Loading...
07-08-1985 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, JULY 8, 1985 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Gunkel and Williams Members Absent: None Also Present: City Administrator, Tom Bublitz; Street Superintendent, Phil Hals; Terry Maurer, the City's Consulting Engineer; Waste Water Tr4~t~nt Superintendent, Darrell Mack; and Building and Zoning Administrator, Rick Breezee 1. The meeting was called to order by Mayor Hinkle at 7:30 p.m. 2. Agenda COUNCILMEMBER GUNKEL MOVED TO APPROVE THE AGENDA OF THE JULY 8, 1985 CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. Councilmember Engstrom arrived at 7:32 p.m. 3. Staff Report on Evans Avenue and Second Street, Sanitary Sewer Project Mr. Phil Hals reviewed his memorandum to the City Council regarding Evans Avenue and 2nd Street Sanitary Sewer project. He noted that approximately 175 square yards of Evans Street pavement was disturbed when a sewer line was installed in November of 1984. He explained the person initiating the project has moved from the City and another party is now responsible for the property and the bill for patching the street. He stated that the existing street is presently very se- verely cracked. Mr. Hals then requested direction from the Council regarding the Council's recommendations for the extent of repairing the street and whether or not the street should be entirely repaved. He noted that presently, the street is quite narrow and has drainage problems. He indicated that, if the street is paved the improvement would run from the cemetery to 2nd Street and the project would consist of removing the existing street, lowering the grade in front of Mr. Dawson's house which now drains into the Dawson's yard. He explained the project would direct the water into the City storm sewer system. Councilmember Williams arrived at 7:36 p.m. Councilmember Schuldt inquired as to the number of properties on 2nd Street to Railroad Drive. Mr. Hals stated that there were three properties on each side. Mayor Hinkle noted an error in addition in the last paragraphof Mr. Hals memor- andum. He explained the $3,505 amount should be changed to $4,500. Mayor Hinkle recongnized Mrs. Dawson who commented that as a result of the project her driveway needs to be replaced and her yard needs to be fixed up. Mayor Hinkle inquired wheter there were adequate funds in the budget to do any- thing with the roadway. Mr. Hals commented that there are funds allocated for street overlay in the City's 1985 budget. Mr. Terry Maurer, the City's Consulting Engineer, commented that, regrading of the Council Minutes July 8, 1985 Page Two ~ road and installation of curb could be considered an improvement of the drain- age area. CounciJmember Gunkel stated that she believed the drainage was to be addressed when the water main was installed. Councilmember Schuldt commented that he believed the City's policy was an 80 - 20 split on overlays along with a weighted acres assessment on the remainder of the project which would reduce further the $4,505 as outlined in Mr. Hals memorandum. Mayor Hinkle commented that he believed the entire street should be done since it was in such poor condition. Mr. Hals commented that the street was in a bad state of repair even before the Markham project and the proposal to widen the street to 24 feet would meet City standards. Mr. Maurer then reviewed the weighted acres approach to assessments and noted that a higher zoning of the property means more assessment that residential property. He added he would recommend that if the project were to occur, the street and drainage assessment be considered as one unit. The Council continued their discussion of the proposed project and assessments. Councilmember Gunkel inquired whether it would be possible to simply repair the disturbed area. Mr. Hals commented that this could be done but the end result would still not produce a very good street, given the narrow widths which would not handle traffic adequately if the property was developed. He emphasized that the street could never handle great amounts of increased traffic. Mayor Hinkle suggested that perhaps the street could be restored to its former state and that the issue of widening and improving the street could be again considered when development occurs. Councilmember Gunkel inquired whether a curb could be put in to improve the drain- age of the area. Mr. Hals commented that bituminous curb on such a narrow street would present problems and that the drainage problem could be addressed by a drainage swale in front of the Dawson's house. He added that the cost of restora- tion would be borne by the owners who bought it from Mr. Markham, including the restoration of the Dawson's property. COUNCILMEMBER ENGSTROM MOVED TO DIRECT THE CITY STAFF TO CONTACT THE OWNER OF THE MARKHAM PROPERTY WITH REGARD TO RESTORING THE DAWSON'S PROPERTY INCLUDING THE CONSTRUCTION OF A DRAINAGE SWALE TO ALLEVIATE DRAINAGE, RESTORATION OF THE YARD, DRIVEWAY, SODDING, FILLING IN THE HOLE IN THE PROPERTY LEFT BY REMOVAL OF A TREE, AND THAT THE ENTIRE RESTORATION BE ACCOMPLISHED WITHIN SIXTY DAYS FROM NOTIFICA- TION BY THE CITY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 4. Consideration of Feasibility Study for Bituminous Overlay for Ridgewood Additions One, Two and Three. . Mr. Terry Maurer, the City's Consulting Engineer, briefly reviewed the overlay project proposed for Ridgewood Estates Addition One, Two and Three and noted that the overhead in the project could be reduced since no staking would be required and minimal plans would be necessary. He also noted that the minor patching work necessary for the project could be done by City crews. He then proceeded to re- view the areas to be assessed in the project. l Council Minutes July 8, 1985 Page Three ---, 5. Preliminary Report on School Street Sewer Project Mr. Terry Maurer reviewed the proposed improvements for the School Street Sanitary Sewer project and noted that the City's Capital Improvements program listed four projects proposed to correct problem areas which could be directly affected by any sanitary sewer extentions along School Street. He reviewed the four proposed projects which included constructing a bypass line near Seymore Avenue and 5th Street to eliminate backup; replacing the 12 inch sanitary sewer along the river bank which cannot be maintained properly, and replacing the san- itary sewer line which runs through the alley between Jackson Avenue and Irving Avenue from School Street to 5th Street. He then noted another problem area in the existing sewer system not addressed in the Capital Improvements Program, that being the sewer line which runs across the proposed health club site which has a low spot in it. With regard to the sewer line running down the alley para- lleling Jackson, Mr. Maurer commented that the line would be difficult to repair due to its location. He noted that the replacement is called for in the City's Capital Improvements Program. He stated the 1984 Capital Improvements Program proposed a project between 5th and 4th Streets and in 1987, phase 2 of the pro- ject was to be extended to School Street. Mr. Maurer then reviewed the proposed financing for the project which includ- ed three basic areas, including how to assess properties not currently served by sewer, how to determine the amount the health club would pay since the pro- ject does benefit this property, and also the portion the City would pay toward the project. He noted the estimated cost of the total project was $71,600 and that easements would also be needed on the project but they would be obtained from people desiring the project. The City Administrator and Mr. Maurer then discussed setting the assesments on the project prior to ordering the project which would mean making the assess- ments known to the property owners up front. Mayor Hinkle inquired as to where the City's share would come from. Council then discussed assessing the property .atIOO%and proposing the costs to the major property owners in the project area. The Council then discussed assess- ments based on a weighted acres basis and directed the staff to work out a proposal for assessing the proposed health club. 6. Consideration of Selection of Color for Water Tower The City Council reviewed color charts for the painting of the new water tower and there was a general consensus amoung Councilmembers to select the color of ivory for the tower color and the color of chipmunk for the letters. 7. Review of City Facilities Referendum with Department Heads . The City Administrator began the discussion with the suggestion that the City must now assess where they are with regard to why people voted no on the referendum. He pointed out that there are several options to review this including using a citizens committee and the possiblity of using a professional consultant to evaluate what went wrong with the referendum. He noted that the information he had received from talking to other City managers and other experts in the area on referendums was that if the City goes back too soon with a referendum, another Council Minutes July 8, 1985 Page Four ., defeat would be assureJ~ Also, he pointed out the possibility that if the issue were split with one referendum for the public works garage and one for the City Hall , it would almost assure that one of the referendums would fail. He con- tinued to review additional information including assessing the existing facility with regard to handicap access, OSHA safety requirements and space needs, rental space, and appraisal of the existing City Hall property, a structural analysis of City Hall and some in-house remodeling of the existing City Hall facility. Councilmember Gunkel stated that she does not believe the City would need to go to a consultant and commented that people may have perceived the need but did not accept the package as offered. Mayor Hinkle commented he believed that the cost of the facilities as proposed was a factor. The Council continued its discussion of the bond referendum which included staff comments regarding the involvement of Boarman Architects and they question- ed the approach that Mr. Jack Boarman took with regard to the Citizen's Advisory Committee and also staff involvement with the project. Mr. Rick Breezee, the City's Building and Zoning Administrator, then reviewed the possibility of the City using the Assembly of God Facility for a City Hall. He noted that the facility owned by the Assembly of God Church has recently become available due to the fact that the church is expanding and building a new church. Councilmember works garage. cost for such Schuldt inquired as to the cost of a metal building Mr. Phil Hals, Street Superintendent, replied that a building would be between $217,000 - $220,000. for the public the estimated Councilmember Gunkel suggested staff to develop any floor plan needs for the Oity Hall. . Mr. Breezee stated that the existing City Hall site could be sold and pointed out that several people have indicated that it is an excellent location for a number of businesses. He noted that the church would be willing to move if some- one wanted the facility right away. Councilmember Schuldt inquired as to the demolition cost for the City Hall. Mr. Hals replied that he believed the cost to be approximately $50,000. Councilmember Schuldt suggested that one possibility for the facility would be to rent space for an interim period for the City Hall facility, construct the public works garage, demolish the City Hall site and build a new building on the old site. Councilmember Williams proposed three possible options including building a new garage, and constructing a new City Hall on the old site, building a new public works garage and investigating the possiblility of purchasing the County Admin- istration building, and also building a new public works garage and looking at the option of the Assembly of God facility. The Council directed the staff to explore various options for City facilities and return back to the Council with additional information. Council Minutes July 8, 1985 Page Five lOA. Report on Status of Cease and Desist Orders on Various Junk Yard Sites for Unlawful use of Property. Mr. Rick Breezee reported to the Council on various junk yard sites in the City and noted that Mr. Piwowar, owner of one of the sites, has plans for a new structure on the site, but yet does not know if he will follow through on these plans. Also, he poirltedoutthatMr.Piwnwar has requested that the wood debris from his original home be left for fuel for his wood burning stove but that this is nmt acceptable to the City. He noted that the deadline was June 30, 1985 for Mr. piwowar to completely clean up his property. He also noted that the Charest property had a June 30th deadline and that Mrs. Charest had been in touch with him regarding the moving of the trailers from the property, but at this point nothing has been done. He noted that Mr. Coyle, of Larkin, Hoffman, will begin processing the Charest site. Mr~ Breezeenoted Mr. Coyle indicated that if the City would take action they should advertise for bids for the clean up of the Piwowar property. Mayor Hinkle stated that he believed the City should hire the clean up done and assess the property. There was general agreement amoung the Council to this process. With regard to the Omitt property, Mr. Breezee noted that they complied and that the lean-to has been removed and the animals removed from the front yard of the property. As a final note Mr. Breezee pointed out that the John property at Naples and 182nd had also been cited for cleanup but at this point nothing had been done on the property. 8. Staff Report on Fair Labor Standards Act. The City Administrator pointed out thaton February 19, 1985, the US Supreme Court in the Garcia vs. San Antonio Municipal Transit Authority Case ruled that the Fair Labor Standards Act now applies to state and local government. He pointed out that the Fair Labor Standards Act is the Federal Governments basic minimum wage and maximum hour legislation. And that the basic overtime con- cept for nonexempt empl()yeesis. that overtime for work performed 'in excess ;of 40 hours per week should be paid in cash rather that comp time and that the basic pay concept is paid for hours worked. Essentially, he pointed out comp time cannot be given in lieu of overtime and the requirements of the Fair Labor Standards Act cannot be waived by an employee, the union or a collective bar- gaining agreement. He pointed out the Fair Labor Standards Act does not ban comp time per se, but simply requires payment of any overtime hours worked in cash. The City Administrator recommended that under the requirements of the FLSA the City should establish the following provisions for employees: 1. Establish a work schedule for each nonexempt employee to determine overtime liabili ty for the City. . 2. Calculate an hourly rate for all nonexempt employees. 3. Establish a policy of paying for overtime hours worked. l ~ Council Minutes July 8, 1985 page Six 4. Allow employees to use any comp time banked and earned prior to April 15, 1985. 5. Review the Police Department existing schedule with regard to compliance to the FLSA. The Council briefly discussed the City Administrator's recommendations and it was the general consesus amoung Councilmembers that since the FLSA now extends to local governments, that the City should comply with the recommendations as indicated by the City Administrator. 9. Consideration of Finance Officer and Accounting Clerk Positions. The City Administrator noted that in the Council's packets this evening were job descriptions for the FinanceOfficer and Accounting Clerk positions and also a recommended pay range for the Finance Officer position. He briefly reviewed the FinanceOfficer position and noted the new position was an attempt to split away some of the duties associated with the City Clerk/ Treasurer position and to make the Finance Officer position more completely involved with the financial administration of the City as opposed to handling other duties such as elections. He explained the Finance Officer position would replace the Clerk/Treasurer position. Also, he pointed out, in conjunc- tion with the Finance Officer position he was recommending the creation of a full time Accounting Clerk position. Currently, he stated the position is a part time Bookkeeper position and is currently occupied by Ms. Joan Geroy. He recommended the appointment of Ms. Geroy to the full time position of Accounting Clerk at a starting wage rate of $8.08 per hour. The Council discussed the two positions and reviewed the salary survey information and job descriptions for the positions. " COUNCILMEMBER GUNKEL MOVED TO APPROVE THE SALARY RANGE OF $26,000 TO $29,000 PER YEAR FOR THE FINANCE OFFICER POSITION AND DIRECTED THE CITY ADMINISTRATOR TO BEGIN RECRUITING FOR THE POSITION. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER WILLIAMS MOVED TO APPOINT JOAN GEROY TO THE POSITION OF ACCOUNTING CLERK AT A STARTING WAGE RATE OF $8.08 PER HOUR. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4 -0. 11. Check Register COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE CHECK REGISTER AS SUBMITTED. COUNCILMEMBER SCHULDT SECONDED. THE MOTION. THE MOTION PASSED 4-0. 12. Adjournment COUNCILMEMBER ENGSTROM MOVED TO ADJOURN THE MEETING. COUNCILMEMBER WILLIAMS SECONDED THE MOmION. THE MOTION PASSED 4-0. The Elk River City Council adjourned at 11:20 p.m. Respectfully submitted, ~~~. Thomas R. Bublitz City Administrator