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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