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12-19-2005 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 19, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: Finance and Administrative Services Director Lori Johnson, Community Development Director Scott Clark, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, Police Chief Jeff Beahen, Environmental Administrator Rebecca Haug, Utilities General Manager Bryan Adams, City Attorney Peter Beck, and Recording Secretary Tina Allard Also Present: Planning Commissioner Howard Ropp 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. Consider 12/19/2005 Agenda Ms. Johnson added School Board Selection Committee to Other Business. 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 GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 12/05/05 COUNCIL MINUTES. 3.2. CHECK REGISTER. 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.4. FINAL PAYMENT OF $112,600 FROM NSP RESERVE FUND TO ISD 728 FOR THE LITTLE THEATER. 3.5. MASSAGE ESTABLISHMENT LICENSE-RITA EVENSON THERAPEUTIC MASSAGE; MASSAGE THERAPIST LICENSE TO RITA EVENSON. 3.6. ANNUAL RENEWAL OF TOBACCO, MECHANICAL AMUSEMENT, MASSAGE ESTABLISHMENT, MASSAGE THERAPIST, FIREWORKS, AND PRIVATE AND COMMERCIAL KENNEL LICENSES WITH CONDITIONS AS OUTLINED IN THE STAFF REPORT. City Council Minutes Page 2 December 19, 2005 ----------------------------- 3.7. DOWNTOWN NORTH OF HIGHWAY 10 REDEVELOPMENT PLAN WORK PLAN OUTLINE. 3.8. AGREEMENT BETWEEN SHERBURNE COUNTY AND THE CITY OF LOCAL EQUIPMENT PLAN, TERMS FOR OPERATING AND REPLACEMENT COSTS OF AUTOMARK MACHINES TO MEET HAVA REQUIREMENTS. 3.9. REQUEST BY DAN O’MARA FOR FINAL PLAT OF ELK RIDGE CENTER 3 ADDITION, CASE NO. P 05-20-CONTINUED TO RD JANUARY 17, 2006. 3.10. REQUEST BY NEW HORIZON DAYCARE FOR A CONDITIONAL USE PERMIT TO OPERATE A DAYCARE FACILITY, CASE NO. CU 05- 25-CONTINUED TO JANUARY 17, 2006. MOTION CARRIED 5-0. 4. Open Mike Trudy and Ed Fisher, 18086 Macon Street-Stated they would like to rent (for a nominal fee) part of their home to citizens in need. They questioned how they could be approved for this use in their home. Mr. Clark stated the zoning ordinance prohibits rental housing where the Fisher’s are located. He stated the city has two options they can pursue: rezoning the parcel or a zoning text amendment. Councilmember Motin questioned if the home could fall under the Bed and Breakfast ordinance. Mr. Harlicker stated there is a limit on the number of nights a person can stay at a bed and breakfast. Mayor Klinzing stated this would be a type of emergency housing and directed staff to look at options for the Fishers. Councilmember Dietz questioned if it would make a difference if rent were not charged for the housing. Mr. Beck stated it may be okay but staff should review to confirm. 5. Closed Executive Session At 6:40 p.m., Mayor Klinzing announced that the Council would be going into a closed Executive Session as allowed under MN Statute 13D.95, Subd. (3)b, Attorney-Client Privilege, to discuss the Builders Association lawsuit. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO RECESS THE COUNCIL MEETING TO A CLOSED EXECUTIVE SESSION TO DISCUSS THE BUILDERS ASSOCIATION LAWSUIT. MOTION CARRIED 5-0. City Council Minutes Page 3 December 19, 2005 ----------------------------- Mayor Klinzing reconvened the Council meeting at 7:12 p.m. explaining that under MN Statute 13D.95, Subd. 3(b) the Council held an Executive Session and discussed the Builders Association lawsuit. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE A CONSENT DECREE BETWEEN THE CITY OF ELK RIVER AND THE BUILDER’S ASSOCIATION OF THE TWIN CITIES AND SUBURBAN NORTHWEST BUILDERS ASSOCIATION. MOTION CARRIED 5-0. 6.1. Boys & Girls Club Request for Funds Chief Beahen gave a presentation explaining the mission, goals, and fees for the Boys & Girls Club. He stated the mission and goals of the Club have not been very clear in the community and the Board is trying to improve the Club’s image. He stated the Club was built before its time and he sees a strong need for it in the next 3-5 years. He stated the Club is requesting $24,000 from the city for programming. Councilmember Dietz is concerned with duplication of services between the Club and the recreation division of the city. He stated Parks and Recreation Director Bill Maertz believes the city can serve the same programming needs as the Club is providing. Chief Beahen stated that Recreation serves all youth in the community whereas the Club can reach the needs of disadvantage youth. Ms. Johnson stated that $12,000 of funding is already slated to go to the Club from landfill abatement funds for recycling programs. Mayor Klinzing questioned the number of youth in the Club on a daily basis. Duane Howard, Executive Director of the Club-Stated the numbers vary but during the week there is an average of 42 youth at the Club daily and 25 in the evenings. He stated the Club only used about $6,000 (of the $12,000 allotted) from landfill abatement funds in 2005. Councilmember Motin stated the city can not legally give charitable contributions to organizations. He stated concerns with offering duplicate of services. Councilmember Farber concurred with Chief Beahen. He felt this is needed programming for disadvantage youth. He stated the Recreation Department doesn’t target at-risk youth. Councilmember Dietz stated he had mixed feelings about giving the Club these funds. He suggested that some funds be given but not the full $24,000. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO FUND $24,000 (FROM COUNCIL CONTINGENCY) TO THE BOYS AND GIRLS CLUB FOR PUBLIC SAFETY PROGRAMMING WITH THE FOLLOWING CONDITION: 1.QUARTERLY REPORTS SHALL BE SUBMITTED TO THE CITY. City Council Minutes Page 4 December 19, 2005 ----------------------------- MOTION CARRIED 3-2. Councilmember Motin and Dietz opposed. 6.2. Update on Pinewood Letter of Intent Mayor Klinzing provided background of the city’s attempt to purchase Pinewood Golf Course. She felt the property was worth $1.8 million and would like the City Council to draft up a purchase agreement for this amount with the same terms outlined in the last Letter of Intent to Paul Krause, current owner of the Course. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TO DRAFT A PURCHASE AGREEMENT IN THE AMOUNT OF $1.8 MILLION WITH THE FOLLOWING TERMS: 1.$1.8 MILLION OVER 5 YEARS ON A CONTRACT FOR DEED. 2.INTEREST RATE OF 6% WITH A DOWN PAYMENT OF $400,000. 3.NO PREPAYMENT FOR FIVE YEARS. 4.CLOSING HELD AFTER JANUARY 1, 2006. Councilmember Motin stated he would like an amendment that this would be the final offer. The maker and seconded of the motion were amendable. MOTION CARRIED 3-2. Councilmember Dietz and Gumphrey opposed. Councilmember Motin stated he spoke with Mr. Krause’s attorney, who indicated that this offer would not be acceptable to Mr. Krause. Councilmember Motin stated this would be a great addition to the city park system but from a business standpoint it would not be a good investment for the city. He stated it would not make money and may operate with a deficit similar to the Ice Arena operation. Councilmember Farber concurred. 7.1. Resolution for Final Plat Approval for Van Den Berg Addition Requested by Robert Van Den Berg, Case No. P 05-17 Mr. Leeseberg stated the applicant would like to final plat Van Den Berg Addition into 10 lots. He reviewed the plat. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-132 GRANTING FINAL PLAT APPROVAL FOR VAN DEN BERG ADDITION, CASE NO. P 05-17 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 City Council Minutes Page 5 December 19, 2005 ----------------------------- REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 3.A SEAL COAT FEE SHALL BE PAID, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL, 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 AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 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 5-0. 7.2. Request by Aulik and Associates for Preliminary Plat (Aulik Acres), Public Hearing – Case No. P 05-21 Mr. Leeseberg stated the applicant is requesting preliminary plat to subdivide a parcel into six lots. The lots will be on a 600 foot long cul-de-sac and range from 2.53 acres to 5.92 acres. He stated the Parks and Recreation Commission recommends cash for five lots. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE PRELIMINARY PLAT, CASE NO. P 05-21 WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. City Council Minutes Page 6 December 19, 2005 ----------------------------- 2.ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3.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. 4.A SEAL COAT FEE SHALL BE PAID, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL, PRIOR TO RELEASING THE PLAT FOR RECORDING. 5.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. 6.THE APPLICANT SHALL EXECUTE A DEVELOPER’S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7.PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 8.THE DRIVEWAY FROM THE EXISTING HOME SHALL AT LEAST BE PAVED FROM THE STREET EDGE TO THE RIGHT-OF-WAY LINE. MOTION CARRIED 5-0. 7.3. Request by Hassan 101, LLC to Appeal Staff’s Interpretation of Section 30.859 of the City’s Land Use Regulations Regarding an Off-Premise Sign, Public Hearing-Case No. V 05-05 7.4. Request by Hassan 101, LLC for a Conditional Use Permit to Allow a Rental Center at 728 Railroad Drive, Public Hearing-Case No. CU 05-28 Mr. Harlicker stated the applicant is requesting a variance to staff’s interpretation that a freestanding pylon sign is not allowed on Outlot A, Hals Addition. Mr. Harlicker explained that according to the zoning ordinance, the applicant’s sign is considered a structure; and a structure is defined as a development; and therefore cannot be installed on the outlot as development is not allowed on an outlot. Mr. Harlicker further explained that the applicant’s sign would not be allowed according to Section 30-859 of the Zoning Code regarding Prohibited Signs. He stated that Outlot A and an adjacent lot (728 Railroad Drive) are both owned by the applicant. He further discussed the Board of Adjustment’s discussion and recommendation. He stated the former lumber yard used the outlot for storage, which was a non-conforming use. Mayor Klinzing opened the public hearing. Jim Gooley, representing the applicant-Stated he would like to clean up and improve the site. Mayor Klinzing closed the public hearing for the variance request. City Council Minutes Page 7 December 19, 2005 ----------------------------- Councilmember Farber questioned the purpose of the outlot. Mr. Maurer stated the outlot was platted by the city and was done to clean up the right of way and for parking. Councilmember Dietz stated the applicant will be making improvements to the site and he didn’t want to discourage him away from Elk River. Councilmember Motin stated he believed the Housing and Redevelopment Authority (HRA) would not like the sign design. He stated he would like to see the applicants business at the lumber yard site but the HRA hasn’t completed the redevelopment concept for this area. He stated would like to see a traditional sign design. He would be more inclined to allow storage on the site. Councilmember Dietz questioned the signage dimensions and appearance. He stated he does not have a problem with how it looks as long as it meets the city’s requirements. He stated it wouldn’t be fair to limit this applicant’s sign design when other businesses in Elk River have the flashing signs. Mr. Gooley stated it was designed according to the city’s sign requirements. Mr. Clark stated the sign is not the issue. He stated the outlot is the issue and if approved it would be a non-conforming parcel. Commissioner Ropp explained the Planning Commissions split decision on the variance request. Mayor Klinzing questioned if the applicant could get a variance on his equipment rental site. Mr. Beck stated if the applicant is allowed to use the outlot, then the city would have to allow usage on other outlots. He stated liability concerns. Mayor Klinzing questioned if this type of use is allowed anywhere else in the city. Mr. Harlicker stated that some cluster developments have security buildings to their entrances on outlots. Councilmember Farber stated he has no issues with the sign being allowed on the outlot but he would like to see a different looking sign. Mr. Beck stated if the sign is allowed it should be part of a condition in the conditional use permit. He suggested making the sign and interim condition. He suggested continuing this request until staff has time to draft the proper language that will apply to this specific parcel and not affect other outlots. Mayor Klinzing stated she envision one sign that would list all the businesses in the area. ------------------------ Mayor Klinzing opened the public hearing for the conditional use permit. City Council Minutes Page 8 December 19, 2005 ----------------------------- Jim Gooley, representing the applicant-Stated he has an issue with closing the access point on Railroad Drive to send his customers to 4 Street. th Mayor Klinzing closed the public hearing. Mayor Klinzing questioned if a Right In-Right Out off of Railroad Drive could work. Mr. Maurer stated there would be no way of enforcement other than signage. He stated curbing and medians would not be feasible at this time. He stated he saw this as an opportunity to limit access points on Railroad Drive due to traffic congestion in the area. He sited other examples where Council has done this in the city and stated it would make a redevelopment opportunity for Railroad Drive much easier in the future. Councilmember Farber stated he doesn’t want to discourage a new business. He doesn’t want to limit access and believes citizens will use common sense and take the entrance that will be the easiest depending upon the traffic. He stated if the area is to be redeveloped, then access issues can be solved then. Councilmember Dietz stated if access is closed to this business, then it should be done to all the businesses in a fair manner. Mr. Maurer suggested if the Railroad Drive entrance is allowed that the 4 Street also be th maintained as an entrance so citizens have an opportunity to enter from both sides. Mr. Beck stated if the city were to close Railroad Drive as part of a redevelopment project and for safety concerns, then the access points could be closed and reoriented to 4 Street. th He suggested continuing both items so staff can develop conditions to the conditional use permit. The applicant was acceptable to extending the timeframe to January 17, 2006. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE VARIANCE, CASE NO. 05- 05 AND CONDITIONAL USE PERMIT, CASE NO. CU 05-28 TO JANUARY 17, 2006. MOTION CARRIED 5-0. 7.5. Request by Bauerly Bros., Inc. for Amendment to Conditional Use Permit, Public Hearing- Case No. CU 05-21 Ms. Haug stated the applicant is requesting a conditional use permit to mine 13-21 feet into a water table on the Toth property. She stated the Technical Evaluation Panel has determined that this project would be exempt from compliance of wetland issues. She stated this site was included in the city’s Environmental Impact Statement for Mineral Excavation in 1994. Mayor Klinzing opened the public hearing. John Henry, representing the applicant-Explained testing done at the site. Mayor Klinzing closed the public hearing. City Council Minutes Page 9 December 19, 2005 ----------------------------- MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 05-21 WITH THE AGREEMENT INCLUDED IN THE STAFF REPORT. MOTION CARRIED 5-0. The Council took a ten minute break. 7.6. Request by Saxon Auto World for Conditional Use Permit for Auto/Motorcycle Sales, Public Hearing-Case No. CU 05-22 Mr. Leeseberg stated the applicant is requesting a conditional use permit (CUP) to allow an automobile sales office and showroom from the former NAPA building. He discussed parking, signage, and landscaping and the Planning Commission recommendation. He also stated there have been past issues with the applicant parking vehicles in the right-of-way and on sidewalks. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz questioned if this business would be part of Saxon Motors. The applicant stated it will be a separate business. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 05-22 WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3.AUTOMOBILE, MOTORCYCLE, AND ATV SALES SHALL BE ALLOWED. 4.NO MORE THAN SEVEN VEHICLES (AUTOMOBILES, MOTORCYCLES AND/OR ATV’S) SHALL BE PARKED ON THE CONCRETE PLAZA AREA. 5.ALL VEHICLES, AT THE 17354 YALE ST & 17315 ZANE STREET SITES, SHALL BE PARKED ON AN APPROVED SURFACE WITHIN THE PROPERTY PER SETBACK REQUIREMENTS. 6.NO VEHICLES AT 17354 YALE ST & 17315 ZANE STREET SHALL BE PARKED IN THE PUBLIC RIGHT-OF-WAY OR ON SIDEWALKS. 7.NO FOR-SALE VEHICLES SHALL BE PLACED IN THE 13 (TEN STALLS DIRECTLY NORTH OF THE BUILDING AND THE THREE City Council Minutes Page 10 December 19, 2005 ----------------------------- STALLS WEST OF THE BUILDING) CUSTOMER/STAFF PARKING STALLS. 8.IF THE EXISTING FREESTANDING SIGN ALONG HIGHWAY 10 IS BEING CHANGED IN ANY MANNER, OTHER THAN THE FACE PLATES BEING SWITCHED, IT SHALL REQUIRE A SIGN PERMIT. 9.THE BUILDING SHALL MEET THE C3 DESIGN STANDARDS. 10.THE HOURS OF OPERATION SHALL BE 7AM-9PM MONDAY THRU THURSDAY & 7AM-5PM FRIDAY AND SATURDAYS. MOTION CARRIED 5-0. 7.7. Ordinance for Zone Change for Property East of Highway 169 at the 221 Avenue st Alignment from A1 (Agricultural Conservation) to Antenna Overlay Requested by American Tower Corp., Public Hearing-Case No. ZC 05-05 7.8. Request by American Tower Corp. for Conditional Use Permit For Antenna Tower (Cingular), Public Hearing-Case No. CU 05-23 Mr. Harlicker stated the applicant is requesting a zone change and a conditional use permit for a telecommunications tower. He discussed zoning, design standards, construction requirements, the standards of issuance of a conditional use permit, and the Planning Commission recommendation. Mr. Harlicker stated up to four additional carriers could be allowed on the tower. Mayor Klinzing opened the public hearing for both the zone change and the conditional use permit request. John Nicka-Agent for applicant-Stated he was available for any questions. He distributed a map reviewing the coverage available once the tower is installed. He stated a beacon light will not be needed as the tower is under the height requirement. Mayor Klinzing closed the public hearing for both items. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 05-27 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO AT (ANTENNA OVERLAY), CASE NO. ZC 05-05 BASED ON THE FOLLOWING FINDINGS: 1.THE PROPOSED REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES. 2.THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE WIRELESS TELECOMMUMNICATION COVERAGE FOR THE CITY. 3.THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. City Council Minutes Page 11 December 19, 2005 ----------------------------- AND TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 05-23 BASED ON THE FOLLOWING FINDING: 1.THAT IT COMPLIES WITH THE STANDARDS FOUND IN SECTION 30-654. MOTION CARRIED 5-0. 7.9. Request by William Matthews for Conditional Use Permit to Allow Auto Sales, Public Hearing-Case No. CU 05-24 Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate an auto sales business from the retail strip mall located at 13479 Business Center Drive. He stated no more than six vehicles would be allowed onsite. Mr. Leeseberg discussed employees, hours of operation, parking, the standards for issuance of a conditional use permit, and Planning Commission action. Mayor Klinzing opened the public hearing. William Matthews, applicant-Stated he was available for any questions. Mayor Klinzing closed the public hearing. Mayor Klinzing stated she does not like this type of use in the strip mall. She is concerned about the outside storage of vehicles in the parking lot and how this use may affect surrounding property owners. She questioned if the applicant was going to keep this same business at his other site in Martin Plaza. Mr. Matthews stated his existing location does not meet new state requirements for office space so he is moving his business. Councilmember Dietz stated he felt the use was not appropriate for the site. He stated it will be confusing to citizens to see the “for sale” signs on parked vehicles. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO DENY CONDITIONAL USE PERMIT, CASE NO. CU 05-24 BASED ON THE FINDING THAT THE REQUEST CANNOT MEET CONDITION 1, 3, AND 7 OF THE CITY CODE REQUIREMENTS FOR ISSUANCE OF A CONDITIONAL USE PERMIT: 1. WILL NOT ENDANGER, INJURE, OR DETRIMENTALLY AFFECT THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY OR THE PUBLIC HEALTH, SAFETY, MORALS, COMFORT, CONVENIENCE OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY. 3. WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING VACANT PROPERTY. City Council Minutes Page 12 December 19, 2005 ----------------------------- 7. WILL FULLY COMPLY WITH ALL OTHER REQUIREMENTS OF THIS CODE, INCLUDING ANY APPLICABLE REQUIREMENTS AND STANDARDS FOR THE ISSUANCE OF A LICENSE OR PERMIT TO ESTABLISH AND OPERATE THE PROPOSED USE IN THE CITY. MOTION CARRIED 5-0. 7.10. Request by Christian Commercial, LLC for Conditional Use Permit for Manufacturing Facility, Public Hearing -Case No. CU 05-26 Mr. Harlicker stated the applicant is requesting a conditional use permit to construct a concrete product manufacturing facility. He discussed site conditions, hours of operation, building design, parking, circulation, the existing resident, and Planning Commission action. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 05-26 WITH THE FOLLOWING CONDITIONS: 1.THE EXISTING ACCESS FROM HIGHWAY 169 CAN NOT BE UTILIZED BY THIS FACILITY. THE PROPOSED CONNECTION TO THE EXISTING DRIVEWAY SHALL BE ELIMINATED FROM THE SITE PLAN. 2.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3.THE EXISTING RESIDENCE BE ALLOWED TO REMAIN PROVIDED THAT THE OCCUPANTS ARE EMPLOYEES OF PLAISTED COMPANIES OR JT LAND COMPANY AND THEIR JOB IS THAT OF CARETAKER OF THE MINING PIT AND OR PRODUCTION FACILITY. 4.SCREENING SHALL BE PROVIDED ALONG THE EAST PROPERTY LINE, BETWEEN THE FACILITY AND THE ADJACENT RESIDENCE. 5.DOWNCAST BUILDING LIGHTS ONLY, NO OTHER SITE LIGHTING IS ALLOWED. MOTION CARRIED 5-0. 7.11. Ordinance for Zone Change from R1c (Single Family Residential) to AT (Antenna Overlay) Requested by Prosource Technologies, Inc., Public Hearing-Case No. ZC 05-06 City Council Minutes Page 13 December 19, 2005 ----------------------------- 7.12. Request by Prosource Technologies, Inc. for Conditional Use Permit for Antenna Tower at City Hall site, Public Hearing -Case No. CU 05-27 Mr. Harlicker stated the applicant is requesting a zone change and a conditional use permit to construct a telecommunications tower. He stated the tower would be located on city property and host the 850 MHz radio equipment. He stated the tower would be able to hold one additional carrier. He discussed construction requirements, landscaping, lighting, design standards, and Planning Commission action. Mayor Klinzing opened the public hearing for the zone change and the conditional use permit. There being no one to speak to these issues, Mayor Klinzing closed the public hearing. Councilmember Motin questioned who would be responsible for landscape maintenance. Mr. Harlicker stated it would be the applicant. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 05-28 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO AT (ANTENNA OVERLAY), CASE NO. ZC 05-06 BASED ON THE FOLLOWING FINDINGS: 1.THE PROPOSED REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES. 2.THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE WIRELESS TELECOMMUNICATION COVERAGE FOR THE CITY. 3.THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. AND TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 05-27 WITH THE FOLLOWING CONDITIONS: 1.THE APPLICANT AND THE CITY ENTER INTO A LEASE AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE TOWER CONSTRUCTION, OPERATION, ACCESS AND MAINTENANCE. 2.THE EXTERIOR OF THE SHELTER SHALL MATCH THE EXTERIOR OF THE PUBLIC SAFETY BUILDING. 3.THE SITE SHALL BE SCREENED FROM THE SOFTBALL FIELDS WITH PLANTINGS. THE PROPOSED EVERGREENS SHALL BE PLANTED ON THE WEST AND NORTH SIDES OF THE FENCED AREA. 4.THE ACCESS DRIVE SHALL BE PAVED. City Council Minutes Page 14 December 19, 2005 ----------------------------- MOTION CARRIED 5-0. 7.13. Consider Concept Plan for Northeast Corner of TH 169 and 197 Avenue th Mr. Harlicker stated staff and the Planning Commission reviewed three parcels that three residents requested be rezoned from residential to commercial. He discussed the advantages and disadvantages of rezoning these parcels to commercial. Mr. Harlicker stated Mn/DOT is proposing an interchange for the intersection of Highway 169 and 197 Avenue. He drew th on a map where the interchange could possibly go and stated it may affect one and a half of the three parcels. Mr. Harlicker stated the Planning Commission felt that some of the land should be preserved for the future interchange. He further stated staff is looking for direction from Council on how to proceed with zoning these parcels. Mayor Klinzing questioned if staff knows what type of interchange would be used at this intersection. She questioned if the city could obtain the proposed interchange alignment from Mn/DOT. She stated it makes sense to zone these parcels commercial because the city needs more commercial in the city and this would have a limited impact to the surrounding area. Mr. Maurer stated there are no designs at this time for this interchange but that the Split Diamond Interchange that Mr. Harlicker drew out would be the most likely type. Councilmember Farber questioned if the map drawn by Mr. Harlicker was realistic or liberal. Mr. Maurer stated it was realistic. Councilmember Motin stated he felt it was premature to rezone this parcel due to the uncertainty of the interchange. He stated it makes sense to rezone this parcel at some point but not until the city is aware of Mn/DOT’s plans. He stated if the parcel is rezoned now it could cost more in the future for land acquisition. Councilmember Dietz concurred. He stated the traffic is not heavy on 197 Avenue to th warrant the rezone to commercial development at this time. Councilmember Farber stated it would be a gamble to develop the parcels at this time. Mayor Klinzing suggested revisiting this issue in 12 months because Mn/DOT should be done working on an IRC Study for the city, which will give the city a better understanding of what is planned for the intersection. Councilmember Gumphrey stated the parcels should be zoned commercial. Mayor Klinzing stated she would like to preserve some land for the interchange. Mr. Beck stated 4 votes would be needed to rezone the land to commercial and right now the indication is that the votes would not be available. He stated the city could take a reasonable amount of property to meet the needs of a project but for the amount of land needed for this interchange someone would have to compensation the property owners. City Council Minutes Page 15 December 19, 2005 ----------------------------- David Plude, Jr., 11537 197 Avenue-Stated he would like to continue to work with the th city and the state but he also would like to be able to move on with his life. Mayor Klinzing questioned if the Comprehensive Plan could be changed rather than rezoning. Councilmember Motin stated concerns with the Metropolitan Council and that the zoning would need to be consistent with the Comprehensive Plan. 7.14. Drainage Issues Update Mr. Maurer provided an update on drainage issues in Elk River as outlined in his staff report. 7.15. County Highway 40 Right-of-Way (ROW) Mr. Maurer explained that one resident on County Road 40 had yet to sign an easement agreement for giving the city right-of-way on CR 40. He stated he and Councilmember Motin met with the resident to discuss the resident’s concerns. Mr. Maurer drafted a letter to send to the resident with how the issues of the resident would be resolved. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO SEND THE LETTER IN THE STAFF REPORT TO MS. NORDEEN. MOTION CARRIED 5-0. 8.1. Authorization to Proceed with Hiring a Planning Manager Mr. Clark stated he would like to hire a planning manager. He discussed the Personnel Committee’s recommendation for the position. Councilmember Motin expressed concern over the pay structure and felt it was high. He stated this is a management position versus a director type position and the city is paying on the high end for these salaries. Mr. Clark stated it is necessary to pay these salaries to be competitive in the market and to fit in with the recent hires of the environmental administrator and the building supervisor. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE THE HIRING OF A PLANNING MANAGER WITHIN THE 6E PAY GRADE RANGE. MOTION CARRIED 5-0. Councilmember Motin requested staff to keep pay to the lower end of the range. 8.2. Request from Elk River Utilities to Adopt a Resolution Giving Preliminary Approval to a Project Undertaken by Utilities Mr. Adams stated the Elk River Utilities has many projects next year and the Utilities Commission voted 3-1 to recommend to the city the use of the MCMU pool with a fixed rate and a variable rate. City Council Minutes Page 16 December 19, 2005 ----------------------------- Jerry Takle, Utilities Commissioner-Stated the Commission wished to support the new MCMU bond pool because they specifically support utility companies, funds can be drawn from quickly, the cost would be minimal, and the Commission would like to promote the credibility of this new tool. Jack Hagle, Executive Director of MMUA-Stated this is the third MCMU bond pool issued and provided examples of other cities using the pool. Terry Heaton, Springsted-Stated Springsted supports the MCMU bond pool. She reviewed the variable rate pool and the risks associated with it. Ms. Johnson stated the savings would be very minimal and not worth taking due to the fluctuating interest rates in the current market. She stated the debt would reflect on the city’s books. Councilmember Dietz stated the city shouldn’t be involved with using variable rates. Councilmember Farber expressed concerns with rising interest rates and he would like the city to maintain its bond rating. Councilmember Motin stated the city has worked very hard to get great bond rating and was concerned with affecting the rating. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO REQUIRE ELK RIVER UTILITIES USE A FIXED RATE DEBT THROUGH THE CITY AS A STAND ALONE ISSUE. MOTION CARRIED 5-0. Mayor Klinzing stated she supports the motion but she understands the Utilities Commission and Mr. Adams desire to support the MCMU Utility Bond Pool. 8.3. Consider 2005 Budget Amendments Ms. Johnson reviewed the budget amendments as outlined in her staff report. Mayor Klinzing questioned if the 2006 levy could be lowered due to the $536,600 increased revenues. Ms. Johnson stated that extra expenditures that weren’t in the budget (but already approved by Council during the year) increased by $231,000. She further stated that the fuel costs for the city during 2005 will be over what is budgeted. Mayor Klinzing questioned if the city could take what is left over and put it into reducing the levy rather than putting it into a specific fund. Ms. Johnson stated if the Council would like to use the leftover revenues toward property taxes, it would be best to do it in 2006 when the 2005 reserves are designated, then the city would have the exact amount set. City Council Minutes Page 17 December 19, 2005 ----------------------------- MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE BUDGET AMENDMENTS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 8.4. Resolution Setting the Final Tax Levy for Taxes Payable 2006 and Consider Motion Adopting 2006 General Fund and Special Revenue Fund Budgets Ms. Johnson stated the city would like to set the property tax levy at $8,823,793 for property taxes collected in 2006. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-133 AUTHORIZING THE PROPERTY TAX LEVY FOR COLLECTION IN 2006. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE 2006 GENERAL FUND AND SPECIAL REVENUE BUDGETS. MOTION CARRIED 5-0. 8.5. Resolution Adopting 2006 Pay Plan for Non-Organized Employees Ms. Johnson outlined the 2006 pay plan for non-organized employees. She stated the plan calls for a three percent cost of living increase and a $15 per month increase in the city’s flexible benefits plan. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-134 ADOPTING THE 2006 PAY PLAN FOR NON-ORGANIZED EMPLOYEES. MOTION CARRIED 5-0. 8.6. City Administrator Position Discussion Councilmember Motin explained the terms of employment for the city administrator position he negotiated with Ms. Johnson. He stated the Council will need to determine who will fill in as a backup when Ms. Johnson is absent from work or Council meetings. Ms. Johnson stated she has no recommendations at this time as to a backup support position but that this item will be on the January 9 Council agenda for discussion. Councilmember Gumphrey questioned what would happen if Ms. Johnson wanted to return to her former position as Finance and Administrative Services Director as allowed by the contract terms. Councilmember Motin stated staff changes will be discussed at a later meeting but that one option being discussed is that the Finance and Administrative Services position would not be filled but a middle manager type position would be established for the Finance Department. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE CONTRACT PROVISIONS City Council Minutes Page 18 December 19, 2005 ----------------------------- OUTLINED IN THE STAFF REPORT AND TO HIRE LORI JOHNSON AS THE CITY ADMINISTRATOR. MOTION CARRIED 5-0. 8.7. Discuss Council Meeting Schedule B. Discuss Council Worksession Agendas Besides the items highlighted in the staff report, the following items were added to the January worksession agenda: ? Cable TV-Councilmember Gumphrey ? Transportation and Mn/DOT Tour-Councilmember Farber/Mayor Klinzing ? Street Department Office Expansion-Ms. Johnson A. 2006 Schedule MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO CANCEL THE REGULAR MEETING OF THE CITY COUNCIL SCHEDULED JANUARY 3, 2006. MOTION CARRIED 5-0. Councilmember Motin stated he did not want to do the annual report presentation on March 6, 2006 due to caucuses being held the next day. The Council concurred to tentatively plan March 27, 2006 for the annual report presentation. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE 2006 MEETING SCHEDULE FOR THE CITY COUNCIL. MOTION CARRIED 5-0. 9. Other Business School Board Selection Committee MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPOINT COUNCILMEMBER GUMPHREY TO THE SCHOOL BOARD SELECTION COMMITTEE. MOTION CARRIED 4-1. Councilmember Gumphrey jokingly opposed. 10. Council Updates There were no Council updates. 11. Staff Updates Ms. Johnson stated CenterPoint Energy has completed the gas line replacement project in Elk River. 12. Adjournment City Council Minutes Page 19 December 19, 2005 ----------------------------- There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 11:24 p.m. Minutes prepared by Tina Allard _____________________ Joan Schmidt City Clerk