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09-06-2005 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, SEPTEMBER 6, 2005 Members Present: Mayor Klinzing, CounciImembers Dietz, Morin, and Gumphrey Members Absent: Councilmember Farber Staff Present: City Administrator Pat Klaers, Police Chief Jeff Beahen, Fire Chief Bruce West, Senior Planner Scott Harlicker, City Engineer Terry Maurer, City Attorney Peter Beck, and Recording Secretary Tina Allard 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. Mayor Klinzing informed citizens of numerous options available in Elk River for assisting the victims of Hurricane Katrina. Mayor Klinzing explained that Councilmember Farber was absent from tonight's meeting because his son is home on temporary leave from Iraq. 2. Consider 09/06/05 Agenda City Administrator Pat Klaers added DARE funding to Open Mike. CounciImember Dietz added Discussion regarding the October 10 Joint Worksession to Item 7.1. CounciImember Motin moved Item 3.3 from the Consent agenda and added it after Item 7.3 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES · 8/8/05 · 8/15/05 · 8/22/05 CHECK REGISTER PERSONNEL POLICY ADDITION ALLOWING AN EMPLOYEE RESIGNING AFTER 20 CONSECUTIVE YEARS OJ;' SERVICE TO 3.2. 3.4. . . . City Council :Minutes September 6, 2005 Page 2 3.5. RECEIVE PAYMENT OF 25% OF THEIR SICK LEAVE BALANCE UP TO A MAXIMUM PAYMENT OF 240 HOURS OF PAY. CLEAN UP WEEK FUNDS FOR OCTOBER 2005 TO COME FROM THE LANDFILL ABATEMENT FUND. TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO ELK RIVER LIONS FOR SEPTEMBER 10, 2005. HIRE YALE MECHANICAL TO MAINTAIN HVAC SYSTEM FOR CITY BUILDINGS IN THE AMOUNT OF $3,340 WITH FUNDS TO COME FROM COUNCIL CONTINGENCY. 3.6. 3.7. MOTION CARRIED 4-0. 4. Open Mike No one appeared for Open Mike. 4.1. DARE Funding Police Chief Jeff Beahen stated there were old DARE funds in an account that needed to be utilized. Chief Beahen acknowledged some of the individuals involved in the DARE fundraising efforts and reviewed the items the funds would be used for at area schools. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO USE THE EXCESS DARE FUNDS FOR PURCHASING THE ITEMS OULTINED IN THE STAFF REPORT. MOTION CARRIED 4-0. Chief Beahen stated an officer was killed this evening in the City of Lino Lakes and that the city may request some administrative support from Elk River. 5.1. Accept Resignation of Building and Environmental Administrator Stephen Rohlf Mayor Klinzing wished Mr. RoWf well and stated his humor and positive attitude will be missed. Councilmember Morin stated Mr. Rohlf will be missed. Councilmember Dietz stated he appreciated Mr. Rohlfs candor and thanked him for a job well done. Councilmember Gumphrey stated it was a pleasure to get to know Mr. RoWf. Mr. Rohlf thanked the Council and the citizens of Elk River. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ACCEPT THE RESIGNATION OF BUILDING AND ENVIRONMENTAL ADMINSTRATOR STEPHEN ROHLF. MOTION CARRIED 4-0. . . . 6.1. 6.2. 6.3. City Council Minutes September 6, 2005 Page 3 5.2. Request Authorization to Obtain Bids for Expansion of Fire Station 1 Fire Chief Bruce West stated the Fire and Ambulance Service is proposing to expand Fire Station 1 by 4,300 sq. ft. He reviewed architectural renderings for the project. Chief West discussed the proposed schedule for this expansion project. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE EXPANSION OF FIRE STATION 1. MOTION CARRIED 4-0. Chief West invited everyone to the Fire and Ambulance Service Open House and Dance scheduled for Saturday, September 10, 2005. He stated the dance would feature Brg Bob and the Hrghrollers. Consider Redevelopment Program for Redevelopment District #1. Sherburne County- Public Hearing Consider Project Plan for Target Technology Center. Sherburne County. Public Hearing Staff report submitted by Director of Planning :Michele McPherson with Senior Planner Scott Harlicker presenting. Mr. Harlicker stated the Sherburne County HRA would like to sell approximately 25 acres of land in Elk River to Target Corporation for a technology center. He stated the city must review the redevelopment plan and the Target project to determine if it is consistent with the city's comprehensive plan before Sherburne County can proceed with the Target project. Mayor Klinzing opened the public hearing for both the redevelopment program and the project plan for Target Technology Center. There being no one to speak to these issues, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-97 FINDING THAT THE SHERBURNE COUNTY HOUSING AND REDEVELOPMENT AUTHORITY'S REDEVELOPMENT PROGRAM FOR REDEVELOPMENT DISTRICT NO.1 AND PROJECT PLAN FOR THE TARGET TECHNOLOGY CENTER CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY OF ELK RIVER. MOTION CARRIED 4-0. Request by Target Corporation for Preliminary and Final Plat (Elk Path Business Center Third Addition). Public Hearing. Case No. P 05-14 Director of Planning :Michele McPherson submitted the staff report with Senior Planner Scott Harlicker presenting. Mr. Harlicker stated Target Corporation is requesting preliminary plat of Elk Path Business Center Third Addition to subdivide a 24.73 acre parcel from a 76 acre parcel. He discussed the Parks and Recreation and the Planning Commissions recommendations. . . . City Council Minutes September 6, 2005 Page 4 Mayor Klinzing opened the public hearing. Lee Koppy, Ryan Companies-Stated the proposed private drive would line up with the current 182nd Avenue but could be moved in the future depending on the development of the Pinewood Plat. There being no further comments, Mayor Klinzing closed the public hearing. Councilmember Dietz questioned if the private drive was a public street. City Engineer Terry Maurer stated the road will look like a street but will be a private road. Councilmember Motin questioned if the private drive were to be a street in the future and needed to be moved north, should an easement be recorded with this plat. Mr. Maurer stated staff would like flexibility on where to install the street. He stated it is a condition to the plat. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT AND TO ADOPT RESOLUTION 05-98 GRANTING FINAL PLAT APPROVAL FOR ELK PATH BUSINESS CENTER THIRD ADDITION, CASE NO. P 05-14 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY BE ADDRESSED. 3. THE APPLICANT SHALL PAY SURFACE WATER MANAGEMENT FEES FOR 24.73 ACRES. 4. THE APPLICANT SHALL PAY FOR PARK DEDICATION IN CASH FOR 24.73 ACRES AND PROVIDE A 15 FOOT TRAIL EASEMENT ADJACENT TO COUNTY ROAD 30 RIGHT-OF-WAY. 5. THE APPLICANT SHALL ENTER INTO A DEVELOPER AGREEMENT WITH THE CITY TO ENSURE INSTALLATION OF THE PUBLIC IMPROVEMENTS. MOTION CARRIED 4-0. 6.4. Request by Target Corporation for Conditional Use Permit. Public Hearing. Case No. CU 05-16 Director of Planning Michele McPherson submitted the staff report with Senior Planner Scott Harlicker presenting. Mr. Harlicker stated the applicant is requesting a conditional use permit to allow outdoor above ground storage tanks and loading docks at the Target Technology Center. He discussed the site and building layout, landscaping, building materials, and the Planning Commission's recommendations. Mayor Klinzing opened the public hearing. . . . City Council Minutes September 6, 2005 Page 5 Lee Koppy, Ryan Companies-Stated the berm and concrete heights around the building have been revised and he reviewed those changes. Jim Todd, Ryan Companies-Discussed the building materials of the technology center. There being no further comments, Mayor Klinzing closed the public hearing. Mayor Klinzing questioned if the 4' wall separation should be added as a condition. City Administrator Pat Klaers stated this issue can be addressed during the staff site review process. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A CONDITIONAL USE PERMIT FOR TARGET TECHNOLOGY CENTER TO ALLOW ABOVE GROUND STORAGE TANKS AND LOADING DOCKS IN THE FRONT YARD WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL COMPY WITH ALL APPLICABLE BUILDING AND FIRE CODES. 2. THE COOLING TOWERS ON THE ABOVE-GROUND STORAGE TANKS SHALL BE PAINTED TO MATCH THE EXTERIOR OF THE BUILDING. 3. THE BUILDING DESIGN SHALL BE MODIFIED TO MEET THE CHANGE IN DEPTH REQUIREMENT OF SECTION 30-1294 (4) D OF THE CITY CODE. 4. THE SCREENING WALL SHALL BE EITHER INTEGRALLY COLORED OR EXPOSED AGGREGATE CONCRETE PANELS. 5. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 6. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. MOTION CARRIED 4-0. Mayor Klinzing welcomed the Target Technology Center to Elk River. Mr. Maurer stated a future item will come to the Council regarding reconstruction of Waco Street. 6.5. Consider Request by Riverside Development for Preliminary Plat Extension Senior Planner Scott Harlicker stated Riverside Development is requesting an extension of the preliminary plat for Eagles Marsh development due to having to make changes in the timing of their plat in order to accommodate city needs for a water tower on a lot. He stated if the extension is not granted, the applicant would be required to resubmit for preliminary plat approval. . . . City Council Minutes September 6, 2005 Page 6 Councilmember Dietz stated Riverside Development was not ready to plat Eagles Marsh but did so in order to give the city a water tower site, so he felt the extension should be granted. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO PROVIDE AN EXTENSION FOR THE PRELIMINARY PLAT OF EAGLES MARSH. MOTION CARRIED 4-0. 6.6. Northstar Business Park Improvement Project A. Resolution Accepting Bid and Authorizing Execution of Contract City Engineer Terry Maurer stated bids were received for the Northstar Business Park improvements. He reviewed the bids. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-99 ACCEPTING BID (FROM NORTHDALE CONSTRUCTION INC. IN THE AMOUNT OF $645,415.33) AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE NORTHSTAR BUSINESS PARK IMPROVEMENT OF 2005. MOTION CARRIED 4-0. B. Resolution Determining Assessed Cost of Improvement and Ordering Preparation of Proposed Assessment Roll MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-100 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF NORTHSTAR BUSINESS PARK IMPROVEMENTS OF 2005. MOTION CARRIED 4-0. c. Resolution Establishing the Date for the Assessment Hearing MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-101 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE NORTHSTAR BUSINESS PARK IMPROVEMENTS OF 2005. MOTION CARRIED 4-0. 6.7. Resolution Authorizing Eminent Domain and Acquisition of Real Property for the County Highway 40 Construction Project City Engineer Terry Maurer stated the city has committed to acquiring Right-of-Way (ROW) by April is, 2006 in order for Sherburne County to receive federal funds to upgrade County Road 40 to a rural section. He stated the city will try to obtain ROW from property owners prior to using the eminent domain process but would like Council approval to use eminent domain, if needed, due to the timeframe involved for the acquisition of federal funds. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-102 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL . . . City Council Minutes September 6, 2005 6.8. 7.1. Page 7 PROPERTY IN ACCORDANCE WITH MINN. STAT. ~ 117.042 FOR THE COUNTY HIGHWAY 40 CONSTRUCTION PROJECT. MOTION CARRIED 4-0. Consider "No Parking" Restrictions Along Proctor Avenue City Engineer Terry Maurer stated Sherburne County Public Works is requesting city concurrence with their plan to sign both sides of County Road 77 (proctor Avenue) ''No Parking" from CSAH 1 to the Salk Middle School driveway. He stated it is a danger for pedestrians crossing the busy county road to get to events at the school and it is also a site distance hazard for vehicles pulling onto Proctor Avenue from the nearby townhomes. Mr. Maurer stated there are no parking signs installed along the east side of Proctor Avenue but no one is sure of the history of why those signs were installed. Councilmember Dietz stated a majority of the parking issues happen when there are recreational activities at Salk. He questioned what alternative parking would be available for people attending these activities. Councilmember Dietz stated he had no issue with signing the west side of Proctor with no parking signs but would like to see alternative parking options available. It was suggested that the east side could be open for parking and the west side signed for no parking. The Council directed Parks and Recreation Director Bill Maertz to work with the county and the school district on finding alternative parking options for people attending recreational activities at the school. Discuss Council Worksession Agendas City Administrator Pat Klaers reviewed the tentative worksession agendas for September and October. Mayor Klinzing added an exit interview of Building and Environmental Administrator Stephen Rohlf. Councilmember Dietz stated the Utilities Commission is unclear on what the Council direction is for the joint meeting scheduled October 10, 2005 with all the Boards/Commissions. He requested more feedback to take back to the Utilities Commission. He further stated that the Utilities Commission does not have some of the same latitude in decision making as other Boards/Commissions and questioned if they needed to attend the joint meeting. Mr. Klaers stated staff met to discuss the joint meeting and also had some questions regarding the joint meeting. He stated the Boards/Commissions would like feedback and direction from Council. He stated staff questioned what the purpose of the meeting would be and had the following questions: . Would it be to discuss specific issues? (Example: development) Are all Boards/Commissions needed? (Also don't want any of them to feel left out.) Should a facilitator be brought in? Are Boards/Commissions true advocates for their cause; are they following direction from the City Council; or a combination of both? . . . . . . City Council Minutes September 6, 2005 Page 8 Mr. Klaers stated the first joint meeting with Council and the Boards/Commissions was a very positive meeting and the Council liaison program has also helped to improve communication. Mr. Klaers stated that the comparable worth appeal from Jerry Davis may come off the worksession agenda for September 12 as he just received the written appeal and staff may not have time to put information together for the upcoming Council meeting, Mr. Klaers provided a budget update to the Council. He stated the city received net tax capacity information from the county. He stated the increase in the city's Net Tax Capacity will be 15.737%. Mr. Klaers stated the budget gap would go down with this increased tax revenues and further explained some minor additional revenue additions and expenditure cuts. 7.2. Utilities Commission Update-Councilmember Dietz Councilmember Dietz provided an update of the Utilities Commission meeting held on August 16, 2005. 7.3. Library Board Update-Councilmember Dietz Councilmember Dietz provided an update of the Library Board meeting held on August 23, 2005. 3.3 Consider Tobacco License for Elk River BP-Linda Persons Councilmember Motin stated the applicant currently has two compliance violations in the City of Bloomington and questioned if the applicant should fail a compliance check in Elk River if the violation could be considered a third offense in Elk River. Discussion was held on how tobacco violations are handled in Elk River. Councilmember Dietz stated if the applicant fails a compliance check in Elk River he would like the Council to have the option of revoking the license immediately. City Attorney Peter Beck stated it would be best for staff to research these issues further and to have the applicant attend the next Council meeting so they understand the Council's intentions and to discuss the violations in Bloomington. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THE TOBACCO LICENSE REQUEST FOR ELK RIVER BP TO SEPTEMBER 12, 2005. MOTION CARRIED 4-0. . . . City Council :Minutes September 6, 2005 Page 9 8. Other Business There was no other business. 9. Staff Updates Mr. Klaers stated the new Community Development Director, Scott Clark, would be starting tomorrow. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:30 p.m. Minutes prepared by Tina Allard.