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10-27-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE HIGH SCHOOL LITTLE THEATRE MONDAY, OCTOBER 27, 2003 Members Present: Members Absent: Staff Present: Vice Mayor Kuester and Councilmembers Motin and Tveite Mayor Klinzing and Councilmember Dietz City Administrator Pat Klaers; Fire Chief Bruce West; Ice Arena Manager Rich Czech; Street/Park Superintendent Phil Hals; Finance Director Lori Johnson; and Recording Secretary Jessica Miller 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 Vice Mayor Kuester. Consider 10/27/2003 Agenda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE COUNCIL AGENDA AS AMENDED: The following items were added to the agenda under Other Business: · Discuss Yankton Street Feasibility Study · Consider Hiring of Two Part-Time Employees · Boston/Concord Assessment Update · Award Masonry Contract for City Hall/Utilities MOTION CARRIED 3-0. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILEMBER TVEITE TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.4. 3.5. COUNCIL MINUTES · 10/13/03 · 10/20/03 CHECK REGISTER TOBACCO AND 3.2. PERCENT OFF SALE MALT LIQUOR LICENSES FOR MAI YANG PAY ESTIMATES · PUBLIC SAFETY · CITY HALL · BOSTON/CONCORD IMPROVEMENTS · 2003 STREET REHABILITATION PUBLIC SAFETY FACILITY AND CITY HALL/UTILITIES CHANGE ORDERS City Council Minutes October 27, 2003 ............................. 3.6. APPOINTMENT OF MARK MALZAHN TO ICE ARENA COMMISSION Page 2 MOTION CARRIED 3-0. 4. Open Mike Mark Olson, 18778 Yankton Street NW, was in attendance to discuss issues with his street. Mr. Olson stated that he lost his house in a fire a week ago and believes that the road conditions caused delays in the emergency response. Mr. Olson indicated that he has been working with the city for many years to resolve the drainage and narrow road conditions but the issues have failed to be permanently resolved. Councilmember Motin questioned if there has been a petition for Yankton Street improvements. City Administrator Pat Klaers stated that there has been no petition to his knowledge. Mr. Olson also noted that Zebulon Street/144m Avenue should be given one name. Currently, the road is named Zebulon in Elk River but in Big Lake Township the name changes to 144m Avenue. Mr. Olson stated that this has caused emergency response vehicles some confusion in the past and he believes it will continue to cause confusion. Diane Thiesen, 18741 Yankton Street NW, stated that she agrees with Mr. Olson that the road issues need to be resolved. She also noted that she would like to be kept informed of any work planned for the road. 5.1. Ice Arena Update Ice Arena Manager Rich Czech stated that the Barn floor repair is going as scheduled. He stated that new refrigerant should be able to be added in the next three or four days and new ice could be made as soon as Sunday. City Administrator Pat Klaers stated that the city went out for bids for the Barn floor in case the repair was unsuccessful and because the floor is set to be replaced in the spring anyway. Mr. Klaers stated that the bids for the removal and replacement of the old floor and the bids for the installation of the dasher boards will be presented to the Council in November. 5.2. Consider July 1, 2003 Insurance Renewal Mary Eberley of First National Insurance Agency of Elk River was in attendance to present the League of Minnesota Cities Insurance Trust (LMCIT) insurance renewal for the city. Ms. Eberley stated that she and Finance Director Lori Johnson began working on the LMCIT insurance renewal in May for the July 1 renewal but the renewal quote from LMCIT has just been received. Ms. Eberley stated that a binder was issued July 1 to cover the city until the formal policy renewal was completed. Ms. Eberley reviewed the policy and the optional coverage options with the Council as well as the rate increases. Councilmember Motin questioned if the city could lock into a two-year policy to avoid the delays. Ms. Eberley didn't believe that was an option and stated that the policy and the rates would have to be reviewed annually anyway. Councilmember Motin questioned the increase for the liquor liability. Finance Director Lori Johnson stated that the liquor store was previously covered by another company but that City Council Minutes Page 3 October 27, 2003 ............................. company chose not to renew the policy and so the liquor store building, contents, and liquor liability insurance has been added to the LMCIT policy. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE RENEWAL OF THE CITY'S PROPERTY/CASUALTY INSURANCE POLICY WITH THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST AS PRESENTED. THE MOTION CARRIED 3-0. 5.3. Consider Resolution Adopting and Levying Assessments from Unpaid Garbage Collection Services as of September 1, 2003 Finance Director Lori Johnson stated that each year the city assesses property owners who have unpaid garbage bills as of September 1. Ms. Johnson stated that all of the property owners who had delinquent garbage bills as of September 1 have received a notice informing them that they would be assessed and a penalty applied unless the account was brought current. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 03-74 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 2003. MOTION CARRIED 3-0. 5.4. Consider Special Assessment Reapportionments Finance Director Lori Johnson stated that the City Council is required by Minnesota Statutes to approve the special assessment reapportionments list the Council was provided. Ms. Johnson noted that this item is usually handled under the consent agenda. Councilmember Motin questioned if all of the lots listed are buildable. Ms. Johnson stated that staff works together to assure that all of the lots listed for the reapportionment are buildable. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE SPECIAL ASSESSMENT REAPPORTIONMENTS AS PRESENTED. MOTION CARRIED 3-0. 5.5. Consider Compensato~ Time Policy Change for Exempt Employees City Administrator Pat I~aers stated that he is requesting that the compensatory time policy for exempt employees be changed. Mr. I~aers stated that the current policy states that exempt employees may take no more than four hours of comp time off in one day and no more than ten hours in one week. Mr. I~aers noted that this policy may not treat all exempt employees fairly. He noted that another reason for the change is to be sure that the city is in compliance with the Fair Labor Standards Act (FLSA). Mr. I~aers indicated that the easiest and cleanest way to ensure compliance with FLSA and in order for the city to be fair to all employees is to eliminate the recording of comp time. Mr. I~aers stated that the change will not impact how the city does business but only how hours are recorded. It was noted that this is not an uncommon practice for municipalities. City Council Minutes Page 4 October 27, 2003 ............................. Mr. Klaers also stated that he believes it is appropriate to provide exempt employees with 20% of their compensatory time that is "in the bank" as personal leave time. The employees will be required to use, or lose, this time within five years. Councilmember Motin questioned if this policy change has been presented to exempt employees. Mr. Klaers stated that it has been discussed with the department heads a number of times and most recently at the September department head meeting and it was the consensus that the change needs to take place. Mr. Klaers also stated that it is the department heads responsibility to share information about this policy change with their exempt employees. Councilmember Tveite questioned if the personal leave time will be paid out to employees when they leave the city. Mr. Klaers noted that in his October 13, 2003 memo he stated that the city will not pay for any personal leave hours upon an employee leaving. Vice Mayor Kuester questioned if this change will effect all departments and job duties equally. Mr. Klaers stated that there are employees in some departments that have more comp time than others but he doesn't see a significant change in how employees do their jobs. He stated that an employee is hired to do a job and exempt employees are expected to typically work over 40 hours in a week and so the work should continue to get done. Vice Mayor Kuester also expressed her interest in seeing this policy change be followed up on. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO DELETE THE LAST THREE SENTENCES FROM THE "TIME OFF FOR EXEMPT EMPLOYEES" SECTION (ON PAGE FIVE) OF THE CITY PERSONNEL POLICY MANUAL. MOTION CARRIED 3-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO AUTHORIZE 20% OF THE ACCUMULATED COMPENSATORY TIME BE CONVERTED TO PERSONAL LEAVE TIME AND THAT THE PERSONAL LEAVE HOURS NEED TO BE USED, OR THE HOURS WILL BE LOST, WITHIN FIVE (5) YEARS. MOTION CARRIED 3-0. 5.6. Consider Small Cities Development Program Grant Application for Downtown Revitalization Project Denise Beigbeder of TechTRA, Inc., referred to the staff report submitted by Director of Economic Development Catherine Mehelich. She stated that she would be happy to answer any questions the Council may have. Ms. Beigbeder has been hired by MetroPlains to assist in the grant application. Vice Mayor Kuester opened the public hearing. There being no one present to speak on this issue, Vice Mayor Kuester closed the public hearing. City Administrator Pat Klaers questioned the amount of the grant. Ms. Beigbeder stated that the total amount of the Small Cities Development Program Grant application is ~g1,168,100. City Council Minutes Page 5 October 27, 2003 ............................. Mr. Klaers questioned if the project would be put on hold if this grant application is not successful. Veto Hanson of MetroPlains stated that it is a possibility that the project could be put on hold if the grant is not received. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 03-75 A LOCAL GOVERNMENT RESOLUTION FOR THE CITY OF ELK RIVER RELATING TO THE SUBMISSION OF A BUSINESS AND COMMUNITY DEVELOPMENT APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT ON BEHALF OF THE CITY OF ELK RIVER MN $$330. MOTION CARRIED 3-0. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 03-76 IDENTIFYING "SLUM AND BLIGHT" CONDITIONS. MOTION CARRIED 3-0. 6. Other Business Discuss Yankton Street Feasibility Study Councilmember Tveite stated that Yankton Street was built as a township road, has not seem any significant improvements, and does not meet current city street standards. Councilmember Tveite is concerned that there could be safety issues that need to be addressed with the construction of the road. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO ORDER A FEASIBILITY STUDY ON YANKTON STREET TO EXPLORE STREET IMPROVEMENT POSSIBILITIES AND FUNDING OPTIONS. THE STUDY WILL BE PAID FOR USING COUNCIL CONTINGENCY FUNDS. MOTION CARRIED 3-0. Consider Hiring Part-Time Administration Secreta~/Receptionist City Administrator Pat Klaers stated that Donna Malecha, who formerly worked for the City of Elk River as Secretary/Receptionist has accepted the offer for the part-time Secretary/Receptionist for the Administration Department. Donna will begin the position at Pay Grade 5, Step 2 - $12.51 per hour with pro-rated holiday, sick, and vacation leave. Donna will begin employment with the city on Monday, November 10, 2003. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE HIRING OF DONNA MALECHA AS PART-TIME SECRETARY/RECEPTIONIST FOR THE ADMINISTRATION DEPARTMENT BEGINNING ON MONDAY, NOVEMBER 10 AT PAY GRADE $, STEP 2 - $12.$1 PER HOUR WITH PRO- RATED HOLIDAY, SICK, AND VACATION LEAVE. MOTION CARRIED 3-0. Consider Hiring Recreation Department Part-Time Office Employee Finance Director Lori Johnson stated that the Recreation Department has completed the interviewing for the Recreation Assistant/Facilities and Programming position and are recommending the hiring of Katherine LeGare for the position. Katherine would begin at City Council Minutes Page 6 October 27, 2003 ............................. Pay Grade 5, Step 1 - $11.32 per hour with pro-rated holiday, sick, and vacation leave. Ms. LeGare will begin her employment on Tuesday, November 4, 2003. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE HIRING OF KATHERINE LEGARE FOR PART-TIME RECREATION ASSISTANT/FACILITIES AND PROGRAMMING BEGINNING ON NOVEMBER 4, 2003 AT PAY GRADE 5, STEP 1 - $11.32 PER HOUR WITH PRO-RATED HOLIDAY, SICK, AND VACATION LEAVE. MOTION CARRIED 3-0. Boston/Concord Assessment Update Finance Director Lori Johnson stated that the Finance Department received a call from Elaine Stuefen at 12903 Mississippi Road, Parcel 75-468-0235. Ms. Stuefen was connected to city water in 1996 and paid the water portion of the assessment at that time. Ms. Stuefen was assessed the entire amount of the Boston/Concord water/sewer assessments this year. Ms. Johnson indicated that since Ms. Stuefen paid the water assessment in 1996, the parcel should not have been assessed for the water portion of the assessment again. Ms. Johnson stated that she has been in contact with Councilmember Dietz and he agreed with staff's recommendation to reduce the assessment amount by $6,035.19. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE REDUCTION OF THE BOSTON/CONCORD WATER AND SEWER ASSESSMENT OF ELAINE STUEFEN AT 12903 MISSISSIPPI ROAD, PARCEL 75-468-0235 BY $6,035.19 FROM $17,243.41 TO $11,208.22. MOTION CARRIED 3-0. Consider Award of Mason~ Contact for City Hall Finance Director Lori Johnson stated that Oakwood Masonry, who was the masonry contractor for the city hall/utilities project, has gone out of business. Ms. Johnson stated that originally the bond company agreed to pick up the cost of the contract and did award a contract to complete the project but has since backed out due to the estimated cost to finish the project. The original contract was for $208,600 and that is all the bond company will cover. Ms. Johnson stated that it is estimated to cost approximately $18,300 to complete the masonry work but that Oakwood installed some walls improperly and that remedial work will need to be completed at an additional cost of approximately $24,000. Ms. Johnson noted that she is working with City Attorney Peter Beck to determine what legal action may be taken because the city should not be responsible for this cost since a certain quality work was contracted for and not received. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE MASONRY CONTRACT FOR THE CITY HALL/UTILITIES BUILDING IN THE AMOUNT OF $18,300 TO GRESSER CONCRETE AND MASONRY AND ALSO TO APPROVE THE COMPLETION OF REMEDIAL WORK THAT NEEDS TO BE DONE WITH THE ASSUMPTION THAT THE CITY WILL NOT BE RESPONSIBLE FOR THOSE COSTS. MOTION CARRIED 3-0. 7. Staff Updates There were no Staff Updates. City Council Minutes October 27, 2003 ............................. Page 7 8 Adjournment There being no further business, Vice Mayor Kuester adjourned the meeting of the Elk River City Council at 8:30 p.m. Jessica Miller Recording Secretary