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02-07-2005 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 7,2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Pat Klaers, Finance and Administrative Services Director Lori Johnson, Director of Planning :Michele McPherson, Liquor Store Manager David Potvin, Police ChiefJeffBeahen, City Engineer Terry Maurer, Prosecuting Attorney Chris Johnson, 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 6:35 p.m. by Mayor Klinzing. 2. Consider 02/07/2005 Agenda . City Administrator Pat Klaers removed item 3.5. from the Consent Agenda for discussion under item 6.1. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 1/18/05 COUNCIL MINUTES 3.2. CHECK REGISTER 3.3. AUTHORIZE THE HIRING OF 3 PAID ON-CALL FIREFIGHTERS 3.4. AUTHORIZE ATTENDANCE AT OUT -OF STATE CONFERENCE 3.6. AUTHORIZE HIRING OF PART-TIME CUSTODIAN 3.7. DOWNTOWN REVrrALIZATION PROJECT · IMPLEMENT A DRUG FREE WORKPLACE · ADOPT RESOLUTION 05-09 ADOPTING A CIVIL RIGHTS POLICY · ADOPT RESOLUTION 05-10 ADOPTING A RESIDENTIAL ANTI- DISPLACEMENT AND RELOCATION ASSISTANCE PLAN · ADOPT RESOLUTION 05-11 ADOPTING A FAIR HOUSING PLAN MOTION CARRIED 5-0. . City Council l'vIinutes February 7, 2005 Page 2 . 4. Open NIike Bill Helliwell, Chair of the Northstar YMCA Community Board, provided the Council with an update on the YNICA and requested the Council's continued support for a YMCA in Elk River. 5.1. Request by City of Elk River for Conditional Use Permit to Construct Municipal Liquor Store. Public Hearing. Case No. CU 04-40 Director of Planning :Michele McPherson stated that the City of Elk River is requesting a Conditional Use Permit to allow construction of a municipal liquor store. Ms. McPherson stated that property is located at Lot 3, Blbck 1, Fox Haven Commercial at the Northwest corner of Highway 10 and Joplin. Ms. MsPherson reviewed the site plan, grading and drainage, building materials and elevations, and the landscaping and lighting plans. Ms. McPherson stated that the Planning Commission recommended approval of the Conditional Use Permit with the condition that the west elevation be modified to provide similar architectural details as the rest of the building. Ms. McPherson stated that the architect has modified the drawings to meet this condition. Ms. McPherson requested that a condition be added to the Conditional Use Permit to provide cross access easements to the adjacent lots. ' Ms. McPherson also stated that the city would like to use the site as a NPDES erosion control demonstration site. . Councilmember Motin questioned if there would be additional costs associated with the site being designated as an NPDES erosion control demonstration site. City Engineer Terry Maurer indicated that he didn't believe there would be additional significant costs involved but that staff would come back before the Council if there were. Mayor Klinzing opened the public hearing. Dale Dhooge, 18647 Lander Street NW - indicated that he has concerns with the increased traffic on 185th Avenue and would like the Council to consider putting in a sidewalk on 185th Avenue. He stated that he would also like to see both sides of 185th landscaped to provide better screening for the residential homes from the liquor store's loading dock and bright liquor signs. Ms. McPherson stated that the city may not have enough right-of-way, as 185th Avenue is part of the old Highway 10 alignment, but sidewalk improvements would probably take place when the utilities in the area are upgraded. Ms. McPherson stated that this improvement could be part of the city's future transportation discussions. Mayor Klinzing indicated that the entire parcel on the corner of Highway 10 and Joplin is commercial and that how to move pedestrians in that area will have to be discussed once the area is developed. . Ms. McPherson indicated that the city can typically required plantings only on the lot in question, and landscaping the other side of 185th Avenue would require the city to get the approval of the private owners, which is not normally a requirement placed on private developers in similar situations. City Council Minutes February 7, 2005 Page 3 . Liquor Store Manager David Potvin stated that in response to Mr. Dhooge's comments regarding the screening of residential properties from the store, the liquor store will get on average ten deliveries per week and that the store offices will be located on the side of the store that faces the neighborhood and so no bright liquor signs will face the homes. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE CONDITIONAL USE PERMIT FOR THE CITY OF ELK RIVER TO CONSTRUCT A MUNICIPAL LIQUOR STORE WITH THE FOLLOWING CONDITION: 1. PROVIDE CROSS ACCESS EASEMENTS. MOTION CARRIED 5-0. 5.1A. Update on Heating System Choice and Schedule for Westbound Liquor Liquor Store Manager David Potvin indicated that he gave geothermal heating and cooling much thought and research as an option for the liquor store. Mr Potvin stated that he spoke to people who use geothermal and they either love it or hate it. He stated that with the much higher initial cost and with the payback and reliability questions of geothermal, he is recommending that a conventional HV AC system be installed in Westbounciliquor. . Mr. Potvin indicated that even though he is not recommending the geothermal system, he is sensitive to the fact that Elk River is Energy City and other energy efficient technologies have been included in the new building plans. 6.1A. Authorization to Purchase Squad Cars Police Chief Jeff Beahen stated that the Police Department received vehicle pricing on the new squad cars from Elk River Ford and from SuperiorPord (state contract). Chief Beahen indicated that there was an error in the original pricing received from Elk River Ford and that in actuality, Elk River Ford's price on the vehicles is only a few hundred dollars higher than the state contract price received from Superior Ford. Mayor Klinzing stated that she is in support of buying the vehicles locally from Elk River Ford. Councilmember Motin expressed concerns about a bid being lowered after all of the bids are received. Chief Beahen indicated that the state contract information was not disclosed to Elk River Ford and that the original price had been inaccurately figured. He stated that the error was discovered upon review of the Elk RiverFord pricing by Captain Rolfe and Wade Turner of Elk River Ford. Chief Beahen noted that from his experience, Elk River Ford's prices have always been in line with the state contract pricing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO PURCHASE THREE MARKED AND ONE UN-MARKED 2005 CROWN VICTORIA SQUAD CARS FROM ELK RIVER FORD. MOTION CARRIED 5-0. . . . . City Council l'vIinutes February 7, 2005 Page 4 Chief Beahen stated that a price for an additional un-marked vehicle was also obtained from Polar Chevrolet on the state contract. He stated that no local dealer is able to match the state contract pricing on this vehicle. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE THE PURCHASE OF A 2005 CHEVROLET IMPALA FROM POLAR CHEVROLET. MOTION CARRIED 5-0. 6.1B. Consider Second Captain Position for Police Department Police Chief Jeff Beahen stated that when he was promoted to Chief, the decision was made to eliminate the Assistant Chief position and to add an Administrative Captain position in 2005 to facilitate a better command structure. Chief Beahen stated that Captain Rolfe has asked to remain in his current position of Patrol Captain and he will oversee all four patrol sergeants and patrol staff for a total of twenty employees. Chief Beahen indicated that the new Administrative Captain will oversee the Investigative Sergeant, three Criminal Investigators, two Juvenile Officers, two Community Service Officers, and SL'{ clerical staff for a total of fourteen employees. Chief Beahen noted that the Administrative Captain will also assist him in day to day building operations, grant writing, and other administrative duties as assigned. Councilmember Dietz questioned who Chief Beahen anticipates will apply for the position. Chief Beahen stated that he anticipates that it will be investigators and patrotsergeants. A number of current employees have expressed interest and are qualified to fill the position. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO PROCEED FORWARD WITH THE PROCESS TO FILL THE ADMINISTRATIVE CAPTAIN'S POSITION IN THE ELK RIVER POLICE DEPARTMENT. MOTION CARRIED 5-0. 6.2. Consider Resolution Requesting Funding to Study Highway 10 Through Downtown Elk River City Engineer Terry Maurer stated that staff has been working with the Tinklenberg Group to prepare a submittal to Congressman Kennedy's office requesting $500,000 in Federal funding for alternative analysis on TH 10 through the downtown area. Mr. Maurer stated that the Tinklenberg Group will be present at the February 14, 2005 Council worksession at which time a final copy of the submittal should be available. Mr. Maurer also stated that if the Council approves the resolution requesting federal transportation funding, he and the Mayor will present a similar resolution to the Chamber Board tomorrow. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-12 REQUESTING FEDERAL TRANSPORTATION FUNDING FOR FURTHER ALTERNATIVE ANALYSIS ON TH 10 THROUGH DOWNTOWN ELK RIVER. MOTION CARRIED 5-0. 6.3. 2005 Pavement Rehabilitation Program City Engineer Terry Maurer stated that in September 2004, the City Council authorized the preparation of a feasibility study for the 2005 Street Reconstruction Improvements. Mr. Maurer presented the feasibility study and reviewed the fmancing for the proposed City Council Minutes February 7, 2005 Page 5 . improvements. Mr. Maurer indicated that the public hearing on the 2005 improvements will be held Tuesday, February 22, 2005 at 6:30 p.m. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-13 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE STREET RECONSTRUCTION IMPROVEMENT OF 2005. MOTION CARRIED 5-0. 6.4. Update on MnDOT Highway 169 Study City Engineer Terry Maurer stated that he has received information from a MnDOT representative that funding for the geometric study on Highway 169 may be cut. Mr. Maurer indicated that if the Council desires, a letter could be drafted to Transportation Commissioner Molnau expressing the importance of moving forward with the studies on Highway 169. Mayor Klinzing stated that it is in the city's best interest to remain proactive about transportation issues by contacting elected officials. Mayor Klinzing stated that she would like staff to draft a letter to Commissioner Molnau regarding continued support of Highway 169 study. The City Council concurred. 6.5. Consider Extension of Internship Program - City Prosecutor's Office . City Administrator Pat Klaers stated that he has been advised by City Prosecuting Attorney Chris Johnson that the law clerk internship program through \Villiam :Mitchell has to end as there is no more available funding. Mr. Klaers stated that when the city originally entered into the contract with \Villiam :Mitchell, the belief was that there would be funding for the program through April. Mr. Klaers indicated that the city would like to continue to have Clarissa Christian help through at least April as she is working out very well. He stated that funding is available through the city forfeiture fund, which is the same funding source. that has been used for the 25% city match for the program for the last seven months. Mr. Klaers stated that the cost to the city for $13.00 per hour for 20 hours per week with no benefits is approximately $4,500.00. Mr. Klaers noted that if this is acceptable to the Council, staff will come back mid-April to provide Council with an update and discuss various options. Mr. Klaers noted that Ms. Christian takes the bar exam at the end of July but the results will not be known until October. City Prosecuting Attorney Chris Johnson stated that Ms. Christian is doing a great job. Mr. Johnson also stated that Ms. Christian, as a certified student attorney, is able to provide some back up to him. Mr. Johnson noted that back up services are currently provided by Sherburne County but that he has been advised that these services may not be available to the city in 2006 so the Council will need to think about additional staffing issues in the near future. Councilmember Dietz questioned if the program through William :Mitchell has ended comple(tely. Mr. Johnson stated that the program is still in place but Ms. Christian received an amount of money for the program and that is gone. . . . . City Council Minutes February 7, 2005 Page 6 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE USING THE FORFEITURE FUND FOR THE EXTENSION OF CLARISSA CHRISTIAN'S INTERNSHIP PROGRAM IN THE CITY PROSECUTOR'S OFFICE THROUGH APRIL AT A RATE OF $13.00 PER HOUR AND 20 HOURS PER WEEK. MOTION CARRIED 5-0. 6.6. Discuss Council Worksession Agendas City Administrator Pat Klaers reviewed the tentative Council worksession agendas for February and March. Councilmember Dietz indicated that the Library Board would like to be present during discussion of the Bailey House Lease and that he will make them aware that the item will be discussed on March 14. Councilmember Motin stated that he would like to discuss Line Avenue at the February worksession. 6.7. Library Board Update Councilmember Dietz provided the Council with an update on the Library Board meeting that was held January 25, 2005. Councilmember Dietz stated that the Library is the only city facility that is currently not being cleaned by city staff and that Library staff would like city staff to clean it. Councilmember Dietz indicated that he spoke to Street Superintendent Phil Hals who will in turn speak to Building Maintenance Supervisor Gary Lore about having the Library cleaned by city staff. City Administrator Pat I(laers noted that the plan is to have city staff clean the Library at some time in the future; but staff needed to see how cleaning of the other buildings went first to see if the current staff could handle the Library or if additional staff needed to be hired. 7. Other Business Councilmember Motin stated that the NCDA voted to have the Northstar Corridor maintenance facility located in Big Lake. 8.0. Staff Updates City Administrator Pat Klaers stated that the liquor store project schedule has been revised and was included in the Council packets. He also indicated that the closing for the liquor store lot exchange is tentatively scheduled for Thursday, February 10. 8.1. March 15 - Chamber of Commerce Meeting - "State of the City" City Administrator Pat Klaers reviewed items to be discussed at the Chamber of Commerce "State of the City" meeting on March 15,2005. Discussion took place and it was decided that important current projects should be identified and briefly discussed. Mayor Klinzing indicated that she plans on attending and indicated that a special meeting of the City Council will need to be called if more than two members of the City Council plan . . . City Council l'vIinutes FebrualY 7, 2005 on attending. Councilmember Motin stated that he would be there. The other Councilmembers indicated they would let Mayor Klinzing know if they would be in attendance. 9. Closed Executive Session Page 7 Mayor Klinzing stated that the City Council will be recessing into an Executive Session to discuss the Builders Association lawsuit against the city with its attorneys. She stated that the meeting is closed pursuant to :Minnesota Statute Section 13D.05, subd. 3(b) based on attorney-client privilege. She stated that no action will be taken by the City Council at or immediately after the Executive Session and that the rest of the regular Council meeting will not be video taped. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREYTO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS ATTORNEY/CLIENT PRIVILEGE PURSUANT TO MINNESOTA STATUTE 13D.05 Subd. 3(b). MOTION CARRIED 5-0. Mayor Klinzing recessed the regular City Council meeting at 7:45 p.m. for an Executive Session. Mayor Klinzing reconvened the City Council at 8:57 p.m. Mayor Klinzing stated that for the record the Executive Session was adjourned and that the City Council met With their attorney to discuss the Builders Association lawsuit. 10. Adjournment There being no further business, Mayor Klinzing adjourned the regular meeting of the Elk River City Council at 9:00 p.m. :Minutes prepared by Jessica :Miller. #~