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3.1. DRAFT MINUTES 04-12-2010MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, APRIL 12, 2010 Members Present: Mayor Klinzing, Councilmembers Westgaard, Gumphrey, Motin, and Zerwas Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Police Chief Jeffrey Beahen, Police Captain Bob Kluntz, Ice Arena Manager Rich Czech, BDM Engineer John Anderson, 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 6:17 p.m. by Mayor Klinzing. 2. Consider Council Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. TRANSIENT MERCHANT LICENSE -ALLEN PANTELIS WITH THE FOLLOWING CONDITIONS: 1. ONE 24 SQUARE FOOT SIGN SHALL BE ALLOWED. A TEMPORARY SIGN PERMIT MUST BE OBTAINED PRIOR TO DISPLAY OF THE SIGN. 2. THE MERCHANDISE DISPLAYED SHALL NOT OCCUPY MORE THAN 100 SQUARE FEET [SECTION 34-414(6)]. 3. APPLICANT MUST REMAIN ON THE ASPHALT SURFACE AND NO PRODUCT CAN BE DISPLAYED IN THE GRASSY AREAS. 4. THE LICENSE SHALL EXPIRE ON SEPTEMBER 26, 2010 AND SALES SHALL NOT EXCEED 30 DAYS WITHIN THIS PERIOD. 5. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 6. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 7. THE AREA SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. Ciry Council Minutes Apri112, 2010 Page 2 8. NO OVERNIGHT STORAGE OF EQUIPMENT OR MERCHANDISE. 3.2. HIRE SHANTI GOTH AS REGULAR PART-TIME (30 HOURS PER WEEK) LIQUOR STORE CLERK AT STEP A. 3.3. APPROVE SPENDING $4,000 OUT OF THE SURFACE WATER MANAGEMENT FUND TO HIRE BONESTROO, INC. TO PROVIDE MS4 AND CONSTRUCTION SITE EROSION CONTROL TRAINING TO CITY STAFF. 3.4. ENERGY CITY DISCUSSION ON GOALS AND THE COMMISSION'S SUNSET DATE HAS BEEN DELAYED UNTIL THE MAY WORKSESSION AT THE REQUEST OF THE ENERGY CITY COMMISSION. 3.5. APPROVAL OF THE WASTE DELIVERY AGREEMENT WITH RESOURCE RECOVERY TECHNOLOGIES TO BE IN EFFECT ONCE GREAT RIVER ENERGY PURCHASES RESOURCE RECOVERY TECHNOLOGIES. MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. 5.1. Interview Parks and Recreation Commission Applicant Councilmember Motin recused himself from this item stating that Mr. Karlsen is a client of his and there is a financial interest involved. The Council interviewed Andrew Karlsen. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPOINT ANDREW KARLSEN TO THE PARKS AND RECREATION COMMISSION TO FULFILL AN UNEXPIRED TERM TO EXPIRE FEBRUARY 28, 2013. MOTION CARRIED 4- 0. Councilmember Motin abstained. 5.2. Elk River Independence Da~2010 Committee Presentation Jim Boyle, representing the Elk River Independence Day Committee, explained the Committee's plans for the Fourth of July event in Elk River. He indicated that the event will be held at Lion's Park and fireworks will be shot off from the High School football field. He noted that the Committee wants the event to be uniquely different from the event held in prior years. Mr. Boyle stated that Chief Beahen has attended the Committee meetings and has estimated that the event will need approximately five patrol officers and five police reserves for an estimated cost of about $2,500. Mr. Boyle asked the City Council if they would be willing to donate the police overtime for the event. Steve Rohlf, Committee member, added that the event has reduced hours from previous events, no alcohol, and not as many people are expected. City Council Minutes April 12, 2010 Page 3 Councilmember Gumphrey stated he would like to donate up to $10,000 ($2,500 for the police patrol and the remainder for fireworks). Bob Mord, American Legion, indicated that the Committee intends to seek community donations in an effort to get the community involved. Councilmember Motin stated he is not in favor of giving $10,000. He questioned to what extent the city can donate for an event like this. Ms. Johnson explained that the city can provide funding but it needs to be designated for a certain event and what the city is paying for needs to be specifically designated. Councilmember Motin indicated he would be willing to donate up to $5,000, including the police time. Councilmember Zerwas stated he is in favor of donating the police overtime and actual costs associated with operating the event out of Lion's Park, such as portable restrooms, etc. Councilmember Westgaard concurred. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE FUNDING UP TO $5,000 FROM COUNCIL CONTINGENCY FUNDS TO THE ELK RIVER INDEPENDENCE DAY 2010 COMMITTEE TO COVER POLICE OVERTIME AND ACTUAL OPERATING COSTS OF THE FOURTH OF JULY EVENT. MOTION CARRIED 5-0. Mr. Rohlf thanked the City Council, Chief Beahen, and Cliff Anderson for working so closely with the Committee. 5.2.5. Ice Arena Air ~uality Update Ice Arena Manager Rich Czech provided an update on current legislation regarding air quality in Ice Arenas. 5.3. Community Service Officer Position Chief Beahen reviewed the number and type of calls that Community Service Officer Jesse Smith responded to last year prior to being promoted to patrol officer. He explained this is an essential position within the police department. He outlined some services that do not impact public safety that may need to be transferred or reassigned if the community service officer position is not filled. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE THE HIRING PROCESS FOR A COMMUNITY SERVICE OFFICER. MOTION CARRIED 5-0. 5.4. Main Street Pavement Rehabilitation John Anderson presented the staff report and reviewed a PowerPoint outlining the project. Ms. Johnson indicated that $400,000 is included in the Capital Improvement Plan (CIP) for this project. She stated that CIP only includes funding to complete the project up to the Orono Bridge, but if the Council wishes to complete the entire Main Street project the CIP could be adjusted accordingly. City Council Minutes Apri112, 2010 Page 4 Mayor Klinzing indicated she would like to see an informational meeting held to get reaction from the public. She added this type of meeting would also allow people the chance to discuss other issues such as hooking up to city water and sewer. Councilmember Zerwas explained that he would be opposed to the assessment on Main Street being higher than other assessments because the road is used by so many more people than just the residents abutting it. He stated he is not opposed to holding a public informational meeting but would like to see this project completed as soon as possible. Councilmember Motin agreed that he would be open to holding an informational meeting but was not in favor of slowing the project down. Councilmember Westgaard questioned how long the construction process takes. Mr. Anderson explained the construction is estimated to take four weeks. Councilmember Westgaard indicated he would like to see an informational meeting held. He added that he believes the construction estimates are high. John Stewart, BDM Consulting Engineers, indicated that the budget figures will be refined through the feasibility study. He stated that the amount of traffic on Main Street will increase the project costs due to the increased traffic control measures that have to be taken during construction. Mr. Stewart also indicated that it would be good for the city to have a policy in place regarding pedestrian ramp upgrades. Mayor Klinzing questioned if other cities have policies in place. Mr. Stewart explained that he will forward copies to the City Council. Councilmember Gumphrey expressed concern with items being overlooked if the project is rushed. He indicated that he would like the assessment amount to be consistent with past assessments. Mr. Anderson explained that an additional item for the Council to consider is that the decision on how to handle the assessments on this project will set the precedent for this type of future projects. An example would be Jackson Avenue. Ms. Johnson stated that staff will come back with a pedestrian ramp policy. Mayor Klinzing also asked that staff come back with a revised assessment policy. Mr. Stewart indicated that they will come back at the April 19 Council meeting with more detail and public meeting informational along with the feasibility study. The Council took a five minute recess at 7:50 p.m. 5.5. Financial Model Review Mr. Simon reviewed the financial model. 5.6. Public Works Master Plan Update Ms. Johnson presented the staff report. Council consensus was to authorize staff to begin the process of updating the Public Works Master Plan. City Council Minutes Page 5 Apri112, 2010 5.7. Organizational Structure Ms. Johnson presented the staff report. Ms. Johnson indicated that the Council authorized the hiring of a city engineer at the March 8 meeting but Councilmember Westgaard requested further discussion before proceeding. Councilmember Westgaard questioned how the city engineer fits under the public works director. He expressed concerns that the city engineer is higher paid than originally discussed and wondered if the decision had been made to forego a public works director. Mr. Johnson stated that a decision on the public works director has not been made. She explained that having a city engineer on staff is necessary and is more cost effective and efficient than to pay a consultant. She added that the city needs a city engineer on site for continuity and to answer more broad based questions from staff. She noted that a majority of the city engineer's wages will be billed out to projects as the consultant fees have been in the past. Councilmember Gumphrey questioned if the city engineer could be the public works director. Councilmember Westgaard again expressed concern over higher overall personnel costs with hiring a higher quality engineering position in addition to a public works director. Ms. Johnson indicated that if a city engineer is hired the engineer qualifications would not need to be included in the public works director duties, therefore, that position could be paid at a lower level. She explained that the city is paying far more now in consultant fees than what it will cost to have a city engineer on staff. Mayor Klinzing reiterated that the city has paid a lot out in consultant fees. Councilmember Zerwas stated that at some point there needs to be someone in a leadership position between departments and the Ciry Administrator. Councilmember Westgaard agreed. Discussion took place on whether or not a decision had been made as to which position was a higher priority, the community development director or the public works director. Ms. Johnson indicated that no decision had been made and that the Council wanted to further discuss the options. Ms. Johnson indicated the Council asked her to come back with options on department head positions. She explained that there is not enough funding for all positions so this is an opportunity for the Council to review what will work for the city. She added that the Council discussed a possible assistant city administrator position and the community development director position but there was not much discussion on a public works director. She distributed an organizational chart from Minnetonka for the Council to review. She indicated that Minnetonka just underwent major restructuring. Discussion took place on some benefits of hiring a public works director and for hiring a community development director. Ms. Johnson stated that with 2011 budget discussions beginning in a couple months it may be more beneficial to delay these discussions until that time. The Council concurred. City Council Minutes Page 6 April 12, 2010 Council consensus was that the motion from March 8 to proceed with hiring of a city engineer stands as is and staff should move forward with that process. 5.8. Call Special Focused Area Study Meeting Ms. Johnson indicated that Bruce Chamberlain is not available on April 26. Ms. Johnson stated May 10 is a possible date for the Focused Area Study meeting. Consensus of the Council was to Bold the special Focused Area Study meeting on May 10. 5.9. Council Open Forum Councilmember Zerwas stated that the Council worksessions have not been starting at 6 p.m. lately due to the Economic Development Authority meetings running long. He asked that the time of the meetings be changed back to 6:30 p.m. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO CHANGE THE START TIME OF THE CITY COUNCIL WORKSESSION MEETINGS BACK TO 6:30 P.M. MOTION CARRIED 5-0. It was noted that meeting times are set by resolution and staff will prepare a resolution for approval at an upcoming meeting. 6. Other Business There was no other business. Council Updates There were no Council updates. 8. Staff Updates Ms. Johnson stated that there is a joint City Council/Parks and Recreation Commission meeting scheduled for May 3. She asked the Council to let her know of any agenda additions. Counciltnember Gumphrey questioned when the last time the Council met with the Sherburne County Board of Commissioners. Ms. Johnson will look into coordinating a joint meeting. 8.1. CMC Designation: Jessica Miller Ms. Johnson indicated that Ms. Miller has received her designation of Certified Municipal Clerk after completing a three year, week-long training course. The Council congratulated Ms. Miller on her accomplishment. 9. Adjournment There being no further business, Mayor I~linzing adjourned the meeting of the Elk River City Council at 9:p7 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk Stephanie Klinzing, Mayor