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06-11-2007 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, JUNE II, 2007 Members Present: Mayor Klinzing, Councilmembers Farber, Motin, and Zerwas Members Absent: Councilmember Gumphrey Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, City Engineer Terry Maurer, Street Superintendent Phil Hals, Assistant Street Superintendent Mark Thompson, Senior Planner Sheila Cartney, 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 Council Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. JUNE 4, 2007 MINUTES 3.2. LIQUOR LICENSE RENEWALS AS OUTLINED IN STAFF REPORT 3.3. TEMPORARY ON-SALE LIQUOR LICENSE FOR THE CHURCH OF ST. ANDREW 3.4. REQUEST TO CONDUCT EXCLUDED BINGO AT THE SHERBURNE COUNTY FAIR - SHERBURNE COUNTY AGRICULTURAL SOCIETY 3.5. APPOINT DEBRA MORTENSEN TO THE HERITAGE PRESERVATION COMMISSION WITH A TERM EXPIRATION OF FEBRUARY 28, 2008 MOTION CARRIED 4-0. 3. Open Mike John Houlton, President and CEO First National Bank of Elk River, thanked staff for their great job in working with residents and businesses on downtown parking issues. 5.1. Update by R]M Construction on YMCA Project Bob Jossart, Founder/Partner ofRJM Construction, outlined the bid process and timeline for the next couple months. Mr. Jossart indicated that drawings for the precast and structural City Council :NIinutes June 11, 2007 Page 2 steel require a significant amount of lead time. He explained that in order to comply with the construction schedule, the Council will be asked to approve the bid advertisement on the precast and structural steel next week. . Mayor Klinzing questioned the charges the city would be out for the drawing and construction costs if the YMCA is not constructed. Mr. Jossart stated that the cost for the drawings is between $12,000 - $13,000. He stated that the actual construction cost estimates will be distributed at the June 14 construction meeting, but that he would anticipate that costs incurred to RJM so far to be approximately $10,000 - $15,000. Mayor Klinzing indicated that the city and the YMCA have had discussions regarding incorporating energy city into the YMCA project. She questioned how successful this incorporation could be. Brian Recker, Construction Manager, indicated that they are concentrating on utilizing recycled materials for the building content but that they won't know how successful they have been until the bids come back. Mr. J ossart noted that many LEED steps have been taken but he is not sure it is practical to attempt to obtain LEED certification. Mr. J ossart noted that ice arenas and aquatic centers are not good candidates for the geothermal heating systems required for LEED certification. 5.2. Community Development Items and Development Proposals A. Possible PUD Change for Elk River Station 60-Unit Apartments - Comforts of Home Senior Communities Senior Planner Sheila Cartney indicated that staff is requesting direction on a potential Planned Unit Development change for Outlot D Elk River Station. Ms. Cartney outlined the request as presented in her staff report. She noted that Outlot D is currently approved for a 60-unit apartment building with underground parking. . Len Pratt, Pratt Homes - explained that Comforts of Home is a senior community that provides all levels of care offering independent living, assisted living, and memory care all in one building. Mr. Pratt distributed photos of the Comforts of Home development in Columbia Heights. He stated that Comforts of Home have communities in many cities in Minnesota including Hugo, Champlin, and Blaine. Discussion took place on the close proximity to the future N orthstar Commuter Rail and the traffic in the area. Mr. Pratt explained he sees the close proximity to the rail as a benefit for both residents and visitors. Councilmember Motin acknowledged the need for this type of care in Elk River but indicated that he doesn't believe this location is appropriate for memory carel assisted living due to the high traffic area. He stated that apartments would be better suited in this location. Councilmember Zerwas questioned if a shuttle would be available to transport the residents of this community to the Northstar Rail. Mr. Pratt indicated that one would be available and would make a couple trips a day. Mayor Klinzing indicated that she likes the proposal because she believes the Comforts of Home would bring less traffic to this already congested area. . . . . City Council Minutes June 11,2007 Page 3 It was the consensus of the Council for the applicant to work through the Planned Unit Development process. B. Concept Review for At'artments on Jackson - Pat Briggs Planning Manager Jeremy Barnhart indicated that staff received a concept drawing for a potential apartment/mixed use development on the east side of Jackson Street, east of Lions Park:, just north of the downtown area. Mr. Barnhart reviewed the request as outlined in his staff report. Pat Briggs, Briggs Companies, reviewed the concept drawing with the Council. Discussion took place on the previous Jackson Villas proposal. It was the consensus of the Council that they liked the streets cape and architectural integrity that the previous proposal had and would like to see similar elements incorporated into this project. Mayor Klinzing indicated that the city has enough apartments and that she prefers the Jackson Villas proposal. Mr. Briggs explained that the project has financial limitations due to the amount of soil corrections required. He indicated that townhomes are not a viable option on this site for this reason. He stated that he can work on the streets cape design. Councilmember Motin indicated that he believes the project may be premature but would like to see Mr. Briggs come back with a proposal incorporating the streets capes and architectural integrity similar to the Jackson Villas proposal. Councilmember Farber concurred. Mayor Klinzing recessed the meeting at 8:05 p.m. Mayor Klinzing reconvened the meeting at 8: 11 p.m. 5.3. Budget Discussions City Administrator Lori Johnson indicated that the length and depth of the budget discussions is at the discretion of the Council. It was the consensus of the Council to keep the discussions brief but for staff to outline any major budget changes. A. Street Department Street Superintendent Phil Hals explained that it became apparent after the heavy snowfalls last February and March that some adjustments need to be made to the snow plowing policy. Mr. Hals outlined some of the issues: Mailboxes Mr. Hals indicated that he would like to develop a policy for mailbox repair/replacement. He stated that he has been in contact with other cities and most of their policies outline that repair or replacement only takes place if the damage is a result of a direct hit to the mailbox by a city plow vehicle. Mr. Hals indicated that he would like to see mailbox requirements included in future developments. He noted that he has had conversations with the Post Office in the past and they indicated support for these requirements. City Council :Minutes June 11, 2007 Page 4 Councilmember Farber stated that he believes we should continue repairing/replacing mailboxes as we have been. He noted that if the city replaces a mailbox it should be replaced with a mailbox that meets our standards. He stated that the cluster mailboxes on Boston/ Concord have worked well. . Cul-de-Sacs Mr. Hals indicated that 27% of the snow plow complaints received last season were on cul- de-sacs. He stated that where to push and store the snow in cul-de-sacs is one of the most difficult issues. He explained that there are issues with snow being pushed into the middle of the cul-de-sac as well as if the snow is pushed on to open space in the cul-de-sac. Mr. Hals indicated that he believes that by clustering mailboxes in cul-de-sacs, ample space would be created allowing the snow to be stored around the perimeter of the cul-de-sacs, out of the roadway. It was the consensus of the Council to hold off clustering existing cul-de-sac mailboxes at this time but to cluster all future cul-de-sac mailboxes. Councilmember Zerwas indicated that he would like to see a clause added to the city's snow plowing policy stating that if a certain number of inches of snow falls, the city may not meet policy deadlines. City Engineer Terry Maurer stated that letters could be sent to some residents in cul-de-sacs outlining the snow plowing issues as they relate to mailboxes and offering to relocate the mailboxes at the city's cost and see what sort of response is received. It was the consensus of the Council to send letters. . Sidewalks Mr. Hals indicated that he would like to see a consistent policy for snow removal on sidewalks. He stated that past practice has been to only plow the sidewalks and trails that are for the benefit for the city as a whole and not those strictly used for neighborhood benefit. The Council concurred that the policy should be consistent. Residents pushing snow across city streets Mr. Hals indicated that many residents plow their snow across the city streets. He explained that liability issues arise if the snow plow drivers do not clear the reminent snow. Mr. Hals stated that it is against State Statute to push snow across a city street and questioned how this issue could be enforced. City Administrator Lori] ohnson suggested that the statute be cited in the policy. Mr. Hals reviewed other budget requests for the Street Department. He stated that they would like to hire one full-time Maintenance employee to replace Mr. Mackendanz who recently retired. Mr. Hals and Mr. Thompson reviewed the Street Department equipment/Capital Improvement Plan requests. Mr. Hals reviewed changes to Sherburne County's funding on compo sting activities. He explained that the Sherburne County Municipal Recycling Board applies for a SCORE grant annually to fund the out of pocket expenses involved with grinding brush and composting . City Council Minutes June 11,2007 Page 5 . leaves and grass clippings. He explained that the SCORE Committee is recommending a 15% reduction in funding each year until cities are totally funding their own programs. He stated that the Street Department budget includes a request for $2,000 in order to offset the reduction in SCORE funding for 2008. NIr. Hals indicated that with construction of a new public works facility several years away, pressing space issues must be addressed. He explained that the most critical space needs are for offices and a meeting area for the Parks Maintenance staff and the other for additional office space for the Street Department. NIr. Hals stated that staff would like approval to purchase two temporary office trailers; one for the park foreman's office and Park Department meeting space and the other to office the street superintendent and assistant street superintendent. It was noted that the temporary office trailers were previously approved in 2006. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE THE PURCHASE OF TWO TEMPORARY OFFICE TRAILERS FROM THE FUNDS PREVIOUSLY AUTHORIZED IN 2006 FROM THE GOVERNMENT BUILDING FUND. MOTION CARRIED 4-0. B. Tax Rate . City Administrator Lori Johnson indicated that she would like input from the Council on their target tax rate for 2008. Ms. Johnson explained that the net tax capacity (NTC) for 2008 may be substantially less that in years past due mainly due to the decrease in new development in the city. She stated that the decrease in NTC in addition to the YMCA debt will affect the tax rate which ultimately determines how much tax revenue is available for other non-debt funds, including the library and general fund. Ms. Johnson stated that for the past few years the Council has been able to keep the tax rate the same and last year decreased the tax rate slightly. Ms. Johnson questioned if the Council wanted to hold the tax rate steady again and if they wanted the YMCA levy factored in when keeping the tax at last year's amount. Council consensus was that the YMCA levy should be kept separate as the ballot question specifically stated that if approved, the YMCA project would raise taxes. Ms. Johnson explained that the YMCA levy will be based on market value not NTC. Finance Director Tim Simon reviewed tax rebate levies. Ms. Johnson noted that State Statute requires the city levy for tax rebate financing. Ms. Johnson reviewed the budget timeline. 5.4. Discuss Public Works Director Position City Administrator Lori Johnson reviewed the job description for the public works director. Ms. Johnson stated that the first step in the process to fill this position is for the Council to approve the job description and pay range. She stated that next the Council should consider if they wish to proceed with the normal hiring process or to consider NIr. Maurer's proposal. . Councilmember Motin expressed concerns with the limited background in wastewater, streets, etc that the description requires. He stated that the description seems heavily City Conncil i\1inutes Jnne 11, 2007 Page 6 oriented towards a city engineer background. Ms. Johnson explained that although not specifically outlined, experience in these other areas may be captured through the other items of experience that ate listed. She stated that the job description could be made more specific if the Council desires. . Mayor Klinzing indicated that the Council should consider whether they wish to consider Mr. Maurer's proposal for public works director or if they wish to have the public works director be a City of Elk River employee. Mr. Maurer presented his proposal as outlined in his staff report. He explained his experience and the cost effectiveness of allowing him to serve as public works director while maintaining his employment at BDM Consulting Engineers. He noted that he met with Street Superintendent Phil Hals and Wastewater Chief Operator Gary Leirmoe regarding this issue and they indicated support for him to take on the public works director position. Councilmember Farber stated he has been back and forth on this issue but it appears that accepting Mr. Maurer's proposal may be the best option for the city at this time due in part to Mr. Maurer's experience and to budget issues. Mayor Klinzing indicated that she has concerns with the public works director not being a City of Elk River employee but agreed that accepting Mr. Maurer's proposal may be the best option at this time. She stated that his experience will allow him to serve as public works director and city engineer until it is fiscally possible for a city engineer to be hired. Councilmember Motin explained that he believes the public works director position should be a city employee; however, due to fiscal constraints at this time, he would support Mr. Maurer's proposal. He noted that he would like Mr. Maurer's successor to be a city employee. . Councilmember Zerwas concurred that he would like the public works director to be a city employee; however, he acknowledged that the city is lucky to have a qualified candidate such as Mr. Maurer willing to take on the position and he believes that accepting Mr. Maurer's proposal is the best option right now. Mr. Johnson indicated that staff will work with Mr. Maurer to draft a contract to be brought back for Council approval in July. Council consensus was for the contract term to be two- years and for it to be reviewed annually. 5.5. Council Open Forum The Council had no issues for open forum. 6. Other Business Ms. Johnson stated that the Lake Orono Association has invited the Council for a boat tour of Lake Orono to view and discuss lake issues. It was the consensus of the Council to begin the July 2 meeting at 6:00 p.m. and to attend the tour immediately following the meeting. 7. Council Updates . City Conncil Minutes ]nne 11,2007 Page 7 . There were no council updates. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:38 p.m. Minute/s prepar(jed bY'a~er. ------ C//;:f.. - ---"" \ Tina Allard City Clerk . .