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3.1. DRAFT MINUTES 01-19-2010 (2)'I T' LIB I' IT" I L ° L ICE I' LL ~ I , Z 10 Members Present; Mayor r~lin~ing, Councilmembers Zerwas, Motin, ~Iestgaard, and Gumphi•ey Members Absent; None StaFF Present: City Administrator Lori Johnson, Street Superi~~~d~nt Phil Hals, Assistant Street Superintendent Phil Hals, Fire ChieF Jo~~~ Cunningham, Finance Director Tim Simon, City Attorney Peter ~ .~~ City Clerk Tina Allard 1. Call Meeting To Order Pursuant to due call and notice thereoF, the n~., of the ~~`'River City Co~~cil was called to order at 6:30 p.m. by Mayor Klinzing, 2. Consider 1/I9~ZQI0 Agenda Mayor ~~linzing added the Following ~~~~~. t ~~ g~~da; Discussion on City Administr~~~~ ~.~mance`eview Process ® Fire C11ieF Let~~r, ~o the Editor MDVED BY C~ CTI~~EMBET~. ~~~..wAS AND SECGNDED BY CDUNCTLMESR'~5'G D T APPR®~TE THE AGENDA A5 AMENDED. MGT~~ C ~D ~~~. 3. Cons~d C~r~~~:A ends: ~~ncilmember ~v'~~aard retested to remove Item 3,T From the Consent agenda and to add it to the next ag~~a. M~~ED BY CD,~~CTLMENTBER wE5TGAARD AND 5EC®NDED BY CGUCILNTE~T R ~ERwAS TD APPR®YE THE F®LLDwTNG CGNSENT AGE~A~ 3.2, CHCT~ REGISTER 3,3. PAY EQUITY TMPLEMENTATTC~N REPGRT; PLACE ADMTNTSTRATTVE ASSISTANT P®STTTGN FGR FIRE .AND BUIDLTNG MAINTENANCE TNTG PAY GRADE 4; PLACE SENTC~R ADMTNTSTRATTVE A55TSTANT TNT® PAY GRADE G AND APPRGVE TTS PGSTTTGN DESCRIPTTGN 3.4, GNE YEAR E~TENSTGN GF THE EAGLES MAT~SH ADDITION PLAT ~.5. GNE YEAR E~TENSIGN ®F THE HILLSIDE ESTATES PLAT 3.G. PURCHASE CHEVY IMPALA LS FRGM STATE C®NTRACT TN THE AM®UNT DF $~7,45J.95 City Council Minutes ~anuary 1~, 2a~0 Page 2 3.7. RESLUTI~N 10-05 AUTH~R~ZING CITY ~F ELF DIVER T~ SUBMIT AN APPLICATI®~ FDR AN ENERGY EFFZCZENCY' AND C~NSERVATZGN FLGC~ GRANT 1~DTI®N CARRIED 5~a, 4, ~ en Mike No one appeared far open Mike. Fire Chief Letter to the Editor Chief Cunningham reviewed his letter to the editor for the lo,~ jspaper and asked for Council feedback as to whether it represents the city's pos~~.d ~ ~.~ted the letter is in response to a letter submitted last week regarding the ca~.titive b~d~xg process for fire equipment. ,> Ms. Johnson stated city staff followed the co~~t ~ocedure~ end noted that ~,fdon't always get as many bids as we would like. f Attorney Beck stated city staff did consult with him ~~ ~s item. ~t was Council consensus to move f~~~~~~~ ~,~t% sending t% leer as it was drafted. l 1 5.1. Annual Street Department Can~tal Pu~~ses -- Mr. Hals presented tl~c s~f' report. llri®VED BYC~NCILII BER ZF~R AS AND SECGNDED EY C®UNCILME~ E ~~~TG T APPRGVE STP.EET EQUIPMENT PURCI~ASES AS ~~~T~I~D ~~ `~ STAFF REPORT. MDTIC~N CAR.RZED 5-0. 5.2. ~~~~bal Update o w Re~.~~~1 ~'F Hals provided an ;update on the Christmas holiday snow removal, He reviewed hours i~ ~~ by staff and nd an exti.~a day should have been spent with cleaning the roads up in or. ~ the streets t be in better shape, He stated at the time he was given direction that overt~~ l~.ours ~s be kept down. Ms, Hals re~~~ed the amount of salt and sand used and noted the city had to use twice as much as normal due to the late cleanup afterwards. He stated costs were fairly even between whether to allow employee overtime versus using the additional salt. Mr. Hals stated staff would be experimenting with a new mixture utilizing beet juicesugar beets} as apre-treatment method, which lowers the melting temperature of salt. Mr. Thompson stated this hasn't been discussed by other departments yet but they may propose continued and additional cooperation from other departments. He stated they axe considering the addition of four routes to plow cul-de-sacs. He stated this would help the current fleet of plow trucks focus more on the streets rather than spending a lot of time cleaning up cul-de-sacs, which can betime-consuming due to the large size of the regular City Council Minutes Page 3 January ~ 9, 2010 plow trucks. ]He noted the Building Maintenance Division has a pickup with a plow, Elk River Municipal Utilities has afront-end loader, and the Street Division has another plow that could be rigged economically, He further stated this could allow the plow trucks up to 30 additional hours on the streets. Mr. Thompson stated the Street Division appreciates the assistance the other departments have been providing, The Council noted the following comments: ® They appreciated the efforts of staff during the unusual stc~ especially when they had to give up their Christmas holiday in order to keep ~~es safe in their travels. They wanted to know the work did not go unnoticed ~~d Dave received positive comments from citizens. Staff should be given more latitude on overt when it comes ~~ h.ealth and safety issues. They noted this is an important sc.~~~~ for citizens. ~: Tt was noted the city would no longer be invol~~ .nth ass~.~~g the County Highway Department for plowing county roads during the i~~ ~~1~ morning plowing. b.~. Publ~e works DiL•eetoar,,U date Ms. Johnson presented the staff reps for the public works director positio p Re-advertise Re-evalu tl~e p ® Leave~~~~~.on op~ Review ~~~a~ Consider an~h Sl~~ ~rher ha~~ ~'s imps cent projects. position ~.~n descrip ~~r awhile dog tl ~d st ~e Maue has declined the job offer e nab ~~ ~1~~~~~ng options, cil may wish to consider ~~ for the city to have an engineer as soon as possible due to cilmember Ma~ suggested hiring a consulting engineer and to let the public works ~r position re~~~~ open for awhile in order to re-evaluate city needs. He suggested ~~ ~.~~til sprin~`~~ammer. Mayor r~~~~g concurred and suggested scheduling the March worksession to discuss this issue and the ~rgani~ational structure, Ms. Johnson stated a decision should be made regarding the handling of current engineering needs. Councilmember Moon stated he was fine with using John Anderson for current projects but would prefer to go out for bids for any new projects, MOVED BY COUNCIL~IEMBER MOTIN AIVI~ SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE UTILZING THE SERVICES OF JOHN ANDERSON ON CURRENT ONGOING ENGINEERING PROJECTS. MOTION CARRIED 5-0. City Council Minutes Januaxy ~9, ~~10 Page 4 Mayor I~linzing noted two Councilmembers suggested reviewing this position and the organizational structure at the March worksession and asked if this is the direction the full Council would like to take, Councilmember ~Iestgaard stated he is not ready to move forward with the worksession and doesn't understand what transpired between Wednesday evening when Council voted to hire Mr. Maurer and Sunday when Mr. Maurer declined the offer, Mayor I~linzing stated an offer was made to Mr. Maurer and he declined it. She stated no one knows why he declined and now Council needs to move forw~~ ~ith decidin what to g do with the public works directox position, Councilinember Westgaard questioned if city staff offered ~ ~~~ -~ ~~. Maurer and how the communication process was handled, He noted Coin receive . utter from Mr. Maurer stating he declined the job due to the carre~p~~.dence over the ~ few da s. He Y questioned what this meant and he would like to u~~estand what happe before he can move forward, k Ms. Johnson stated she had various meetings on ~"~~~~~, r and Mr. Maurer was out for onions of the da so th p y ey weren t able to connect, Sly ~t~~ted she met early Thursday morning with public works staff to t~ then that even tl~=~~h Mr. Maurer wasn't staffls choice for public works director, the ~p~ ~r~ .the Councii p~~kd, and staff would now make it work. She stated on Friday m~~ing 4h~ e ~r. Ma~e~ an email meetin re uest g q to see if he could meet that afternoon ~e~o~.t~ p~ ~ benefits. She stated Mr. Maurer declined the meeting request. Ms, John~~~ asked that he call her ~ th~v can discuss the other candidate ~n `~"~:i.~y; that he did Councilmember ~'~~;~a,s sta ~~, ~s~aurc~.• would be in on Mo~~~, e~~e~ ~ aa~~ ~'`~d noon and they could discuss it then. Councilmmber ~ei~wa~ ether noted Nis, Johnson replied to Mr. Maurer statin that he is g not pori t ~~.~~~~. as he ~ ~o longer a contracted employee but that he should call so ~~ could work ~~~~ugh the ~~~.s of his employment. Councilmember Zerwas stated Mr. ~aurer may not ha~-e "elt welcomed as a result of the response, ahnson stated ~` contract with Mr. Maurer had ex fired and he wasn't et a ci ~~ p, Y tY em~~~e and typ~~~ employees don t start working until the employment terms have been appro~~~ by C~.~d. She further stated that Mr, Maurer contacted Ms. Astrup with the Eli .~.iver St~~~ ~~~~~~ ~rnetime on Friday to let her know he didn't lan to acce t the osition. p p P Councilmember Moon noted this was a unique situation but stated that Mr, Maurer acknowledged in his own email that he was no longer in contract with the city and not et a city emplo ee. He stated he is not sure wh Mr. Maurer Y Y y declined and suggested it could be due to the Council vote or to the employee issues. Councilmember Moon stated he is not sure it is still a viable option to offer the position to Mr, Maurer or whether it should be offered to the second choice candidate but he would be okay with it if Council wanted to move in that direction, std slae res~~nded back to Mr, Maurer and employment terms. She stated she informed ;et the position. t an email to Ms. Johnson indicating he Councilmember Moon stated the Council needs to move forward on this issue. He stated when the interview committee was completing interviews of candidates it was unclear on whether it was necessary to have the engineering certif cations for the position or if the ci tY City Council Minutes Page ~ January 19, 2010 would be limiting the best possible candidates by requiring it. He stated Council could xeview the pos~t~on descr~pt~on to make adjustments if needed, Councilmember Gumphrey concurred with the need to move forward, He suggested re- advertising for the position immediately. Councilmember Moon stated an engineer is needed but questioned the necessity of f~11in g the public Works d~reCtOr' position. Mayor I~linzing suggested listing engineering qualif cations as a desired qualification on the position description but not have it be required. ,uh Councilmember Westgaard re-iterated he was not read to m~ ~rward with a decision Y tonight. Councilmember Motin stated he didn't see that Ms. ~~~nson did an tl~ iron or was Y ~ g unwelcoming. He stated Mr. Maurer was in the of~ on Friday but didn'~ pond to the meeting request email until alter he left in the. ~~~~~oon, He Mated if Mr. ~i,°r has issues working with Ms. Johnson, it was his issue. Mayor ~~Iinzing agreed and stated she sent an email ~ ~~.~, Maurer invitin him to lunch and ivin eve indication she wanted ~~ ~v ~ ' g g g ry e forward w~ti~ ~~ ~n the position. Councilmember Zerwas stated the C~~~c n~~~ ~~~ e rou n~ it's Ixri ortant to kee the g p p p position description inline with where ~ ~s no~~ry ~ ~.~~ned if the March worksession q would work to review the position dese~~~.~nA Mayor I~linzing stud phi ~~, would be ~ded to the March worksession a enda. g 7. ether Business Di,~cussir~~ Vii' ~drn~~~~~~~~r ~'e orrnanc~e .A.evie~ ~'roc~esf ~~~~~ I~linzing di~~buted ~~~.;#sample erformance evaluation forms and noted a p d~ision needed to made on ~rhich forms to use, ~~ council agreed ~~~n the following process: ~~ ~ze ~~rmance form number 3. ~~~ o be sent and returned to the Mayor. Put on cover letter that staff is enc~~aged to make comments and to rely only on the ratin s stem. gY ~ Mayor and Acting Mayor to meet and compile the information. ® Ms. Johnson's direct reports, Peter Beck, Lori Johnson, Phil Hals, and the City Council are to complete the .form. Council questioned if there was the possibility for them to meet in closed session prior to the performance xeview meeting in order to review the forms Ms. Johnson suggested checking state iaw to make sure it was possible and to determine how to set it up. Staff and the city attorney will report back to the Council on this issue. City Council Minutes Pa e ~ January 19, 2010 g 8, Council U dates Councilmember Moon stated the Northstar Commuter Rail is allowing overni ht arkin in a limited number of desi Hated arl~in s ace g p g g p g p s on a vial basis in theit• lot, ~. Staff U dates Ms, Johnson asked for Council authorisation to send a Letter of Intent for a new stimulus grant by the Department of Commerce. The grant would allow commercial and industrial businesses to apply for• loans for energy efficiency projects, She noted a match would be required by the city that could be funded from the Revolving Load ~zid, It was Council consensus to send the letter, 10. Ad'ournment j There being no further business, Ma or 1~linzin ~~~=~rned the meetin ~ ~~he Y g g Elk River City Council at 7,40 p,m, 5 She further stated the City Council will go into a Ci~~ ~ session ursuant to Attorne - ' p y Client Privilege, MN Statute 13D.05, subd. 3~b), for the pur~a~~ of discussin the Cher hills Bluff Qutlot A lawsuit, g ~ ... Tina Allard, City Clerk ~. Stephanie r~linzing, Mayor