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05-01-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 1,2006 Members Present: Mayor Klinzing, CounciImembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, City Attorney Peter Beck, City Engineer Terry Maurer, Community Development Director Scott Clark, Director of Economic Development Catherine Mehelich, Fire Chief Bruce West, Parks and Recreation Director Bill Maertz, City Clerk Joan Schmidt, Street Superintendent Phil Hals, Assistant Director of Economic Development Heidi Steinmetz, Police Chief Jeffrey Beahen, and Recording Secretary Jessica Miller 1. 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 Mayor Klinzing. 2. Consider 05/01/2006 Agenda CounciImember Motin requested that item 3.8. Lake Orono Beach Closure Policy be removed from the Consent Agenda for discussion at the May 8 worksession. CounciImember Gumphrey requested that item 3.12. be discussed after Open Mike. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.3. APRIL 17,2006 CITY COUNCIL MINUTES CHECK REGISTER TNT FIREWORKS REQUEST FOR FIREWORKS SALES FROM TENT IN WALMART PARKING LOT A. GENERAL PLANNING PERMIT, CASE NO. GP 06-06 B. TEMPORARY SALES/STORAGE OF FIREWORKS LICENSE FURNITURE & THINGS REQUEST FOR GENERAL PLANNING PERMIT FOR TENT SALES, CASE NO. GP 06-05 CYCLE WORKS OF ELK RIVER REQUEST FOR A GENERAL PLANNING PERMIT TO ALLOW BAND ON SITE, CASE NO. GP 06-07 RESOLUTION 06-50 ACKNOWLEDGING CONTRIBUTIONS FROM THE BANK OF ELK RIVER TO THE ELK RIVER POLICE DEPARTMENT 3.4. 3.5. 3.6. City Council Minutes May 1, 2006 Page 2 3.7. AUTHORIZATION TO HIRE ANDREW BENTZEN AS PARK MAINTENANCE WORKER 3.9. MUNICIPAL STATE AID (MSA) SYSTEM ADJUSTMENTS A. RESOLUTION 06-51 REVOKING MSA STREETS B. RESOLUTION 06-52 ESTABLISHING MSA STREETS 3.10. AUTHORIZATION TO HIRE JACOB PACE FOR THE ASSISTANT CABLE PRODUCER POSITION 3.11. RESOLUTION 06-53 DESIGNATING POLLING PLACES FOR 2006 ELECTIONS . MOTION CARRIED 5-0. 4. Open Mike Noone appeared for Open Mike. 3.12. Authorization to Purchase Snow Plow Equipment and Truck Bodies Councilmember Gumphrey indicated that the bids received were comparable and questioned if Aspen Equipment was given an opportunity to bid on the light package. Street Superintendent Phil Hals stated that they had not because the light system that he would like to order is exclusive to J -Craft. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO AUTHORIZE THE PURCHASE OF THE SNOW PLOW EQUIPMENT AND DUMP BODIES FOR TWO TRUCKS FROM J-CRAFT, INC. FOR A TOTAL COST OF $151,500. MOTION CARRIED 5-0. . 5.1. Consider Licenses for Rock Woods Elk River Country Club Grill. Continued Public Hearing City Clerk Joan Schmidt presented the request by Tier One LLC dba Rock Woods Elk River Country Club Grill for on-sale liquor and Sunday liquor licenses. Ms. Schmidt noted that representatives of the applicant are in attendance should the Council have questions. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE LIQUOR LICENSE APPLICATION OF TIER ONE LLC dba ROCK WOODS ELK RIVER COUNTRY CLUB GRILL, 20015 ELK LAKE ROAD, FOR ON-SALE LIQUOR AND SUNDAY LIQUOR LICENSES EFFECTIVE UNTIL JUNE 30, 2006, AFTER APPROVAL BY THE PUBLIC SAFETY LIQUOR CONTROL' DIVISION. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO RENEW THE ON-SALE LIQUOR AND SUNDAY LIQUOR LICENSES FOR ROCK WOODS ELK RIVER COUNTRY CLUB FROM JULY 1,2006 THROUGH JUNE 30, 2007 CONTINGENT UPON RECEIVING CERTIFICATE OF INSURANCE FOR THIS LICENSING PERIOD. MOTION CARRIED 5-0. . City Council Minutes May 1, 2006 Page 3 . 5.2. Temporary Changes to Downtown Traffic Flow Plan Community Development Director Scott Clark indicated that staff met this afternoon with representatives from Vanman Architects and Builders, Flannery Construction, CSS Builders, and MetroPlains to discuss temporary changes to the downtown traffic flow plan. Mr. Clark explained that when the original traffic flow plan was approved in July 2005, it included the Jackson and Bluff projects but since that time, The Bank of Elk River project and the city's Rivers Edge Park project have also been included. He stated that The Bank of Elk River's contractor is requesting traffic on Main Street be rerouted for a period of up to three months so retaining wall work and other improvements on the front side of the bank can be made which will require equipment to be located along a portion of Main Street between Jackson Avenue and Highway 10. Mr. Clark also stated that extensive utility work on Main Street (which is driven by MetroPlains) will also create the necessity for traffic to be rerouted for three to four weeks in the fall. . Mr. Clark indicated that an additional factor in this consideration is the necessity of MetroPlains to start construction on Jackson Place immediately following the transfer of Jackson Square. He stated that MetroPlains has completed all the necessary steps in the Development Agreement to accomplish the transfer of Jackson Square and it is of their opinion that construction will commence around June 15,2006. He explained that the original traffic flow plan approved by the Council in July 2005 included J ackson Avenue becoming a one-way south to allow MetroPlains to have their construction fence extend 30- feet into Jackson Avenue. Mr. Clark indicated that staff has discussed with MetroPlains the . feasibility of having their construction limits extending only to the curb line until the re- opening of Main Street but MetroPlains is of the opinion that this physically will not work and that they plan on abiding by the original traffic flow plan. Mr. Clark explained staff has had numerous meetings with all affected departments and has been in constant contact with the Rivers Edge Downtown Business Association's members to explain the situation and the preliminary recommendations. He stated that the city's main concerns are for public safety and to keep the downtown businesses viable during construction. Mr. Clark presented the two options to the Council as outlined in his staff report. Mr. Clark explained that staff is recommending option two which includes traffic to be diverted around Main Street between Jackson Avenue and Parrish Avenue for a period of up to three months beginning May 8 and with through traffic resuming sometime in early August. He stated that during the time that Main Street is rerouted and Jackson becomes a one-way, the city has the option to convert the parking on Main Street from Jackson Avenue to King Avenue from diagonal and parallel to 90 degree, head-in parking which would almost double the amount of parking. Mr. Clark reviewed the Downtown Business MarketingPlan the purpose of which is to provide a structure and organization for downtown business marketing efforts with target audiences throughout various construction projects happening in downtown Elk River, which are projected to last from Spring 2006 through Fall 2007. Mayor Klinzing thanked the Housing and Redevelopment Authority, city staff, and downtown businesses for taking the time to develop a plan. She stated that parking is the most important issue and no one wants the construction to negatively impact the downtown businesses. . Councilmember Dietz explained that he has an issue with the closure of Main Street and a lane of Jackson Avenue at the same time. He stated that MetroPlains had their construction City Council Minutes May 1, 2006 Page 4 fence up on Main Street three months before construction began on the Bluff Block causing traffic flow issues and so they should wait to begin construction on Jackson Place until after Main Street is reopened. . Vern Hanson, MetroPlains - indicated that MetroPlains plans on constructing the Bluff and Jackson blocks simultaneously and he asks that the city abide by the original plans that were approved as part of past Council actions. He stated that it is very important to begin construction on Jackson Place as soon as possible so the work can be completed as scheduled. Councilmember Farber concurred with Councilmember Dietz. He stated that city ordinance allows the building official to make exceptions in emergency situations that would allow construction to take place around the clock. He questioned if this is an option. Mr. Hanson indicated that it was not because it may be difficult for contractors and suppliers to meet the extended hours. Jack Holmes, Vanman Architects and Builders - concurred with Mr. Hanson. He stated that one of the main reasons for their request to reroute Main Street is so supply deliveries can be received and it is unreasonable to expect contractors to work and for deliveries to be made around the clock. Councilmember Motin questioned if Jackson will be kept a two-way until construction begins on Jackson Place. City Engineer Terry Maurer indicated that MetroPlains is estimating that the transfer of Jackson Square will take place June 1 and construction will begin on June 15. He stated that Jackson Avenue will remain as a two-way up until the construction of Jackson Place begins. Mr. Clark stated that staff will work with MetroPlains on details of the Jackson lane closure. . Councilmember Dietz questioned if parking could be eliminated on J ackson Avenue so it could be kept a two-way street. Mr. Maurer stated that eliminating the parking to keep it open as a two-way was discussed but that there is no viable way to make it work as it would not line up geometrically at the Highway 10 intersection. Councilmember Dietz questioned why The Bank of Elk River's Main Street access to their parking lot will remain open. Mr. Clark indicated that the bank's access does not interfere with the construction and that staff felt it was important to accommodate the bank so their lobby can remain open during their construction. Mr. Maurer added that customers coming from Parrish Avenue would not be able to access the bank unless they did a u-turn on Highway 10. He noted that the bank may experience cut-through traffic that may cause the access to be closed if it becomes a problem. Councilmember Gumphrey questioned how the contractors plan to expedite the construction projects. He stated that he has 28 years in the construction industry and he knows that it is not unreasonable to expect contractors to work and receive deliveries around the clock. Adam Holmes, Vanman Architects and Builders - indicated that the problem with asking contractors to work extended hours is that the contracts with the sub-contractors have already been written and if they are rewritten, some of the subcontractors may be unable to complete the job which would ultimately delay the project. He stated that he is always looking for ways to speed up a project and the closure of Main Street will expedite . . . . City Council Minutes May 1, 2006 Page 5 his project substantially. Mr. Holmes noted that the bank's work should be completed in 60 days but they asked for Main Street to be closed for 90 days to allow for contingencies. Councilmember Motin questioned if Vanman completes their work in 60 days if the projects would go back to their current construction fencing and have Main Street reopened for through traffic. Mr. Clark indicated that yes, Main Street would be reopened but would need to be closed again for a couple of weeks in the fall for some utility work. Councilmember Dietz questioned if signage would start as far back as CR 42 and Highway 101. Mr. Maurer indicated that signs would be placed on highways in neighboring communities leading to Elk River and on east Main and west Main indicating that Main Street is detoured. He stated that there would also be signs directing people to downtown businesses where appropriate. Councilmember Farber expressed his disappointment that none of the contractors are willing to make concessions on their projects and he hopes city staff and the Council have learned from this issue. Councilmember Gumphrey concurred. Paul Lyver, CSS Builders - stated that the Bluff project could be built within the current construction fencing but that it will be safer and easier with the Main Street closure. Mr. Lyver indicated that with the current fencing the traffic on Main Street is only marginally safe and with The Bank of Elk River project added, it will get worse. He stated that he believes the best thing the contractors can do to not disrupt the downtown businesses is to remain within the construction compound that will be created by the Main Street closure. Councilmember Gumphrey indicated that he would like to see a drop-dead date that the road must be reopened for through traffic. Mayor Klinzing explained that Main Street will not be closed but rather traffic will be diverted around Main Street. She also indicated that there has been word going around that The Bank of Elk River caused this traffic issue but that is not true and that the batik is an important business in Elk River and the city is trying to accommodate their needs as well as the other construction needs. Mr. Maurer noted that according to MnDOT standards, the signs placed on highways will need to indicate Main Street is closed. MOVED BY COUNCILMEMBER MOTIN AS SECONDED BY COUNCILMEMBER DIETZ TO AUTHORIZE A PORTION OF MAIN STREET FROM JACKSON AVENUE TO HIGHWAY 10 TO BE TEMPORARILY REROUTED FOR CONSTRUCTION PURPOSES FOR A PERIOD OF UP TO THREE MONTHS BEGINNING MAY 8,2006 AND ENDING NO LATER THAN AUGUST 11, 2006 AS OUTLINED IN OPTION 2 AS PRESENTED. MOTION CARRIED 5-0. 6.1. Request by Jason Huber for Preliminary Plat Approval (Carverwood Hills). Case No. P 06-01 Community Development Director Scott Clark indicated this issue was reviewed by the City Council at their April 17, 2006 meeting and that this item was continued due to concerns by some of the Councilmembers regarding the interpretation of Section 30-1581 referencing the 4 for 40 rule. He stated that City Attorney Peter Beck has submitted a written opinion City COWlcil :Minutes May 1, 2006 Page 6 on this subject stating that the extension of additional lots based on ten acre units is a correct interpretation of the Ordinance. . Councilmember Motin indicated that he would like to see the Ordinance revised to more clearly set forth the intent. Councilmember Gumphrey concurred and asked that this item be discussed at the June worksession. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE PRELIMINARY PLAT FOR CARVERWOOD HILLS, CASE NO. P 06-01 BASED ON THE FINDINGS OF SECTION 30-375 AND WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . 5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 9. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. . . . . City Council Minutes May 1, 2006 Page 7 12. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINA,GE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 13. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 14. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 15. ALL COMMENTS FROM THE SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT LETTER DATED 2/22/06 SHALL BE ADDRESSED 16. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL SHALL BE PAID FOR 4 LOTS PRIOR TO RELEASING THE PLAT FOR RECORDING. A 10 FOOT WIDE TRAIL EASEMENT BE GRANTED ALONG COUNTY ROAD 121. 17. A LANDSCAPE PLAN THAT INCLUDES 2 OVERSTORY TREES PER LOT AND 4 TREES PER CORNER LOT BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. THE RIGHT-OF-WAY FOR THE FUTURE CUL DE SAC AT COUNTY ROAD 121 SHOULD BE PLATTED. THE LOT LINES FOR LOTS 1 AND 5 SHOULD BE ADJUSTED SO THAT A 2.5 ACRE MINIMUM LOT SIZE IS MAINTAINED. MOTION CARRIED 5-0. 6.2. 2006 Overlay Improvement City Engineer Terry Maurer indicated that the feasibility report is complete for the 2006 street overlay improvement project which includes Deerfield 1st Addition, Deerfield 2nd Addition, Hidden Creek Country Estates Addition, North Meadows Addition, Ridgewood Additions, Sandpiper Estates 1st and 2nd Additions, and Schoolview Addition. Mr. Maurer stated that as in the past, this project will include the paving of one gravel road which will be 213th Avenue west of Jarvis Street. Mr. Maurer explained that as been the city's practice in the past, this project is proposed to be 100% assessed to the benefited properties and that the city's contribution to these projects is the Street Department's preparation of areas prior. to the overlay by patching and restoring areas that are badly deteriorated. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-54 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING FOR THE 2006 STREET OVERLAY IMPROVEMENT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-55 ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2006 STREET OVERLAY IMPROVEMENT. MOTION CARRIED 5-0. City Council Minutes May 1, 2006 Page 8 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-56 DETERMINING ASSESSED COST AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 2006 STREET OVERLAY IMPROVEMENT. MOTION CARRIED 5-0. . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-57 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE 2006 STREET OVERLAY IMPROVEMENT. MOTION CARRIED 5-0. 6.3. Naples/186th Avenue Utili~ & Street Improvements City Engmeer Terry Maurer indicated that late last year the City Council authorized the feasibility study which analyzes the extension of sanitary sewer and water together with permanent streets on Naples and 186th Avenue. Mr. Maurer stated that the feasibility study is now complete. He explained that as part of the feasibility study preparation, a neighborhood meeting was held and it is apparent from the meeting and from phone conversations with property owners in the area that the number of property owners in favor of the project and the number not in favor is the same as it was in 2002. Mr. Maurer noted that in 2002, the Council authorized an informational meeting and at that time opted not to proceed with the project. Mr. Maurer indicated that if the Council decides to proceed with the project, they should keep in mind that the conclusion of the feasibility study is that the total project cost of $413,000 cannot be assessed to the abutting properties. He stated that it is staffs opinion that 100 percent assessment of the project cost could not be sustained in the event of an assessment appeal; therefore, staff is recommending that an appraiser be retained to render a general opinion of what is the maximum assessable cost that could be levied against the properties prior to moving forward with a public hearing. He noted that staff is also recommending that the Planning Department make a determination of how many properties in the area could be further subdivided if sanitary sewer and water were available. . Mr. Maurer also indicated that if the Council decides to move forward with this project, four additional easements would have to be obtained. He stated that it appears that two of the easements may be difficult to obtain due to the fact that the property owners appear to not be in favor of the project. He stated additional costs would be incurred if the Council were required to use eminent domain to obtain these easements. City Attorney Peter Beck explained that the city may have acquired the rights to d10se easements by maintaining the road for over six years. Councilmember Dietz indicated that he would like to have someone come out and see if the properties could sustain the assessment. Councilmember Farber concurred. Mayor Klinzing stated that she is in favor of upgrading the road but not in favor of moving forward with the installation of sewer and water because 50% of the residents in the area are opposed to having sewer and water installed. Councilmember Motin indicated that he is also leaning towards not being in favor of moving forward with this project but that he would like to have an appraiser review the properties. . City Council Minutes May 1, 2006 . 6.4. 7.1. . . Page 9 MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO DIRECT STAFF TO RETAIN AN APPRAISER TO RENDER A GENERAL OPINION OF THE MAXIMUM ASSESSIBLE COST THAT COULD BE LEVIED AGAINST THE PROPERTIES INCLUDED IN THIS PROJECT AND REPORT BACK AT A FUTURE COUNCIL MEETING. MOTION CARRIED 5-0. Highland Road Reconstruction Improvement City Engineer Terry Maurer explained that the feasibility study for the Highland Road reconstruction improvement recommends that the project be authorized for bidding in May. Mr. Maurer stated that the bids would be opened May 25 and would be available for the City Council meeting on June 5 which would allow construction to begin shortly after the school year is over. He noted that as directed by the Council, the sewer and water improvements will be bid as an alternate. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-58 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE HIGHLAND ROAD RECONSTRUCTION IMPROVEMENT. MOTION CARRIED 5-0. Replacement of Fire Station 1 Overhead Doors Fire Chief Bruce West indicated that the addition at Fire Station #1 is nearing completion which will house two ambulances, offices, storage, and a day room. Chief West stated that as part of the construction process for the new addition, new overhead doors were installed and four overhead doors on the 1972 addition were replaced. He stated that there are three remaining overhead garage doors that were not part of this replacement and due to the age and condition of the remaining doors, he would like Council authorization to have them replaced. Chief West explained that he received quotes for the exact door and window style as the newly installed doors from St. Cloud Door Company and The Garage Door Store. He indicated that the difference between the quotes is $105.00 but noted that one of the quotes cannot guarantee that the color of the doors will match the recently installed doors. He indicated that he has spoken to City Administrator Lori J ohoson and the funding could come from the 2005 fund balance for capital outlay. Councilmember Dietz questioned why Chief West is recommending purchase of the doors from the higher priced company. Chief West explained that he spoke to the owner of The Garage Door Store and he said he cannot guarantee the color of the new doors will match the ones that were recently installed. He noted that St. Cloud Overhead Door Company was tlle company that installed the other doors for the addition and for ease of maintenance and warranty work, it would be best to deal with the same company. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE THE PURCHASE AND INSTALLATION OF THREE OVERHEAD GARAGE DOORS AT FIRE STATION #1 FROM ST. CLOUD OVERHEAD DOOR COMPANY IN THE AMOUNT OF $6,655. MOTION CARRIED 5-0. City Council Minutes May 1,2006 Page 10 7.2. Resolution 06-59 Awarding the Sale of the City's $437.000 General Obligation Equipment Certificate 2006B: Fixing its Form and Specifications: Directing its Execution and Delivery: and Providing for its Payment . City Administrator Lori Johnson stated that the 2006 budget includes expenditures for street and park equipment to be financed through equipment certificates and the tax levy for taxes payable in 2006 includes a levy of $120,000 for the first year's principal and interest on the equipment certificate. Ms. Johnson indicated that The Bank of Elk River is purchasing the certificate for a five-year term at an interest rate of 3.8 per annum. She noted that the purchases authorized with the equipment certificate proceeds uiclude three trucks and a mower. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-59 AWARDING THE SALE OF THE $437,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 2006B; FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING FOR ITS PAYMENT. MOTION CARRIED 5-0. 7.3. Property Value Discussion Councilmember Farber Councilmember Farber indicated that he wanted to provide an update on the Board of Appeal and Equalization meeting that was held April 24 at the Sherburne County Government Center. Mr. Farber explained that the biggest comment the Council heard from residents is that Elk River is taxing its residents out of town. He stated that it was explained that the City of Elk River is holding the line on taxes and that the issue comes with the increasing property values of homes in Elk River which in turn causes increased property taxes. He noted that the city is working hard to help alleviate this issue by bringing commercial and industry to the city. . Councilmember Farber also indicated that he was given a flyer that someone distributed in his neighborhood that states that a former Councilmember working for the County's Assessor's Office is providing the Councilmembers with breaks on their taxes. Mr. Farber explained that this is absolutely not the case and stated that in order to prove it, his property values and taxes were shown on the screen at the Board of Appeal and Equalization meeting which proved he is paying the same taxes as his neighbors. Mayor Klinzing stated that she would encourage any resident that has questions or concerns about a Councilmember's property values or taxes, to contact the County Assessor's Office. 7.4. Discuss Council Worksession Agendas City Administrator Lori Johnson reviewed the tentative worksession agendas for May and June. Ms. Johnson noted that the Orono Beach Closing policy has been added to the May 8 worksession and that Section 30-1581 of the City Code of Ordinances referencing the 4 for 40 rule will be discussed at the June worksession. Councilmember Dietz questioned if staff has received an update on the salary study. Ms. Johnson indicated that she received a preliminary study today and that staff will need time to review it with Mr. Kelsey so it should be available for discussion in June. . . . . City Council I\11nutes May 1, 2006 Page 11 Mayor Klinzing indicated that she would like to have Parks and Recreation Commissioner Paul Paige provide the Council with information regarding the buying of development rights. Councilmember Motin stated that he would like to discuss the city's policy of assessing for roads versus the city paying for them. He stated that he would like ideas on which way is more common and how the city would proceed with a policy if necessary. Mayor Klinzing suggested that the Council c;liscuss the pay range for the Finance Director position. Ms. Johnson explained that she has had some applicants express interest but decide not to pursue the vacancy due to the pay range. She noted that five applications have been received and interviews will be held with three of them and that if the position remains vacant after those interviews then discussion should take place regarding pay for the position. Councilmember Dietz indicated that it may be better to hold off since the salary study has been received. 7.5. Approve Out-of-State Travel for Elected Official(s) to Washington nc. City Administrator Lori Johnson indicated that the city's Elected Official Out-of-State Travel Policy requires that all out-of-state travel be approved in advanced by the City Council. Ms. Johnson explained that the Tinklenberg Group has requested that up to two representatives from Elk River accompany representatives from Anoka, Ramsey, and possibly Anoka County to Washington D.C. on May 16 and 17 to meet with various legislators to discuss the city's application for federal funding for the TH10/Downtown design alternative analysis. She noted that Councilmember Motin is planning on attending but that none of the other Councilmembers are able to attend. Mayor Klinzing questioned if Ms. Johnson would be able to attend with Councilmember Motin. Ms. Johnson indicated that she is available if that is the Council's desire. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO AUTHORIZE THE OUT -OF-STATE TRAVEL OF COUNCILMEMBER MOTIN AND CITY ADMINISTRATOR LORI JOHNSON TO WASHINGTON D.C. ON MAY 16 AND 17, 2006 TO DISCUSS THE CITY'S APPLICATION FOR FEDERAL FUNDS FOR THE TH 10/DOWNTOWN DESIGN ALTERNATIVES ANALYSIS. MOTION CARRIED 5-0. Councilmember Dietz requested that other business, council updates, and staff updates be discussed prior to the Executive Session so the Council can sign off of cable Tv. 9. Other Business There was no other business. 10. Council Updates Councilmember Dietz provided an update on the April 11, 2006 Utilities Commission meeting. City Council Minutes May 1, 2006 Page 12 . Councilmember Gumphrey stated that he would like an update on the Jackson townhomes and the Zylstra parking lot issue. Ms. Johnson indicated that she believed Community Development Director Scott Clark addressed the Jackson townhomes issue in an update sent to the Council but that if they didn't receive it she would have Mr. Clark email it to them. 11. Staff Updates City Administrator Lori Johnson indicated that she met with representatives from the School District and they are still determining whether or not they will have a referendum on the November ballot which will influence a possible YMCA referendum. Ms. Johnson stated that the District has revised the formula they use for payment of school liaison officers. She indicated that this year the city received $20,000 for both liaison officers and that the proposal for next year is $25,000 per officer. Councilmember Dietz questioned if the School District has approved payment of the School Street Signalization. Ms. Johnson explained that she understands that an unwritten agreement made by the former City Administrator and the former School Superintendent allows the District to pay for the signalization over five years. It was the consensus of the Council that the District should pay for the signalization in one lump sum payment. It was noted that the original estimated cost to the School District was $150,000 but after receipt of the bids, the District's actual cost will be approximately $89,000. Ms. Johnson indicated that she can forward this request to the Interim School Superintendent Jim Berg. . 8. Executive Session MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO CALL AN-EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS ATTORNEY/CLIENT PRIVELEDGE PURSUANT TO MINNESOTA STATUTE 13D.05, Subd. 3(b). MOTION CARRIED 5-0. Mayor Klinzing recessed the regular City Council meeting at 8:10 p.m. for an Executive Session. Mayor Klinzing reconvened the City Council at 8:35 p.m. 12. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:36 p.m. Minutes prepared by Jessica Miller. .. /. dk"c1t ~r(., /:-JC.> .