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05-10-1999 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 10, 1999 e Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Sandra Peine, City Clerk; Peter Beck, City Attorney; Steve Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer 1. Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7: 10 p.m. by Mayor Klinzing. 2. Consider Aaenda Steve Rohlf requested that the Mayor remove Item 3.6., Consider Hiring a Seasonal/Temporary Building Inspector, from the consent agenda and add it to the Administration Items as Item 5.0. e COUNCILMEMBER MOTIN MOVED TO APPROVE THE CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. CHECK REGISTER - APPROVED 3.2. 4/26/99 CITY COUNCIL MINUTES - APPROVED 3.3. 4/29/99 CITY COUNCIL MINUTES - APPROVED 3.4. 4/29/99 BOARD OF REVIEW MINUTES - APPROVED 3.5. RESOLUTION 99-35 GRANTING FINAL PLAT APPROVAL FOR LEON LEFEBVRE SECOND ADDITION, CASE NO. P 98-9 - APPROVED 3.6. CONSIDER HIRING A SEASONAL/TEMPORARY BUILDING INSPECTOR - MOVED TO ITEM 5.0. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 5.0. Consider Hirina a Seasonal/Temporary Buildina Inspector e Building and Zoning Administrator Steve Rohlf indicated that the seasonal building inspector applicant that staff was recommending to hire is no longer interested in this position. Steve Rohlf informed the council that he is having a difficult time hiring building inspectors. He indicated that this was due to Elk River's pay range being too low. He further stated that he is recommending that wages of building inspectors be increased and that the personnel committee will be studying this issue. Elk River City Council Minutes Mav 10. 1999 Page 2 e 5.1. Consider Resolution Providina for the sale of the Citv's $5,725,000 General Obliaation Bonds, Series 1999A Finance Director Lori Johnson requested the council to consider a resolution providing for the sale of $5,725,000 of general obligation improvement bonds for the east Elk River water and sewer improvement project. She explained that the original cost of $6,080,821, excluding capitalized interest, has been reduced by an up-front contribution of $500,000 from the water fund. Lori Johnson explained that the bonds will be repaid from a variety of revenue sources including special assessments, revenues of the city's water and sewer utilities, and tax increment revenues from the city's TIF District No. 19. A tax levy is also included in the repayment schedule. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-36 PROVIDING FOR THE SALE OF THE CITY'S $5,725,000 GENERAL OBLIGATION BONDS, SERIES 1999A. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Community Recreation Update - Jeff Asfahl e Community Recreation Director Jeff Asfahl informed the City Council that he is resigning from his position to take a job with the City of Eagan. Discussion was held by the council regarding the future of the community recreation program. The council discussed the issue of the City of Elk River becoming the employer for the community recreation director. It was the consensus of the council that the city would be willing to be the employer for the community recreation director. The council discussed whether the city should maintain the status quo of the existing community recreation program or if consideration should be given to breaking away from the organization with Elk River having its own community recreation department. Councilmember Dietz requested that the Park and Recreation Commission discuss this issue at its next meeting. He further indicated that the city should investigate what it would cost to take over the program and to explore available options. Mayor Klinzing indicated that she would be open to explore the options of the city having its own park and recreation department, but she indicated she is not convinced that there is a need for a change at this time. 5.3a. Public Hearina to Consider Adoption of Assessments for School Street Improvements City Engineer Terry Maurer gave a presentation regarding the School Street improvement. He summarized the total project cost and the proposed assessments. He indicated that anyone wishing to appeal their assessment must present a signed written objection to the Mayor at this meeting. Mayor Klinzing opened the public hearing. e Dr. Flannery, Superintendent of Schools, presented a written objection to the special assessment. He indicated that the School Board objects to the assessment for several reasons but the main reason is because the School District is the only taxpayer on School Street that is being assessed for the improvement. Elk River City Council Minutes Mav 10. 1999 Page 3 e Dr. Flannery noted that the School District supports the improvement and is in favor of having the sidewalk on the south side of the street. Councilmember Farber questioned the school's objection to the assessment due to the fact that the school equals 50 percent of the property owners. Dr. Flannery indicated that there may be a dollar figure that would be acceptable to the School Board other than the proposed assessment amount, however he has not been given authorization to present any figures at this time. Ken Turner, 557 7th Street NW, indicated that he is a resident of the city and he is not in favor of the two government bodies going to court over the issue. There being no further comments on this issue, Mayor Klinzing closed the public hearing. Mayor Klinzing noted that she would be looking at how affordable this assessment is to the school district and how it will impact the education of the students. Mayor Klinzing noted that although she must look at what is good for the city, she will not vote in favor for the assessment as it stands as she feels the city needs to go back to the table with the School Board to find out what would be a more acceptable assessment amount for the School Board. e COUNCILMEMBER THOMPSON MOVED THAT THE OBJECTION TO THE SPECIAL ASSESSMENT PRESENTED BY INDEPENDENT SCHOOL DISTRICT NO. 728 FOR PARCELS 75-133-1102 AND 75-134-2100 BE DENIED BASED ON THE FACT THAT THE PROPERTY WILL BE BENEFITED IN AN AMOUNT IN EXCESS OF THE PROPOSED ASSESSMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 99-37 ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE SCHOOL STREET IMPROVEMENT OF 1999. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4- 1. Mayor Klinzing opposed. Councilmember Motin requested that city staff contact the School Board to try to work out a solution to the assessment amount. 5.3b. Consider School Street Improvement Bid Award City Engineer Terry Maurer indicated that the city has tabulated bids for the School Street improvement project. He indicated that the low bidder was Northwest Asphalt, Inc., at $241,736.99. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 99-38 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SCHOOL STREET IMPROVEMENT OF 1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Highwav 169 Pedestrian Bridae Update e City Engineer Terry Maurer updated the council on the progress of the Highway 169 pedestrian bridge. 5.5. Hiahwav 10/17pt Avenue Sianal Update City Engineer Terry Maurer updated the council on the status of the signal improvement at the intersection of T.H. 10 and 171st Avenue. Elk River City Council Minutes May 10. 1999 Page 4 e 5.6. Cartway Discussion City Attorney Peter Beck updated the council on the Eagle Lake/Cartway issue presented by Cecilia Scheel. He indicated that after review of the issue, documents which the staff have reviewed indicate that Eagle Lake Road was properly established in 1895, thus extinguishing the prior cartway, and properly vacated in 1968, thus vacating all public interest in the right-of-way. Councilmember Thompson requested that Madalyn Moos and Cecilia Scheel receive a copy of the memo from the city attorney. 5.7. Consider Resolution Initiating Eminent Domain Process City Attorney Peter Beck indicated that he has drafted a resolution which authorizes staff to try to acquire certain property through negotiation, and if negotiation fails, to acquire the property through eminent domain. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-39 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINNESOTA STATUTE 117.042. COUNCILMEMBER THOMPSON SECONDED THE MOTION. e Curt Charest 706 Quinn Avenue, property owner, questioned why this parcel of property has become such an interest to the city. Steve Rohlf indicated that there are several reasons, one being that the 1997 Master Park and Recreation Plan identifies the need for an area wide park in the southeast portion of the city along the Mississippi River. THE MOTION CARRIED 5-0. 5.8. Consider Special Meetina on Mondav, May 17, 1999 COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON MONDAY, MAY 17,1999, FROM 5 TO 6 P.M. TO HEAR A PRESENTATION OF THE 1998 CITY AUDIT AND FINANCE DEPARTMENT ANNUAL REPORT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Verbal Update on East Elk River Easement and Riaht-of-Way Acquisition City Administrator Pat Klaers indicated that the EDA has recommended that the city enter into a purchase agreement for the Brown property which is associated with the east Elk River project. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE THE CITY TO ENTER INTO A PURCHASE AGREEMENT, WITH PART OF THE MONEY TO COME FROM THE DEVELOPMENT FUND, FOR THE PURCHASE OF THE BROWN PROPERTY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. e Councilmember Motin suggested that the city move forward on the Kirkeide property purchase. Mayor Klinzing noted that she will vote against this motion as she feels the city is moving ahead too fast on the purchase of this property. Elk River City Council Minutes Mav 10. 1999 Page 5 . THE MOTION CARRIED 4-1. Mayor Klinzing opposed. The City Administrator updated the council on the status of the right-of-way and easement acquisition for the utility and street project. 5.9. Update on Liquor Store and Plannina Departments City Administrator Pat Klaers indicated that the planning department has been operating without a department head for almost one year, and the municipal liquor store has been operating without a department head for close to five months. He noted that certain employees within these departments have taken the lead and have assumed added responsibilities. He recommended a one lump sum payment to the following employees for assuming added responsibilities during the absence of the department head: Scott Harlicker Steve Wensman Debbie Huebner Steve Tillmann Brent Behrns $3,000 $2,225 $1,500 $3,000 $1,500 It was the consensus of the City Council that because the planning department has operated without a department head more than double the time of the municipal liquor store, that the planning departments employees' compensation should be higher than the employees at the liquor store. e COUNCILMEMBER MOTIN MOVED TO AUTHORIZE A ONE LUMP SUM PAYMENT FOR ADDITIONAL RESPONSIBILITIES ASSUMED DURING THE ABSENCE OF THE DEPARTMENT HEAD TO THE FOLLOWING EMPLOYEES: SCOTT HARLlCKER STEVE WENSMAN DEBBIE HUEBNER STEVE TILLMANN BRENT BEHRNS $3,000 $2,225 $1,500 $2,000 $1,000 COUNCILMEMBER FARBER SECONDED THE MOTION. Following discussion by the council, it was the consensus that these types of issues should be deqlt with at the time the department head resigns. Council member Motin suggested that the job descriptions should reflect the duty of acting department head in the case of absence or resignation of the department head. THE MOTION CARRIED 3-1-1. Councilmember Dietz opposed. Councilmember Thompson abstained. 6. Other Business e Councilmember Farber indicated his concern regarding the traffic situations at County Road 1 and Proctor and Highland and Proctor. He requested the City Engineer to look into these issues. Elk River City Council Minutes Mav 10. 1999 Page 6 e 7. Staff Updates There were no staff updates. 8. Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 9: 1 0 p.m. ~ IJ~~ Sandra Peine City Clerk e e