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01-26-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER HIGH SCHOOL LITTLE THEATRE MONDAY, JANUARY 26, 2004 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, Building and Environmental Administrator Steve Rohlf, Street/Park Superintendent Phil Hals, Environmental Technician Rebecca Haug, City Engineer Terry Maurer, and City Clerk Joan Schmidt . 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 1/26/2004 Agenda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA WITH THE ADDITION UNDER OTHER BUSINESS OF DISCUSSION OF CONDITIONAL USE PERMIT FOR COUNTY BUILDING AND THE REMOVAL FROM THE CONSENT AGENDA OF ITEM 3.5. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER TVEITI AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE FOLLOWING CONSENT AGENDA ITEMS: 3.1CHECK REGISTER 3.2 RESOLUTION 04-08 APPROVING PREMISES PERMIT RENEWAL FOR THE FRATERNAL ORDER OF EAGLES AERIE #3264 3.2CONSIDERATION OF PAY ESTIMATES FOR THE PUBLIC SAFETY AND CITY HALL BUILDING PROJECTS 3.4CONSIDERATION OF CHANGE ORDERS FOR THE PUBLIC SAFETY AND CITY HALL BUILDING PROJECTS 3.5(REMOVED FOR SEPARATE CONSIDERATION) 3.6CONSIDERATION OF EXTENDING TEMPORARY BUILDING INSPECTOR POSITION UNTIL FEBRUARY 29, 2004. MOTION CARRIED 5-0. 4. Open Mike There was no one present for open mike. City Council Minutes Page 2 January 26, 2004 ----------------------------- 3.5 Authorization to Hire Maintenance I Position Street/Park Superintendent Phil Hals explained that advertising had occurred for two weeks and the City had received 26 applications for the Maintenance I position. Five applicants were interviewed and staff is recommending the hiring of Mike Zappa as a fulltime Maintenance I employee. This hiring would be contingent upon his satisfactory completion of background checks and pre-employment drug screening tests. It is recommended that he start at pay grade 8 level C with the possibility of advancement to pay grade 8 level D after satisfactorily completing a 6-month orientation period. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO HIRE MIKE ZAPPA AS THE MAINTENANCE I EMPLOYEE WITH THE RECOMMENDATIONS AS OUTLINED FROM STAFF. MOTION CARRIED 5-0 City Administrator Pat Klaers updated the Council on plans for some of Phil Hals employees to be departing from his department with the hiring of a Park and Rec Director. These Park Maintenance employees will report directly to the Park and Rec Director with staff working together to coordinate manpower and equipment. 5.1 Discuss County Ditch Issues Building and Environmental Administrator Stephen Rohlf explained that the County had received two petitions requesting cleanout of County Ditch 31. Staff concurs that the work is needed and requests Council’s authorization to proceed. Mr. Rohlf wanted Council to be aware that this project will cost over $32,000 and that the County Board will make the decision to approve this work. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO DIRECT STAFF TO WRITE A LETTER TO THE COUNTY BOARD INFORMING THEM THAT THE CITY COUNCIL HAS AUTHORIZED THE CLEANOUT OF COUNTY DITCH 31 AT THE BID PRICE OF $32,725. 00. MOTION CARRIED 5-0. Mr. Rohlf also explained the situation in regards to County Ditch 28. This ditch having three branches lies within the City of Elk River and Big Lake Township. Property owners in Big Lake Township have complained in regards to the equity of payment for assessments for branches of this ditch that don’t benefit them. Staff agrees with their argument and would like to work with the County Attorney’s Office to create Subordinate Service Districts, which would allow the three branches to be assessed and billed separately. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO DIRECT STAFF TO WORK WITH THE CITY ATTORNEY AND THE COUNTY ATTORNEY’S OFFICE IN CREATING SUBORDINATE SERVICE DISTRICTS FOR THE THREE BRANCHES OF DITCH 28. MOTION CARRIED 5-0. Related to the Ditch 31 work, Councilmembers Motin and Tveite disclosed that they are shareholders in the Country Club. City Council Minutes Page 3 January 26, 2004 ----------------------------- 5.2 Consideration of Contracting for Apartment Inspections Building and Environmental Administrator Stephen Rohlf explained that due to an increase in building activities, largely due to recent projects by D.R. Horton and Centex Homes, the building inspectors do not have time available to conduct apartment inspections in 2004. Staff has offered the following alternatives: (1) license apartments in 2004, but don’t inspect them this year; (2) turn apartment inspections and licensing over to the Fire Department; (3) hire a temporary employee to deal with apartment inspections and licensing; or (4) contract for apartment inspections in 2004. Staff is recommending contracting with former Building Official Cliff Skogstad of Top Notch Home Inspection for the apartment inspections. Councilmember Dietz asked Mr. Rohlf if inspections could be skipped for a year since there have been no new apartments, and then, turn it over to the fire department next year. Mr. Rohlf answered that this could be done, that some cities do every-other-year inspections, but he feels strongly against this practice without giving prior notice to the apartment owners. He stated the apartment owners would still be charged a fee and they really are entitled to an inspection. Councilmember Tveite stated that he would not feel comfortable charging a licensing fee and not doing an inspection. He felt that we would need to consider waiving the fee and that we would be setting a precedent. He stated that some of the apartments are getting older and they do need to be inspected. City Administrator Klaers stated that he supports moving this work to the Fire Department and that the other option would be adding an employee to the Fire Department this year. Mayor Klinzing asked why the amount of money to contract an apartment inspector would be coming from the Council Contingency Funds and isn’t there anything in the individual budgets to allow for this? City Administrator Klaers stated that the building permit revenue above the budget amount last year helped to balance the LGA cuts that were received. He explained that we do not want to overstaff in the Building Department, and then have to lay off individuals when development slows down. Mayor Klinzing compared it to if we had a lot of snow and the workers were tired and we would have to hire some additional help, would that money come out of the Council Contingency Funds? City Administrator Klaers stated that we do not have any extra money to hire outside contractors or people, and yes, the money would need to come out of the Council Contingency or Fund Balance Reserves. Currently, there is less than one percent of the total budget in the Council Contingency Fund and it is one of his budget goals to get that percentage higher. Councilmember Motin stated why not allocate expense towards the department with the understanding that it would be a charge back with budget adjustments later on. City Council Minutes Page 4 January 26, 2004 ----------------------------- City Administrator Klaers stated that is really how it works, and at the end of the year, a transfer is done, if necessary. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE STAFF TO CONTRACT WITH CLIFF SKOGSTAD OF TOP NOTCH HOME INSPECTION TO CONDUCT APARTMENT INSPECTIONS FOR 2004. MOTION CARRIED 4-1 WITH COUNCILMEMBER DIETZ VOTING NO. 5.32003 National Pollutant Discharge Elimination System Permit Update Environmental Technician Rebecca Haug explained that the City was able to meet goals in each of the six measures for the Best Management Practices (BMPs) as required by the General Storm Water Permit and MPCA. The Council and Mr. Rohlf complimented Ms. Haug on a job well done. 5.4Consider WWTP Master Plan Proposal City Engineer Terry Maurer explained to the City Council the Wastewater Treatment Plant (WWTP) Master Plan proposal consisting of determining the sanitary sewer capacity; analyzing the pros and cons of a second Waste Water Treatment Plant; the Internal WWTP Operations Issues; Sewer Availability Charges (SAC) analysis; and evaluating the sanitary sewer collection options in the Gravel Mining area, the East Elk River area, and the Cargill area as identified in the Comprehensive Plan. Mr. Maurer answered the Council’s questions and stated that two reports would be coming back to the Council, 1) a Facility Plant Report and 2) a Collection Feasibility Study. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE WWTP MASTER WORK PLAN FROM HOWARD R. GREEN COMPANY AS PRESENTED WITH AMOUNTS TO BE PAID NOT TO EXCEED THOSE LISTED. MOTION CARRIED 5-0. 5.5Consideration of Resolution Authorizing Staff to Enter into a Contract Between the City of Elk River and Independent School District No. 728 City Clerk Joan Schmidt explained that Independent School District No. 728 will be conducting a Special Election on March 30, 2004 and has requested to use the City of Elk River’s election equipment. She distributed a contract in draft form calling the Council’s attention to the services City staff will provide and the reimbursement portion of the contract. Council felt that the contract should be clear that the reimbursement amount would only be for the City’s staff time for items 5a, 5b, and 5c as listed in the contract and to include “not to exceed” in front of the dollar amount. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT RESOLUTION 04-09 AUTHORIZING STAFF TO ENTER INTO A CONTRACT BEWTEEN THE CITY OF ELK RIVER AND INDEPENDENT SCHOOL DISTRICT NO. 728 AND CONCURRING WITH THE DRAFT AGREEMENT AS PRESENTED TO City Council Minutes Page 5 January 26, 2004 ----------------------------- COUNCIL WITH CHANGES TO BE MADE AS NOTED. MOTION CARRIED 5-0. 6. Other Business 6.1Discussion of Conditional Use Permit for County building. Mayor Klinzing explained that she had a discussion with the County Attorney and Sheriff regarding the conditional use permit (CUP) and the amendment to the ordinance regarding county buildings and that they are not happy with having to come forward for a CUP. Their main concern was the interpretation by staff earlier as to what would be necessary. The Planning Director had interpreted the ordinance that there was no need for a CUP. Council looked at this issue, discussing the interpretation given, and decided that this was outside the normal jail function and needed a CUP. The County came back questioning the decision and the need to amend the ordinance. They indicated that they wouldn’t accept the CUP process and will challenge the City. Mayor Klinzing stated that the extension to the jail is not part of a normal function and the feeling out there at the county that the Council is doing this out of spite is indeed in error. The Council is acting on behalf of the citizens of Elk River. She would like at this time to have the council reconsider the interpretation of the Planning Director; and for any future building that would be done, to require a CUP if the request does not fall within normal functions. The ordinance amendment was not published, so according to the City Attorney, the Council still has a window of opportunity and could agree with the Planning Director’s interpretation. Mayor Klinzing suggested having a public hearing but stated we could not force the County to participate. She feels the citizens need to have a say about the County building expansion, which is a large addition and not for a normal county jail function. Councilmember Motin asked why are they afraid of a CUP? He stated that in November, Council passed an amendment to the code and nothing has happened on the County’s part since. He questioned what would be the burden on them if they have to come forward with a CUP? Mayor Klinzing stated that she had heard that it would put their bond in jeopardy. Councilmember Motin questioned whether the bond would be in jeopardy and stated that the Council hasn’t said, “We would oppose the CUP, just that we would like for them to come forward.” Councilmember Tveite stated that he could see rescinding this because of staff giving them this interpretation. Councilmember Dietz stated that he is surprised at the Mayor’s position now. He felt that she was the leader in getting this process going and that the issue is that the County needs to spend some money to screen the jail from the residents. Mayor Klinzing stated that she had talked to staff at the County and they stated that they would abide in the future by what is required. She admits that if the Council changes its position, then there is not any legal authority to have a public hearing. She is hearing that the cost for them for a CUP would be about $250,000.00. City Council Minutes Page 6 January 26, 2004 ----------------------------- Councilmember Kuester stated that she felt the same way that, by having a public information meeting, we could make a record of what was said. She felt that we owe it to the citizens to have a meeting, not necessarily a public hearing, but a neighborhood meeting to keep a record of what was wanted and what was said from the citizens. It was stated that the County still hasn’t contacted the City Staff Review Committee. It was stated that the Sheriff believes that there is no problem with the neighborhood. Councilmember Motin once again inquired as to what is the burden on the County for a CUP and would this indeed affect their bond? He felt that Council should require a quorum of the County Commissioners to attend a neighborhood meeting. Mayor Klinzing will talk to the County Attorney and staff was directed to get information to County Administrator Brian Benson that the City Council is considering action, but is in need of additional information from the County as to what would be the adverse affect of going through the CUP process. 7. Staff Updates 7.1The City Administrator explained that minutes from the Special Meeting of January 20 were not in the packet for approval and had only been distributed to the City Council in draft form. He would like to distribute to staff at the following morning’s meeting and asked for comments from Council. Councilmember Motin suggested changing in the phrase “feedback and evaluation of staff” to “feedback and evaluation of personnel.” 7.2The City Administrator explained that he will not be at the February 9 meeting and that Building Administrator Steve Rohlf will have a memo regarding the Building Inspectors’ position. He wanted the Council to be aware that the top pay for current inspectors is above what our pay classification calls for and that the Council can hire at any amount they wish for the top pay. He noted that pay ranges might change when the salary study results are presented later in the year. 8. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:26 p.m. Joan Schmidt City Clerk