02-11-2008 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
• HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, FEBRUARY I I, 2008
Members Present: Mayor Klinzing, Councilsiembers Farber, Gumphrey, Morin, and Zerwas
Members Absent. None
Staff Present City Administrator Lori Johnson, Public Works Director Terry Maurer,
Police ChieFJeffBeahen, Director of Economic Development Catherine
Mehelich, Planning Manager Jeremy Barnhart, Senior Planner Sheila
Cartney, Building Inspector David Hetrick, Finance Director Tim Simon,
and Recording Secretary Jessica Miller
HRA Present Chair Wilson, Commissioners Kuestex (6:34 p.m.), Liesex, Morin and Toth
(6:34 p.m.)
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.
Pursuant to due call and notice thereof, the spedal meeting of the Elk River Housing and
Redevelopment Authority was called to order at 6:31 p.m. by Chair Wilson.
2. Consider Council Agenda
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE COUNCIL AGENDA.
MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. AUTHORIZATION TO PURCHASE THREE SQUAD CARS FOR
POLICE DEPARTMENT
MOTION CARRIED 5-0.
3. Mike
No one appeared fox open mike.
5.1. Downtown Parking Sm~y
Public Works Director TeQy Maurer presented findings from the first downtown parking
• study that was completed the second week of December 2007. Mr. Maurer indicated that
there was only one point throughout the study that the occupancy exceeded 50% and it
City Counal Minutes
Febxuary11,2008
Page 2
appeazs that the pazking stalls axe turning over more than every three hoots. He noted that •
only about 20% was long term parking. He stated that staff is scheduled to conduct the nest
study in Mazch and every three months thereafrer.
Mr. Maurer questioned if the findings were presented in an understandable format. Council
consensus was that future findings should be provided to the Housing and Redevelopment
Authority and the Cite Councl as information in their packets and should only come back
for discussion if trends show that the parking demand is substantially increasing.
There being no other business, Chair Wilson adjourned the special meeting of the Housing and
Redevelopment Authority at 6:43 p.m.
6. Wotksession
6.1. Highway 169 Land AcgL5ltlo~T}
City Admirdstratox Lori Johnson explained that MnDOT's polity is to determine property
values at the time MnDOT obtains the property, not the value at the time the City purchased
the property. Ms. Johnson indicated that since there is no timeline for beginning the project
and the eazly acquisition needs to be funded by the City, early acquisition does not appeaz to
be to the City's advantage at this time. The Council concurred.
G.2. Public Works egisladve Update
Public Works Director Terry Maurer provided a Legislative update to the Council as
outlined in his staff report Mr. Maurer questioned if the Council would like him to represent
Elk River at the Transportation Day at the Capitol where he will have an opportunity to •
meet with legislators and indicate to them what the City Council would like to see out of the
legislature regarding transportation funding.
It was the consensus of the Council for Mr. Maurer to attend Transportation Day on behalf
of Elk River. The Councl would like Mr. Maurer to cotrvey to legislators that Elk River
would like something done to in«ease transportation funding but not to discuss the City's
views on specific bills.
Ms. Johnson distributed a resolution that was received from the League of Minnesota Cities
Friday afternoon. She indicated that the League would like each City Council to adopt the
resolution in support of comprehensive road and transit funding. The Council would like the
resolution placed on a future agenda.
6.3. Request by Hi Develooment to Amend Condition of Pla for Carson Street
Planning Manager Jeremy Barnhart explained that the Cazsoti Street Station plat contains a
condition that limits the p.m. peak hoax trips generated by the business to 330. He stated
that Gary Janisch of HJ Development has indicated a desire to amend this condition,
in«easing the number of trips generated
Gary Janisch, HJ Development -explained that the trip limitation has created a hazdship
on the development making it difficult to lease the property. Mr. Janisch further explained
that an actual trip count generation was conducted the week before, the week of, and the
meek after Thanksgiving, by Wenck Assoaations which found that the actual trip count
from the tenants in place was considerably less than the manual during one of the busiest •
times of the year. Mr. Janish outlined three proposed options fox Council review. He stated
City Couaal Minutes
Febmary 11, 2008
Page 3
that he would hope that the Mayor and Council would at a minimum approve Option C but
• would prefer Option B or Option A.
Coundhnember Fazber stated that he was in support of the restricted trip counts but he
frequents the development and has not witnessed much of a problem. He stated that he is
open to increasing the counts.
Councilmember Gumphrey referred the issue to Police Chief Beahen. Chief Beahen
indicated that there have been no accidents associated with the intersection since the
development opened. He noted that rush hour at the intersection is a problem but he does
not feel that the traffic count increases that aze being discussed are significant enough to
affect the traffic patterns.
Councilmember Morin stated that he is willing to look at Option A as he believes the traffic
counts will end up being self regulating because if the traffic is heavy people will leave.
Council consensus was they aze in support of amending the traffic counts for the plat as
outlined in Option A. The applicant will complete a formal application process.
6.4. Code Enforcement Update/Pla_
City Administrator Lori Johnson indicated that staff has been working on various
components of code enforcement including meeting with prosecuting attorneys to work
through court issues, reviewing ordinances and procedures for possible changes to improve
the process and provide more enforcement tools, and by dedicating additional staff tone to
• enforcement. Ms. Johnson explained that Senior Planner Sheila Cazmey has served as the
staff lead in organizing the code enforcement program and in training Building Inspector
Dave Hetrick on code enforcement. She explained that Mr. Hetrick spent part of the time in
2007 conducting building inspections and part of the time on code enforcement. Ms.
Johnson indicated that this worked in 2007; however, now that the system is progressing and
enforcement will be mote proactive, additional staff time is needed. She stated that the 2008
Building Department budget includes a code enforcement officer for approximately 1300
hours but due to the slow down in building activity, staff is proposing that Mt. Hetrick be
placed in the code enforcement position full time effective April 1, 2008 in lieu of hiring an
additional code enforcement officer.
Senior Planner Sheila Carmey explained that staff is seeking authorization to research and
update ordinances involving grass height, administrative citations, and dumpsters in
residential districts in addition to a defined priority of ordinances to enforce.
Ms. Cazmey outlined the current timeline fox handling code enforcement violations.
GramGrarr Heivhd
Ms. Carmey indicated that the City has adopted the International Properly Maintenance Code
which requires the City to deride the length of grass they wish to enforce. She stated that last
peaz the IPMC dictated the grass length at 10"; however, this year the code indicates the City
must dictate the length they wish to enforce. She stated that 8" is an avezage among other
dries. It was the Council consensus to enforce 8" maximum grass height.
Mayor I{linzing asked why staff does not attempt to make personal contact with the
• homeowner as she believes some of the violations may be simply due to ignorance of the
codes. Mr. Hetrick indicated he would like to knock oa the door at some houses and inform
City Council Miautes
February 11, 2008
Page 4
the people of the violation and let them know of the process. Mr. Hetrick noted that he •
would use his best judgment on whether or not to approach a house. Staffs personal safety
was discussed but the Council agreed that Mx. Hetrick should only approach a residence if
he does not feel his safety is in jeopardy and that the contact should be followed up with a
violation letter that is mailed the same day contact was made.
~dminirtrative Cat~tionr
Ms. Cartney explaiaed the current violation process again and stated that it is not effective.
She stated that if the violation goes to court the homeowners receive a small penalty but in
many cases are not ordered to rectify the violation. Chief Beahen indicated that he has
spoken with judges and court personnel who would prefer that code enforcement violations
aze handled at the City level through administrative dtations.
Ms. Cartney stated that staff would like authorization to research and put together an
ordinance addressing administrative dtations. She noted that fees would have to be
determined as well as an appeal process. Council consensus was for staff to pxepaze an
ordinance.
Ms. Carmey noted that staff does work with homeowners who aze attempting to bring the
property into compliance by extending deadline if good faith effort is shown. Mayor
Klinzing added that community groups ate also available that can assist if the homeowner
desires. She stated that Faith in Action is one example.
Dum~rterr an R .ridentia! zrtri~
Council would like staff to bring back an ordinance addressing this issue.
,r
u
Ms. Cazmey reviewed a list compiled by staff of priority ordinances for enforcement and
questioned if Council concurred with the list ox if they had any additions. Emergency vehicle
addressing issues and portable canopies were added to the list. Mayor Klin>ing added that
she would like staff to work on educational efforts and informing neighborhoods of
common problems in their azea. Chief Beahen noted that citizen expectations of what
should be enforced will vary from neighborhood to neighborhood. He indicated that the
Police Department plans on developing a brochure helping to educate residents on common
code addressing the link between code issues and public safety.
Mayor I9inzing recessed the meeting at 7:56 p.m. The meeting reconvened at 8:05 p.m:
G.S. Benefits fox Department Heads
Ms. Johnson presented hex staff report She explained that she believes it is important to
retain key upper management employees and that offering some additional benefits may
provide some incentive to keep them here. She expressed concerns over an incentive for one
group becoming the opposite fox another as she is interested in retaining outstanding
employees at all levels. Ms. Johnson stated that in reseazching other sties she found that
most tides choose to use an egalitarian system where all employees receive the same
benefits. She stated that the few dries that offer more to uppu management offer a small car
allowance or additional vacation time that may be cashed in at the end of the peaz if not
used She stated that in addition to those just outlined, the options aze somewhat limited to
additional health related 'contributions. Ms. Johnson noted that another option and one way •
to offer an incentive to keep highly valuable employees throughout all levels would be to
City Council Minutes
February 11, 2008
Page 5
look at the City's severance pay polity. She stated that this is a benefit that lags fax behind
• other cities and Elk River Municipal Utilities.
Councilxnember Farber indicated that the City department heads used to have contracts and
he would like to see that come back. He stated that he is not interested in discriminating
against any employee as Elk River has outstanding employees at all levels but he feels we
need to do something to retain and recruit upper management employees. He stated that Elk
River is just outside of the metro azea but we do not pay as well as the metro. He noted that
he is not interested in redoing the pay plan and believes contracts may be the way to
negotiate additional benefits fox upper management employees. Councilmembex Gumphrey
concurred that contracts should be used for future department head hires.
Chief Beahen reviewed Brooklyn Park's negotiation process. He suggested that the Council
look at implementing something fox future department heads.
Ms. Johnson indicated staff is willing to implement whatever procedure the Council wants as
an incentive to upper management. She explained that terms of employment axe currently
and have always been negotiated with department heads within the constraints of the pay
plan and that a formal contract is not necessary in order fox negotiations to take place. Ms.
Johnson also noted that one of the most important things that can be done to retain
employees is for the Council to be supportive of staff.
Councilmember Zexwas indicated that he does not believe that official contracts aze
necessary but that negotiations should take place on an individual level when department
heads are hired. He noted that he does not believe one benefit plan would be the solution
• fox all department heads. Councilmembex Gumphrey concurred. Ms. Johnson explained
that staff currently negotiates with individual department heads upon hire.
Counciknembex Fatber stated that he would still like to look at providing additional benefits
to existing depaztment heads.
Council consensus was fox staff to review the severance pay fox all employees and continue
the current practice of negotiating individually with department heads upon hire.
6.6. Council Open Foram
Councilmembex Motia indicated that he met with Sheldon Strom, Executive Director of the
Center for Energy and Environment. He explained that he and Ms. Strom discussed the
Minnesota Energy Challenge and Ms. Strom would like to speak with a representative from
the Energy City Commission. Mayor I{linzing stated that she believes the Commission has
met with Ms. Strom before but she will have someone contact hex.
Other Business
There was no other business.
8. Council Updates
Councilmembex Farber indicated that he met with Parks and Recreation Director Bill Maertz
and Parks and Recreation Commission Chair Jim Nystrom to discuss the park referendum.
He stated that Mr. Maertz and the Parks and Recreation Cormmission agree with the
previous discussion held by the Council at the planning workshop.
• Councilmembex Zerwas questioned if Councilmember Farber would like someone to replace
him as Council Liaison to the Parks and Recreation Comxission. Councilmember Fazber
City Council Minutes
February 11, 2008
Page 6
indicated that he currently serves as liaison on three commissions and would appreciate a •
replacement.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPOINT COUNCILMEMBER
ZERWAS AS COUNCIL LIAISON TO THE PARKS AND RECREATION
COMMISSION TO FULFILL COUNCILMEMBER FARBER'S UNEXPIF
TERM UNTIL DECEMBER 31, 2008. MOTION CARRIED 5-0.
9. Staff Updates
Ms. Johnson indicated that the YMCA has requested additional office space at City Hall in
order to house two more employees until August. Ms. Johnson stated that there is a spare
office available and there would be no cost to the City as the YMCA would supply the of&ce
furniture. Council consensus was to provide the additional space.
Ms. Johnson stated that Chief West recendy completed his term as President of the
Minnesota Fire Chiefs Assodation. She stated that the Elk River Fire Department is featured
on the cover of the Minnesota Fire Chief magazine. Ms. Johnson read a letter from Senator
Wergin congratulating Chef West and the Elk River Fire Department on a great photo and
expressing hex gratitude fox the great job the Fire Department does.
10. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River •
Ciry Council at 8:35 p.m.
Minutes prepared by Jessica Miller. ,.~
~' /
Tina Allard
City Clerk
C J