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11-22-2004 CC MIN - SPECIAL SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 22, 2004 Members Present: Mayor Klinzing, Councilmembers Dietz, I<:'uester, Morin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, Finance Director Lori Johnson, Director of Planning Michele McPherson, City Engineer Terry Maurer, Fire Chief Bruce West, Liquor Store Manager David Potvin, and Recording Secretary Jessica :rv1il.ler Also Present: Planning Commissioners: Dana Anderson, Pete Lemke, Leo Offerman, Howard Ropp, Brad Stevens, Kevin Scott, and Matthew Westgaard 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. Request by Roth Development for a Conditional Use Permit to Construct Banking- Facilil;y (US Banki Elk Ridge Center- Case No. CU 04-30 Director of Planning Michele McPherson stated that the City Council tabled the request by Roth Development for one week so that the Brent\Vood residents would have more time to gather their thoughts and provide some solutions to the concerns regarding signage, lighting, landscaping, and transportation noted in the Brentwood Owners United (BOU) letter dated November 15, 2004. Ms. McPherson indicated that Jon Hempel of Hempe1 Properties contacted the property owners and that according to a letter received today, the landscaping and lighting issues have been resolved. Antonio Luciano, 19757 Irving Street - complimented Jon Hempel of Hempel Properties for taking the initiative to contact d1C property owners regarding their concerns and for replying quickly on the issues. 1vf.r. Luciano reviewed the remaining transportation concerns that the Brentwood Owners have. Jon Hempel, Hempel Properties - stated that an agreement has been reached with the property owners regarding landscaping, signage, and landscaping issues. Mr. Hempel indicated that he feels that the transportation issues have been properly addressed by the city. Mayor Klinzing stated that she appreciates the comments brought forward by the Brentwood Owners United and that their points were taken into consideration but believes that the traffic analysis was well done. The validity.of the traffic study was questioned by the property owners because "fast food with drive thru window" was used as one of the developments and according to the public hearing for the PUD, this .use would not be allowed in the development. Ms. McPherson Special City Councillviinutes November 22, 2004 Page 2 ._--_.__._-----_._-~--.------ - stated that the traffic study was completed prior to the final PUD approval and fast food was used as a worse case scenario for traffic generation. She noted that both the PUD agreement and the development agreement prohibit fast food establishments in this development. City Engineer Terry Maurer noted that a fast food restaurant generates the most pm peak traffic. Mr. Maurer stated that if there is no fast food restaurant, then the traffic impact would be less and therefore, the study is not flawed. Councilmember Tveite noted that any building that is proposed in the Elk Ridge Center location will have to come before the City Council for approvaL Ms. McPherson indicated that the only type of restaurant allowed in a PUD is a Class 1 restaurant which states that food is served to customers to be consumed on the premises and that take-out is permitted but must be incidental to the use. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A US BANK BUILDING WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. CONSTRUCTION TRAFFIC SHALL NOT BE ALLOWED TO ACCESS THE SITE FROM 197TH AVENUE. 3. ONLY ONE SANITARY SEWER SERVICE SHALL BE ALLOWED. 4. IF THERE IS TO BE AN EXPANSION OF EITHER THE BUILDING OR THE PARKING LOT, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 5. SIGNAGE SHALL BE REQUIRED AT THE ENTRANCE FOR THE DRIVE-THRU INDICATING THAT IT IS "DRIVE-THRU TRAFFIC ONLY." 6. THE LANDSCAPE PLAN SHALL BE AMENDED TO ADD SIX ADDITIONAL TREES ALONG 197TH AVENUE FOR SCREENING PURPOSES. THE TREES MAY BE EVERGREEN OR DECIDIOUS OR A COMBINATION THEREOF. 7. SITE, BUILDING, AND SIGN LIGHTING SHALL MEET ALL ELK RIDGE CENTER DEVELOPMENT DESIGN STANDARDS AND ORDINANCE REQUIREMENTS. LIGHTING STANDARDS IN THE PARKING LOT SHALL NOT EXCEED 20-FEET IN HEIGHT. 8. AN INDIVIDUAL MONUMENT SIGN FOR THE TENANT SHALL NOT BE ALLOWED. MOTION CARRIED 5-0. The City Council recessed at 6:58 p.m. into the Upper Town Conference Room. The City Council reconvened at 7:01 p.m. Special City Council Mmutes November 22, 2004 Page 3 ----------------------------- 3.1. City Council Open Fonlm The Council had no items to discuss under Open Forum. 3.2. Bovs & Girls Club - Charter School Discussion Duane Howard, Executive Director of the Boys & Girls Club - stated that a local community group has decided to start a Charter School with an emphasis on core knowledge. Mr. Howard stated that the group has approached the Boys and Girls Club to assist in their need for rental space for the school. The Charter School would use the Club facility during the school year, beginning in September 2006. The school would operate on school days only, during regular school hours. Mr. Howard stated that this would be a positive revenue source for the Boys and Girls Club as well as an opportunity to serve more youth. Mayor Klinzing questioned if the School District has been approached with this proposal. Mr. Howard stated that the Boys and Girls Club wanted to see if the City Council had any concerns regarding the school first and that the next step will be to contact the School District. Councilmember Motin questioned how the set-up of the classrooms will work. Lana Huberty, Boys and Girls Club Representative, stated that it is very common for Boys and Girls Clubs to coexist in schools and share the space. Councilmember Tveite indicated that the concept of the Charter School makes sense and that it is a creative use of the Boys and Girls Club space. City Administrator Pat Klaers noted that the Charter School would require a Conditional Use Permit and would need to be reviewed by staff and Council before approval. It was the consensus of the City Council for the Boys and Girls Club to proceed with discussions regarding the Charter School. 3.3. Westbound Liquors City Administrator Pat Klaers stated that City Attorney Peter Beck and Mr. Hartman's attorney are working on this paperwork to finalize the Westbound land exchange. !:vIr. Klaers indicated that after discussing the pros and cons with Liquor Store Manager Dave Potvin and Finance Director Lori Johnson, it was unanimously agreed to recommend to the City Council against becoming landlords and building a facility any larger than what meets the city's immediate needs. Gary Tushie of Tushie Montgomery Architects (TMA) reviewed details of the building plan and layout. Councilmember Morin questioned which direction expansion would take place at if necessary in the future. Liquor Store Manager Dave Potvin stated that it is not believed that an expansion to the store will be necessary but if it was, the building would more than likely be expanded to the north. Special City COW1cil I'viinutes November 22, 2004 Page 4 ~---------~------------------ Councilmelnber Morin questioned if the store would be visible to those traveling northwest on Highway 10. City Engineer Terry Maurer stated that the State may allow some of the scrub trees to be repositioned on the property so visibility would be improved. Mr. Klaers reviewed the three options available to the City Council for the construction of Westbound Lquor: construction management (ClY!) approach, general contractor approach, or to have city staff provide the construction management services. IvIr. I<laers indicated that he believes either using the CM or the general contractor approach would be best. Discussion took place on the pros and cons of each of the options. Councilmember Dietz questioned what the savings would be if the city acted as the CM. Mr. Klaers stated that the city would save approximately 40/0. Mayor Klinzing stated that she is in favor of the general contractor approach because they get to select sub-contractors that they are comfortable working with and who work well with each other. Councilmember Dietz questioned if the CM approach is more appealing to the local contractors. Mr. Tushie stated that it is because local contractors get to bid directly to the city rather than bidding for multiple general contractors. Councilmember Tveite indicated that he is in favor of a CM because they act as an advocate for the city. He stated that building Northbound Liquor was a positive experience and since the same construction manager is available to work on the \Vestbound project, he believes that would be the best option for the city. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO HIRE GREYSTONE CONSTRUCTION COMPANY AS CONSTRUCTION MANAGERS FOR THE WESTBOUND LIQUOR STORE PROJECT PER THE GREYSTONE PROPOSAL. MOTION CARRIED 4-1. Mayor Klinzing opposed. Mr. Tushie stated that due to the building market condition, he would like to move the project forward quickly so that the city can go out for bids as soon as possible. The city administrator noted that the project will be going through some city approvals (i.e. CUP) at the same time that. the project is out for bid. The finance director noted that the fmancing plan needs to be approved in the next few months (and before the project begins). 3.4. Discuss Transportation Plan Implementation City Engineer Terry 1'vlaurer provided an overview of the four items relating to transportation that the Council may want to discuss. They include: implementation of the Comprehensive Transportation Plan, MN/DOT TH169 Enviwnmental and Geometric study, County Road 40 turnback and the Sherburne County cost participation policy. Mr. Maurer reviewed the three items needed to be discussed regarding the Transportation Plan implementation. They include: philosophy of implementation, corridor studies and improvements, and identifying within the northern 1/3 of the city access points and working with the county to identify existing, temporary and new access points in concert with the county's access management policy. Special City Councill'v1i.nutes November 22, 2004 Page 5 -~--------------------------- Mayor Klinzing stated that the last item focuses on the need to meld the county access policy with the City of Elk River's needs for access points for developable parcels within the city. Councilmember Motin asked if the county has bought into the city's Comprehensive Transportation Plan. Councilmember Tveite stated a joint meeting between the City Council and County Board should be scheduled to review the Transportation Plan and the concept plan for access points north of CR 33. Councihnember Kuester indicated that the city should be more proactive in its transportation planning. The county's change in financing transportation projects will require city projects to be on the "needs list" sooner as they will compete with other county projects. City Administrator Pat l<Jaers indicated that besides taking a proactive approach in the transportation corridor studies with the county, there is the proacriveapproach to establishing and building city street corridors that may require the use of condemnation. Mayor Klinzing stated that condemnation may be too proactive. Councilmember Motin stated that the 193" and School Street extensions to Tyler Street need to be made. Mayor I<Jinzing stated that the Transportation Plan is too broad and that the next level of srudy needs to occur. Once the priorities are defined, then the city can go to the county for funding sources and scheduling. Councilmember Dietz asked about the 1997 Transportation Plan. City Engineer Terry Maurer stated that ille 1997 Plan, which identified corridors to move people around the city, did not really address the deficiency issues noted in the current plan. Councilinember Dietz stated that all the corridors noted needed county participation and questioned which one the city should tackle first. Mr. Maurer stated that the city should be continually conversing with the county on its transportation needs. He explained the continuum of options the Council can consider from access management, to corridor mapping, to actual road construction. Mayor Klinzing noted the presence of the Planning Commission and asked if they had any input. Director of Planning Michele McPherson distributed the Planning Commission's list of priorities. Planning Commissioner Lemke provided information regarding Anoka County's developer requirements relating to transportation infrastructure. Mr. Maurer reviewed the County Road 40 discussions that have been occurring with staff and the subcommittee of policy makers. He reviewed the cost estimate breakdown by city and county portions. There was some discussion relating to acquisition of right-of-way on the part of the city and whether or not the estimated four acres included land dedicated by developers. ]I;[r. Maurer indicated that the four acres of land is outside of existing right-of- way and land that would be dedicated as part of a current development project. The Council concurred that the turnhack of County Road 40 should be pursued based on the Engineer's estimate and cost breakdown between the city, county, and Federal government. City Engineer Terry Maurer asked that the Council reaffirm their position supporting MN/DOT taking the next step for the Highway 169 srudy. He noted that there are no Special City Council tvlinutes November 22, 2004 Page 6 ----------------------------- monies in MN/DOT's 2s-year plan to complete any of the potential improvements that would be identified as part of the study; however, if monies were available these projects would be ready to implement. In addition, the study would allow the city to plan for right- of-way acquisition. Mr. Maurer indicated that right-of-way can be used to offset the city's share of tvIN lOOT improvements in the future. The downside to completing the study would be the creation of a state of limbo for those living or owning businesses within the potential right-of-way acquisition areas. Councilmember Motin stated that the city should move forward with its support of the MN/DOT next level of study. The Council concurred. Mayor Klinzing stated that she was interested in having the Planning Commission explain its transportation priorities. Commissioners Stevens, Offerman, and Anderson provided explanations regarding some of the items noted in the priority list. Specifically, the resolving of jurisdictional issues, establishment of ring roads, extending School Street west to 1vfeadowvale Road, and identifying additional corridors north and south to eliminate congestion on TH 169 by local traffic. Commissioner Anderson stated that he disagreed with the interchange at TH 169 and Main Street concept as he felt that School Street would be a better location. Commissioner Anderson stated that TH 169 is the backbone of the city's transportation system and that the Council needs to identify connections to that backbone which would best serve the city and would encourage commerce and business. Mayor Klinzing stated that the Planning Commission is encouraging the Council to look at improving the system in a different way, especially regarding funding opportunities. She stated that the tendency of the Council has been to take large problems and move them to another jurisdiction (NIN/DOT or the county) due to lack of funding. The Council needs to think creatively in order to resolve some of the city's transportation issues. The Council reviewed the information provided by the City Engineer regarding other counties' cost participation policies. 3.5. 2005 Budget Update City Administrator Pat l<Jaers briefly reviewed the eight supplemental budgets that will be" part of the Truth in Taxation public hearing scheduled for December 6, 2004. Library Mr. l<Jaers stated that this budget is not changing much from 2004 to 2005. He stated that the tax levy amount has remained the same at $69,000. This amount goes towards operating expenses and any excess revenues are placed into the Library reserve for future expansion. Sur/a,', Wat,r Management (SWMi tvfr. Klaers indicated that the S\V?vf revenues come from the tax levy and from development fees. He noted that SWM expenses include restoration and repair of county ditches, trunk storm sewer improvements, and storm sewer expenses associated with the pavement rehabilitation program. City 5 vedal_4ssusments Mr. Klaers stated that revenue for city special assessments is identified in the tax levy resolution. He stated that there is a slight decrease in the special assessment amount that is due in 2005 as compared to 2004. Mr. !<Jaers noted that unless additional special Special City Council j',!inutes November 22, 2004 Page 7 ______M_________________~____ assessments are assumed next year, then special assessments should go down in 2006 by approximately $7,700. Ire Arena Mr. !(]aers stated that the proposed 2005 budget shows expenditures and revenues in the amount of $705,500. The budget includes a general fund transfer of $64,100 and an equipment reserve expenditure of $8,000. He also stated that the arena operating revenues do not generate enough funds to pay for the operating expenditures, debt on the new facility, and for capital outlay items and that general fund monies are used as a contribution to fmance the operation of the arena. EquiDmenl Certifi,uleJ and EquiDmenl Reserves Mr. !(]aers stated that the equipment certificate budget is $345,000 and this translates into a tax levy of $86,000 in 2005. He indicated that the main revenue source for the equipment reserves is the cash contribution from the Municipal Utilities that does not go into the general fund. :tv1r. Klaers explained that in the long tenn, equipment fInancing will be a challenge for the city because over the next few years the requests for capital outlay expenditures will approach $1 million annually. Mr. !(]aers stated that a reasonable approach would be to have 40% included in the general fund, 40% financed with equipment certificates, and the remaining 200/0 from equipment reserves. LInd/ill Mr. Klaers indicated that the landfill program has a significant fund balance but no annual revenues other than interest income. He stated that expenses for this program include expenses associated with the city compost program, staff time necessary to monitor landfill activities, contractual services for consulting Brms to monitor landfill activities, public education regarding waste management through the Boys and Girls Club, and the financing of citywide clean-up day efforts. Safety Mr. Klaers stated that revenues for the safety budget come from the insurance reserve. He indicated that amost annually the city receives a rebate from the League of Minnesota Cities for its insurance premiums. He stated that the main expenditure for the safety program is the contract the city has jointly with Utilities for consulting services. 3.6. City Administrator - City of Elk River Work Program Governam'e City Administrator Pat Klaers provided a brief overview of the City Administrator-City of Elk River Wark ProgralTI as outlined in his staff report. 111:. Klaers reviewed what was accomplished in the spring warksessions and what has been accomplished since the worksessioq.s. Mr. Klaers indicated that the City Council may wish to provide a follow-up to the boards and commissions on the October 11, 2004 joint meetingworksession. He stated that this can be done by letter or through the staff liaisons. Mayor I<Jinzing stated that she agrees there should be a follow-up but the Council needs to decide the best way to provide it. Councilmember Motin suggested tllat the Council review SpecIal City Council Minutes November 22, 2004 Page 8 ----------------------------- and discuss the October 11, 2004 minutes at the December worksession and discuss the appropriate way to follow-up to the October worksession. !vir. I<laers indicated d1at the Council may need to have individual worksessions with the Planning Commission and the Parks and Recreation Commission to discuss recommendations that are being made on development proposals. Council! 5 talf Rdationf Mr. Klaers indicated the monthly Council worksessions seem to be working out well to provide more informal Council discussions to evaluate proposals and policies prior to formal Council approval. He stated that "acceptable rules of behavior" for Council, staff, and administrator interaction was an action step identified in the Brimeyer worksessions. 11r. Klaers indicated that he was not in attendance at the meetings at which this was discussed and asked the Council for direction on this issue. Councilmember Kuester stated that she believes there is confusion on when it is appropriate for Council to contact staff directly and when Mr. Klaers should be contacted first. She indicated that there is no indication of which way is correct. Councilmember Tveite indicated that he believes staff and Council should use common sense and professional courtesy when determining if direct contact is appropriate. Mayor Klinzing stated that she would like to find out if other cities have code of conduct policies in place regarding staff and Council communication and communications with boards and commissions. 1vfr. Klaers noted that the communication with boards and commissions has been addressed in the new board and commission policy adopted August 2, 2004. Councilmember Dietz stated that he believes that direct communication between the department heads and the City Council should not be limited and that the department heads should be able to contact the Council without notifying the city administrator at anytime if they deem it appropriate. On the topic of staff training, Mi. Klaers stated that he would like tl1e city to hire the Stanton Group to provide on-site management/ supervisory training to department heads and other fu:st-line supervisors. The plan is to hold the training on December 15, 2004. It was the consensus of the City Council to use contingency funds for this training. OrEani:::ational A1anagement Ivir. I<laers stated that the hiring of a parks and recreation director was one part of the staff reorganization plan that has been implemented and it is working out well. He stated that he believes that the next step, as highlighted from the Brimeyer sessions, should be to hire a community development director. It was the consensus of the Council to support this position. This position is in the 2005 budget. :NIt. I<laers stated that in order to proceed with this position in a timely manner, the job description and pay grade need to be established this winter and advertisement for this position needs to begin in March. The Council directed the Personnel Committee to review the pay of the community development director at their December meeting. Special City Council Minutes November 22, 2004 Page 9 -------------------~_.------- Finance Director Lori Johnson asked the Council to review the job descriptions for the human resources position, community development director, and the finance and administrative services director positions. She asked the Council to provide her v.rith any comments or suggestions they have. Mr. Klaers stated that the Council should consider appointing Lori Johnson to the finance and administrative services director position. He stated that having Ms. Johnson be the director of fmance and administrative services works vet)' well but in the long term, there may be issues if the director of finance and administrative services does not perform the duties if the finance director. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO APPOINT LORI JOHNSON AS FINANCE AND ADMINISTRATIVE SERVICES DIRECTOR EFFECTIVE IMMEDIATELY WITH AJOB ANALYSIS QUESTIONNAIRE TO BE COMPLETED IN JUNE OF 2005. MOTION CARRIED 5-0. Mr. I<Jaers stated that the City Council should also consider adopting an organizational chart. Mr. I<Jaers stated that his recommendation is for the Council to adopt chart A with ille understanding that the public works director and the assistant city administrator positions are not planned to be filled for the foreseeable future. Discussion took place regarding the two organizational charts presented. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT ORGANIZATIONAL CHART CAS PRESENTED. MOTION CARRIED 4-1. CounciImember Tveite opposed. 4. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:40 p.m. Minutes prepared by Jessica JV!ilIer. c;p.J >>t.4.4 .A- I j v Joan Schmidt City Clerk