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08-07-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 7,2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Community Development Director Scott Clark, Police Chief Jeffrey Beahen, Fire Chief Bruce West, Parks and Recreation Director Bill Maertz, 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 08/07/2006 Agenda MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. 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. COUNCIL MINUTES · JULY 10,2006 WORKSESSION · JULY 17, 2006 REGULAR · JULY 24, 2006 SPECIAL 3.2. CHECK REGISTER 3.3. RESOLUTION 06-93 DESIGNATING MAXIMUM HOUSEHOLD INCOME LEVEL FOR DEFERRAL OF SPECIAL ASSESSMENTS FOR 2006 AND APPLICATION FOR DEFERRAL OF SPECIAL ASSESSMENT 3.4. TEMPORARY ON-SALE 3.2. PERCENT MALT LIQUOR LICENSE - ELK RIVER LIONS 3.5. TOBACCO LICENSE - KEN'S SMOKE SHOP, INC. 3.6. MASSAGE THERAPIST LICENSE - ROANNE EUERLE 3.7. RESOLUTION 06-94 AUTHORIZING EXECUTION OF SAFE AND SOBER COMMUNITIES AGREEMENT 3.8. AUTHORIZATION TO HIRE SHEILA CARTNEY AS SENIOR PLANNER AT A STARTING PAY OF $60,500 3.9. RESOLUTION 06-95 APPOINTING ELECTION JUDGES FOR THE 2006 ELECTIONS 3.10. CHANGE ORDER NO.1 FOR HIGHLAND IMPROVEMENT - SANITARY SEWER City Council Minutes August 7,2006 Page 2 MOTION CARRIED 5-0. . 4. Open Mike No one was present for Open Mike. 5.1. Resolution 06-96 for Denial of Request for Rezoning by Crystal/Timothy Thomsen for Zoning Change Request ZC 06-04 and Establishing Finding of Fact Therefore Community Development Director Scott Clark stated that Council held a public hearing on July 17 to consider the request by Crystal and Timothy Thomsen for a zoning change to construct an apartment building. :Mr. Clark indicated that after the public hearing, Council directed staff to prepare a resolution with Bndings to deny the rezoning. :Mr. Clark noted that City Attorney Peter Beck has indicated that the Bodings should be mailed to the applicant via certiBed mail. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-96 DENYING ZONING CHANGE REQUEST ZC 06-04 AND ESTABLISHING FINDINGS OF FACT THEREFORE. MOTION CARRIED 3-2. Councilmembers Dietz and Morin opposed. 6.1. Downtown Traff1c Control Police Chief Jeffrey Beahen indicated that his original recommendation was to hire a security company to provide traff1c control services downtown from August 11 until mid-October at the rate of $30 per hour, 2 employees, Monday through Friday 9a.m.-5 p.m. Chief Beahen indicated that Fire Chief Bruce West recently received a donation of 14 radios from the Hopkins Fire Department which eliminates the need to purchase radios if temporary employees are hired. He stated that each radio costs about $800; therefore, this donation signiBcantly reduces the cost of purchasing equipment if temporary employees are hired. Chief Beahen explained that he has at least two people who are interested in being hired as temporary employees to conduct the downtown traff1c control and he may have a third. He stated that he would like to pay them $15 an hour and they would work 9 hours a day,S days a week. . Councilmember Dietz questioned if staff has checked with the League of Minnesota Cities to see what the city's liability would be for these employees. Ms. Johnson indicated that these employees would be covered just as the seasonal park maintenance employees are. She stated that the employees would be given the proper personal protective equipment and proper training would be conducted and documented. Councilmember Gumphrey questioned if the downtown contractors have indicated whether or not they will assist with traff1c control costs. Chief Beahen indicated that the contractors on site have no authority to make the decision whether or not the city is reimbursed so they have told the city to bill the companies and see if they pay. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO AUTHORIZE CHIEF BEAHEN TO HIRE UP TO THREE TEMPORARY EMPLOYEES TO CONDUCT DOWNTOWN TRAFFIC CONTROL AT A PAY RATE OF $15 AN HOUR FROM AUGUST 11 . . . . City Council :Minutes August 7, 2006 6.3. Page 3 UNTIL TRAFFIC CONTROL DOWNTOWN IS NO LONGER NECESSARY AND TO PURCHASE THE NECESSARY PERSONAL PROTECTIVE EQUIPMENT FOR THESE EMPLOYEES NOT TO EXCEED $2,000 PER EMPLOYEE. MOTION CARRIED 5-0. 6.2. Authorization to Award Contract for 2006 Neighborhood Park Projects Parks and Recreation Director Bill Maertz stated that the 2006 park improvements include neighborhood park projects at Kliever Lake Fields, Meadowvale Heights, and a trail connection in Kliever Park Pointe. Veit and Company, Inc. of Rogers was the low bidder at $263,296, which is higher than the engineers estimate of $222,000. He stated that staff analyzed the bid results and the unit costs that came in higher than the estimate were related to grading and trail preparation. Mr. Maertz indicated that staff believes that competitive bids were received and that the cost of these projects will only increase if delayed. Councilmember Motin questioned if the Parks and Recreation Commission is aware that the bids came in higher than expected. Mr. Maertz indicated that he has spoken to a majority of the members of the Parks and Recreation Commission and they are fIne with the amount. Mr. Maertz noted that the pedestrian tunnel at the Great Northern Trail came in about $55,000 under budget and so it equals out. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO AWARD THE CONTRACT FOR THE 2006 NEIGHBORHOOD PARK PROJECTS TO VEIT COMPANY, INC OF ROGERS FORA TOTAL AMOUNT OF $263,296 TO COME FROM THE PARK DEDICATION FUND. MOTION CARRIED 5-0. ClarifIcation of July 10. 2006 Council Motion on Pay Study City Administrator Lori Johnson indicated that at the July 10, 2006 meeting, Council approved the motion "MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILME:MBER FARBER TO CONTINUE WITH OUR CURRENT PAY PLAN UNTIL COUNCIL MAKES A DECISION ON THE STUDY. MOTION CARRIED 5-0." Ms. Johnson explained that staff and some Councilmembers would like clarifIcation on the motion because of the discussion that took place before the motion regarding Chief West's comments regarding pay adjustments taking effect July 1, 2006. Fire Chief Bruce West expressed his opinion that employees whose positions are valued higher in the new study should move to their new pay ranges effective July 1. He stated that because the study took longer than anticipated, increases that would have otherwise been approved before July 1 have been delayed and should still be considered effective as of July 1. Ms. Johnson stated that she hopes, but is not certain, that the pay study will be complete by next week for Council consideration. She noted that Mr. Kelsey has completed additional work on the pay plan which was not included in the original estimate for his services. It was the consensus of the Council to continue with the current pay plan until the Council approves the new pay study and to discuss making pay adjustments for certain positions that are reclassifIed retroactive to July 1 once the plan is approved. City Council Minutes August 7, 2006 Page 4 6.4. Set Special Meeting Date to Canvass Results of Prim~ Election . Ms. Johnson explained that according to state statute, the city is required to canvas the results of the Primary Election within two days after the Primary election at which a quorum of the Council must adopt a resolution certifying the results of the Primary. Councilmember Gumphrey stated that he has a conflict and will not be able to attend this meeting. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO CALL A SPECIAL MEETING ON THURSDAY, SEPTEMBER 14,2006 AT 5 P.M. TO CANVAS THE RESULTS OF THE 2006 PRIMARY ELECTION. MOTION CARRIED 5-0. 6.5. Discuss Council Worksession Agendas City Administrator Lori Johnson reviewed the August and September worksession agendas. The Council would like economic development and planning staff to provide an update on the Gateway Business Park and future development of the gravel area at the September worksession. 7. Other Business Councilmember Dietz indicated that he has been informed by City Engineer Terry Maurer that the private road next to Dolphin Car Wash is part of a PUD and any improvements would need to go through their association, if one exists. Councilmember Dietz stated that he will contact the owner of Dolphin to discuss this issue. . Councilmember Dietz expressed concerns over a letter to the editor that one of the Planning Commissioners wrote regarding the city's control of traffic in the city. Councilmember Dietz indicated that he would like City Engineer Terry Maurer to write a letter explaining what authority the city does and does not have over traffic issues such as highways, signal lights, etc. He would like this letter published to clarify what powers the Council has regarding traffic issues. Councilmember Farber indicated that he believes the conduct by some of the Planning Commissioners to be inappropriate and the Council may wish to hold a joint meeting with the Planning Commission. Councilmember Motin concurred. He stated that the public may have the impression that the Planning Commissioners have inside knowledge of transportation and traffic issues and so they believe it to be true when in fact, it may not. Mayor Klinzing also concurred. She indicated that she would like the citizens to be aware of the work that the Council has done and continues to do to remedy the traffic issues in Elk River and to understand that the City of Elk River does not have jurisdiction over County or State roads. It was the consensus of the Council for Mr. Maurer to draft a letter to the editor regarding traffic and transportation issues to be reviewed by the Council. . . . . City Council Minutes August 7, 2006 Page 5 Councilmember Dietz questioned if the city prosecutor RFPs would include prosecuting and civil services. He stated that he believes City Attorney Peter Beck is doing a great job and he is not interested in replacing his services. Councilmember Motin indicated that civil services will be included as an alternate bid to the prosecuting attorney RFPs. Councilmember Dietz indicated that he is interested in providing Ms. Johnson with additional compensation since she has been performing the job of city administrator and finance director for the last ten months. He stated that he has already spoken to City Attorney Peter Beck regarding the legality of providing Ms. Johnson with additional compensation. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO HAVE CITY ATTORNEY PETER BECK PREPARE A MEMO TO THE COUNCIL OUTLINING OPTIONS FOR ADDITIONAL COMPENSATION FOR CITY ADMINISTRATOR LORI JOHNSON FOR FULFILLING THE POSITITONS OF CITY ADMINISTRATOR AND FINANCE DIRECTOR. MOTION CARRIED 5-0. Councilmember Dietz stated that he will contact Mr. Beck and have him outline compensation options for the Council. 8. Council Updates Councilmember Gumphrey resigned as Council Liaison to the Parks and Recreation Commission. He stated that he accepted a new position at work which will conflict with the Wednesday Parks and Recreation Commission meetings. Councilmember Farber stated that he would be interested in replacing Councilmember Gumphrey. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ACCEPT THE RESIGNATION OF COUNCILMEMBER GUMPHREY AS COUNCIL LIAISON TO THE PARKS AND RECREATION COMMISSION AND TO APPOINT COUNCILMEMBER FARBER AS HIS REPLACEMENT FOR A TERM TO EXPIRE DECEMBER 31, 2006. MOTION CARRIED 5-0. Councilmember Motin questioned who is responsible for the weed control in the median of Highway 10 near downtown. Ms. Johnson indicated that MnDOT is responsible and staff will contact them regarding this issue. Councilmember Motin stated that he has received calls regarding what appears to be an abandoned house under construction in the Woods of Hillside development. He indicated that construction began in March but no work has been done on the home since that time. He also stated that he has spoken with neighbors of the home and they believe that construction may have ceased due to a wetland issue. Councilmember Farber indicated that he has also heard complaints about this home and agreed that it is unsightly. City Council Minutes August 7, 2006 Page 6 9. Staff Updates . There were no staff updates. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:21 p.m. Minutes prepared by Jessica Miller. ~ . .