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10-17-2005 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 17,2005 Members Present: Acting Mayor Dietz, Councilmembers Motin, Farber, and Gumphrey Members Absent: Mayor Klinzing Staff Present: Finance and Administrative Services Director Lori J ohoson, Community Development Director Scott Clark, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Police Chief Jeff Beahen, Fire Chief Bruce West, Director of Economic Development Catherine Mehelich, Assistant Director of Economic Development Heidi Steinmetz, Environmental Technician Rebecca Haug, Environmental Intern, Mara Anderson, City Attorney Peter Beck, and Recording Sec~etary Tina Allard Also Present: Planning Commissioner Brad Stevens Parks and Recreation Commissioners Mike Nizolek and Dana Anderson 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 Acting Mayor Dietz. 2. Consider 10/17/2005 Agenda Councilmember Farber requested Item 3.11 be moved to Item 7.7. Acting Mayor Dietz questioned if anyone in the audience wanted to speak on consent Item 3.12. There was no comment from the audience. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 10/03/05 AND 10/10/05 COUNCIL MINUTES 3.2. CHECK REGISTER 3.3. PAY ESTIMATES AS OUTLINED IN STAFF REPORT 3.4. RESOLUTION 05-115 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 2005 City Council Minutes October 17,2005 . 3.5. 3.6. 3.7. 3.8. 3.9. 3.10. 3.12. Page 2 AUTHORIZATION TO PURCHASE CLANDESTINE LAB EQUIPMENT IN THE AMOUNT OF $8,067.30 WITH FUNDS TO COME FROM THE FORFEITURE ACCOUNT FUNDS PROCLAIM OCTOBER 24-0CTOBER 28,2005 AS MINNESOTA MANUFACTUREWSWEEK APPROVE A CURRENCY EXCHANGE LICENSE FOR WALMART STORES, INC FOR 2006 ACCEPT RESIGNATION OF CITY ADMINISTRATOR PAT KLAERS AND APPOINT LORI JOHNSON AS INTERIM CITY ADMINISTRATOR REQUEST FOR AN ADMINISTRATIVE SUBDIVISION, CASE NO. AS 05-03, RAIV ALA, POSTPONED TO NOVEMBER 16, 2005 EXTEND CONDITIONAL USE PERMIT FOR NINE MONTHS FOR CONTRACTORS AND CONSULTANTS, CASE NO. 03-22 ADOPT RESOLUTION 05-116 AMENDING FINAL PLAT APROV AL FOR WINDSOR MEADOWS, CASE NO. P 04-18 MOTION CARRIED 4-0. 4. Open Mike Susan Dickey, 11510 197th Avenue-Stated she can't sell her house due to the traffic, noise, and commercial growth around her home. She asked the city to rezone her property and a couple of neighboring properties to commercial. . Dave Plude, 11537 197th Avenue-Stated he also has concerns. with traffic and noise near his home. He stated he has been approached by buyers interested in his property for a commercial use. Community Development Director Scott Clark stated staff and the Planning Commission could perform a conceptual review of the area and come back to the Council with their findings. 5.1. Amendment to Development Agreement Between Metro Plains and City of Elk River Community Development Director Scott Clark discussed proposed modifications to a development agreement between the city and Metro Plains as outlined in his staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE DEVELOPMENT AGREEMENT MODIFICATIONS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 3-1. Councilmember Farber opposed. 5.2. . Consider Landfill HHW IReuse Center Environmental Technician Rebecca Haug stated she has been working with the Elk River Landfill to consider a partnership for constructing a household hazardous waste facility and a reuse center. She discussed the proposed building specifications and the possible opportunity for the city and utilities to contribute to construction if green materials/technology are used. Ms. Haug stated the landfill would own the building and land and also be responsible for staffing. . . . City Council Minutes October 17,2005 Page 3 Councilmember Farber suggested that an insert go into utility bills promoting this facility. It was the consensus of the Council to move forward with this project. 5.3. Consider Insurance Renewal Finance and Administrative Services Director Lori J ohoson introduced the city's insurance agent, Mary Eberly. Ms. Eberly presented information on the city's insurance policy renewal. She stated the cost increase to the city was 3.7% and discussed several points that she wanted to bring to the Council's attention, as outlined in her memo. Ms. Eberly stated that the federal courts recently issue a ruling regarding liability under joint powers agreement. She suggested the Council re-evaluate the city's liability limits and insurance policy. Acting Mayor Dietz suggested the city's insurance policy be discussed at the December workshop meeting. The Council concurred. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE CITY'S INSURANCE POLCYWITH THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST. MOTION CARRIED 4-0. 6.1. Consider Resolution to Vacate a Portion of 5th Street Requested by City of Elk River. Public Hearing. Case No. EV 05-09 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated the city is requesting an easement vacation to vacate part of 5th Street and Upland Avenue as it is no longer needed. Acting Mayor Dietz opened the public hearing. There being no one to speak to this issue, Acting Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-117 FOR VACATING A PORTION OF A STREET EASEMENT, CASE NO. EV 05-09. MOTION CARRIED 4-0. 6.2. Request by Phillip Osberg for Administrative Subdivision. Public Hearing. Case No. AS 05- 04 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated the applicant is requesting an administrative subdivision to subdivide a 19.74 acre parcel into an 8.75 acre and a 9.03 acre parcel. He stated the city and the county would be taking 1.96 acres for right of way. Mr. Leeseberg further stated that the conditions outlined in his staff report should state one lot and not three lots. He stated that currently the minimum lot size for the subject parcel is 10 acres, but according to the Comprehensive Plan, in 2010 two and a half acre lot sizes will be allowed in the area. Acting Mayor Dietz opened the public hearing. There being no one to speak to this issue, Acting Mayor Dietz closed the public hearing. . . . City Council Minutes October 17, 2005 Page 4 Councilmember Motin questioned if a condition should be added stating a joint access agreement is needed. Mr. Leeseberg stated this condition should be included. Councilmember Motin questioned why the minimum lot size for the two parcels falls under the minimum 10 acre requirement. Mr. Leeseberg stated the Board of Adjustments granted a variance to the applicant. Brad Stevens, Planning Commissioner-Stated the applicant met the ordinance requirements for a variance. He stated there are wetlands on the property that would prevent it from being subdivided into 2 !j2 acre lots when allowed in 2010. Councilmember Farber stated the minimum lot size for this parcel is 10 acres and questioned if a precedent would be set because these lots are being divided into less then 10 acres. City Attorney Peter Beck stated that in the past the city has granted administrative subdivisions for plats that fall under the minimum due to the amount of property the city/county takes for right of way. He further stated the city shouldn't take the future 2 % acre zoning into consideration. He noted that this parcel was originally under 20 acres prior to the right of way being taken. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE AN ADMINISTRATIVE SUBDIVISION FOR PHILLIP OSBERG WITH THE FOLLOWING CONDITIONS: 1. PARK DEDICATION FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 2. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 3. A JOINT ACCESS AGREEMENT IS REQUIRED. MOTION CARRIED 4-0. 6.3. Request by L&M Development for Preliminary Plat (pinewood Estates 2nd Addition). Public Hearing, Case No. P 05-13 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated the Council continued (from August 15) the preliminary plat for Pinewood Estates 2nd Addition to tonight's meeting. He stated the applicant has revised the preliminary plat based on Council comments at the last meeting. Acting Mayor Dietz stated the Mayor could not be at the meeting tonight and he read a letter that she wrote to residents regarding this plat. Acting Mayor Dietz stated the city has begun the process of negotiating with owner Paul Krause to try and buy the golf course. He further stated that there is no guarantee that the city will buy the course. . . . City Council Minutes October 17, 2005 Page 5 Acting Mayor Dietz opened the public hearing. Andrew Brown, 18260 Yankton Street-Stated residents around the golf course f1led papers in court this morning to enforce the covenants. He questioned the purpose of Outlot J. Arthur Nord, representing the applicant-Stated he was disappointed in the comments made by residents at the last Council meeting. He stated Mr. Krause has a sterling reputation. He stated when Mr. Krause heard about the covenant issue he immediately met with two other parties who also have part interest in the course. He stated there are three parties involved with decisions regarding the course and Mr. Krause is trying to convince the other two parties to work with the city in the sale of the course. He further stated the city needs to continue forward with the platting process in case things don't work out. Acting Mayor Dietz closed the public hearing. Councilmember Farber informed residents that the city may not get the golf course. He stated the interests of all parties must be resolved. Councilmember Motin stated the Mr. Krause has been very willing to modify the plat and address the concerns of residents. He encouraged the residents to continue with their lawsuit and not get their hopes up with the city buying the golf course. He stated it may be too cost prohibitive. Councilmember Motin questioned if Outlots A-G should be required to be added to the properties to the north. City Engineer Terry Maurer stated there should be a requirement that the outlots either be offered to the property owners at a reasonable price or they could become city right of way. Councilmember Motin was concerned not all property owners would buy an outlot and they wouldn't all be maintained. He also expressed concern over what mechanism could be used to maintain Outlot J. Mr. Maurer stated Outlot J is an item that could be addressed in the developers agreement but wasn't sure if this would be an appropriate mechanism. City Attorney Peter Beck stated the Council should make it a condition of the plat and include it in the developers agreement. He suggested a rolling letter of credit be used to maintain Outlot J. He recommended a condition that Outlot A-G become right of way. Councilmember Farber stated he is glad residents are moving forward with their suit. He stated if would have been nice if Mr. Krause would have come to the city first. Councilmember Gumphrey thanked Mr. Krause for giving the city an opportunity with the golf course and he further expressed disappointment in the residents. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT FOR PINEWOOD ESTATES 2ND ADDITION WITH THE FOLLOWING CONDITIONS: . . . City Council Minutes October 17,2005 Page 6 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 7. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED INTO THE PLANS. 8. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THECITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL MAILBOXES BE CLUSTERED. 13. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO GRADING COMMENCING. 14. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT THE FENCING PRIOR TO GRADING COMMENCING. . . . City Council Minutes October 17, 2005 Page 7 15. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 16. PARK DEDICATION CREDIT FOR THE INTERNAL TRAIL CORRIDOR. CASH, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL, SHALL BE PAID TO COMPLETE THE PARK DEDICATION REQUIREMENTS. 17. AN INTERNAL TRAIL SHALL BE PROVIDED FROM STREET A TO THE WEST BOUNDARY OF THE PLAT, A TRAIL SHALL BE PROVIDED ALONG COUNTY ROAD 30 ALONG WITH A CONNECTION TO STREET B, AND A TRAIL OR SIDEWALK SHALL BE PROVIDED ALONG WACO STREET. 18. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. THE LANDSCAPE SHALL BE REVISED TO INCLUDE 108 STREET /BOULEV ARD TREES. 20. OUTLOTS A-G BE INCLUDED IN THE RIGHT OF WAY RELATING TO STREET A. 21. A MECHANISM SHALL BE PUT INTO PLACE TO ENSURE THAT OUTLOT J IS MAINTAINED IN A REASONABLE MANNER TO BE DETERMINED IN THE DEVELOPERS AGREEMENT. MOTION CARRIED 4-0. 6.4. Consider Resolution for Land Use Amendment to Change the Land Use for Certain Property from Open Space to Urban Residential. Public Hearing. Case No. LU 05-07 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the city would like a land use amendment in order to change the property at 17797 Tyler Street from Open Space to Urban Residential. He stated the current land use is not consistent with the proposed plat. Acting Mayor Dietz opened the public hearing. There being no one to speak to this issue, Acting Mayor Dietz closed the public hearing MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-118 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM OS (OPEN SPACE) TO UR (URBAN RESIDENTIAL), CASE NO. LU 05- 07. MOTION CARRIED 4-0. City Council Minutes October 17,2005 Page 8 . The Council took a recess at 7:55 p.m. and resumed the meeting at 8:10 p.m. 6.5. Request by Robert VanDenBerg for Preliminary Plat (Van Den Berg Addition). Public Hearing. Case No. P 05-17 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting a preliminary plat to subdivide a parcel into 10 lots. He discussed landscaping, the Natural Resource Inventory, and the recommendation of the Parks and Recreation and Planning Commissions. Acting Mayor Dietz opened the public hearing. There being no one to speak to this issue, Acting Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT FOR VAN DEN BERG ADDITION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. . 3. A SEAL COAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE PLAT FOR RECORDING. 5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 6. PARK DEDICATION SHALL BE IN THE FORM OF CASH. 7. A PLAN NEEDS TO BE SUBMITTED THAT INDICATES THE LOT SIZES AS WELL AS THE STYLE AND ELEVATION OF THE HOMES. 8. THE LOTS NEED TO BE A MINIMUM OF 12,000 SQUARE FEET. 9. THE POLE BUILDING SHALL BE REMOVED BY THE DEVELOPER PRIOR TO RECORDING THE PLAT. 10. THE PLAT WILL HAVE TO COMPLY WITH THE LANDSCAPE REQUIREMENTS. . 11. THE PLAT SHALL COMPLY WITH THE R3 ZONING REQUIREMENTS. MOTION CARRIED 4-0. City Council Minutes October 17, 2005 Page 9 . 6.6. 6.7. 6.8. 6.9. . . Consider Resolution for Land Use Map Amendment to Change the Land Use from CC (Community Commercial) to UR (Urban Residential) as Requested by New Century Land Development. Public Hearing. Case No. LU 05-05 Consider Ordinance for Zone Change from C3 (Highway Commercial) to PUD (planned Unit Development) as Requested by New Century Land Development. Public Hearing. Case No. ZC 05-03 Request by New Century Land Development for Preliminary Plat (Heritage Maples). Public Hearing. Case No. P 05-16 Request by New Century Land Development for Conditional Use Permit for Residential Planned Unit Development. Public Hearing. Case No. CU 05-17 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated the applicant is requesting a land use amendment, a zone change, a conditional use permit, and a preliminary plat for a 52 unit townhouse development. He provided an overview of the project. Mr. Harlicker stated the Planning Commission denied all the requests of the applicant. Some members of the Commission felt the land use should remain commercial. He stated the Commission wanted to continue these items so that many staff and Commission issues could be addressed. Acting Mayor Dietz stated he was in favor of this development if it was tobe for senior housing. He would like a condition added that the townhomes could only be for residents 55 and older. Mr. Harlicker stated it could also be added to the PUD agreement. Acting Mayor Dietz opened the public hearing on all four requests. Victor Pacheco, applicant, representing New Century Land Development-Stated he didn't want to bring the requests back to the Planning Commission because he believed they wanted the zoning to remain commercial andit wouldn't matter how many changes he tried to make. He stated there has been a lack of commercial interest in this parcel due to its location, shape and wetlands. Acting Mayor Dietz closed the public hearing on all four requests. Councilmember Farber expressed concerns over the private drives in the plat. He stated there are other senior housing developments in Elk River where the private drives cannot handle vehicles such as garbage trucks and the residents must haul their garbage to the end of drives. Brad Stevens, Planning Commissioner-Stated the Commission was concerned about losing the commercial aspect for this parcel but was willing to work with the applicant for the townhome development. He stated the Commission had many concerns about the plat including: the loss of a community center, high density, setbacks between buildings and near wetlands, architectural improvements, and green space. Mr. Pacheco stated there may have been a misunderstanding between himself and the Planning Commission regarding the zone change. He stated the setbacks were garages that were close together and not living spaces. Councilmember Farber questioned why the Planning Commission felt the density of this project was too high when the applicant appears to be under the city's requirements by half. City Council Minutes October 17, 2005 Page 10 . Mr. Stevens stated that because the townhomes were so close together and didn't meet the setbacks to each other and the wetlands, the Commission felt the density was too high. Discussion was held regarding the difference between city streets and private drives. Acting Mayor Dietz questioned how the city could get the rest of the service road to Waco Street. Mr. Maurer stated there is one parcel of property (Beck property) that the service road needs to cross to connect to Waco Street. He stated the city could have the developer make contact with the Beck property owners to try and acquire enough property for the service road. If they can't the city would need to use the power of eminent domain. Acting Mayor Dietz questioned where the funds would come from to pay for the property acquisition and the service road. Mr. Maurer stated he believed the expense may be too much for the developer but noted that they are the reason the road is needed. He stated if the developer is successful with the property acquisition and installs the road, then the city could agree with some type of cost participation. He stated another option is to have the developer pay $750 per townhome unit to use toward the construction of the service road but they would still have to negotiate with the Beck property owners for purchase and acquisition of land for the service road. He stated Mn/DOT may by willing to participate in construction through the Local Initiative process. . Acting Mayor Dietz questioned if a community center had been in the plat at one time. Mr. Pacheco stated that sometimes the builder will convert one of the units into a community center for residents but felt for this development was too small to support it. Councilmember Motin stated he was concerned about rezoning this parcel prematurely. He stated there is not a lot of commercial property on the west side of town and felt there was a need for it. He stated he didn't think the wetlands would make it difficult to develop commercially. He stated he would like more information on the impact to adjacent commercial properties. He stated that with all the residential development going on in the area, the commercial property is needed. He stated the Council may want to continue these requests. Councilmember Motin stated he would like to see revised drawings with the comments of staff and the Planning Commission addressed. Councilmember Gumphrey stated he would like to see the city take ownership of the private streets due to the issues with other townhomes in Elk River. He stated the frontage road should be connected to Waco Street. MOVED BY COUNCILMEMBEFARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THE LAND USE AMENDMENT, ZONE CHANGE, CONDITIONAL USE PERMIT, AND PRELIMINARY PLAT FOR HERITAGE MAPLES TO NOVEMBER 21,2005. MOTION CARRIED 4-0. . . . . City Council Minutes October 17, 2005 Page 11 6.10. Request by City of Elk River for Conditional Use Permit for Expansion of Jackson Avenue Fire Station. Public Hearing. Case No. CU 05-12 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the city would like to construct an addition to Fire Station #1. He discussed parking, building design, landscaping, and the Planning Commissions recommendation. Acting Mayor Dietz opened the public hearing. There being no one to speak to this issue, Acting Mayor Dietz closed the public hearing MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A CONDITIONAL USE PERMIT FOR THE FIRE STATION #1 ADDITION WITH THE FOLLOWING CONDITION: 1. LANDSCAPING SHALL BE PROVIDED AS REQUIRED BY ORDINANCE. MOTION CARRIED 4-0. A. Consider Bids for Construction of Fire Station #1 Addition Fire Chief Bruce West reviewed the bids that were received for the construction of Fire Station #1 and the alternative bid for the replacement of doors that are starting to delaminate. He stated reference checks were completed on the low bidder (TDJ Construction, Inc.) and came back favorable. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILLMEMBER GUMPHREY TO APPROVE THE FOLLOWING BID FROM TDJ CONSTRUCTION, INC.: STATION 1 ADDITION ALTERNATIVE BID 1 FOR DOORS $480,860 $8,850 MOTION CARRIED 4-0. B. Consider Agreement Between City of Elk River and Ambulance Service Fire Chief Bruce West stated the agreement for use of personnel and facilities between the city and the Fire and Ambulance Service was in need of an update and has been reviewed by the city attorney and finance and administrative services director. He stated the Ambulance Board voted to approve the agreement. Ms. J ohoson stated the Fire Station addition will be funded through the government building reserves. The Ambulance Service will make a down payment and then pay rent o~er time for the building. She stated once it is paid off they will pay $1.00 for the duration of the lease. Acting Mayor Dietz questioned if it would be cheaper to insure the ambulance service under the city's insurance policy. He questioned if the city would be liable if something happened with the ambulance service. . . . City Council Minutes October 17, 2005 Page 12 Ms. Johnson stated it may be a liability issue to the city to insure the ambulance service as they are considered a separate corporation. She stated there is a clause in the agreement where the city or ambulance service is not liable for any additional liability that may occur. Ms. Johnson stated she will need to check the legality of insuring a separate corporation under Elk River's insurance umbrella. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGREEMENT BY AND BETWEEN THE CITY OF ELK RIVER AND THE ELK RIVER FIRE AND AMBULANCE SERVICE FOR USE OF FIRE PERSONNEL AND FACILITIES. MOTION CARRIED 4-0. 6.11. Consider Resolution for Land Use Map Amendment to Change Land Use from Community Commercial to Highway Business (Lots 1&2. Country Crossing). as Requested by City of Elk River. Case No. LU 05-06 6.12. Consider Ordinance for City of Elk River for Zone Change from Business Park to Highway Commercial (Lots 1&2. Country Crossing) as Requested by City of Elk River. Public Hearing-Case No. ZC 05-04 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the city would like a land use plan amendment (Community Commercial to Highway Business) and a zone change (Business Park to Highway Commercial) for a parcel of property located at Highway 10 and Joplin Street in order to make them consistent with each other. Acting Mayor Dietz opened the public hearing for both the land use and the zone change. There being no one to speak to these two issues, Acting Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-119 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM CC (COMMUNITY COMMERCIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 05-06. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 05-24 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM BP (BUSINESS PARK) TO C3 (HIGHWAY COMMERCIAL), CASE NO. ZC 05-04. MOTION CARRIED 4-0. 6.13. Consider Concept Plan for 17 5th Avenue Area Senjor Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the Council directed staff and the Planning Commission to formulate a plan for future development of 80 acres on the south side of 175th Avenue. Mr. Harlicker provided a review to Council of a proposed concept plan for the area. A Councilmember questioned how neighbors affected by the plan reacted to it. Mr. Harlicker stated that at first they had a mixed reaction but then became amendable to the concept plan once they understood they would not be forced to sell out and move. . . . City Council Minutes October 17,2005 Page 13 Planning Commissioner Brad Stevens stated the whole process of developing this concept plan worked out very well. It was the consensus of the Council that they liked the concept plan presented tonight. 6.14. Request to Waive Letter of Credit for East Elk River School Community Development Director Scott Clark stated the Elk River School District is requesting to have their letter of credit for the East Elk River Elementary School project waived. Acting Mayor Dietz questioned if the letter of credit were waived, what tool the city could use to make the school district complete any site issues or corrections that may be needed at a future date. Mr. Clark stated there would not be any such tool. He stated it would be a good faith gesture on the part of the city. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO WAIVE THE LETTER OF CREDITTO THE SCHOOL DISTRICT. MOTION CARRIED 4-0. 7.1. Consider Police Department Issued Weapons Policy and Expenditure Police Chief Jeff Beahen stated currently Elk River police officers are allowed to carry any weapon of their choice on duty. He stated that Police Departments nationwide have a policy in place whereby they are to carry a Police Department issued weapon. He stated that with officers carrying their own weapon, the liability to the city is considerably higher and recommends the City of Elk River adopt a policy in which all officers must carry the same weapons. He stated that after extensive study the Kimber pistol is the fIrst choice among the department. Ms. J ohoson stated the cost of the Police Department issued weapons would be $26,270 and could come from available funds in the Council contingency budget. Councilmember Farber stated he works as a police officer for the Fridley Police Department (who uses Police Department issued weapons) and he felt it was a good idea for consistency, training and liability. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A POLICE DEPARTMENT ISSUED WEAPONS POLICY AND TO AUTHORIZE THE PURCHASE OF THE KIMBER PISTOL WITH FUNDS TO COME FROM COUNCIL CONTINGENCY. MOTION CARRIED 4-0. 7.2. Consider Environmental Administrator and Environmental Assistant Positions Community Development Director Scott Clark stated the Environmental Department will be separated from the Building Department and reviewed the staff position descriptions and pay for this department. . . . City Council Minutes October 17, 2005 Page 14 Ms. Johnson stated the Personnel Committee met and agreed with the position descriptions and salaries for the Environmental Department. She stated there would be a job analysis review of these positions after 6 months. Acting Mayor Dietz stated that if the review changes the pay for these two positions, it should be retroactive starting October 18, 2005. Mr. Clark stated the building official position would be posted internally within a few days. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING: 1. PROMOTE REBECCA HAUG TO ENVIRONMENTAL ADMINISTRATOR WITH A STARTING SALARY OF $63,050 2. HIRE INTERN MARA ANDERSON AS THE ENVIRONMENTAL ASSISTANT WITH A STARTING SALARY OF $31,500 3. A COMP WORTH STUDY OFBOTH POSITIONS AFTER SIX MONTHS WITH ANY PAY ADJUSTMENTS TO BE RETROACTIVE. MOTION CARRIED 4-0. 7.3. Parks and Recreation Update Finance and Administrative Services Director Lori J ohoson provided an update of the Parks and Recreation Department activities as outlined in Parks and Recreation Director Bill Maertz's memo. Acting Mayor Dietz stated he would like Mr. Maertz be involved on the possible Pinewood Golf Course acquisition. Ms. Johnson stated the city has started the process to determine the viability of the course. Acting Mayor Dietz questioned if the Council should authorize the city obtaining an appraisal. He stated he talked to Mr. Maertz who stated he knows an appraiser who has done this type of appraisal work. It was the consensus of the Council that staff could obtain appraisal quotes. Ms. J ohoson stated Mr. Beck may know an individual who can perform this type of appraisal. Councilmember Motin questioned why the city owns an outlot in Park Point that hasn't had any improvements made to it. Mr. Maurer stated he thought it was an outlot that was platted with the intention of being a park trail. Councilmember Motin further questioned why the city isn't going to wait to develop Rivers Edge Commons due to the cost. He suggested the city split the project between two years. Ms. Johnson stated that Mr. Maertz felt that as long as there was going to be construction disrupting downtown, why not get all the construction over and done at one time. . . . City Council Minutes October 17, 2005 Page 15 7.4. NCDA Update Councilmember Motin provided an update of the Northstar Corridor Development Authority meeting held on October 6, 2005. 7.5. Utilities Update Acting Mayor Dietz provided an update on the Utilities Commission meeting held on October 11, 2005. He stated he would like the independent auditor for the Utilities to come to a City Council worksession to discuss issues regarding the checks and balance measures for Elk River Municipal Utilities. Mr. Clark stated the groundbreaking for Target Technology is on Friday, October 21, at 9:00 a.m. 7.6. YMCA Update Councilmember Gumphrey stated he was unable to attend the YMCA meeting but talked with Bill Helliwell. He stated the YMCA gave a presentation to Sherburne County Commissioners on building specifications, possible locations, and FInancing. 7.7. Cancel Special City Council Meeting Scheduled for October 24.2005 Councilmember Farber stated the Council as a whole decided to have a joint meeting with Sherburne County on October 24 and he felt the Council as a whole should decide if the meeting is to be cancelled. He stated he had to rearrange his work schedule and trade away a weekend in order to attend the meeting. Councilmember Farber stated it isn't right for the Mayor to cancel a meeting and the Council should have been notified. Acting Mayor Dietz stated that Councilmember Farber should relay his comments to the Mayor. It was the consensus of the Council that a meeting should be considered for cancellation by the Council as a whole. Acting Mayor Dietz suggested that this topic be discussed formally at a future Council meeting. Ms. J ohoson stated she talked to County Administrator Brian Benson and that it was a combination of things that caused the special meeting to be cancelled. Councilmember Farber stated the Council should still consider meeting on October 24 to discuss city staffing issues as the next Council meeting is three weeks away. Acting Mayor Dietz stated Mr. Clark is in the process of evaluating staffing needs for the Planning Department. He stated there is a light agenda for November 7 and the administrator position could be discussed then. . . . City Council Minutes October 17, 2005 Page 16 Acting Mayor Dietz suggested the following topics for the joint meeting with Sherburne County to be held on November 14 if the county is available. . Transportation YMCA Police/Sheriff radio communications . . Councilmember Farber stated he didn't like the tone in the sheriffs letter to the police chief. Acting Mayor Dietz requested staff move as much from the November 14 worksession agenda as possible to the November 7 agenda or postpone to the December 12 worksession agenda. The Council added personnel issues to the November 7 agenda. They moved the Jerry Davis comparable worth appeal and the drugs and health issue to the November 7 agenda. The Natural Resources Inventory was moved to the December 12 agenda. The Boys and Girls Club item will be moved to an agenda date yet to be determined. 8. Other Business There was no other business. 9. Staff Updates City Engineer Terry Maurer stated the MPCA completed a successful compliance inspection at the Wastewater Treatment Plant. He stated it was an attribute to a job well done especially during a construction project Acting Mayor Dietz stated the Council should send a letter to WWTP Supervisor Gary Leirmoe congratulating him. Mr. Clark stated there will be a groundbreaking on Tuesday, October 25, at 10:00 am. for the Metro Plains downtown revitalization project 10. Adjournment There being no further business, Acting Mayor Dietz adjourned the meeting of the Elk River City Council at 10: 25 p.m. Minutes prepared by Tina Allard.