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11-13-2001 CC MINPIEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 13,2001 Members Present: Mayor I~-2inzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat K2aers, Director of Planning Michele McPherson, City Attorney Peter Beck, Finance Director Lori Johnson, Street/Park Superintendent Phil Hals, Assistant Street Superintendent Mark Thompson, Chief of Police Tom Zerwas, Assistant Police Chief Jeff Beahen, Liquor Store Manager David Potvin, and City Clerk Sandra Peine Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:07 p.m. by Mayor I~-flinzing. 2. Consider 11/13/2001 Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNClLMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3,1. 3.2. 3.3. 3.4.A. 3.4.B. 3.4.C. 3.4.D. 3.5. 10/22/2001 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED REQUEST TO HIRE PART TIME RECEPTIONIST FOR RECREATION DEPARTMENT - 20 HOURS PER WEEK, BEGINNING JANUARY 1, 2002 - APPROVED RESOLUTION 01-72 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 2001 - APPROVED SPECIAL ASSESSMENT REAPPORTIONMENTS FOR TWIN LAKE TOWNHOMES, TWIN LAKE TOWNHOMES 2s°, WINDSOR OAK HILL, WOODS AT HILLSIDE 2~n, FOX HAVEN CIC #25, MISSISSIPPI RIDGE - APPROVED SPECIAL ASSESSMENTS FOR WATER AND SEWER IMPROVEMENTS TOTALING $559,233.35 - APPROVED DEFER ASSESSMENT FOR MARY JUHL, 2001 STREET OVERLAY, 75- 425-0150 - APPROVED RESOLUTION 01-73 EXTENDING THE TERM OF THE CABLE FRANCHISE HELD BY CC VIII OPERATING COMPANY~ LLC D/B/A CHARTER COMMUNICATIONS - APPROVED City Council Minutes November 13, 2001 Page 2 3.6. 3.7. MASSAGE THERAPIST LICENSE FOR KELLY OPAY TO PRACTICE MASSAGE AT SALINA SPA AND SALON, 19262 FREEPORT AVENUE - APPROVED TEMPORARY ON-SALE LIQUOR LICENSE FOR BOYS AND GIRLS CLUB FOR SPECIAL EVENT ON NOVEMBER 29, 2001 - APPROVED PAY ESTIMATE #3 TO MUNICIPAL BUILDERS, INC. FOR WORK ON THE WWTP VENTILATION AND ROOF IMPROVEMENTS IN THE AMOUNT OF $73,754.14 -APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Consider Ice/Snowy Removal Policy Phil Hals and Mark Thompson reviewed the 2001-2002 snow plowing policy. Phil and Mark indicated that due to the increased number of developments in the city, especially in the eastern area, options must be considered to provide snow removal for these additional areas. He noted that this issue would have to be addressed during the 2002-2003 snow season. COUNCILMEMBER MOTIN MOVED TO ADOPT THE 2001-2002 SNOW PLOWING POLICY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Consider Soil Boring Ouote for Joplin Street Parcel The City Administrator updated the Council on the soil boring quotes. He indicated that STS Consultants provided the lowest quote for the soil borings west of City Hall. He noted that the quote for the areas west of city hall was $3,100 and the Joplin Street soil borings would cost $2,000. The City Administrator recommended not doing the Joplin Street borings until it is determined that the City will be util/zing the property. 4.3. Consider Lion's Park Center Use Policy. Nfichele McPherson noted that on October 15, the Council reviewed the Lion's Park Policy and directed staff to make some amendments to the policy. Michele reviewed the changes made to the Lion's park Center Use Policy. Mayor IGinzing indicated that there might be some confusion between the terms non-profit organization and religious organization. Councilmember Kuester requested that the wording in #8 read, "The City reserves the right to cancel an application at any time." The $1,000 deposit requirement for priority 3, 4, and 5 users was discussed. Mayor Klinzing suggested that the policy be reviewed within 6-12 months. Nrichele McPherson indicated that she would present a f'mal policy for Council adoption at a future Council meeting. 4.4. Discuss Signs in City. Right-of-Way Michele McPherson reviewed the opinion from the City Attorney regarding the removal of signs in the city right-of-way. She indicated that the Opinion indicates that to effectively el/minate signs in the right-of-way, the ordinance must be consistently enforced. City Council Minutes November 13, 2001 Page 3 Michele recommended enforcing the existing ordinance by removing all signs located in the right-of-way, regardless of content and by informing all developers and new residents of the requirements of the ordinance. The Council concurred with staff's recommendation. 4.5.a. Mechanic Position Phil Hals requested authorization to advertise to hire a mechanic. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE STREET SUPERINTENDENT PHIL HALS TO ADVERTISE TO HIRE A MECHANIC. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5.b. Update on 2001 Public Works Building Improvements Street/Park Superintendent Phil Hals updated the Council on the progress of the street department building renovations. 5. Open Mike No one was present for open mike. 6. Other Business There was no other business. 7. Staff Updates There were no staff updates. The Council recessed at 8:04 p.m. to the Training Room for a budget worksession. 8.1. Enterprise Budgets The City Administrator reviewed the Enterprise Fund Budgets (Garbage Collection/Recycling Program, Municipal Liquor Store, Wastewater Treatment System). The Council discussed the garbage rates and fund reserve, the liquor store market study, and the sewer rates resolution. COUNCILMEMBER TVEITE MOVED TO APPROVE THE ENTERPRISE FUND BUDGETS AS PRESENTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-74 SETTING THE SANITARY SEWER USER FEES FOR 2002 AND 2003. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes November 13, 2001 Page 4 8.2. Review 2002 Proposed Budget Pat IGaers reviewed his memo on the current status of the proposed 2002 budget. Pat informed the Council that the city tax rate is increasing to 43.544. He explained that the increase is necessary and not a surprise due to the restructuring of the tax system. The City. Administrator stated that there was a September 4, 2001, shortfall in the proposed budget of $111,600. He reviewed the suggested budget adjustments to reduce the shortfall. The proposed adjustments reduced the shortfall to $18,600. 8.3.a. Request for Authorization to Hire City. Prosecutor The City Administrator indicated that the Police Department is requesting permission to hire an Assistant City Attorney/City Prosecutor. Lori Johnson discusSed the Persdnnel Committee's pay grade recommendation. She indicated that the committee recommended that the City Prosecutor position be placed at pay grade 8E, that the position be reviewed within one year, and if necessary, and that the pay grade be adjusted accordingly at that time. Lori indicated that since the Personnel Committee reviewed the position based on the jobs ad and prior Council discussion of the position. She stated that the committee did not review an Assistant City Attorney position. Police Chief Zerwas indicated that he is requesting that the recommended employee start at $71,000 per year. He explained that the request to pay above the Personnel Committee's recommendation is due to the current market, the change in duties, and the addition of Assistant City Attorney to the tide. Finally, the Chief noted that this position would be reporting to the City Administrator and not to himself on the Assistant Chief. Police Chief Zerwas recommended that the Council hire Chris Johnson at $71,000 with an increase to $72,676.09 on July 1, 2002. He further stated that Mr. Johnson is requesting fifteen days of vacation and fifteen days of sick leave on the books and for his vacation to accrue based on ten years of service. The Council discussed the requested terms and conditions. COUNCILMEMBER MOTIN MOVED TO HIRE CHRIS JOHNSON AS ASSISTANT CITY ATTORNEY/CITY PROSECUTOR AT $71,000 WITH AN INCREASE TO $72,676.09 ON JULY 1, 2002, WITH 15 DAYS OF VACATION IN THE BANK AND 12 DAYS OF SICK LEAVE IN THE BANK AND THAT NO ADDITIONAL SICK OR VACATION ACCRUAL TAKE PLACE UNTIL AFTER THE SIX MONTH ORIENTATION PERIOD IS COMPLETE, AND AT THAT TIME ADDITIONAL VACATION ACCRUE AT THE RATE OF A TEN-YEAR EMPLOYEE, AND THAT THE OFFER IS CONTINGENT UPON A SUCCESSFUL BACKGROUND CHECK. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.3.b. Authorization to Advertise for Legal Secretary. Position COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CHIEF OF POLICE TO ADVERTISE FOR A LEGAL SECRETARY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes November 13, 2001 Page 5 8.4. 8.5. 8.6. Consider Police Sergeant & Corporal Changeover Chief of Police Zerwas reviewed the staff memo relating to the eli.rnmation of the police corporal assignment. He indicated that due to the growth of the department it is more beneficial to have additional sergeants on duty to supervise the staff. He recommended eliminating the corporal assignment and adding one additional patrol sergeant and to create a lead officer assignment. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE THE CHIEF OF POLICE TO ELIMINATE THE PATROL CORPORAL ASSIGNMENTS, TO ADD ONE ADDITIONAL PATROL SERGEANT AND TO CREATE A LEAD OFFICER ASSIGNMENT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider January. 1, 2002, Health and Dental Insurance Lori Johnson presented the health and dental insurance renewal details. She noted that Medica, the City's existing provider, quoted a renewal that includes a 24 percent increase in premiums. She indicated that HealthPartners has submitted a very attractive proposal. She recommended that the Council approve the HealthPartners contract and accept the two-year rate guarantee. COUNCILMEMBER MOTIN MOVED TO APPROVE THE HEALTH AND DENTAL INSURANCE CONTRACTS WITH HEALTHPARTNERS FOR JANUARY 1, 2002, AND TO ACCEPT THE TWO-YEAR RATE GUARANTEE FOR HEALTH INSURANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Pay Plan Resolution Pat Klaers presented the proposed 2002 pay plan for non-organized employees. Pat indicated that the plan reflects a 3% wage increase. He indicated that the plan also calls for an increase in the city's monthly contribution to the Flexible Benefits Plan of $10.00 per month. The Council discussed the 3% cost of living and indicated that it was slightly higher than the cost of living index. The Council also discussed the city's $10.00 contribution to the Fle.,dble Benefits Plan. The Council indicated that due to last year's significant increase in health insurance contribution by the City that this year it would be appropriate to not increase its contribution. Councilmember Tveite did not agree with this and suggested that the Council contribute the $10.00. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-75 ADOPTING THE 2002 PAY PLAN FOR NON-ORGANIZED EMPLOYEES ELIMINATING THE $10.00 INCREASE IN THE CITY'S CONTRIBUTION TO THE FLEXIBLE BENEFITS PLAN (ITEM 16). COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER TVEITE OPPOSED. City Council Minutes November 13, 2001 Page 6 8. Adjournment There being no further business, Mayor K2inzing adjourned the meeting of the Elk River City Council at 9:30 p.m. Sandra Peine City Clerk