideration for the City making the room, equipment, and production staff
available to the District, the District shall:
a) reimburse the City, within thirty (30) days of demand made by the City,
$75.00 per hour for production services and use of the Council Chambers
(as well as reimburse the City for 30 minutes at this rate for City
production staff to reproduce the School District agenda for airing
purposes) and $5.00 for the VHS video tape;
b) reimburse the City, within thirty (30) days of demand made by the City,
for any costs incurred by the City due to damage of the equipment,
including all costs to repair or replace destroyed or damaged equipment,
including shipping and any other related costs;
c) provide City with copy of comprehensive general liability insurance
policy listing the City as additional insured for purpose of use of facility;
and
d) have School District members sign a form acknowledging they have
received and agree to abide by the Elk River Government Access Cable
TV Channel Guidelines.
8. Any and all claims that arise or may arise against the District, its agents, servants, or
employees while engaged in the performance of this Agreement and/or the use of the
DRAFT
Council Chambers and equipment, shall in no way be the obligation of the City.
Furthermore, the District, its agents, servants, employees, or assigns shall indemnify,
hold harmless, and defend the City, its officers and employees against any and all
liability, loss, costs, damages, expenses, claims, actions, or judgments, including
attorneys' fees, which the City, its officers or employees may hereafter sustain, incur,
or be required to pay, arising out of or by reason of any act or failure to act by the
District, its agents, servants or employees in connection with this Agreement.
9. This Agreement, any attached exhibits and any addenda or amendments signed by
the parties, shall constitute the entire agreement between the parties, and supersedes
any other written or oral agreements between the parties. This Agreement can only
be modified in writing signed by the parties.
10. The District and City maintain the right to terminate this Agreement for any
reason upon providing the other party thirty (30) days written notice.
11. This Agreement has been made under the laws of the State of Minnesota and such
laws will control its interpretation.
12. This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original but all of which when taken together shall constitute
one and the same instrument. The signature page of any counterpart may be
detached therefrom without impairing the legal effect of the signature(s) thereon,
provided such signature page is attached to any other counterpart identical thereto
except having additional signature pages executed by other parties to this
Agreement thereto.
IN WITNESS WHEREOF, the City and the District have caused this Agreement to be
entered into and effective as of this day of 2005.
CITY OF ELK RIVER
By:
Stephanie Klinzing
Its: Mayor
By:
Joan Schmidt
Its: City Clerk
INDEPENDENT SCHOOL DISTRICT 728
By:
DRAFT
Its:
By:
Its:
S:\CLERK\CABLE-A V\Agreements\AGREEMENT ElkRiver & SD.DOC
DRAFT
ERtV
Your Local Cable Channel
GUIDELINES FOR
ELK RIVER GOVERNMENT ACCESS CABLE TV
CHANNEL
Any program produced by the City of Elk River's governmental organizations may be
cablecast on the government access channel. Programs produced by others about the City
of Elk River's governmental. organizations and/or its supported activities may be
cablecast on this channel, subject to the approval of the Elk River City Council.
Programs produced by other governmental agencies or other community organizations
may be cablecast on this channel, provided they have interest and value for the citizens of
Elk River. Such programs shall also be subject to the approval of the Elk River City
Council.
Programs that contain, in whole or in part, any of the following
subject matter will not be cablecast on the government access
channel:
A. Commercial Message or Material
Anything promoting a product or a service, with the primary objective of producing a
monetary profit for a specific commercial organization or individual, may not air on the
government access channel. This is not to preclude the incidental mention of a business
or product, as part of a program where the primary purpose is to disseminate information
DRAFT
of public benefit. Businesses, individuals and organization may be acknowledged for
assistance in the production of a program or the provision of other means of support.
B. Political Campaigning
The government access channel will not be used for political campaigning by individuals
or organizations seeking public office or legislation. Neither can this channel be used for
solicitation of funds for political purposes. This is not to preclude the cablecasting of
political debates or candidates' meetings, provided that fairness and equal time rules are
followed. Also, reports by current elected officials or community organizations
regarding the status of issues and other governmental business, providing again, that
fairness and equal time rules are followed where applicable.
c. Religious Material
Programming generally considered religious in nature will not be allowed. Program
material that would advocate a particular religious belief will also not be allowed to air
on the government access channel. Religious organizations or ideals may be mentioned
as incidental information as part of a program. This rule certainly should not preclude
the appearance of a clergy or individual representing a particular religion as part of a
program providing general information.
D. Obscenity and Defamation
Every effort will be made to assure that all programs cablecast on the government access
channel adheres to the rules of the Minnesota Cable Communications Act and community
standards relative to obscenity and defamation.
DRAFT
E. Schedule and Program Priorities
The Elk River City Council and staff shall determine priorities for the production and
cablecasting of programs in accordance with these guidelines and available resources.
Responsibility for planning, budgeting and operation shall be as designated by the City
Council.
Passed and Adopted by the City Council on February 22, 1999.
I acknowledge that I have read, understand, and received a copy of the Guidelines for Elk
River Government Access Cable TV Channel. I agree to abide by this policy.
Date
Print Name
Signature
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.
The Tinklenberg Group
The interchange of strategies and solutions
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January 7, 2005
Mr. Pat Klaers, City Administrator
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
Dear Mr. Klaers:
Enclosed please find two copies of the consulting services proposal provided to
the City of Elk River by The Tinklenberg Group. As you will see the proposal has
been divided into four tasks. The first task, as we discussed, is a short-term 45
day assignment that will focus on the development of federal funding applications
and supporting materials. The remaining tasks are the long-term strategies
necessary to secure federal funding and build appropriate community support.
On behalf of The Tinklenberg Group I would like to thank you for the opportunity
to present this proposal to you. I would be happy to discuss it further with you at
your convenience and to attempt to answer any questions you might have.
We look forward to working with you to advance transportation improvements
critical to maintaining the quality of life and economic opportunities you have
created in the City of Elk River.
Thank you again.
, :tfJL
Elwyn Tinklenberg ":::J
President
Enclosure
ph 763-783-1288 · fax 763-783-9262 · 11234 forest court · minneapolis, mn 55449
e Tinklenberg Group
The interchange of strategies and solutions
City of Elk River
Consulting Services Proposal
Introduction
The City of Elk: River is in a unique position resulting from its close
proximity to the Twin Cities metropolitan area, its scenic association with
the Mississippi River and its location along two major transportation
corridors in the north metro. While this offers residents and businesses a
desirable location to live and work, rapid growth within the City and
surrounding communities has resulted in the need for safety
improvements, additional roadway capacity, and improved access to the
existing transportation infrastructure, particularly along the Trunk
Highway 10 (THIO) corridor.
In addition to congestion and safety issues along THIO, the City of Elk
River is also concerned with preserving the vitality of its historic
downtown area and addressing development and redevelopment
opportunities along the corridor. As the City examines its options and
develops a plan for moving forward with transportation improvement
alternatives, it is extremely important to incorporate a wide range of
funding strategies as a part of the process, as well as a sound plan to
communicate with stakeholders and the general public.
The Tinklenberg Group has experience in the areas of transportation
planning, project development and funding, government relations and
public involvement working with both public and private sector
organizations. The Group brings access to all levels of government, a
thorough understanding of project processes, a successful record of
positive public involvement activities and a proven track record working
with communities to foster collaborative efforts that result in long term
support for projects.
Understanding the broad range of processes, regulations and funding
mechanisms relative to moving transportation plans and projects forward
enables the Group to develop innovative and creative strategies for its
clients resulting in the funding and support fundamentals necessary to
advance client objectives.
City of Elk River
The Tinklenberg Group Proposal
]
January 2005
The following sections highlight specific areas where The Tinklenberg
Group can effectively assist the City of Elk River both in the near term
through development of appropriate federal funding applications and
materials and longer term through implementation of communications and
government relations strategies.
Task 1 - Interim funding sources and strategy
The identification and packaging of financial resources from local, state
and federal sources is essential to project success, particularly given the
current budget environment where transportation program funding
demands are high and resources limited. The Tinklenberg Group offers
direct experience developing funding requests and applications, following
application processes and procedures, and communicating project needs to
Minnesota's local, state and federal elected officials.
Based on a thorough understanding of these programs and processes, and
established access to transportation departments and congressional staff,
The Tinklenberg Group will develop a comprehensive, aggressive strategy
to identify and secure necessary funding to meet the City's immediate and
long-term objectives for needed transportation improvement plans and
projects.
Under the current appropnatIons and reauthorization cycle, federal
funding requests are due to Members of Congress by the end of January
2005 for submittal to the appropriate committees in the U.S. House and
Senate, and correspondence with the appropriate congressional staff in
both Minnesota and Washington D.C. offices needs to occur prior to
submittal of the funding requests. The Tinklenberg Group will complete
the necessary tasks to ensure that the City of Elk River is in a position to
submit its request for funds during this current cycle.
The following tasks provide additional detail relative to the Group's initial
funding strategy and activities:
. Coordinate with the city and congressional offices the preparation
of necessary funding applications.
. Assist the city in developing effective supporting materials
designed to accompany and reinforce the application.
. Communicate with appropriate local and federal staff regarding the
city's funding request and the needs and rationale behind it.
City of Elk River
The Tinklenberg Group Proposal
2
January 2005
Task 2 Collaborative planning and project
development
Communication and facilitation among responsible planning agencies is
extremely important in the progression of project development. Building
strong relationships with the City's partner communities, Sherburne
County and Mn/DOT will assist in identifying issues and concerns, and
facilitate discussions as to how the various needs of the community and
the corridor can be addressed.
The Tinklenberg Group can assist the City of Elk River to maximize
resources, garner support, increase project awareness, and develop
consensus that will not only expedite the processes, but aid in positioning
the community to take advantage of a variety of funds at the local,
regional, state and federal levels.
Specific examples of activities that will assist in collaborative planning
efforts include:
. Meet with City staff to review Council intent and vision for the
project area relative to transportation improvements.
. Schedule and conduct meetings with appropriate stakeholders to
clarify issues and listen to community concerns.
. Review existing transportation and development plans at the local,
regional and state levels.
. Work with City staff to identify potential development projects in
the area that could impact transportation systems needs.
. Conduct analysis of the economic impacts of various land uses and
transportation improvement options for the extension area.
. Facilitate communication and coordination among other affected
local governments such as the Cities of Otsego and Ramsey,
Sherburne and Anoka Counties, and Mn/DOT to generate a
partnership approach to planning and implementing transportation
improvements.
. Develop a working group consisting of City staff, local community
representatives, Sherburne County and Mn/DOT to meet and
discuss needs, issues, opportunities and alternatives for projects
along the corridor.
. Attend council work sessions as needed to provide information and
updates related to planning activities to policy makers.
. Participate in a presentation and report to the City Council
including a recommendation regarding the submittal of a federal
appropriations request and necessary follow up activities.
city of Elk River
The Tinklenberg Group Proposal
3
January 2005
. Present findings and recommendations to City Council and other
appropriate groups for feedback.
Task 3 - Communications and public outreach
The Tinklenberg Group believes that engaging the community early on in
the planning process is most effective in building support and consensus
for projects. Methods that involve input from public and private
stakeholders can enhance support at the local, regional, state, and more
importantly the federal level.
Discussing the needs and issues surrounding transportation improvements,
development and redevelopment opportunities, and the potential
short/1ong-term benefits to the community and traveling public, has
proven successful in moving the planning process along more efficiently
and with less resistance.
Specific examples of outreach activities include:
. Facilitate communication among stakeholders including the
businesses community, local, regional and state elected officials,
and residents to ensure issues and concerns are voiced, heard and
addressed.
. Assist in various public involvement activities including
workshops, open houses, meetings and other community outreach
efforts designed in such a way to result in productive input.
. Assist in developing necessary updates and printed materials that
reflect consistent, accurate and timely information.
. Incorporate feedback, issues, concerns and ideas into final report
and recommendations to City Council.
Task 4 - Project funding
In addition to the project funding activities identified in Task 1, The
Tinklenberg Group will provide critical ongoing assistance and support
related to the initial application and the identification of other local, state
and federal funding opportunities, timing, and necessary applications
and/or requests. The Group has strong relationships with members of
Congress and local staff, and is able to provide regular updates in the form
of individual meetings and written materials.
City of Elk River
The Tinklenberg Group Proposal
4
January 2005
The following tasks provide additional detail relative to the Group's
ongoing project funding strategies and activities:
. Prepare a summary of state and federal transportation funding
sources.
. Review current and proposed state and federal transportation
programs and assess the potential for new funding for necessary
planning activities from all available and appropriate sources.
. Develop a strategy to maximize planned investments and advance
project improvements as funding is identified, requested and
becomes available.
. Develop a strategy to potentially pursue high priority designation
and appropriate federal funding for the project area.
. Develop an investment strategy on an improvement-by-
improvement basis consistent with the overall goals for the
projects.
. Coordinate with other affected local governments, the county and
the state to generate a partnership approach to roadway
improvements.
. Assist with the preparation of federal funding requests for
transportation improvements and create necessary
materials/responses to the Transportation Appropriations
Committee information requests for targeted funding.
. Establish, coordinate and participate in meetings with state
legislative leaders and elected officials in Washington D.C.
Provide regular communication updates with all elected officials
and coordinate special events as project improvements occur.
Schedule and Costs
The Tinklenberg Group proposes an interim contract of 45 days to
complete the tasks identified in Task 1 (Interim Funding Sources and
Strategy), and to follow these activities through the initial funding request
process. The cost to complete these activities is $5,000.
The second component of this proposal includes Tasks 2, 3 and 4
consisting of collaborative planning efforts, project development, public
involvement and community outreach and additional identification of
funding sources to support recommendations brought forward by the City
Council.
The estimated time to complete the second portion of the proposal is one
year at a cost of $40,000-$55,000 depending on the scope of the elements
city of Elk River
The Tinklenberg Group Proposal
5
January 2005
selected. Upon completion of the tasks identified in this proposal, the City
and The Tinklenberg Group will review the status of the project and may
negotiate the inclusion of additional work as deemed necessary or
appropriate.
Members of The Tinklenberg Group have direct hands-on experience as
practitioners in local, state and federal government, multi-modal
transportation planning, project. management, and collaboration among
agencies. This experience reflects a successful track record in helping
governments and other groups make the right decisions and, ultimately,
financially sound, publicly accepted improvements.
City of Elk River
The Tinklenberg Group Proposal
6
January 2005
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ANOKA HAS BEEN AWARDED
FEDERAL SOLICITATION FUNDS OF
$500,000 FOR HIGHWAY 10 STUDIES.
Join us for the
AWARD PRESENTATION -
BY CONGRESSMAN MARK KENNEDY
Thursday, Decetp.per 9,2004
@ 4:30 p.m.
Anob Public Safety Center
275 Harrison Street, Anob, Minnesota
Light refreshments will be provided
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Your RSVP is appreciated by December 7,2004.
Phone: 763-576-2725
Government Offices and Buildings/Facilities Regulations
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Currently, Government Offices are allowed in all single-family residential districts, the central
business, office, highway commercial, and downtown (Cl, C2, C3 & DD) districts and the
business park (BP) district.
Government Offices are conditional uses in the townhome (R3) district.
Government Buildings and Facilities are not allowed in any district, but they are conditional uses
in all residential (Rl, R2a&b, R3 & R4) districts, the central business, office, highway
commercial and downtown (Cl, C2, C3 & DD) districts and the light industrial, medium
industrial and business park (11, 12 & BP) districts.
The neighborhood commercial (C4) does not allow either use in the district.
Governmental buildings and facilities means any building, structure, or facility for the purpose of a
facility serving certain governmental functions. These uses are intended to include uses that
are supportive of governmental functions such as public works facilities, correctional
facilities, and waste handling or processing facilities. These uses are intended to be
distinguished from governmental offices and essential services.
Governmental offices means any facility, building, and structure for the purpose of providing
governmental services to the general public. Uses intended are generally compatible with
office and residential uses and include city offices, county offices, courthouses, jails operated
on the same site and as part of a city or county courthouse, libraries, and post offices. These
uses are intended for the direct provision of governmental services to the public as
distinguished from governmental buildings and facilities.
Consistency issues:
.
Why are Governmental Offices allowed in single family but not two-family or apartment
districts? Why are they a conditional use in the townhome district?
.
How do you determine what function a mixed-use building might be? For example,
the County Highway Department building that has both office and storage
functions?
Requiring all governmental functions to exist as conditional uses in all districts provides
consistency and eliminates the need to interpret what type the use is.
S:\PLANNING\Michele McPherson\CCREPRTS\ I 10 05 Govt Off Bldg Fac Handout.doc