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05-07-1990 CC MIN - e - MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 7, 1990 Members Present: Mayor Tralle, Councilmembers Schuldt, Kropuenske, Holmgren (6:45 p.m.), Dobel (7:50 p.m.) Members Absent: None Staff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Gary Groen, City Auditor; Terry Maurer, City Engineer; Sandy Thackeray, City Clerk 1. Call Meetin~ to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m~ 2. Consider 5/7/90 City Council A~enda Item 3.5, Carol Mills Proclamation and 10.2, Sign Ordinance, were added to the agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 5/7/90 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Consideration of 4/30/90 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 4/30/90 CITY COUNCIL MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3.5 Proclamation Mayor Tralle read a proclamation which proclaimed May 6, 1990, as Carol J. Mills Day in honor of her years of service at the Guardian Angels Foundation. COUNCILMEMBER KROPUENSKE MOVED TO PROCLAIM MAY 6, 1990, AS CAROL J. MILLS DAY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4. Boatin~ on Orono Lake Mayor Tralle stated that an ordinance regulating the speed and direction of watercraft on Lake Orono was presented to the City Council at the April 23, City Council meeting. He stated that the ordinance presented at that meeting did not address the concerns of the Council regarding the no wake situation in the channel and also jet skis and self propelled water skis. Mayor Tralle stated that the redrafted ordinance does address these concerns. Elk River City Council Minutes May 7, 1990 Page 2 e COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-10, AN ORDINANCE REGULATING THE SPEED AND DIRECTION OF WATERCRAFT ON ORONO LAKE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. Mayor Tralle noted that the slow-no wake requirement through the channel area remains in the ordinance because of the recommendation of the Sherburne County Water Patrol Division and this is anticipated to be a requirement of the DNR. 5.1 Lake Orono Siltin~/Dred~in~ Uodate Terry Maurer, City. Engineer, stated that he and Phil Hals, Street Superintendent, had met with Jim Gansky, a dredging consultant. He stated that they toured the area surrounding Lake Orono looking for potential deposit locations for the dredging operation. Mr. Maurer stated that Mr. Gansky felt there were several sites which would be sui table; however no consideration was given at this time to property ownership or availability of the property. Mr. Maurer indicated that in order to evaluate the need and cost of the operation, certain information must be obtained. He stated that he and the City staff could obtain most of the information needed to calculate the scope and cost of the project. e Discussion was held regarding the land needed to deposit the silt. Terry Maurer stated that once the silt is deposited on the land, the land would be good only for agricultural purposes or parkland. Mayor Tralle stated that he felt it would be to the City's advantage to purchase the land. Mayor Tralle authorized staff to gather the information necessary for Mr. Gansky to determine the cost and scope of the project. The City Administrator stated his concerns regarding the cost of the project. He questioned whether there would be any other governmental agencies who could help with the project. Mayor Tralle stated that he has researched the possibility of receiving help and found that there would be no help available from any other governmental agency. He also stated that it may be possible for the City to receive some type of grant for this project. It was the consensus of the Council that the Street Superintendent work with the City Engineer to do th necessary preliminary work to calculate the cost of the dredging peration as outlined in the City Engineer's 4/27/90 memo. 5.2 Sidewalk Policy e The City Administrator stated that s aff has discussed the need for a city-wide sidewalk policy. Terry Mau er, City Engineer, stated that he has drafted a oi ty sidewalk policy hich consists of pathways versus sidewalks, design standards, and ass ssments for both new and replaced sidewalks. Terry Maurer explained th difference between a pathway and sidewalk; a pathway would be a orridor which moves traffic to establishments in the City and th City would be responsible for maintaining pathways; sidewalks woul be located in neighborhoods and it would be the responsibility of th abutting property owner to care Elk River City Council Minutes May 7, 1990 Page 3 e for the sidewalks. This proposal is outlined in the City Engineer's 4/4/90 memo. The City Administrator indicated that staff has concurred with the recommendation of the City Engineer that the cost of the sidewalks be split 50150 with the City and the property owner. He indicated that according to the Engineer's estimation, at an estimate of $10 per running foot, the cost to the individual property owners would be $5 per running foot for the replacement of a sidewalk or pathway. The Council also discussed the recommended 1990 improvements from staff and the City Engineer. The improvements consist of establishing 4th Street as a pathway corridor and replacing this existing pathway; removing all residential sidewalks unless the property owners petition for the project and agree to the assessments, and patch the existing sidewalks on King and Lowell. Councilmember Holmgren arrived at this time (6:45 p.m.) e After further discussion by the Council regarding the sidewalk policy, it was the consensus that an informational meeting be held for property owners that abut sidewalks and the 4th Street pathway within the old village area. Councilmember Schuldt stated that this would allow the property owners to become aware of the City's new sidewalk policy and to decide whether or not a residential sidewalk should be reconstructed at the approved assessment rate. It was agreed that the residential sidewalks would cost the property owner $5 per running foot for reconstruction and the pathway would cost the property owner $4 per running foot for reconstruction. The City would pay the remaining costs. The different costs were based on a pathway property owner having no choice and a residential property owner being able to decide if the sidewalk should be replaced. All new construction would be 100% assessed with no City financial participation. COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE CITY'S SIDEWALK POLICY AS OUTLINED BY THE CITY ENGINEER WITH AN ASSESSMENT RATE OF $4 PER LINEAL FOOT ON PATHWAYS AND $5 PER LINEAL FOOT ON SIDEWALKS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. It was the consensus of the Council to authorize staff to proceed with setting up an informational meeting regarding sidewalks. 5.3 Consider School Street Sidewalk Feasibility e The City Administrator indicated that the City Council had discussed the sidewalks along School Street at a Capital Improvement Worksession. He indicated that at the 3/28/90 Capital Improvement Worksession, staff was instructed to proceed with the feasibility study for a sidewalk on the south side of School Street between Gates Avenue and Proctor Avenue. The City Engineer indicated that he had prepared a resolution ordering a preliminary feasibility report in the matter of the School Street sidewalk improvement. Elk River City Council Minutes May 7, 1990 Page 4 e COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 90-19, A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SCHOOL STREET SIDEWALK IMPROVEMENT OF 1990. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. Mayor Tralle stated that he did not feel it would be necessary to construct a sidewalk on the south side of School Street from Proctor Avenue to Gates Avenue because there is an existing eight foot sidewalk on the north side of the street which is adequate. He further indicated that there are properties along the south side of School Street with small yards and the installation of a sidewalk would make their yards smaller. Councilmember Kropuenske stated that the City does not have the money to spend to cover part of the cost for the sidewalk along the south side of School Street and further indicated that he agreed with Mayor Tralle in that the eight foot sidewalk on the north side of School Street was sufficient. He further indicated that there is some beautiful landscaping that would be destroyed if the sidewalks were put in and further that the churches in the area would object to the assessments. THE MOTION FAILED 1-3. Mayor Tralle, Councilmember Holmgren and Councilmember Kropuenske voted against the motion. ~ 5.4 School Street/County Road 1 Intersection Uodate Terry Maurer stated that the City Council had previously authorized a feasibility study for improving the transportation pattern at School Street and County Road 1. He indicated that the feasibility study called for a review of developing turn lanes at this intersection based mainly on the need of school buses that travel this area. Mr. Maurer indicated that he felt by relocating the power pole and enlarging the radius, the buses would be able to turn without any problem at that intersection. He indicated that he felt Proctor Avenue should be looked at for long term needs and further felt that four lane on Proctor was necessary all the way to the Y north of this intersection. Discussion was held by the Council regarding the fact that Proctor is a County Road and whose responsibility it would be to upgrade Proctor Avenue. Mr. Maurer indicated that it would be a County responsibility to upgrade the road. He stated that by the Council authorizing feasibility study it would show the City's support for the project. He would then bring the feasibility study to the County and ask them to put it on their Capital Improvement Program. It was the consensus of the City Council to authorize the City Engineer to expand the existing feasibility study to include sidewalks along Proctor Avenue. All material will be presented to the City Council prior to being presented to the County. e e - e Elk River City Council Minutes May 7, 1990 Page 5 5.5 Discussion of Traffic Report at Gates Avenue and 3rd Street Intersection The City Engineer indicated that Council had requested that he have the intersection of 3rd Street and Gates Avenue evaluated to determine if a four way stop sign was warranted. The City Engineer reviewed with the Council his 4/19/90 memo on this issue. Mr. Maurer indicated that based on the traffic volume counts taken at the intersection, a four way stop sign is not warranted. Councilmember Holmgren indicated that speed was the problem at Gates Avenue and that it would be a good place for police enforcement. 5.6 Tyler Street Update Terry Maurer stated that the grading work has been completed on Tyler Street, the trees have been planted and seeding will take place shortly. He stated that around the first of June the final lift of blacktop would be laid. 5.7 Other Terry Maurer indicated that the Council had previously adopted a MnDOT Agency Agreement; however, standard practice for this agreement calls for a resolution. He requested Council to approve a resolution which approves the MnDOT Agency Agreement. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-19, A RESOLUTION APPROVING THE MNDOT AGENCY AGREEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Open Mike No one appeared for this item. 7.1 Personnel Ordinance Final Adoption Shannon McCambridge, City Personnel Consultant, reviewed with the Council the revised personnel ordinance. Councilmember Schuldt questioned the difference in time for the orientation period between the clerical and other staff. Councilmember Kropuenske stated that he fel t six months orientation period would be excessive for a clerical position. Councilmember Schuldt stated that it is easier to determine working relationships and attitudes after a longer period of time. It was the consensus of the Council that no change be made. Councilmember Holmgren stated that the City's old personnel ordinance gave the City Administrator authority with Council approval. He indicated that according to the new ordinance, the City Administrator is given authority in many situations without Council approval. Councilmember Dobel arrived at this time (7:50 p.m.). Elk River City Council Minutes May 7, 1990 Page 6 e Mayor Tralle indicated that he did not feel it was appropriate to have personnel issues to be brought to the City Council and he felt that the ordinance should remain as drafted. Counci lmember Schuldt questioned the portion of the ordinance which relates to smoking. He indicated that he would like the words tobacco free added to the ordinance. The City Administrator stated that according to the ordinance, the City would be following the clean air act and it also allows departments to have some flexibility. Councilmember Schuldt stated that he did not feel an employee should be able to use sick time to care for another member of the family. He also commented on the fact that bereavement leave for other family members was included in the ordinance. Councilmember Schuldt questioned the portion of the ordinance relating to performance pay raises. He stated that the City does not have performance pay raises at this time. The City Administrator stated that this will be an issue before the Council in the future. Councilmember Holmgren reviewed the vacation schedule. He stated that he felt that the vacation schedule should be more liberal, especially for those employees who have been with the City for over 20 years. e COUNCILMEMBER KROPUENSKE MOVED TO ACCEPT THE PERSONNEL ORDINANCE AS DRAFTED. COUNCILMEMBER DOBEL SECONDED THE MOTION. Councilmember Holmgren stated that he felt a cash benefit for accumulation of sick time should only be given at retirement. THE MOTION CARRIED 5-0. 7.2 Update on City Personnel Work Plan Shannon McCambridge indicated to the Council that after the completion of the personnel ordinance she would be working on job descriptions. She reviewed with the Council a sample job description which she had drafted. Ms. McCambridge further stated that after the job descriptions have been completed and accepted, she will then be drafting personnel evaluation forms. After that step, incentive compensation issues will be discussed with the Council. The Council recessed at 8:45 p.m. and reconvened at 9:00 p.m. 8. 1989 Audit Review e Lori Johnson, Finance Director, stated that the City's comprehensive annual financial audit report for 1989 has been completed. She indicated that the report is in different form than previous years because the City is attempting to receive a Certificate of Achievement for Excellence in Financial Reporting by following certain guidelines in the audit preparation. Elk River City Council Minutes May 7, 1990 Page 7 e Gary Groen, City Auditor, from ,Abdo, Abdo & Eick, presented the audit to the Council. Mr. Groen indicated that the 1989 fund balance had increased $84,710 from the 1988 ending balance of $530,986 to $615,696. He indicated that the entire fund balance is needed in order for the City to meet its cash flow requirements for the first six months of each year until tax and local government aid revenues are received in July and December. He indicated that although the General Fund balance has increased steadily in the past five years, there is still a need to increase it in order to keep pace with the increasing operating budget. Mr. Groen indicated that the fund balance is designated for working capital. The City's Auditor reviewed with the Council each section of the audit report. In reviewing the computation of the City's legal debt limit, the Auditor indicated to the Council that the City is well below the debt limit limitation. He indicated that the City's total debt applicable to the debt limit is $929,780, and that the legal debt margin for the City is $5,255,692. The City Administrator thanked the Finance Director, the Auditor and the Council for the financial work and decisions made in 1989 which moved the City into a more positive overall financial position. COUNCILMEMBER KROPUENSKE MOVED TO ACCEPT THE 1989 AUDIT AS PRESENTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 9. Check Rellister COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10.1 Consider Temoorary 3.2 Liquor License for Chamber The City Clerk indicated that the Chamber of Commerce has applied for a temporary 3.2 On Sale Non-Intoxicating Malt Liquor License for their Fourth of July Celebration. COUNCILMEMBER DOBEL MOVED TO APPROVE A TEMPORARY ON SALE MALT LIQUOR LICENSE FOR THE CHAMBER OF COMMERCE FOURTH OF JULY CELEBRATION ON JULY 3rd and 4th. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10.2 Silln Ordinance Councilmember Kropuenske requested that the Planning Commission research the signs that have been left remaining on defunct buildings. Councilmember Schuldt indicated that he had received a call from the property owner on 4th Street behind the Handke Pit. He indicated that the site of the warming house is partially located on private property and indicated that the owner of the property has informed him that he would not grant an easement for the enlargement of the warming house. e e e . Elk River City Council Minutes May 7. 1990 Page 8 11. City Administrator Uodate The City Administrator indicated that the Street Superintendent has requested to purchase a used 1982 Chevrolet six passenger one ton truck. He indicated that $5.000 has been budgeted for the purchase of a vehicle in the 1990 budget. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PURCHASE OF THE 1982 CHEVROLET SIX PASSENGER ONE TON TRUCK AT A SUM OF $4.300. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator indicated that he had received a request from the police department for a non-budgeted expenditure of radios and transmitters. He indicated that the cost would be $1200. The Council discussed the matter and after discussion it was the consensus that considering the revenue cuts from the State. authorization be given to purchase the transmitters provided that the $1200 for the transmitters be cut some other way from the existing 1990 Police budget. 12. Adjournment There being no further business. COUNCILMEMBER MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:05 p.m. Respectfully submitted, (""'I . ,; -('l /', , ;) U/)'lOL,Cj I it UvC/tc.:u1 aL~J' .. ~ (. ~> Sandy Thackeray City Clerk