9.1. SR 12-20-1993
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ITEM 8.2
TO:
MAYOR AND CITY COUNCIL
FROM:
GARY SCHMITZ, ZONING ASSISTANT
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DATE: DECEMBER 20, 1993
SUBJECT: CONDITIONAL USE PERMIT REQUEST BY
R.E.P. LTD (GARY SANTWIRE) OF ELK
RIVER/PUBLIC HEARING, CASE NO. CU
93-37
ISSUE
This request is
Agreement for
and 2) site plan
school.
in two parts: 1)
Barrington Square
review for the
amend the PUD Development
to allow institutional uses;
Area Learning Center high
LOCATION OF REQUEST
251-8 Street (Lot 3, Block 1), Barrington Square (old City Hall
site)
ANALYSIS
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The applicant has been operating a non traditional Area
Learning Center high school from 251-8 Street, since September
1993. The approved Development Agreement for this PUD allowed
seven types of uses, however, institutional uses was not one of
these. In order for this use to continue, an amendment to the
PUD Development Agreement and a site plan review are required.
Please refer to the attached memo to the Planning Commission
which explains these issues in greater detail. Also attached
are letters from the applicant and School District 728
outlining the proposed use. At the Planning Commission meeting
staff was informed by the applicant that limited bus service is
available to the students of the Area Learning Center.
STATE BUILDING CODE ISSUE
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Since the City has been informed about the change of occupancy
to an educational use, the City's Building Official has
contacted Mr. Santwire to inform him of the need to bring the
building into compliance with State building code. Attached
are three letters from the Building Official to Mr. Santwire
requesting information to address the outstanding building code
issues. As of December 16, 1993, Mr. Santwire has not
submitted for review the necessary informtaion. Therefore,
staff would recommend modifying condition #4 establishing a
deadline date of December 30, 1993, for the building to be
brought into compliance with the State Building Code.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
R.E.P. Ltd, CUP
December 20, 1993
Page 2
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PARKING
Since bus service is not available for evening classes, sta~f
feels that the number of students should be limited in the
evening to reflect available parking and the increased number
of students driving directly to the school. Only two classes
are currently being conducted in the evening so staff doesn't
see any immediate problems. However, if the number of students
substantially increases during the evening session, a stricter
parking requirement should be enforced (i.e., 1 parking space
per 3 students plus 1 per classroom).
PLANNING COMMISSION MEETING
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At the Planning Commission meeting, the issue of parking and
the need for a joint parking agreement was discussed at
length. It was the consensus of the Planning Commission that
since limited bus service was available (basically, a shuttle
service from the high school), the existing high school parking
standard of one space for every five students and one per
classroom could be applied to this situation. Based on the
maximum number of students using this facility at anyone time
(60 students and 9 teachers), adequate on-site parking can be
provided without a joint parking agreement. However, if the
number of students increase to a point where more parking is
required than can be handled on-site, a joint parking agreement
among the other property owners should be required.
The Planning Commission also felt that the barbed-wire located
on top of the chain link fence in the rear of the building,
could stay as long as complaints are not received and it does
not become a safety hazard. Staff originally recommended the
barbed wire be removed since the ordinance does not permit
barbed wire in commercial districts.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the conditional
use permit request by R.E.P. Ltd. to amend the Development
Agreement for Barrington Square to allow institutional uses and
a site plan review of the Area Learning Center high school,
with the following conditions:
1. THE NUMBER OF STUDENTS BE LIMITED (PER SHIFT) BASED ON THE
TOTAL NUMBER OF PARKING STALLS AVAILABLE.
2. A JOINT PARKING AGREEMENT FOR LOTS 1, 2, AND 3, BARRINGTON
SQUARE BE RECORDED, IF NECESSARY TO MEET CONDITION NUMBER
1.
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3.
SIGNAGE MEET C3 STANDARDS.
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R.E.P. Ltd, CUP
December 20, 1993
Page 3
4.
ALL THE CONCERNS OF THE BUILDING OFFICIAL RELATED TO STATE
BUILDING CODE BE ADDRESSED AND COMPLETED BY DECEMBER 30,
1993.
5. THE BARBED WIRE LOCATED ON THE TOP OF THE CHAIN LINKED
FENCE (BACK OF PROPERTY) BE REMOVED IF IT BECOME AN ISSUE
OF COMPLAINT OR A SAFETY HAZARD.
6. THE DAY TO DAY ACTIVITIES WILL NOT ADVERSELY AFFECT THE
SURROUNDING PROPERTY OWNERS.
I, ~z
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October 11, 1993
REP LTD
C/O Gary Santwire
650 Dodge Avenue
Elk River, MN 55330
RE: 720 Dodge Avenue NW
Dear Mr. Santwire:
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After reviewing the plans you submitted to me for this
occupancy change, I was hoping tha,t', ,this would be able to
remain as a B-2 "Use", based on the."719a8 Uniform Building
'Code. After further investigation(,:a'nd~.~so ,~alkingt~o Mi~e
Godfrey, from the State Building Code "DivisIon',': Ihave;'fou'rid
that this "Use" cannot remain as a B-2~ It will neea to be
addressed as an E-1 occupancy for educational purposes based
out of the 1988 State Building Code. Because of this occupancy
change to an 'E-1, State statue requires that it be designed by
a State of Minnesota licensed architect.
The second issue will be an address change since this structure
enters and exits on 8th Street. The new address will be 251
8th Street. The City will send out letters to the Post Office,
911, the Fire Department, and the Police Department, notifying
them of this address change. Please notify the tenants of this
change. Since the tenants are in the building, prior to the
issuance of this permit, I trust the time frame of November 1,
1993, will not be out of line for the necessary information and
corrections of this facility.
If you have any further questions, please contact me at the
City offices at 441-4900.
~O:;jrt ~
~ ~ Skoqstad ~);1y
Building Official
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P.o. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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ITEM 9. 1.
TO:
MAYOR & CITY COUNCIL
FROM:
DATE: DECEMBER 16, 1993
SUBJECT: 1994 PAY RESOLUTIO
Attached for your review is the draft 1994 pay resolution.
This is the same pay resolution that was presented to the City
Council during the budget worksessions. This pay resolution
shows a 3% across the board for the City employees. The City
Council can approve a pay resolution with the changes that are
discussed at this meeting; or the City Council can give staff
direction to change the pay resolution and to present this
revised resolution at a later meeting (1/3/94).
The pay resolution is not an issue that requires City Council
action on 12/20/93. Depending on when we get to this agenda
item in the evening, we can certainly postpone all discussions
on pay adjustments until 1/3/93. However, if the pay
resolution is not approved by 1/10/94, it will require extra
work from the Finance Department (back pay).
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There does not appear to be any clear consensus or agreement on
how to make pay adjustments for the non-union employees for
1994. This is not surprising as there is typically a fair
amount of debate on salaries prior to adjustments being made by
the Council. One issue that does need to be brought to the
Council's attention, as it relates to pay adjustments, is the
comparable worth law.
Regarding the comparable worth law, the City was deemed in
compliance as of 12/31/92. Since that time, we have lost our
Zoning Assistant and have not filled that position but instead
hired a City Planner. At this time, based mainly on this
change, the City is slightly out of compliance with the
comparable worth law. Any pay adjustments that are made by the
City Council that would not treat the female dominated
positions (clerical positions) the same as the male dominated
positions would then move the City further out of compliance
with the comparable worth law. It should be noted that the
results of the study the City participated in with all of the
metropolitan communities on updating the comparable worth plan
has been completed. The City will be analyzing the results of
this study and will be recommending comparable worth changes
and pay adjustments to the City Council in 1994. Finally, it
should be noted that any Council adjustments that may be above
or below the norm for department heads will have a minimum
effect on the City's comparable worth status.
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The Elk River Police Union employees are scheduled to receive a
3% increase in 1994. Based on the 12/7/93 Utilities Commission
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
minutes, it appears that the utilities employees are scheduled
to receive a 3.18% increase in 1994. Whether the City Council
gives a 2% or 3% increase to employees is not an overly
significant financial issue. What is more significant, is the
message that the pay adjustments will send from the Council to
the employees. At this time, staff still recommends that the
Council adjust pay 3% across the board, and then if the Council
would like to make further adjustments for individual
department heads, this can be done above (or below) the 3%
level and still not have a major effect on the balancing of the
1994 budget.
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Above and beyond the pay adjustments for all the City
employees, there are numerous other title changes, pay
adjustments, and benefit adjustments that have been
accumulating over the last nine months that we would like the
City Council to consider incorporating into the 1994 pay
resolution. Some of these issues may be easy for the City
Council to either agree on or to reject, while others may be
more difficult and require Council discussion. The items for
the Council to consider include the following:
1.
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Change Gary Schmitz' title to Planning Assistant.
This would not change his payor his comparable worth
point ranking/status. Formerly Gary was called the
Recycling Coordinator, but now he is working more in
the Planning area, and with Steve Rohlf in the
environmental and code enforcement areas. Planning
Assistant is a more acceptable title for the work
that Gary is doing for the City. In 1994, we also
have to change Gary's job description to more
accurately reflect his duties.
2. Consider the TAC Officer assignment as outlined in
the attached 12/14/93 memo from the Chief of Police,
Tom Zerwas. This request seems reasonable and the
effect would be a $.52 per hour increase for the TAC
Officer.
3.
Change the title for Brenda's position to Accounting
Clerk and the title of Alice's position to
Secretary. We already have a job description for
Secretary, but we will need to do a job description
for Accounting Clerk in 1994 for Brenda.
Additionally, the pay for the Secretary has been in
past pay resolutions, and the pay for the Accounting
Clerk should be identical to this position. I would
like to make the pay change for these two positions
($1.25 per hour increase) retroactive to 7/1/93.
These two employees have been functioning in the
Secretary and Accounting Clerk capacity since we
relocated to our new facility (first day was 3/29/93).
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4.
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The work that Geryl is performing for the City is
really above the Clerk/Typist job description. Also,
the work that she is performing is necessary for the
City to operate efficiently. In many regards, the
work of this "backup" position is similar to the work
of the receptionist as she performs those functions,
and the Building and Zoning Secretary/Receptionist as
she also performs those functions. In this regard,
it is suggested that we adjust the Clerk/Typist pay
range to the level of the Receptionist and that we
adjust the job description to more accurately reflect
the duties necessary in Elk River. Also associated
with our clerical work, we should change the
Receptionist title to Receptionist/Clerk to more
accurately define the duties of Debbie in this
position.
5. Phil Hals, Street/Park Superintendent believes it is
appropriate to pay the Laborer position additional
wages when employees in that position work "out of
classification" and does Maintenance I work when
operating the snowplow. Please see the attached memo
from Phil Hals on this topic. I agree with this
request.
6.
The Street Maintenance employees have advised me that
the County pays its snow removal operators double
time on holidays when they work, rather than the time
and one-half that we pay. Additionally, the
Utilities Department pays its employees double time
for working on holidays and Sundays. The Street
Department would like the City Council to consider
similar double time pay for them when they have to
plow snow on holidays (like what happened on
Thanksgiving Day) and on Sundays.
Two Street Department employees are on call every
night and on weekends throughout the winter.
Overall, all of the Street Department employees are
on call five weeks each during the winter. The
Street Department would like the City Council to
consider a one hour at regular hourly wages paYment
per day that they are on call. In comparison, MnDOT
employees receive fifteen minutes of pay per hour
that they are on call, up to a maximum of four hours
per day. The Utilities Department receives eight
hours of pay per week of call at time and one-half.
The County building maintenance department receives
six hours of straight pay for being on call.
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As previously discussed with the City Council, I
would like to have Economic Development Coordinator,
Bill Rubin, be appointed the Executive Director of
the EDA and the Administrator of the HRA. This
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change would also have to be approved by the EDA and
HRA. From a functional point of view, Bill has been
performing these duties and has had the
responsibilities of the Administrator of the HRA and
Executive Director of the EDA. I have simply had the
titles but have not been performing the functions as
Bill has been doing this work for the City.
Associated with this change, I am recommending that
the pay for the Economic Development Coordinator be
adjusted to $45,000 (step 5) for 1994 and that Bill,
in 1994, begin receiving vacation at the three week
level (this is typically not achieved until after
seven years of service, however, we did just recently
appoint Steven Ach as the City Planner at the three
week vacation level).
8.
A number of employees have approached me regarding
our employee vacation schedule. Currently, the
maximum number of vacation days accumulated is 20 (4
weeks) after seventeen years of service. These
employees advised me that after 20 years of service,
the Elk River Utilities provides 25 days of vacation,
and that the norm in the County is 24 days of
vacation after 20 years. However, the Sheriff's
Department receives 24 days of vacation after 15
years. No recommendation on this issue is offered,
however, a number of employees would like the Council
to at least consider this issue and possibly make
some adjustments in our vacation schedule.
Aside from all of the issues noted above, and the pay
adjustment issue, I would like to advise the City Council that
City Planner, Steven Ach, ends his six month probationary
period on December 28, 1993. I will be sending Steven a memo
on this topic, but I think it should be very clear to the
Council, as it is to me, that Steven has successfully completed
his probationary period and that his work has met our
expectations for fulfilling the duties and responsibilities of
the City Planner position.
Memorandum
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To:
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From:
Patrick Klaers, City Administrator
Thomas D. Zerwas, Chief of Police ~~J.
December 14, 1993 t7
Date:
Police Department
Subject:
T.A.C. Officer position
For the past couple years, the police department has functioned
without filling the Administrative Secretary position. This has
created some problems without any direct supervision over the
clerical staff.
I am, therefore, requesting that T.A.C. Officer Kathy Anderson be
given the responsibility of supervising all of the clerical and
receptionist employees. This responsibility would be an assignment
rather than a promotion. At some point in time when the
Administrative Secretary position is employed, this responsibility
would revert back to the Administrative Secretary.
I am recommending that Kathy's salary increase to the same level as
the Senior Accounting Clerk.
TDZ/kma
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720 Dodge Avenue N.W., Elk River, Minnesota 55330 · (612) 441-2324
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TO:
MAYOR & CITY COUNCIL
FROM:
PHIL HALS, STREET/PARK SUPT.
DATE: DECEMBER 3, 1993
SUBJECT: OUT OF CLASS WAGES FOR SNOW
PLOWING
In October, 1992, Amy Borst was hired full-time in the Laborer
Class. It has been my intention to promote Amy through the
four step laborer schedule as her skills develop and then to
raise her to the Maintenance I worker schedule and eventually
to the Maintenance II worker schedule as her skills and
experience reach that level. Amy's present wage is $7.47 per
hour and I would ask the Council to authorize an "out of class"
wage of $9.55 per hour (which is Step 1 of the Maintenance I
worker schedule) for Amy when she is involved with snow
removal. Amy operates a snowplow on a designated route with
the same duties and responsibilities as the other operators and
I feel that in the spirit of equal pay for equal work, she
should be paid at least at the level of Step 1 of Maintenance I.
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This type of "out of class" wage rates is common to many cities
throughout the area for this type of wage to responsibility
adjustment.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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ITEM 9.1.
RESOLUTION 93 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING 1994 PAY PLAN FOR
NON-ORGANIZED EMPLOYEES
BE IT RESOLVED by the City Council of the City of Elk River
that the attached pay plan marked Exhibit 1 and
Exhibit 2 be approved and adopted effective January 1,
1994.
Passed and adopted by the City Council of the City of Elk River
this ___ day of , 199
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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1.
CITY OF ELK RIVER
1994 COMPENSATION PLAN
EXHIBIT 1
All 1993 pay ranges established by the City Council will
increase by 3% in 1994, based on Step 5, in order to
remain competitive to the private market and comparable to
similar communities. Based on acceptable work
performance, all City employees will move up one step in
their pay range or to the top of the pay plan, whichever
is less.
2. The 1994 pay ranges for City employees are listed in
Exhibit 2.
3. The 1994 Pay Plan continues the City's efforts to comply
with the Comparable Worth Law.
4. The part time Liquor Store Clerks shall be paid in
accordance with the following schedule:
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o - 500 Hours
501 - 1000 Hours
1001 - 2000 Hours
2001 - 3000 Hours
3001+ Hours
$5.30
$5.82
$6.39
$7.16
$7.67
5.
Vacation, holiday and sick time shall be granted in
accordance with the City's Personnel Ordinance. All
permanent, part time employees scheduled to work an
average of at least 20 hours per week are to receive
prorated benefits for vacation, holiday, and sick time.
6. All unionized employees (Police Department) will have
their wages and benefits adjusted per City Council
approval of the Police Union Contract and are not governed
by any clauses of this resolution.
7. All probationary employees shall receive increases
according to the agreement when the employee was hired.
8. The City's contribution for the health, life and dental
benefits for employees will be increased to $280.00 per
month in 1994. Prorated insurance benefits will be
offered to all permanent employees scheduled to work an
average of 30 or more hours per week.
9.
When the Waste Water Treatment System Superintendent is
absent for at least one continuous eight hour period, at
the discretion of the Department Head, one employee in the
Waste Water Treatment System Department may receive pay at
step five of the Maintenance III pay range for functioning
as the "Lead Contact Worker". This adjustment during the
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absence of the Department Head is to reflect additional
responsibilities directing the work crew and work program.
10.
To encourage continuing education for City employees, the
City will reimburse 75% of the tuition fee to employees
for successfully completing classes directly related to
their position with the City. Any such class must be
taken on employee time and receive written approval by the
City Administrator before tuition reimbursement will be
made.
1I. The City Council can make adjustments in any section of
the pay plan at any City Council meeting based on
compliance to the Comparable Worth Law, changes in
emploYment status, changes in work responsibility, or
based on performance incentives.
CITY OF ELK RIVER PAY RANGES
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1994 PROPOSED (3%)
Step 1 Step 2 Step 3 Step 4 Step 5
CITY ADMINISTRATOR 53656 56777 59898 63018 66139
FINANCE DIRECTOR 44714 47315 49916 52517 55117
POLICE CHIEF 44027 46636 49245 51854 54463
STREET SUPERINTENDENT 44027 46636 49245 51854 54463
BUILDING & ZONING ADMINISTRATOR 43504 46081 48658 51235 53812
W ASTEW A TER SUPERINTENDENT 43504 46081 48658 51235 53812
LIQUOR STORE MANAGER 38152 40984 40984 46647 49478
FIRE CHIEF 38152 40984 40984 46647 49478
ECONOMIC DEVELOPMENT COORD. 35478 37278 39120 41091 43169
CITY PLANNER 32960 35020 37080 39140 41200
BUILDING OFFICIAL 34235 35778 37299 38841 40384
CITY CLERK 34235 35778 37299 38841 40384
ASSIST ANT LIQUOR STORE MANAGER 21509 23095 24723 26308 27915
The following positions are subject to overtime:
_LICE SERGEANT 21.69 22.16 22.54
ILDING INSPECTOR 13.82 14.49 15.14 15.80 16.46
ZONING ASSISTANT 11.77 12.65 13.52 14.41 15.31
RECYCLING COORDINATOR 11.77 12.65 13.52 14.41 15.31
SR ACCOUNTING CLERK 10.39 11.21 12.00 12.81 13.64
T AC OFFICER 9.87 10.67 11 .46 12.29 13.10
ACCOUNTING CLERK 8.56 9.40 10.26 11.05 11.88
SECRETARY 8.56 9.40 10.26 11.05 11.88
COMMUNITY SERVICE OFFICER 8.56 9.40 10.26 11.05 11.88
SENIOR CITIZEN COORDINATOR 7.96 8.60 9.27 9.93 10.59
SECRETARY RECEPTIONIST 7.96 8.60 9.27 9.93 10.59
RECEPTIONIST 7.21 7.88 8.55 9.22 9.79
FULL TIME LIQUOR CLERK 7.34 7.96 8.56 9.22 9.79
CLERK TYPIST 6.18 6.90 7.57 . 8.29 9.01 .
WWTS OPERATOR 10.84 11.39 12.34 13.05 13.74 14.46
MAINTENANCE III 12.84 13.49 14.16 14.87 15.61
MAINTENANCE II 11.34 11.67 12.03 12.74 13.43 14.15
MAINTENANCE I 9.27 9.84 10.40 10.97 11.54 12.10
LABORER 7.43 7.69 7.96 8.49 9.28 9.82
PART TIME LIQUOR CLERK 5.30 5.82 6.39 7.16 7.67
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