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02-21-2006 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 21, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Community Development Director Scott Clark, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, City Attorney Peter Beck, Police Chief Jeff Beahen, Environmental Administrator Rebecca Haug, and Recording Secretary Tina Allard Also Present: Planning Commissioner Kevin Scott 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 2/21/2006 Agenda Mayor Klinzing stated that Item 3.8., 6.3., and 6.4. have been continued to the March 6, 2006 agenda. Ms. Johnson requested Item 3.9. be pulled from the Consent agenda and moved to Item 7.3. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPRHEY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 2/13/06 COUNCIL MINUTES. 3.2. CHECK REGISTER. 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.4. GENERAL PLANNING PERMIT FOR A TEMPORARY GREENHOUSE/GARDEN CENTER TO PLANT PLACE, INC. WITH THE FOLLOWING CONDITIONS: A.NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. B.IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. City Council Minutes Page 2 February 21, 2006 ----------------------------- C.THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. D.THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. E.THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 3.5.RESOLUTION 06-17 APPROVING PREMISES PERMIT FOR THE ELK’S QUARTERBACK CLUB. 3.6.RESOLUTION 06-18 APPROVING PREMISES PERMIT FOR THE ELK RIVER YOUTH HOCKEY ASSOCIATION. 3.7. CITY ADMINISTRATOR EMPLOYMENT AGREEMENT FOR LORI JOHNSON. 3.8. REQUEST BY BRIGGS CONSTRUCTION, INC. FOR SIMPLE PLAT- ALEA RAE, PUBLIC HEARING-CASE NO. P 06-02 CONTINUED TO MARCH 20, 2006. MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.2. Resolution Authorizing Staff to Submit an Application for a MN DNR Outdoor Recreation Grant, Public Hearing Mr. Maertz stated the Parks and Recreation Department would like to apply for a DNR grant to make improvements to Hillside Park. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin questioned why steel picnic tables were being considered rather than recyclable plastic tables so landfill abatement funds could be used. Mr. Maertz stated it is easy for vandals to carve into the plastic tables. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-19 AUTHORIZING STAFF TO SUBMIT AN APPLICATION FOR A MINNESOTA DNR OUTDOOR RECREATION GRANT. MOTION CARRIED 5-0. 6.1 Resolution-CR 33 Between CR 77 and Hwy 169 and CR 77 North of CR 33 Turnback and Reconstruction Agreement Between Sherburne County and the City of Elk River, Public Hearing Mr. Maurer stated Sherburne County would like the city to take back a portion of County Road 33. He stated the county recently placed a new overlay over the abovementioned section and traffic is minimal. He stated that according to state law, the county will have to continue to maintain the road for two years after it is turned back to the city. City Council Minutes Page 3 February 21, 2006 ----------------------------- Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-20 APPROVING THE COUNTY HIGHWAY 33 BETWEEN COUNTY HIGHWAY 77 AND US HIGHWAY 169 AND COUNTY HIGHWAY 77 NORTH OF COUNTY HIGHWAY 33 TURNBACK AND RECONSTRUCTION AGREEMENT BETWEEN SHERBURNE COUNTY AND THE CITY OF ELK RIVER. MOTION CARRIED 5-0. 6.7. Update on County Highway 40 Reconstruction Project Mr. Maurer provided an update on the CR 40 project as outlined in his staff report. Mr. Maurer asked for direction from Council on the format of the rough draft agreement between the city and the county. The Council indicated they were fine with it. Mr. Maurer stated there is one property owner who has yet to sign off on a remnant parcel the city needs in order to complete the reconstruction. Mr. Maurer stated the property owner believes the value to be $85,000 an acre. He stated he talked to a developer that is building homes in the area and the top end of the land range for his properties was $85,000. He asked for direction on how to proceed with the property owner. The Council indicated they would like Mr. Maurer to continue to negotiate with the property owner. Mr. Maurer stated the change in design of CR 40 to an urban road will require the city to participate in cost sharing on the project in an estimated range of $85,000-$100,000. He questioned if the Council had any objections to this estimate. The Council indicated none. Open Mike Mayor Klinzing reopened Open Mike. She introduced Ron Touchette. Mr. Touchette, 22400 Meadowvale Road-Stated the Elks Scholarship Foundation has been created to provide educational opportunities for Elk River High School students. He briefly reviewed the program. Councilmember Dietz questioned how the foundation would tie in with the current scholarship programs available at the high school. Mr. Touchette stated the foundation would be involved with managing the continuation of the current scholarship programs. City Council Minutes Page 4 February 21, 2006 ----------------------------- Mayor Klinzing stated the initial goal of the foundation is to raise $1 million. She stated they would be involved with continuing educational programs for participants beyond high school years. Councilmember Motin stated many concerns he has heard from community members are being able to determine certain criteria that must be met in order for participants to receive funds for a specific program. Mr. Touchette stated there are some details yet to be worked out because the program is new but there will be scholarships set up for specified groups. 5.1.Presentation from Tinklenberg Group Resolution Requesting Federal Transportation Funding for Further Alternative Analysis on the TH 10 Through Downtown Elk River Elywn Tinklenberg with the Tinklenberg Group stated if the city wanted to secure federal funding for considering design alternatives to TH 10 it needs to adopt the resolution in the staff report. He reviewed the process and timeline that would be followed through Congress. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-21 REQUESTING FEDERAL TRANSPORTATION FUNDING FOR FURTHER ALTERNATIVE ANALSIS IN THE TH 10 THROUGH DOWNTOWN ELK RIVER. MOTION CARRIED 5-0. Consider Tinklenberg Group Consulting Services Agreement Amendment Number 1 The Council is asked to approve a proposal from the Tinklenberg Group for $36,000 for providing services to the city regarding the TH 10 federal funding request. Councilmember Motin stated concerns with how Mr. Tinklenberg running for Congress in 2006 will affect Elk River’s chances for getting funds. Mr. Tinklenberg stated his run for office will remain completely separate. He stated he has a staff person that will be handling the city’s project and is very efficient and capable of handling the whole process. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE CONSULTING SERVICES AGREEMENT AMENDMENT NUMBER 1, MARCH 1, 2006. MOTION CARRIED 5-0. Mayor Klinzing questioned if Councilmembers should go to Washington to express their support. Mr. Tinklenberg stated it is more important that local constituents meet with their representatives in Washington than the consultants. 6.2. Request by William Matthews for Interim Use Permit, Public Hearing-Case No. CU 06-01 City Council Minutes Page 5 February 21, 2006 ----------------------------- Mr. Leeseberg reviewed the background of why this permit is before the Council as an interim use permit. He stated the Planning Commission reviewed the application and recommended two years for the duration of the permit. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz stated he did not approve of this request at first but has changed his mind. He stated the building has had vacancy issues and with the additional vehicles in the parking area it will give the building the appearance of activity and possible attract tenants. Mayor Klinzing concurred. MOVED BY COUNCILMEMBER GUMPRHEY AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE INTERIM USE PERMIT, CU 06-01 TO WILLIAM MATTHEWS WITH THE FOLLOWING CONDTIONS: 1.THE INTERIM USE PERMIT SHALL BE FOR A PERIOD OF TWO YEARS AFTER THE DATE OF CITY COUNCIL APPROVAL. 2.ADVERTISING ON THE VEHICLES SHALL BE LIMITED TO ONE SIGN PER VEHICLE NOT EXCEEDING 94 SQUARE INCHES. 3.NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES. 4.THE VEHICLES SHALL BE DISPLAYED IN THE SIX STALLS ACROSS THE DRIVE LANE FROM THE FRONT ENTRANCE, AS INDICATED ON STAFF EXHIBIT A. 5.SIGNAGE SHALL BE INSTALLED AT EACH OF THE SIX PARKING STALLS INDICATING THAT ONLY THESE STALLS CAN BE USED FOR AUTOMOBILE SALES FOR HOLDER OF THE INTERIM USE PERMIT AT THIS SITE. 6.NO MORE THAN SIX (6) RETAIL AUTOMOBILES SHALL BE DISPLAYED OUTSIDE. 7.IF MORE THAN SIX (6) RETAIL AUTOMOBILES ARE TO BE DISPLAYED OUTSIDE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 8.THE BUILDING SHALL MEET ALL BUILDING CODES. 9.THE BUILDING SHALL MEET ALL FIRE CODES. City Council Minutes Page 6 February 21, 2006 ----------------------------- 10.THE APPLICANT SHALL CONTACT THE BUILDING DEPARTMENT REGARDING ANY CODE REQUIREMENTS RELATED TO AUTOMOBILE SHOWROOMS. 11.ALL VEHICLES SHALL BE DELIVERED TO THE SITE UNDER THEIR OWN POWER. MOTION CARRIED 5-0. 6.3.Resolution to Amend the Land Use Map for Certain Property from Public/Semi-Public to Highway Business as Requested by Briggs Construction, Inc., Public Hearing-Case No. ZC 06-02 This item was continued to the March 6, 2006 Council agenda. 6.4. Ordinance to Rezone Certain Property from R1c (Single Family Residential) to C3 (Highway Commercial) as Requested by Briggs Construction, Inc., Public Hearing-Case No. ZC 06-02 This item was continued to the March 6, 2006 Council agenda. 6.5. Request by James/Stephanie Zaczkowski and Jason/Amy Albert for Simple Plat-Kingdom Estates 3 Addition, Public Hearing-Case No. P 06-04 rd Mayor Klinzing stepped down from this item as she is the applicant. Mr. Harlicker stated the applicant is requesting to subdivide two existing lots into three lots and an outlot. He discussed zoning, lot layout, and the Parks and Recreation Commission recommendation. Acting Mayor Farber opened the public hearing. Warren Stoltman, 20986 Olson Street-Questioned what the future plans were for the outlot. He also questioned if a house were built on the outlot if it would have to meet the covenants of the recently platted Kingdom Estates. Mr. Harlicker stated the outlot is an unbuildable lot that would have to be platted before it could be developed. Acting Mayor Farber closed the public hearing. Councilmember Motin questioned the applicant if they would follow the covenants of Kingdom Estates and what their future plans were for the outlot. Stephanie Zaczkowski, 10511 209 Avenue-Stated the outlot is not required to follow the th covenants but they would meet the minimum restrictions. She stated she has three children and she has given the children the option of building a home near them. She stated the outlot would be given to the youngest child to build a home. Councilmember Gumphrey questioned if previous drainage issues have been resolved. City Council Minutes Page 7 February 21, 2006 ----------------------------- Mr. Maurer stated the drainage issues have been resolved with the second phase of Kingdom Estates. He further stated any drainage/erosion issues with the outlot would be dealt with when it goes through the building permit process. Councilmember Dietz questioned if the drainage issues with Mr. Toth have been resolved. Mr. Maurer stated a compromise has been worked out between the developer and Mr. Toth. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE SIMPLE PLAT, P 06-04 WITH THE FOLLOWING CONDITIONS: 1.PARK DEDICATION FEE IN THE AMOUNT OF $2,940 FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. PARK DEDICATION FOR OUTLOT A SHALL BE PAID AT THE TIME IT IS PLATTED AND AT THE RATE APPLICABLE AT THE TIME IT IS PLATTED. 2.SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $84.65 FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 3.THE SHED ON LOT 1 SHALL BE REMOVED WITHIN ONE YEAR OF RECORDING THE PLAT UNLESS A BUILDING PERMIT IS ISSUED FOR THE LOT. 4.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 5.THE LOT LINE BETWEEN LOTS 2 AND 3 SHALL BE ADJUSTED SO THAT THE GARAGE ON LOT 3 IS SETBACK A MINIMUM OF 20 FEET AND THE DRAINFIELD ON LOT 3 IS SETBACK 10 FEET. MOTION CARRIED 5-0. 6.6. Resolution Approving the Plans and Specifications and Ordering the Advertisement for Bids in the Matter of the School Street/High School Parking Lot Signalization Improvement Project Mr. Maurer stated the project to install a signal light on School Street at the Elk River High School entrance is moving forward. He stated the school district has indicated they would be willing to share half of the cost of this project. Councilmember Dietz requested payment from the school district in one lump sum. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-22 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE SCHOOL STREET/HIGH SCHOOL PARKING LOT SIGNALIZATION IMPROVEMENT OF 2006. MOTION CARRIED 5-0. City Council Minutes Page 8 February 21, 2006 ----------------------------- 7.1. Authorization to Upgrade Environmental Assistant Position and Start Recruiting Process Mr. Clark stated he would like authorization to change the environmental assistant position to an environmental technician position. He stated the new position would be more independent and the pay range should be increased in order for the position to be more marketable. He reviewed proposed changes to the position. Councilmember Gumphrey questioned if it was premature to set the wage and hire for this position due the current pay plan study being conducted. Mr. Clark stated the position would not be given a final pay grade until the study was completed. He stated staff is confident the pay range for the position is on target. He stated it would be difficult to delay hiring for the position due to the workload and the Environmental Division coming into their busiest season. Councilmember Dietz stated he is concerned that the pay range may drop to less than what the city is offering. Ms. Johnson stated that this was taken into consideration when the proposed hiring range was discussed. She stated that based on market data and duties, the proposed hiring range appears to be in line. Councilmember Motin stated concerns with allowing this position to have more independence and the person eventually not wanting to perform more routine tasks. Mr. Clark stated the position would be similar to the planner position. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO UPGRADE THE ENVIRONMENAL ASSISTANT POSITION TO AN ENVIRONMENTAL TECHNICIAN POSITION WITH A STARTING PAY RANGE OF $40,000-$45,000, WITH A FINAL DETERMINATION OF PAY GRADE AS PART OF THE CITY’S CURRENT PAY PLAN STUDY. MOTION CARRIED 5-0. 7.2. Verbal Update on Nextel Lease Mr. Beck stated he has been working on a lease agreement for the cell phone tower on city property adjacent to the Public Safety Facility. He said the most outstanding issue is the rent the city would like to collect for additional carriers on the tower. Mr. Beck stated Nextel has not agreed to this condition. He stated they have offered to increase their base rent and to use a smaller portion of city property. Councilmember Motin questioned if the city should get rent for these carriers when they will be providing better cell phone service to the city. Mr. Beck stated the city can ask for rent on each carrier that uses the tower if it is reasonable. He stated there is a potential of 3-4 carriers on the tower. Mr. Beck stated the 800 MHz system for the city appears less likely to happen on this tower. City Council Minutes Page 9 February 21, 2006 ----------------------------- Chief Beahen stated the sheriff’s office is considering another alternative for the 800 MHz system. Councilmember Farber stated the city should reserve the right to put a system on this tower in case something changes in the future with the 800 MHz system. Mr. Beck stated they would reserve that right and would also require the city have the option of keeping the pole. He stated the poles are a security interest to lenders, so Nextel would have the option of installing a different pole if they ever left the site. Councilmember Gumphrey suggested continued negotiations with Nextel with the additional rent as new carriers are added to the tower. The Council concurred. 3.9. Consider a Resolution in Support of the League of Minnesota Cities’ Efforts to Preserve the Authority of Minnesota Cities to use Eminent Domain A special meeting of the City Council, HRA, and EDA was held on February 13, 2006 to discuss this item more in-depth. Councilmember Motin stated he made some changes to the proposed resolution and asked the Council to review it before approving. Councilmember Dietz stated the language; “majority of uses, such actions were…” is not a true statement. He stated there have been two occasions when the request has been made by the landowner. Councilmember Motin stated that in the last five years eminent domain has only been used about three times and two of them were at the request of the owner. He suggested changing the language to replace the word majority with the word recent. The Council concurred. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-23 IN GENERAL SUPPORT OF THE LEAGUE OF MINNESOTA CITIES’ EFFORTS TO PRESERVE THE AUTHORITY OF MINNESOTA CITIES TO USE EMINENT DOMAIN (WITH MODIFICATIONS). MOTION CARRIED 5-0. 8. Other Business Mayor Klinzing provided an update of the Region 7W Transportation Policy Board who is responsible for prioritizing federally funded projects in Sherburne County and three other counties. She stated Elk River received $946,000 for an east/west corridor route for the year 2009-10. She questioned if the city could move forward with the project earlier then 2009. Mr. Maurer stated the city could move forward and that the state likes to see timely completion of projects in the schedule. The city could fund the project and be reimbursed by the state. City Council Minutes Page 10 February 21, 2006 ----------------------------- Mayor Klinzing stated Sherburne County submitted the CR 33/Smith Street alignment project, which was near the top of the Region 7W list but did not quite make the cut. She stated this is a good sign because it means it is a project that could be approved within the next few years. 9. Council Updates There were no Council Updates. 10. Staff Updates Ms. Johnson reminded the Council of the Volunteer Appreciation Dinner being held at Blackwoods on Thursday, February 23, 2006. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:15 p.m. Minutes prepared by Tina Allard Joan Schmidt City Clerk