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02-05-2007 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 5, 2007 Members Present: Mayor Klinzing, Councilmembers Zerwas, Farber, Gumphrey, and Motin Members Absent: None Staff Pres en t: City Administrator Lori Johnson, Finance Director Tim Simon, Community Development Director Scott Clark, Fire Chief Bruce West, City Engineer Terry Maurer, Environmental Administrator Rebecca Haug, Planning Manager Jeremy Barnhart, City Attorney Peter Beck, and City Clerk Tina Allard 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 6:55 p.m. by Mayor Klinzing. 2. Consider 02/05/2007 Agenda Mayor Klinzing added: · Discussion on the RFP for a construction manager for the YMCA project · LMC Resolution regarding transportation funding. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda Councilmember Motin requested two changes to the January 16 minutes: · Item 5.5., Condition 13 to read, "Ten percent of the pumps shall be E85 fuel when the fuel dispenser is approved by UL." · Item 5.7., The Planning Commission Workshop date corrected to January (not February). MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES. · 01/08/07 REGULAR. · 01/08/07 EXECUTIVE SESSION. · 01/16/07 REGULAR WITH CHANGES NOTED ABOVE. · 01/29/07 SPECIAL. 3.2. CHECK REGISTER. 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.4. SOLID WASTE COLLECTION LICENSES AS OUTLINED IN THE STAFF REPORT. City Council Minutes February 5, 2007 Page 2 3.5. RENEWAL OF FIREWORKS LICENSE FOR RETAIL SALES TO COBORN'S INC. VALID THROUGH FEBRUARY 5, 2008. 3.6. A QUOROM OF COUNCIL AND BOARD AND COMMISSIN MEMBERS WILL BE ATTENDING A VOLUNTEER APPRECIATION DINNER ON FEBRUARY 22, 2007, AT 6:00 P.M. AT ROCKWOODS, BANQUET AND CONFERENCE CENTER, 9100 QUADAY AVENUE, OTSEGO. 3.7. TEMPORARY 3.2. PERCENT MALT LIQUOR LICENSE FOR ELK RIVER AREA CHAMBER OF COMMERCE VALID JULY 4,2007, CONTINGENT UPON RECEIVING LIABILITY AND DRAM SHOP INSURANCE. 3.8. TEMPORARY ON SALE LIQUOR LICENSE TO THE ELK RIVER ROTARY VALID MAY 17, 2007. 3.9. TRANSIENT MERCHANT LICENSE TO JAMES ZIMMERMAN, ZIMMERMAN'S TREE AND YARD LANDSCAPING. 3.10. TRANSIENT MERCHANT LICENSE TO SHIRLEY MADLAND TO SELL FLOWERS FROM THE PARKING LOT OF CHARLIE BROWN'S SHELL STATION DURING HOLIDAY WEEKENDS IN 2007. 3.11. AUTHORIZATION TO APPLY FOR A DNR LOCAL TRAILS CONNECTION GRANT. 3.12. MASSAGE THERAPIST LICENSE TO AMANDA LARSON VALID AT SALINA SALON AND DAY SPA ON THE CONDITION THAT SHE SUBMIT A COPY OF HER DIPLOMA BY APRIL 1,2007, OR THE LICENSE WILL BECOME VOID. 3.13. FILL THE ADMINISTRATIVE SECRETARY POSITION THROUGH AN INTERNAL TRANSFER BY JENNIFER JOHNSON WITH NO CHANGE IN PAY FOR 2007. 3.14. HIRE JEFFREY SCHMATZ AS A PART TIME CUSTODIAN AT PAY GRADE 1, STEP A ($11.54 PER HOUR) EFFECTIVE FEBRUARY 12, 2007. 3.15. RELEASE OF FUNDS IN THE AMOUNT OF $15,000 TO THE ELK RIVER AREA ARTS ALLIANCE. 3.16. CONTINUE WITH RECYCLING REBATE FOR FISCAL YEAR 2007 AT THE AMOUNT OF $25 AND REQUIRING RESIDENTS TO PROVIDE THEIR UTILITY ACCOUNT INFORMATION. 3.17. PURCHASE OF TWO PICKUP TRUCKS AND RELATED ACCESSORIES IN THE AMOUNT OF $51,575. MOTION CARRIED 5-0. 4. Open Mike Noone appeared for Open Mike. 5.1. Request by Dominium Corp. for Housing Revenue Bond Mr. Clark stated the applicant is requesting authorization for the city to issue a 30 year tax exempt housing revenue bond in an amount of $2.5 million. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-13 RECITING A PROPOSAL FOR A MULTIFAMILY HOUSING DEVELOPMENT PROJECT, City Council Minutes February 5, 2007 Page 3 INDICATING PRELIMINARY INTENT, SUBJECT TO CERTAIN CONDITIONS, TO ASSIST THE FINANCING OF THE PROJECT PURSUANT TO MINNESOTA STATUTES, CHAPTER 426C (BIRCHWOOD COURT APARTMENTS PROJECT) AND APPROVING THE PROGRAM FOR FINANCING A MULTIFAMILY RENTAL HOUSING DEVELOPMENT. MOTION CARRIED 5-0. 5.2. Pavement Management Program 2007. Public Hearing (Irving Avenue) Mr. Maurer reviewed the following for this project: . Affected proj ect area. Irving Avenue narrowed to 32' standard width. 5th, Gates, and Holt left at the 28' width due to restricted right-of-way. Proposed sidewalks and past city policy. Recommend against paving the alleys due to cost and limited usage. Street lights according to Elk River Municipal Utilities policy. Estimated project costs of $3,248,400 and assessments of $6,650 per residential parcel, plus the additional mill and overlay assessment. . . . . . . Mr. Maurer stated if property owners have more than one parcel adjoining each other, they could be combined as one parcel at Sherburne County and this would reduce the assessment to one residential unit. He stated two-thirds of the project will be funded by the city. Mayor Klinzing opened the public hearing. Wally Fox, 514 51/2 Street-Submitted a petition and stated he was against additional sidewalks included in the project. Roger Ostby, 535 Holt Avenue-Stated he is against construction of a sidewalk on the west side of Irving Avenue. Alberto Sanudo, 13416 Riverview Drive-Questioned how he would be assessed for the project. Mr. Maurer stated the calculation is not based on the amount of frontage a property owner has but they will be charged for each residential unit they own. Don Edwards, 621 Irving Avenue-Stated he is concerned with moving the sidewalk further from the street than the current location due to snowplows and parked cars. He stated he is okay with the sidewalk on the east side of Irving Avenue. He stated the school buses create extra damage on the streets and should have to have some responsibility to fIx the streets. Paul Zabee, 523 Irving Avenue-Stated that in order to preserve the old trees and character of the neighborhood, he doesn't want the sidewalk on the west side of Irving Avenue. Jim Sklenicka, 718 Jackson Avenue-Stated he is glad the alleys will not be paved. John Lundemo, 729 Irving Avenue-Stated he is opposed to a sidewalk on the west side of Irving Avenue. Mayor I<Jinzing closed the public hearing. City Council Minutes February 5, 2007 Page 4 Councilmember Gumphrey questioned if the assessments will change if the 4 inch pipe needs to be changed out. Mr. Maurer stated no and the funding would be the responsibility of Elk River Municipal Utilities. Councilmember Farber stated work should be done on the alleys if not paved. Mayor Klinzing questioned the funding for this project as it was higher than she expected. She questioned how 193rd Avenue corridor would be affected. Mayor Klinzing stated she wants to make sure the city is not overextending itself due to the number of road projects being funded by the city at this time. Ms. Johnson stated the city will issue bonds and the funds to repay the bond will come from the street reserve and the tax levy. She stated that due to the condition of the streets in this project if the project is delayed, it will cost more because of the additional deterioration of the streets. The city may have to put some future projects on hold for a few years because of the size of the 2007 Street Rehabilitation project. She stated this project will not affect MSA funded projects such as 193rd Avenue. Councilmember Farber stated this project is necessary as the area has been neglected for sometime. He stated he is fine with having one sidewalk on Irving Avenue. Councilmember Gumphrey recommended keeping the sidewalk on the east side of Irving Avenue and questioned why Mr. Maurer is recommending both sides. Mr. Maurer stated he recommended both sides due to the downtown visioning the HRA is working on for an area south of this improvement project. Councilmember Morin questioned if the sidewalk could be added to the west side of Irving at a later date. Mr. Maurer stated it could be done later and the only change in construction would be that the curb lines would have to be rebuilt. A. Resolution Ordering Improvement & Preparation of Plans and Specifications MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-14 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. B. Resolution Approving Plans/Specifications & Authorizing Advertisement for Bids MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-15 APPROVING THE PLANS AND SPECIFICATION AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE IRVING AVENUE City Council :Minutes February 5, 2007 Page 5 AREA STREET REHABILITATION IMPROVEMENT OF 2007 WITH THE FOLLOWING RECOMMENDATIONS: 1. NO BLACKTOP OF THE ALLEYS SHALL BE DONE BUT SOME IMPROVEMENTS WILL BE MADE TO THEM. 2. KEEP ONE SIDEWALK ON EAST SIDE OF IRVING AVENUE WITH THE LOCATION TO BE DETERMINED AFTER A WALK- THROUGH WITH THE ENGINEER. MOTION CARRIED 5-0. C. Resolution Determining Assessed Cost/Preparation of Assessment Roll MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-16 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. D. Resolution Setting Assessment Hearing Date MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 07-17 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. The Council took a five minute break at 8:00 p.m. 5.3. Consider Changes to Investment Policy Mr. Simon reviewed proposed changes to the city's investment policy as outlined in the staff report. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AMENDMENTS TO THE INVESTMENT POLICY AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 5.4. Consider Garbage Contracts for City and Residential Garbage Service Ms. Haug discussed the contract proposal between the city and the garbage haulers for garbage service in Elk River. She stated the haulers are requesting a 2.9% increase in 2008 in order to offset the recent increased costs for fueL Mayor Klinzing questioned the subsidy provided by Sherburne County. She further questioned why the haulers use the RDF Plant. Ms. Johnson stated she doesn't recall the city receiving any subsidy from the county but there is a tipping fee that is charged. City Council Minutes February 5, 2007 Page 6 Jim Wollschager Representing Randy's Sanitation-Stated state law requires public entity waste be handled in the highest possible manner and this is why they utilize the RDF Plant. Councilmember Motin questioned how the townhome association with the snowbirds would be affected. Ms. Haug stated the association takes care of all the billing for the townhomes and they need to amend their bylaws. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE INCREASE TO RANDY'S SANITATION AND ALLIED WASTE SERVICES AND EXTEND THEIR CONTRACT TO 2012. MOTION CARRIED 5-0. 5.5. Authorization to Award Bid for Fire Department Tanker Chief West discussed the two bids that were received for the purchase of a tanker for the Fire Department. He stated the bid from Clarey's Safety Equipment was lower but was missing many of the items that were required in the bid specifications. He further stated Clarey's bid included a 2006 pre-emission chassis whereas Midwest Fire Equipment's bid included a 2008 post emission chassis that increased the cost by $8,000. He stated he talked with both bidders regarding their submitted bids and recommended the bid by Midwest. Mr. Beck stated Clarey's was non-responsive regarding the bid specifications. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ACCEPT THE BID FROM MIDWEST FIRE EQUIPMENT IN THE AMOUNT OF $177,181. MOTION CARRIED 5-0. 5.6. Discuss Council Worksession Agendas Consider Motion Cancelling Regular City Council Meeting Scheduled for February 12. 2007 Ms. Johnson suggested discussing topics for a future joint meeting with the school board. Councilmember Motin stated he would like to see the possible alignments for the road that will connect from County Road 22 to County Road 33. Councilmember Farber stated he would like to discuss the Transportation Plan at a future worksession. He would like to discuss the prioritization of projects and where the city is at with the Plan. Mayor I<linzing stated there should be a discussion on the gravel pits and its timeline for future development. Mr. Barnhart stated he could give an update on this at the April worksession. Councilmember Zerwas suggested the Council have a retreat to discuss long-term planning and goal-setting. City Council :Minutes February 5, 2007 Page 7 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO CANCEL THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR FEBRUARY 12,2007. MOTION CARRIED 5-0. The Council recessed the regular meeting of the City Council and announced they would be moving to the Upper Town Conference Room for the worksession portion of the meeting. The Council took a five minute break at 8:35 p.m. 6. WORKSESSION 6.1. Request by Steininger for Overlay/Zoning Change for Mineral Excavation Ms. Haug stated Mr. Steininger is requesting to extend the mineral excavation overlay district. She asked for Council direction because the subject parcel is not in the overlay district and was not included in the 1994 Environmental Impact Study. Councilmember Motin questioned the time length that would be required for the mining operation. He questioned if an interim use permit could be granted. He stated he is concerned the city can't remove the property from the overlay district once it is granted. Mr. Beck stated an interim use permit could be granted but the city could not do an interim rezoning. Mr. Steininger stated they believe they can be done mining in approximately 15 years. Ms. Haug stated Bauerly's permit is good for 10 years but she was unsure about the Schuer andJ&B mines. Mayor I<linzing stated concerns for residents in the area regarding the truck traffic. She stated the Council is already aware of this issue with Bauerly. She questioned what would stop the mine from using 225th Avenue. Councilmember Farber stated adding more traffic to 225th Avenue and TH 169 would be dangerous and is not a good solution. Mr. Beck stated the mine could be regulated by the Haulers license. He stated the time of day for truck traffic and the number of trucks could be restricted. He stated the license could be revoked if the applicant didn't follow the conditions set by the city. Mayor I<linzing expressed concerns with enforcement. She stated the applicant would have to pay a gravel tax. Councilmember Motin stated if the transportation issues could be worked out he would be willing to move forward with looking at this in more detail. Councilmember Zerwas stated he is concerned with the timing of this request. He stated the intersection of 225th Avenue and TH 169 is already overloaded and finds it difficult to agree to add more trucks to it. Councilmember Gumphrey stated he would consider moving forward with the application process if a different route could be found for the truck traffic. City Council Minutes February 5, 2007 Page 8 It was noted that the trucks hauling from Livonia Township come down to Elk River and use the 22Sth Avenue and TH 169 intersection. It was the consensus of the Council to have staff review the transportation issues, options for traffic to go north, and the times of day for operation. 6.2. Community Development Discussion with Scott Clark 1. Mr. Clark noted the rapid changing of billboards in the state due to the rapidly changing technology of billboards. He asked the Council for direction on this issue. Councilmember Gumphrey expressed safety concerns for traffic. He expressed concerns about the amount of information being flashed on the billboards. Councilmember Motin stated he is concerned that the billboards are allowed for a business purpose and then are being utilized for other purposes and not for the business. Mr. Beck stated the Council could pass a moratorium at tonight's meeting and come back at the next meeting with a more formal resolution for the moratorium. He stated the moratorium could be valid for up to one year. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO PUT A MORATORIUM ON THE RETROFITTING OF BILLBOARDS AND ON THE CONSTRUCTION/INSTALLATION OF NEW BILLBOARDS BUT TO ALLOW THE REPLACEMENT OF IN-KIND BILLBOARDS UNTIL FEBRUARY 20, 2007 WHEN A MORE FORMAL MORATORIUM RESOLUTION CAN BE ADOPTED. IN ADDITION, THE RESOLUTIOLN SHOULD INCORPORATE THE OPTION OF PLACING A MORATORIUM ON ON-PREMISE SIGNS AS DEFINED IN THE CITY'S SIGN ORDINANCE. MOTION CARRIED 5-0. 2. Mr. Clark asked the Council how they would like code enforcement issues handled. He stated the city could get Request for Proposals to have a company handle abatement issues. He stated it would be good to separate the code enforcement actions from the city. He stated staff could come back to Council with an informational memo listing the violations prior to acting on them. Staff would act on those listed in the memo unless the council requested that the violation be discussed at a council meeting. Mr. Beck stated it would be good to bring these to Council prior to acting on them. He stated this will make the Council aware of the issue as there have been concerns due to the sensitivity of some issues and costs. The Council concurred. Mr. Clark asked the Council if staff should be proactive or reactive on addressing code enforcement issues by either waiting for a complaint to come to them or by reporting violations they themselves see. City Council J'vIinutes February 5, 2007 Page 9 Councilmember Motin stated if there is a major violation that staff becomes aware of, it should be brought to the Council's attention. He stated he wouldn't expect staff to look for and report every violation. Councilmember Motin questioned if the Elk River Ford sign is complying with the city ordinance. He questioned if a business sign can be allowed to advertise for things such as charities. Mr. Clark stated there isn't anything in the city's ordinance that prohibits this type of messages. He stated the sign is in violation in regards to the animation displayed on it. Mr. Beck stated the type of business advertising used on the sign could be regulated by the city but the commercial messages could not. Councilmember Zerwas stated Elk River Ford pleaded to have the sign because they were changing the entrance to their business and needed to add the sign to keep their business name in the public. He stated he has never seen them advertise any pricing related to their business. Mayor Klinzing stated the city could disallow these types of signs from Elk River. Councilmember Motin suggested regulating the way the sign is utilized such as cutting out animation, limit the time messages can scroll; limit how often the message changes, etc. 3. Mr. Clark discussed whether Council had concerns relevant to staff's recommendations in their Request for Council action forms. He explained the process staff uses to make their recommendations to the Council. He stated staff would like direction regarding some of the policies of the city, such as the Natural Resources Inventory (NRI). He stated this policy is used by staff as part of their comments in their recommendations but is unsure of Council's support of this working policy as this has not been formally adopted. Councilmember Farber stated he believes it is important to hear staff opinions. Councilmember Zerwas concurred with Councilmember Farber. Mayor Klinzing stated it is important to hear staff's recommendations but she stated staff should not be trying to determine the Council's intentions when an applicant comes to the city. She expressed concerns regarding costs to applicants. Councilmember Motin concurred. He stated staff tries to bend over backwards too much to fit the applicants request into the ordinances. He stated concerns with some of the findings used for certain applications. Councilmember Motin stated staff recommendations are important and if there is opposing viewpoints among the staff, the Council should also be aware of them. Mr. Beck stated there should be a main staff recommendation but it could include considerations, such as the viewpoint of other staff members. He stated it is outstanding that this Council would want staff's opinions. City Council Minutes February 5, 2007 Page 10 Councilmember Gumphrey stated it is important to work with staff on a daily basis and it is important to get feedback. He stated the information from staff is important. Councilmember Gumphrey stated the city needs to come up with a plan on how to utilize the NRI. Mayor Klinzing stated there are a wide range of Council opinions on how to utilize the NRI and something needs to be done with it. She stated staff should not be interpreting the NRI. Councilmember Gumphrey suggested that staff have a worksession and come back to Council with ideas. Mayor I<Jinzing stated concerns with some ordinance amendments (such as the wetland buffer) coming before Council without getting Council's consent as to whether they are interested in adding it to the city's ordinances. She stated staff shouldn't guess as to what the City Council wants. She stated they need to approach Council with ideas prior to moving forward with them so Council can discuss whether they want to move forward with an item. Mr. Beck suggested a similar process be followed as with the previous item regarding code enforcement. The Council could be sent an informational memo and let staff know the process to follow. Councilmember Zerwas stated he sees the difficulty for staff because they have to approach many different boards who all have a different set of ideas of what they want to see. 4. Mr. Clark stated he would like to get the commissions all on the same page as far as what direction the Council would like them to go. He stated the Planning Commission feels there is a disconnect between themselves and the Council. He stated the Commission would like an opportunity to meet and discuss with the Council the direction they need. Councilmember Gumphrey stated it was a good idea but expressed concerns with having meeting upon meetings. He stated if the Council could get a list from staff, they could review the list and discuss it. Mr. Clark stated the Commission doesn't have an understanding of what the Council wants. He stated it is important to have clarification of roles and to have a discussion with the Commission. He stated each community deals with Planning Commissions differently. Mayor I<Jinzing stated the she would like to deal with issues as they come to the attention of the Council. She stated if the Council has an issue they would like the Commission to address, then Council will delegate it. She stated the Planning Commission could suggest to the Council items they have an interest in pursuing but they need to understand that the Council could say no. She stated the lines of authority need to remain clear. Councilmember Motin suggested meeting with the Planning Commission once a year. He stated he has tried to meet with Planning Commissioners on a one-on-one basis but he has never gotten interest with the exception of one commissioner. He stated the Commission doesn't bring any discussions up at their meetings regarding Council input. He stated the Council could review their work schedule to determine what they should be working on. City Council Minutes February 5, 2007 Page 11 Mr. Beck stated Planning Commissions play an advisory role and it is not wrong for Planning Commissioners to give their opinions and recommendations based on the city's policies and ordinances. He stated the Commission has a certain responsibility they need to undertake but the Council has every right to say no. Mayor Klinzing stated it can be confusing for the applicant with all the differing opinions. Mr. Clark reviewed the future work plan for community development. 6.3. Board and Commission Update and Discussion Ms. Allard stated interviews for filling open seats on boards/commissions was supposed to be at tonight's meeting but has been postponed due to the lack of applications received. She requested Council direction on how to proceed with the appointment process. Mayor I<linzing stated this seems to be an issue every year and suggested reducing the size of the commissions to five. She stated the city has heavily advertised to fill these positions. She questioned why there needed to be seven members on commissions. Mr. Beck stated that to reduce the size of the Parks and Recreation Commission a four- fifths vote of the Council is needed. Councilmember Gumphrey suggested the Council review commission size in 6-12 months. Councilmember Motin expressed concerns with the Energy City commissioners not attending their meetings. Mayor I<linzing stated the commission is working on this issue. She stated this body was not a commission before and now that they are a commission they are working on attendance issues. Mr. Beck stated the city could phase in reducing of commission sizes. Mr. Beck noted that expired commissioners stay on the commission until a replacement had been appointed. It was the consensus of the Council to review the commission terms mid-year. Direction was given to re-advertise for all the boards and commissions for a month and consider filling the open seats in April. 7. Other Business YMC4 Update Ms. Johnson stated the YMCA would like to go out for Request for Proposals to hire a construction manager for the project. Action is requested now in order to keep the project on the YMCA's schedule. Councilmember Gumphrey stated concerns with a construction manager and questioned why a general contractor isn't being considered. City Council :Minutes February 5, 2007 Page 12 Ms. Johnson stated the YMCA is pushing for the construction manager. She stated the city has had more success with a general contractor than with construction managers on past city projects. She stated the YMCA feels they can get better pricing with a construction manager and would prefer a construction manager at risk. She stated the bidding requirements don't allow the construction manager at risk. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO HAVE A GENERAL CONTRACTOR MANAGE THE YMCA PROJECT. MOTION CARRIED 5-0. IMC Resolution Ms. Johnson handed out a sample resolution drafted by LMC that requests transportation funding from the legislature and the governor. She requested that the Council review it and bring back to staff with direction on whether to send it out or make any changes to it. Personnel Matter Councilmember Gumphrey requested a closed meeting of the Council to discuss a personnel matter. Mr. Beck suggested that Councilmember Gumphrey talk with Ms. Johnson in order to determine if the matter would fall under the closed meeting classification according to the open meeting law. Board of Equalization and Appeal Mayor Klinzing requested the Board of Equalization and Appeal meeting be moved to a different date due to many Councilmembers being out of town. Staff will work with the county and Council to determine an alternative date. Sister City Mayor Klinzing stated there is a request from a city in Germany to have a Sister City relationship. She stated that according to the 2000 census, Elk River has a 44.4% German heritage. She stated she could do more research into the program if the Council is interested. Councilmember Motin stated he tends to not support the Sister City program but would be willing to find out how much involvement would be needed. e e e City Council Minutes February 5, 2007 GRE Update Ms. Johnson stated the Great River Energy proposal will be presented to Council on February 20. Tinklenberg Group Page 13 Councilmember Gumphrey stated he would be in Washington on the weekend of March 24 and requested contact with the Tinklenberg Group while there. 8. Council Updates There were no Council UpdaLes. 9. Staff Updates There were no Staff Updates. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River ~t~p.m. Tina Allard City Clerk