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07-10-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, JULY 10, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, City Engineer Terry Maurer, Community Development Director Scott Clark, City Clerk Joan Schmidt, City Attorney Peter Beck, Human Resources Representative Lauren Wipper, Senior Center Coordinator Sue Kostanshek, Maintenance Supervisor Gary Lore, Street Superintendent Phil Hals, Police Chief Jeff Beahen, Park & Recreation Director Bill Maertz, and Asst. Street Superintendent Mark Thompson 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 6:39 p.m. by Mayor Klinzing in the council chambers. 2. Consider Council Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Council Chambers for Swear-In of Three Police Officers Police Chief Jeff Beahen introduced David Windels, Todd Drayna, and Justin Ege as newly hired police officers for the City. Mayor Klinzing swore in the three officers. Mayor Klinzing recessed the meeting at 6:50 p.m. and reconvened the meeting in the Uppertown Conference Room at 7 p.m. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. 4.2. 4.3. 6/19/06 COUNCIL MINUTES CHECK REGISTER RESOLUTION #06-88 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER FROM THE EDDY FOUNDATION MASSAGE THERAPIST LICENSE FOR STEFANIE KERO- SIMONSON'S SALON & DAY SPA TEMPORARY ON SALE LIQUOR PREMISES EXTENSION - FRATERNAL ORDER OF EAGLES APPROVAL TO HIRE THREE CUSTODIAL POSITIONS 4.4. 4.5 4.6. City Council Minutes July 10, 2006 Page 2 4.7. RESOLUTION #06-89 ACKNOWLEDGING CONTRIBUTIONS TO THE ELK RIVER POLICE DEPARTMENT FROM CARING RIVERS UNITED WAY APPROVAL TO HIRE LAW CLERK/CERTIFIED STUDENT ATTORNEY. . 4.8. MOTION CARRIED 5-0. 5. Open Mike Jeff Gongol from the Chamber of Commerce extended a thank you for a successful Fourth of July event, expressing his appreciation for all the hard work of staff and Council. 6. Worksession 6.1. Council Open Forum . City Administrator J ohoson asked to change the order of the agenda. Item 6.7 to follow item 6.2; the transportation update to follow 6.3. The council concurred. 6.2. Library Cost Estimates Presented by KKE Architects Jennifer Anderson-Tuttle with KKE Architects presented pricing comparisons for the library project. To reach LEED Platinum certification would cost between $565,000 and $817,053. The building is designed as a high performing building and there will be substantial cost savings even if Platinum is not achieved. The submitted construction summary list had been narrowed down to save money as well as to be the most efficient. Ms. Anderson-Tuttle explained that with the geothermal mechanics, there will be a significant savings and that the system would be balanced and checked with everything in working condition. . It was the consensus of the Council to try to reach LEED Gold or Silver certification. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER THAT THE BUDGET FOR THE LIBRARY PROJECT IS NOT TO EXCEED $4.3 MILLION. MOTION CARRIED 5-0 6.3. Discussion on Funding Street Improvements through Special Assessments and Property Tax Levy Ms. J ohoson reviewed to how the City currently funds street improvements with the use of both property tax levies and special assessments. City Engineer Terry Maurer reviewed information that he had received from two cities that recently completed surveys on how other cities fund street improvements. Councilmember Dietz inquired if most other cities assess the way the City of Elk River does. Mr. Maurer stated that it's difficult to determine how cities assess by their policy language; that it is necessary to talk to staff. He stated that some cities don't have overlays explained in their policies. He stated that the City of Elk River doesn't assess 100% because we also use our crews versus a contractor when fixing overlays. . . . . City Council Minutes July 10, 2006 Page 3 Councilmember Dietz stated that Mr. Maurer and Mr. Hals need to have more of an organized way to do these projects. He stated that there needs to be a logical progression for people to understand. Mr. Maurer stated that along with the budgeting process and the hiring of engineering techs, staff is looking at a computerized pavement management system which will assist in keeping track of these projects. He also stated that a change in the process when dealing with overlays and to have informational meetings as we do with other projects will help. It was the consensus of the Council to continue to assess the homeowners for overlays as we have done in the past. 6.4. Presentation of Pay Plan Reclassification Study - Rod Kelsey Rod Kelsey from Riley, Dettmann and Kelsey presented the results of the pay play reclassification study. Mr. Kelsey explained that in order to prepare the final pay plan, input from the Council was needed including the Council's philosophy on pay. How does the Council want the city's pay to relate to the market? Do we want to be on the bottom end, the middle, or on the top end? Also, does the Council wish to change the twelve cities used as comparables, are these correct cities for a market comparison. Mr. Kelsey explained the evaluation criteria used to evaluate the positions. This methodology is not task focused and gives credit for education and experience requirements as well as the problem solving requirements of the job. This evaluation method takes more aspects of the position into consideration resulting in a more accurate reflection of the position. Councilmember Motin stated that some pay amounts and groupings seem high while others do not seem high enough. He asked if comparables could be done with the private sector. Mr. Kelsey stated that a collection of data could be obtained; however, one needs to be careful where you look. He stated that in the private sector lower level jobs are lower in pay than in the public sector. Councilmember Motin inquired if we have the cost factor for this program. Ms. Johnson stated that this has not been done yet. Most of the positions have remained in the same categories and that there will be the normal step increases which may amount to approximately $15,000. Councilmember Farber stated that he is concerned about the job description or comparisons regarding the Finance Director position and if this is out of whack. Mr. Kelsey stated that we now have the baby-boomers where people aren't going anywhere, they are happy in their current job, that they like their life-style or are protected by their current employ through pay; or if we find that the pay is low, there may not be a lot of candidates; and, that there are trends where jobs come and go as far as availability and being hard to fill. He also stated that occasionally for a position the rate may need to be raised which is considered "leap frogging". Councilmember Dietz inquired as to the exempt versus the non-exempt positions and the 2006 pay maximums and points. Ms. Johnson explained that was part of the problem in the past which needed to be fixed because there were two separate pay groups. She stated that City Council :Minutes July 10, 2006 Page 4 points are points and that by placing the positions together this typical job evaluation summary should work well. . Councilmember Farber stated that he would like us to be modeled at 60% and that he doesn't want us to be in the middle. Councilmember Gumphrey stated that he would like to see the categories shortened up and to use the same cities that we have used in the past. Ms. Johnson explained that step increases due in July 2006 will be based on the current pay plan and any positions that have not previously been assigned a pay grade will be assigned one based on the current pay plan and the new position hierarchy. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO CONTINUE WITH OUR CURRENT PAY PLAN UNTIL COUNCIL MAKES A DECISION ON THE STUDY. MOTION CARRIED 5-0. 6.5. Review Ordinance Regarding 4 Lots for 40 Acres This item was continued from an earlier Council meeting for further discussion after action on the Carverwood Hills preliminary plat. City Attorney Peter Beck stated that it is his understanding that it is the intent to maintain one unit per 10-acre density in the A-l zoning district while allowing some flexibility in the configuration of lots within that zoning district. He stated that this footnote has always been interpreted to allow larger parcels to be developed under this language at the rate of one lot per 10 acres, with a 2.5 acre minimum lot size. It was the consensus of the Council to bring back this item to another meeting for further discussion. . 6.6. Planning Commission Discussion Items A. Above Ground Swimming Pools and Fencing Update Community Development Director Scott Clark stated that currently the state's building regulations requires permits for pools above 24-inches in height, and City ordinance states that if a permit is required, then a fence needs to be constructed, except for pools that are 48-inches or higher. The Planning Commission is of the opinion that a fence should not be required since the permitting allows the City to further insure other safety features that can be put into effect, such as removable ladders, fold-up ladders, etc. This controlled access would be required for pools 24-inches or higher and failure to do so would be a misdemeanor which could result in a citation. B. Tempora~ Signs Update Mr. Clark explained that the Planning Commission will be reviewing the staff report at their July 11, 2006 meeting. At this time, suggestions have been made to change the ordinance to reflect that a temporary sign may be up for 3 months in a given year. The current ordinance allows a multi-tenant building to have 3 months of signage which in turn allows the overall property to have temporary signage for the entirety of the year. With changes, the time for temporary signage annually would change from 90 days to 30 days with signage allocated per property and not the individual business. It is also proposed to recommend a flat fee of $50 per Sign. . . . . City Council Minutes July 10, 2006 Page 5 Councilmember Dietz asked what is the purpose of the temporary sign and asked if it could be banned. It was the consensus of the council to discuss this at length at an upcoming meeting. 6.7. Discussion of Library Proper1;y Ms. Johnson explained that city staff has been discussing possible uses for the current library when it becomes available as well as the two properties purchased for the expansion of the library on its current site and additional parking. If the Council chooses to use the library as a Senior Center or for recreational activities, staff does not believe additional parking is needed. Therefore these two properties may be sold. Senior Center Coordinator Sue Kostanshek stated that if we were to use the library building as a Senior Center that we would not be taking anything away from the current Senior Center; that this site would be in addition to the current site at the Guardian Angels complex. She stated that we have a younger group of seniors and reviewed their potential needs. Ms. Kostanshek reviewed the proposed new program and service ideas. She reviewed the minimum start-up needs of furnishings which would be a cost of $18,900. She stated that the furniture that would be left would be put to use. She also stated that they would hope to hire a part-time receptionist that would work perhaps from 10:00 to 2:00. Mr. Maertz stated that the total cost would be $29,774 which includes furnishings and use of the building for the months of October through December 2007; that for the 12 months of 2008 there would be a cost of $43,328. Councilmember Dietz inquired if the park and recreation department would want to move to the library. Mr. Maertz explained that the mold abatement was being worked on; they will test again after three months. However, he does like having this option. Councilmember Dietz stated that he was originally in favor of selling the building but has changed his mind and feels that using this building as a senior center would be a perfect fit for the community. Councilmember Gumphrey agreed and inquired if there would be any upgrades needed to the building. Ms. Kostanshek stated that they may eventually need to add another restroom. Mr. Hals stated that the heating and cooling system may need to be upgraded, but the rest of the building is quite sound. Councilmember Motin stated that he would like to see an appraisal or evaluation of what the building would be worth if we were to sell it, just as a comparison. Mr. Maertz stated that a value of $100 per square foot would be typical for this type of property. Councilmember Farber stated that he would not be interested in selling; however he would be interested in fmding out the value. Mr. Hals will also get pricing for the mechanics. MOVED BY COUNCILMEMEBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO COMMIT TO TURNING THIS BUILDING INTO A SENIOR CENTER THE START OF FALL 2007 AND TO HAVE STAFF GET APPRAISALS FOR THE THREE SITES. MOTION CARRIED 5-0. City Council Minutes July 10, 2006 Page 6 6.8. YMCA Update and Ballot Question Language Review . City Administrator Lori Johnson reviewed with Council the funding proposal for the YMCA. The voters would be asked if they want the city to pay two-thirds of the construction of a YMCA. If approved, the City will issue general obligation bonds to fund the entire project. The YMCA will fund one third of the annual debt service on the bonds. The City will be the owner of the building and the YMCA and City will enter into an agreement defining the arrangement whereby the YMCA will operate programs out of the facility. One of the items to be decided is the amount that will be included in the bond question for the construction of the facility. The question will include financing for the entire project, even though the YMCA will repay one third of the debt service over the life of the bonds. The YMCA is estimating construction costs to be $12 million. The $12 million excludes the cost of energy efficiency improvements and the additional cost to use recycled products. The City would pay $8 million of the $12 million plus the energy efficiency and recycle cost. These additional costs may be eligible for the County's Landfill Abatement Public Building Grant that is being considered by the County Board on July 11. Since the City has had concerns with the draft memorandum of understanding, it was agreed that it is in the best interest of all parties to ensure that an agreement complies with state law. To alleviate the Y's concern that the City's legal advice may be too conservative, it was agreed that the City and the YMCA will put together an outline of the proposed agreement and submit it to Kennedy and Graven for an independent review and analysis of the legality of the proposed agreement. Attorney Beck reviewed the outline of the proposed agreement asking for council input. . It was the consensus of the council to put the following into the agreement that will be submitted to Kennedy and Graven for their review and analysis. 1. Form and term of agreement - to call it a management contract explaining the reasons. 2. Term and termination - can be terminated for lack of pcryment; the period of time for cancellation after initial term is 6 years. 3. How much would the YMCA get back if the city terminates the agreement prior to 30 years - 100% to Year 25; thereafter 50% up to Year 30; and zero after 30years. 4. How much would the YMCA get back if the YMCA terminates the agreement prior to. 30 years - nothing. 5. Need to consider - what penalties for early default during the initial term? 6. City control over design, construction and operation - Council wished to ask Kennecfy & Graven if thry can delegate the design, construction, and operation of this facility to the Yl\1 C4 and/ or have a five member commission consisting of three council members and two representatives from the Y who would make discretionalfy decisions but recogniifng that the Y has been doing this for years. 7. What level of oversight to ensure the facility is properly maintained - Commission meets for capital improvement purpose and over a certain dollar amount council would have to approve. This monry would have to be from reseroes not tax le1!Y portion of the bond; there would have to be a process with the Y coming to CounciL Need to establish a list separating out capital improvements that affect structure of the building. 8. Capital Improvements - Ms. Johnson and the yj attornry will continue to work on this. The Council revised the proposed ballot language. . . . . City Council Minutes July 10, 2006 Page 7 6.9. Discussion of Proposed Graffiti Ordinance. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 06-08 ADDING TO CHAPTER 46, ARTICLE III GRAFFITTI. MOTION CARRIED 5-0. 6.10. First Annual Mayor! Council Golf Open at Pinewood Council set the date of August 29,2006 with starting time at 3 p.m. for the first annual Pinewood Open Golf Tournament. 7. Other Business None 8. Council Updates None 9. Staff Updates · Transportation Update Mr. Maurer reviewed his memo on the various transportation issues throughout the city which include: 1. School Street/Jackson Avenue Intersection Analysis Councilmember Dietz suggested that staff should ask the school if they are interested in having a permanent left turn lane. Mr. Maurer stated that he will work toward that and bring this item back to Council. Highland Road Improvement 2005 Street Reconstruction Project 19300 Avenue Corridor School Street/B.S. Driveway Signalization Railroad Crossing Upgrades 2. 3. 4. 5. 6. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE $12,800 TO UPGRADE THE RAILROAD CROSSING TO CONCRETE PLANKS. MOTION CARRIED 5-0. 7. MnDOT Property off of 175th Avenue 8. Proctor Avenue/Main Street All Way Stop MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO HAVE THE 3-WAY STOP AT PROCTER AND MAIN TO BE A PERMANENT INSTALLATION. MOTION CARRIED 5-0. 9. Sherburne County Transportation Plan Update Councilmember Gumphrey will participate in these meetings and Councilmember Farber will participate in his absence. City Council Minutes July 10,2006 Page 8 10. ll. 12. 2007 Street Reconstruction Projects Engineering Technicians Computerized Pavement Management System . 13. TH 169 Study Councilmember Dietz stated that he is concerned when the lights are gone in Otsego that we will have a backup of traffic at the lights in Elk River. Councilmember Motin stated that we may need to have legislative solution. 14. 2006 Bituminous Overlay Project Mr. Maurer stated that he will do a follow up mailing to the neighborhood of Ridgewood Estates explaining that this is a difficult area to reach and would be relatively expensive to have a horse trail. Perhaps the neighbors could come to an agreement and ride horses behind the power poles. Councilmember Farber asked if there is a plan for a dedicated right turn lane on Proctor at Hwy 10. Mr. Maurer stated that this currently is not on the County's plan and that he will continue to bring it to Mr. Mentor's attention. Councilmember Motin inquired if there was anything planned for Co. Rd. 12. Mr. Maurer stated that there is nothing currently for Co. Rd. 12 or 13 in the County's plan. · Reminder: Sherburne County Fair Parade - Thursday. July 13. 2006 9. Adjournment . There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 11:35 p.m. , J /if~i i .