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09-04-2018 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Tuesday, September 4, 2018 Members Present: Mayor John Dietz, Councilmembers Jerry Olsen, Nate Ovall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Police Chief Ron Nierenhausen, Finance Director Lori Ziemer, Planning Manager Zack Carlton, Human Resources Manager Lauren Wipper, Liquor Operations Manager Joe Audette, Parks and Recreation Director Michael Hecker, Public Works Director/Chief Engineer Justin Femtite, Recreation Manager Steve Benoit, Lead Street Maintenance Operator Chris Teff, Police Captain Bob Kluntz, Acting Fire Chief Aaron Surratt, and Records Specialist Katie Porath I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:38 p.m. by Mayor Dietz 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider September 4, 2018 Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the September 4, 2018, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 August 6, 2018, Regular Minutes August 13, 2018, Special Minutes August 20, 2018, Regular Minutes 4.2 Check register, check numbers 9950-9954 and 107429-107596 as outlined in the staff report. 4.3 Approve professional services for 2019 street improvements 4.4 Approve leave of absence for advisory group members 4.5 Approve Resolution 18-53 opposing the sale of strong beer, wine, and spirits in grocery and convenience stores City Council Minutes September 4, 2018 Page 2 4.6 Accept bid and authorize execution of contract for fabrication and installation of wayfrnding signs 4.7 Approve abatement agreement for 1772 Tipton Circle 4.8 Approve street reconstruction quote for 6 t/z Street and Quinn Avenue Project 4.9 Hire Ryan Sisterman as Police Officer effective September 5, 2018 Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 Introduction of New Employees Mr. Audette introduced Liquor Store Clerks Megan Knopik and Nicole Petty. Police Chief Nierenhausen introduced Receptionist Dawn Regan. Council welcomed the new employees to the city. 6.2 Introduction of K-9 Police Chief Nierenhausen introduced the new police K-9Duke and his handler Officer Kevin Heldt. 6.3 Oath of Office: Police Officers Mayor Dietz administered the oath of office to Officer Clayton Aswegan. Mayor Dietz administered the oath of office to Officer Jeffrey O'Connell. 7. Public Hearings There were no public hearings. 8.1 Senior Facility Direction Mr. Hecker presented the staff report. Mr. Portner thanked senior representatives, Anna Wagner, Jack Lorge, Jim Pepin, Jim Hecker, Sandy and Bob Krumweide, as well as Councilmember Wagner, for their assistance in working through the process of determining the design concepts of the Senior Facility. As part of their research, they toured the Shakopee Senior Center and ice arena. Tom Betti from 292 Design presented an overview of the new design. He outlined the proposed shared space including meeting/party area that can also be used for exercise classes or health activities. The proposed space would also include a kitchen area, computers, pool tables, and unisex bathrooms. Councihnember Ovall asked about security and access to the building. Will there be a check in/check out process? r I1EIEI et NATURE City Lound Minutes September 4, 2018 Page 3 Mr. Hecker responded community center staff would be at the front of the facility and the senior area may be staffed as well. Councilmember Oval] commented that the photos in the Power Point presentation made the Shakopee Senior Center seem empty. Mr. Betti responded that the tour took place while the facility was shifting from senior use to teen use so there were fewer users around. Councilmember Ovall asked if the facility in Shakopee was meeting or exceeding the City of Shakopee's expectations. Mr. Betti said the city is still working on building up the number of users. Staff likes the change and they are able to do a lot more with the available space. Seniors seem to enjoy the fact that they are in in the mix with the community. Councilmember Olsen also went to Shakopee for a tour of their Senior Facility and ice arena. He found it interesting that there was an emphasis on intergenerational integration. From a square footage point of view, the new proposed Senior Facility addition to the multipurpose facility project would be 4,800 square feet dedicated to seniors according to Mr. Betti. Including the shared space, it would bring the total to 6,200 square feet of usable space. It would be nice to have this separate space for meetings, parties, exercise classes, and some privacy for activities such as health checkups. Councilmember Westgaard asked Councilmember Wagner about feedback from the senior community. Councilmember Wagner said the group had significant discussion to make sure everyone knew what the senior community wanted. The consensus seemed that the proposed plan would be something they could agree on and support. This conversation was good for everyone. She also had conversations with Activity Center staff members Annette Bonin and Natalie Anderson and asked what they would like to see in this type of facility. They created a wish list of things they wish they could do, but the current facility does not support. Fixing the current Activity Center would not address these needs. The senior community had concerns if the proposed plan would give them the same amount of square footage. They also wanted to maintain the feeling of inclusiveness. Mayor Dietz asked Mr. Pormer if he has had a discussion with the Independent School District 728 regarding parking, including approximately 70 spaces for seniors. Mr. Pormer indicted he has had discussions with the school superintendent who indicated they would support our plans. pl— PP0111RII Of R LATURE City Council Minutes September 4, 2018 Page 4 Mayor Dietz stated the Senior Facility should probably avoid scheduling activities between 2:00 p.m. and 2:30 p.m. when the High School lets out. Councilmember Wagner asked Mr. Berri if he had a price on the proposed Senior Facility expansion. Mr. Berri quoted a price of $1,202,558. Councilmember Oval] discussed the unisex bathrooms. Mr. Berri said having a unisex bathroom, instead of separate female and male bathrooms, is a lower cost and it also allows for a parent or spouse to assist their family members if needed. Councilmember Olsen mentioned he also went past the former Shakopee Senior Center. The city now uses the building as a meeting room. He believes Shakopee's senior community may not be as large as it is in Elk River. He has concerns about parking at the proposed senior facility as part of the multipurpose facility, especially during the time school lets out. Jack Lorge, representative from the senior community, reviewed his experience on the tour and throughout the process. His only concerns are the size of computer monitors and parking may be an issue. He appreciated being involved in the process and believes the proposed space is equal to what they have currently. Mayor Dietz clarified with Mr. Lorge that he, and the other senior representatives that were involved, would support the proposed Senior Facility addition to the multipurpose facility. The city will be preparing presentations for the seniors who use the Activity Center. He stated the support of the senior representatives would go a long way as they were perceived as leaders and are most knowledgeable about the project. Mr. Lorge said a lot has been achieved. Councilmember Olsen mentioned a blog post he had recently read that outlined the formulation of a "senior advisory board." He believes Elk River could benefit from having such a board, similar to commissions. He felt that, during the process of talking to seniors about their facility requests, the city does not have a good feel for what people want and need. Seniors have different needs and the population of seniors is growing. Mr. Lorge said the proposed Senior Facility would allow a seamless transition of Activity Center users from their old facility to the new one rather than having to work around a remodel. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt a new Senior Facility identified in the Local Option Sales �orrnta er NATURE City Council Minutes September 4, 2018 Tax referendum be located at the proposed multipurpose facility. Motion carried 4-1. Councilmember Olsen opposed. Motion by Councihnember Westgaard and seconded by Councilmember Wagner to adopt the Senior Facility concept plan. Motion carried 4-1. Councihnember Olsen opposed. 8.2 Discuss Work Session Items Mr. Pormer presented the staff report. Page 5 Mayor Dietz hoped discussions regarding parking for the proposed multipurpose facility would be included during the joint meeting with the school board. 8.3 Public Works Staffing Mr. Femrite presented the staff report. Mayor Dietz read a prepared statement opposing the promotion of Chris Teff to Street Foreman. He felt a person outside of the current department should fill the open position. Moved by Councibnember Westgaard to approve the promotion of Chris Teff to the position of foreman for the street maintenance division effective September 5, 2018. Motion failed for lack of a second. Councilmember Wagner asked for discussion. She felt unsure continuing since the Mayor had considered his concerns great enough to bring forward. She asked Mr. Femrite if he supported the staffing decision. Mr. Femrite has no reservations recommending Mr. Teff for the position. Councilmember Ovall asked if the Mayor's concerns were addressed to staff prior to making the hiring recommendation. City Administrator Portner stated he doesn't micromanage his staffs hiring adding that his managers are accountable to him as their new hires are to each of them. Moved by Councilmember Ovall and seconded by Councilmember Wagner to approve the promotion of Chris Teff to the position of foreman for the street maintenance division effective September 5, 2018. Motion carried 4-1. Mayor Dietz opposed. Moved by Councihnember Ovall and seconded by Councilmember Olsen to approve the promotion of Josh Baas to the position of foreman for the park maintenance division effective September 5, 2018. Motion carried 5-0. 9. Council Liaison Updates Council provided updated on the activities of the various boards and commissions. ;�"; W I R E I I t R `ATUAE City Council Minutes September 4, 2018 Page b Energy City — Councilmember Olsen missed the meeting on August 15. Topics included funding for the solar picnic table. They also discussed options for funding related to recycled materials. The Commission talked about the GRE resource recovery and how to engage legislators. Heritage Preservation — Councilmember Wagner said the next meeting of the Heritage Preservation Commission is October 13. There are currently three members. Library — Councilmember Ovall gave an update on the Library board. The new tables have been installed. Mayor Dietz added he had some concerns about landscaping at the library that the city Parks and Streets department were able to address. Parks and Recreation — Councilmember Olsen updated the council that there was no meeting on August 15, 2018. Planning — Councilmember Wagner missed the meeting of the Planning Commission. Items on their August 28, 2018, agenda will be coming to the Council at their next meeting. Utilities — Councilmember Westgaard briefed the Council on the August 14, 2018, meeting of the Utilities Commission. There was a presentation on the new solar picnic table and discussion on if the Utilities Commission would consider funding a portion of the installation costs. Energy Management is phasing out dual fuel and specialty rates as of 2023. They reviewed financial reports. Mayor Dietz said the city will be switching power providers from Great River to Minnesota Municipal Utilities Association (MMUA) effective October 1, 2018. He has been assured that customers will not notice any disruption in service. Other Arena Commission - Councilmember Westgaard mentioned the Arena Commission has met. The Arena is generating less revenue than expected. The Commission was provided an update on the Local Option Sales Tax (LOST) and discussed establishing a sinking fund to fund future capital improvements. Mayor Dietz mentioned a Letter to the Editor published in a recent Star News newspaper regarding the LOST. Mr. Portner agreed that now the senior facility question had been addressed, they have all of the information to proceed with communication strategies. Councilmember Olsen said it was difficult to find information on the LOST. Councilmember Wagner stated there would be a dedicated microsite addressing the question and providing information. VOrt R k I Bt City Council Minutes September 4, 2018 Page 7 Council recessed at 7:52 p.m. in order to go into work session. Council reconvened at 7:57 p.m. 10.1 Former Fire Chiefs Request for Duty Officer Pay Mr. Portner presented the staff report. He reviewed this item was brought to the Council at the July 16, 2018, Council work session, however, former Fire Chief Jon Cunningham was not able to attend. Mr. Cunningham addressed the Council. He stated his request for duty officer pay was not a legal issue it was an attempt to correct what he felt was a wrong during the beginning of his employment with Elk River. The Elk River Fire Department is at a different point in organization currently than it was in the past. He stated he did not feel be had the support of upper management and there were several changes in city administrators during this time. He realizes that as an exempt employee he is expected to work outside of normal business hours, but there seemed to be no beginning or end of the day. He felt he could not ask for the additional pay during the early days of his employment. He is proud of his time here and the firefighters who work for Elk River and doesn't feel he will be setting a precedent. Because Elk River is a paid -on- call fire department, the first responder out the door is a duty officer. Mayor Dietz understands there was a problem with the duty officer program in the past. He wondered what the response of upper management was when Mr. Cunningham brought up the issue. Mr. Cunningham understood, at the time, there was not an option for additional compensation for the additional time worked. His main focus was to get the program fixed and was hoping the issue would be resolved once positions were re- evaluated. Position evaluations continued to be delayed. Mayor Dietz stated having additional duties did not mean you received additional pay. Ms. Wipper said all of the directors are now in the same pay grade and have the same pay range. Mayor Dietz asked Mr. Cunningham for clarification if he performed duty officer shifts because no one else would do them and that, if he had not done the duty officer shifts, they would not have been done? Mr. Cunningham responded that the volunteer firefighters at the time would boycott and not perform duty officer shifts. P01[O[1 OT NATURE City Council Minutes September 4, 2018 Page 8 Mayor Dietz asked about the duty officer process before the former Fire Chief was hired. Mr. Cunningham stated it was a weekend program. Mayor Dietz clarified it was up to the firefighters to volunteer for duty officer shifts and the pay was less. Mr. Cunningham added that once the program became required, some protested. There was also angst that they were not compensated the on call wage. It was a culture shift. Mr. Pormer said an early ordinance stated the Fire Chief was responsible for vehicles and buildings but not staff. It has since been changed. Councilmember Ovall asked if separation agreements are drafted at the time of hire or negotiated at the end of employment. Mr. Beck said that separation agreements are done at the time of separation but some employees, such as the city administrator, have employment agreements. Councilmember Ovall clarified the separation agreement was drafted upon leaving. Mr. Cunningham reviewed the timeline of resignation and receiving the separation agreement. Mr. Portner added that, at severance, employees receive half of accrued sick leave up to 960 hours if they leave in good standing and meet certain requirements. Mr. Portner said the updated position evaluations put all of the directors in the same category for decision making. The tasks the fire chief performed in the past would not have changed the points in the current position evaluation. The difference came that all of the directors have the same weight for strategic planning. Mayor Dietz asked the Council if they wanted to make the decision. He felt the Council owed Mr. Cunningham something since he was put in a position beyond his control. Councihnember Ovall said a lot of reorganization took place before he became a Councilmember. He feels more informed on the procedures that took place as well as the timing and is okay with offering some amount of compensation. Councilmember Olsen agreed the Council should consider "meeting in the middle." Councilmember Westgaard said this was a tough situation. He asked why this was now being brought to the Council's attention when it happened seven years ago? If it was this big of a deal he wishes the Council at the time could have discussed what NATURE] City Council Minutes September 4, 2018 Page 9 was going on, not waited until after his resignation. He said in a high level, director position it comes with the territory that you have to put in extra hours. What message does this send to other departments in the city? If they band together and refuse to take shifts will their director cover for them? At what point does it become the inmates running the asylum? What would have happened if there was no duty officer on call? Mr. Cunningham responded to the question of timing. He said supervisors at various points were aware of the problem but felt the firefighters were hoping to "run the chief out of town." He felt the situation was a case of the "inmates running they asylum" and that, if a duty officer had not responded to an event that would have been the "nail in the coffin" during an already tumultuous environment. Councilmember Ovall questioned why the level of discussion never elevated to the Council level. Councilmember Wagner also questioned why Mr. Cunningham was asking for additional compensation now he was gone. She wishes the discussion had happened prior because she always felt Council and staff have a good relationship. She also worries about setting a precedent. She hopes the recent reorganization will avoid this ever happing again, but understands the circumstances and value of what he has added to the department. She stated he did a good job during his time as Fire Chief but isn't sure what the answer is. Mayor Dietz asked for the logic of the amounts listed in the packet. Mr. Cunningham appreciated Councilmember Wagner saying he had done a good job. Mayor Dietz recommended paying the former Chief some amount. Mr. Beck stated he would take this direction and work to determine how to make a payment and what the amount should be. The consensus of the Council was that Mr. Beck should find a way to compensate Mr. Cunningham with the dollar amount to be detetrnined. 10.2 Review of Fire Chief Position Description Mr. Portner presented the staff report. Mayor Dietz expressed concern over some of the wording in the job description, particularly the section 2B which removed the phrase "Performs as Incident Commander by directing firefighters at scene of fires and emergencies". Mr. Portner stated several firefighters, including the deputy fire chief, are qualified as an incident commander so the fire chief does not have to respond to all incidents. P�0WE'REI @ IT A R URE City Council Minutes September 4, 2018 Page 10 Mayor Dietz also asked about the distance the fire chief should live from Elk River. Mr. Pormer stated the fire chief is not a first responder. Acting Fire Chief Surratt clarified if a first responder is needed for a medical dispatch, only one person responds, which saves money. The question is what the Council wants for its fire protection services. Since Elk River does not have a full- time fire department, only three staff members are required to respond, the remainder are volunteer. Mr. Cunningham, who was in the audience, added MN Statutes state the fire chief must live within a reasonable response time. Throughout Minnesota, 20-30 minutes is a benchmark among similar organizations. The fire chief is not a first responder out the door. Mayor Dietz wanted there to be some response time requirement. He stated it should be the same as the assistant fire chief, which is 25 minutes. Mayor Dietz wants the statement regarding serving as an incident commander put back into the job description. He feels the fire chief doesn't need to go to all incidents, but they can't go to none of them. Councilmember Westgaard added the fire chief shouldn't be expected to be at every incident. However, if the chief is at the scene, they are expected to take command. Acting Fire Chief Surratt commented that was the way incident command works, the command rolls "uphill" and people take command as they arrive. This is not necessary for every incident. Councilmember Westgaard asked if there was a fear that, by taking the incident commander requirement out of the job description, the fire chief would not know it was their job to show up at a fire scene. Mayor Dietz added he doesn't want the fire chief to seem detached from his team. Councilmember Westgaard asked when the department becomes big enough that you don't need to be involved in every scene and can look at the big picture. Mayor Dietz said Elk River was not nearly big enough for that level of administration. The fire chief should interact with the firefighter volunteers and maintain good working relationships with the department. Mr. Portner said that is the reason they hired the deputy chief of operations. Councilmember Wagner did not feel she had enough experience in this area to give an educated opinion. She prefers to take feedback from people who do. 1R1[RtR 0 MATURE City Council Minutes September 4, 2018 Page 11 Mr. Cunningham added there is an expectation that the fire chief is a leader. Even if the fire chief is not there, a senior officer takes charge to maintain a balance of the senior leadership team. Mr. Portner added it was impossible to compare the City of Brooklyn Park fire department with Elk River's fire department. He took the first response portion out of the job description so the role could be more management focused. He hopes Elk River could be a place to develop these types of skills in future chiefs. Mayor Dietz wants the incident commander role to be added back to the job description. Councilmember Wagner is neutral on the issue. Councilmember Ovall did not see any harm in including it. Councilmember Olsen agrees it should be added back in. The Council asked Ms. Wipper to reword the job description. Councilmember Westgaard pointed out the job description doesn't cover every scenario that could come up on the job. Councilmember Wagner suggested adding the phrase `when appropriate". Ms. Wipper pointed out the job description currently says "Ability to provide leadership" and showing up at a fire scene would be providing leadership. Mr. Portner asked who determines when an incident is "appropriate" to respond to and what are the repercussions if the Fire Chief does or does not respond? Mayor Dietz asked Ms. Wipper to work with Acting Fire Chief Surratt to come up with a sentence to clarify the job description. Once this change is made, and the addition of 25 minute distance is added, the interviews can proceed. 10.3 Vacation and Paternity Leave Ms. Wipper presented the staff report. She proposed changing the current vacation policy to increase number of days off sooner in the employment instead of waiting for the five year anniversary to increase. There would be no financial impact but department productivity may be affected. Councilmember Ovall asked if bereavement was separate. Ms. Wipper responded it was. Mayor Dietz asked if there were complaints from employees regarding the current vacation accrual. PRWI'RI1Rr NAR UD City Council Minutes Page 12 September 4, 2018 Ms. Wipper said there had been some. Councilmember Wagner asked if there was any negative feedback from the public regarding summer hours. Are there any issues with coverage? Mr. Pormer said department managers take staffing needs into consideration when approving vacation requests. Mayor Dietz asked if vacation hours were consistent for all staff members. Ms. Wipper said some applicants negotiate starting at a greater number of vacation days. Councilmember Ovall said the current amount of vacation compensation seems extremely generous and he can only carry over 40 hours per year in his profession. Mayor Dietz does not see a need to change the current policy. Councilmember Wagner added the city recently went through a large compensation plan update which included salary adjustments. She can't support the vacation hour adjustment at this time. Councilmember Westgaard agreed the current policy is generous considering sick time and bereavement time where in addition. Employees who have been with the city for a long time are looking at an accrual of up to five weeks. Councilmember Ovall said it may be understandable if it were difficult to find employees. Councilmember Olsen asked Ms. Wipper if the current hiring environment was competitive and if vacation incentivizes people to take the job or not. Ms. Wipper said it is currently a competitive hiring environment and the vacation day incentive would depend on if they were coming from the public or private sector. The consensus was not to change the current policy Ms. Wipper outlined a proposed parental leave policy. The policy would provide 2-3 weeks of paid leave in the event of a birth or adoption. Currently, employees must use vacation or sick time down to 40 hours and then continue using time without pay. Younger employees, who are more likely to be starting a family, have not accrued a very large vacation balance to use. The city does not have very many employees having or adopting children each year. Councilmember Westgaard has seen this trend with the younger workforce preferring to have time off as a benefit and their value drivers are different. eor[s[o er NATU City Council Minutes Page 13 September 4, 2018 ----------------------------- Councilmember Wagner says she currently does not support the parental leave Policy. Mayor Dietz agreed. Councilmember Wagner suggested bringing it up again during a year when a pay increase was smaller. 10.4 2019 Budget Ms. Ziemer presented the staff report. Mayor Dietz asked if the proposed 7.9% levy included the Fire Relief Funds and Police Grant. Without these two items, it would be a proposed 5.3% general fund increase. Mayor Dietz asked about the proposed code enforcement and engineering positions. Councilmember Ovall asked if the engineering position was a permanent need or whether it was a 4-5 year need. Mr. Pormer said there was value with having a person on staff and there were other things besides the Highway 169 project they could pick up. If they did not hire someone now they would most likely come to Council again for this position down the road. Mayor Dietz asked Mr. Femrite what percentage of time his newly added supervisory role took up. Mr. Femrite estimate it currently takes about 50% of his time. The Highway 169 project has not yet begun and major planning effort is coming soon. Some of the things he currently does will roll off onto the new person depending on their skill set. This would not be a position that was only for the Highway 169 project. It would be difficult to hire a temporary person for a 5-6 year period. Mayor Dietz asked how much of the budget would have to be cut to get the levy increase under 5%. Mr. Portner estimated about $40,000-50,000 would need to be cut. Mayor Dietz asked if the engineer position could start mid -year to make up this difference. Councilmember Olsen mentioned 2019 will be a major pavement year and it would be good for an engineer to observe the process. P a I I R E I I C NATURE City Council Minutes Page 14 September 4, 2018 Mr. Portner said he could work with staff to adjust the numbers and bring the revised budget back to council. Mayor Dietz would like to certify the levy under 5% by December 1, 201 S. II. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:57 p.m. 4ijetz, or i Tina Allard, City Clerk p I I I R I I Ir NATURE