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03-06-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER MONDAY, MARCH 6, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, City Engineer Terry Maurer, Senior Planner Scott Harlicker, Parks and Recreation Director Bill Maertz, Assistant Street Superintendent Mark Thompson, Parks Maintenance Employee Steve Stoffers, and Recording Secretary Jessica Miller 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. 2. Consider March 6. 2006 Agenda Councilmember Dietz added the following items under other business: · Garbage on Proctor Road · Downtown Construction MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE MARCH 6, 2006 AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda City Administrator Lori Johnson indicated that staff has made the following change to the February 21, 2006 Council minutes under item 6.5.: Mr. HlI:1'hdrCf statcd thc outlot is a buildable lot that could bc plattcd at llfi).t1m.C. Changed to: Mr. Harlicker stated the outlot is an unbuildable lot that would have to be platted before it could be developed MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.t. 3.2. 3.3. FEBRUARY 21, 2006 COUNCIL MINUTES W / CHANGES ABOVE CHECK REGISTER APPOINT STEPHEN ROHLF AS THE CHAMBER OF COMMERCE REPRESENTATIVE TO THE ENERGY CITY COMMISSION FOR A THREE-YEAR TERM TO EXPIRE FEBRUARY 28,2009 APPROVAL TO ADVERTISE FOR ACCOUNTING CLERK POSITION 3.4. City Council Minutes March 6, 2006 Page 2 3.5. APPROVAL TO MAKE CONDITIONAL JOB OFFERS FOR THREE POLICE OFFICER POSITIONS PAYMENT TO THE BOYS & GIRLS CLUB OF ELK RIVER FOR CONTRACTEDSER~CES MASSAGE THERAPIST LICENSE FOR SARAH HAMLIN - THE WATERFALL SALON AND DAY SPA MAINTENANCE AGREEMENT WITH WRIGHT COUNTY FOR THE PARRISH AVENUE BRIDGE . 3.6. 3.7. 3.8. MOTION CARRIED 5-0. 4. Open Mike Noone appeared for Open Mike. 5.1. Resolution 06-24 Amending 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 5.2. Ordinance 06-03 Rezoning Certain Property from Rlc (Single Family Residential) to C3 (Highway Commercial) as Requested by Briggs Construction. Inc. Public Hearing, Case No. ZC 06-02 Senior Planner Scott Harlicker stated that the applicant is requesting to change the land use designation and zoning of a portion of a parcel from P IPS (Public/Semi-Public) to HB (Highway Business) and Rlc (Single Family Residential) to C3 (Highway Commercial). Mr. Harlicker stated that the property is located on the west side of Freeport Street, north of Parker Elementary and south of Elk Park Center. . Mr. Harlicker indicated that this is a housekeeping issue and in order to avoid having a parcel with two different land use designations and zoning districts, the land use and zoning for the west half of the proposed lot should be changed so that it is consistent with the rest of the property. 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 DIETZ TO ADOPT RESOLUTION 06-24 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM P /P-SP (PUBLIC/SEMI PUBLIC) TO HB (HIGHWAY BUSINESS), CASE NO. LU 06-02. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 06-03 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1c (SINGLE FAMILY RESIDENTIAL) TO C3 (HIGHWAY COMMERCIAL), CASE NO. ZC 06-02. MOTION CARRIED 5-0. . . . . 6.1. City Council Minutes March 6, 2006 Page 3 5.3. Request by Briggs Construction. Inc. for Simple Plat Alea Rae. Public Hearing. Case No. P 06-02 Senior Planner Scott Harlicker stated that the applicant is requesting simple plat approval of the Alea Rae Addition. Mr. Harlicker stated that the property is located south of Elk Park Center and north of Parker Elementary School. He indicated that the proposed plat includes two commercial lots, platting right-of-way for Jackson Avenue and School Street, and leaving the school property as an outlot. Mr. Halicker noted that the two new commercial lots comply with the dimensional requirements of the C3 zoning district. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE SIMPLE PLAT OF ALEA RAE, CASE NO. P 06-02, WITH THE FOLLOWING CONDITIONS: 1. PARK DEDICATION FEES IN THE AMOUNT OF $6,300 PER ACRE FOR THE TWO COMMERCIAL LOTS AND $2,940 FOR THE ONE RESIDENTIAL LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 2. SURFACE WATER MANAGEMENT FEES IN THE AMOUNT OF $1,015.99 PER ACRE FOR THE TWO COMMERCIAL LOTS AND $169.32 FOR THE ONE RESIDENTIAL LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 3. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED: · THE DRIVEWAYS FOR THE TWO COMMERCIAL LOTS SHALL LINE UP WITH EXISTING DRIVEWAYS ON THE EAST SIDE OF FREEPORT. · SEWER AND WATER EASEMENTS WILL BE REQUIRED OVER SEWER AND WATER THROUGH THE LOCATION OF THE HYDRANT. · FIRE HYDRANT LOCATION SHALL BE VERIFIED BY FIRE CHIEF. · STORM SEWER CONNECTIONS AND STORM SEWER EASEMENTS WILL HAVE TO BE APPROVED BY THE CITY ENGINEER. · NPDES AND SWPPP ARE REQUIRED 4. OUTLOT A SHALL BE PLATTED AS A LOT. MOTION CARRIED 5-0. Waco Street/Dodge Avenue Improvement Project City Engineer Terry Maurer stated that plans and specifications for the the Waco Street and Dodge Avenue improvements are complete and the next step is for the Council to approve the plans and specifications and order the advertisement of bids. Mr. Maurer stated that the City Council Minutes March 6, 2006 Page 4 Waco Street and Dodge Avenue projects have been combined in order to have a larger project for bidding purposes. . Mr. Maurer stated that the Dodge Avenue improvement is proposed to be partially assessed to the abutting properties and the Council is asked to consider two additional resolutions on this matter; one determining the final costs to be assessed and orders the preparation of an assessment roll and the other establishes the assessment hearing for April 3, 2006. Mr. Maurer stated that with the Waco Street improvement, the developer's agreement for the Target Technology Center indicates that they will pay $250,000 or half of the cost of the improvements, whichever is less, and the remaining cost will be funded by the city. Mr. Maurer noted that partial state aid funding will be used so prevailing wage requirements will apply. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT THE FOLLOWING: RESOLUTION 06-25 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE WACO STREET AND DODGE AVENUE IMPROVEMENTS OF 2006. RESOLUTION 06-26 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF DODGE AVENUE IMPROVEMENT OF 2006. RESOLUTION 06-27 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE DODGE AVENUE IMPROVEMENT OF 2006. . MOTION CARRIED 5-0. 6.2. Highland Avenue Reconstruction Project City Engineer Terry Maurer explained that the feasibility study for the reconstruction of Highland Road from Proctor Avenue to Jackson Road is now complete and the next step would be for the Council to accept the feasibility study and order a public hearing for April 3, 2006. Mr. Maurer presented the feasibility study. He indicated that as with other street reconstruction projects, the city will have a significant contribution to the cost of the street and storm sewer. He noted that with the large lots in this area, approximately % of the cost will be funded by the city. Mr. Maurer stated that if this project proceeds to construction, a funding source that could be utilized for the city's share of the street construction would be Municipal State Aid; however, one of the curves does not meet Municipal State Aid design standards; therefore, a variance would need to be requested. Mr. Maurer stated that the feasibility study recommends the installation of sanitary sewer under the roadway, which is proposed to be funded by the city sewer fund. Councilmember Dietz questioned why sanitary sewer would be installed under Highland Road if the residents have indicated they have no interest in hooking up to city sewer and water. Mr. Maurer explained that the feasibility study recommends the installation of sanitary sewer because the road is not likely to be totally reconstructed for 30 years or more. He stated that in that time frame, it is likely sewer to the area will be revisited; therefore, sewer . . . . City Council Minutes March 6, 2006 Page 5 installation is being recommended as an insurance policy against having to excavate the reconstructed road. Councilmember Dietz questioned who would have access to hook up to sewer and water. Mr. Maurer indicated that the sewer would be stubbed to the properties and to the abutting side streets similar to the Orono Road project. He stated that the residents would not be assessed for the sewer and water unless they decided to hookup. Councilmember Dietz indicated that he believes installing the sanitary sewer now and not requiring residents to hook up gives the residents an advantage over other project areas. Councilmember Dietz questioned how the city will arrive at an assessment cost for the water and sewer hookup portion of the assessment. Mr. Maurer stated that staff will work with the Finance Department to come up with a figure that will cover the city's costs. He noted that this amount will increase each year to cover inflation. Councilmember Farber indicated that he is one of the properties that is proposed to be assessed. He stated that as septic systems begin to fail he believes the Highland Area will revisit the idea of sewer and water and that it would make the most sense to install the sanitary sewer now when the road is being reconstructed rather than waiting and having to dig the road up later. Councilrnember Farber indicated that the feasibility study shows a six-foot sidewalk on each side of the street but he would like to see a bicycle path replace one of those sidewalks. Mr. Maurer stated that two sidewalks are shown for cost purposes and that a ten-foot bituminous trail could be built for approximately the same cost as a sidewalk. He stated that Council can provide staff direction on this issue at the public hearing. Councilmember Gumphrey agreed that a bike trail should be installed and also liked the idea of looking ahead and installing sanitary sewer under Highland Road now. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-28 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE HIGHLAND ROAD RECONSTRUCTION IMPROVEMENT OF 2006. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-29 REQUESTING A VARIANCE FOR HIGHLAND ROAD FROM MINNESOTA RULES 8820.9936 GEOMETRIC DESIGN STANDARDS, URBAN; NEW OR RECONSTRUCTION PROJECTS. MOTION CARRIED 5-0. 6.3. Resolution 06-30 Supporting Passage of Proposed Amendment to the Minnesota Constitution Dedicating All of the Motor Veh1cle Sales Tax Revenue to Transportation City Engineer Terry Maurer stated that the 2005 State Legislature approved a ballot initiative to require all of the motor vehicle sales tax to be used for transportation. Mr. Maurer explained that this ballot initiative will ask if all of the motor vehicle sales tax should be used for transportation with at least 40% of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. Mr. Maurer went on to explain that City Council Minutes March 6, 2006 Page 6 currently, 54% of the motor vehicle sales tax is used for transportation and 46% goes into the general fund. . Mr. Maurer indicated that if this ballot initiative is passed, it is estimated that when it is fully implemented in 2011, the City of Elk River could see an increase of approximately $100,000' annually in their Municipal State Aid allotment, which would be an approximate 13% increase over the 2006 allotment. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY MAYOR KLINZING TO ADOPT RESOLUTION 06-30 SUPPORTING PASSAGE OF THE PROPOSED AMENDMENT TO THE MINNESOTA CONSTITUTION DEDICATING ALL OF THE MOTOR VEHICLE SALES TAX REVENUE TO TRANSPORTATION WITH AT LEAST 40 PERCENT OF THE REVENUE FOR PUBLIC TRANSIT ASSISTANCE AND NOT MORE THAN 60 PERCENT OF THE REVENUE FOR HIGHWAY PURPOSES. MOTION CARRIED 5-0. 6.4. Pinewood Golf Course 6.4.A. Contract for Deed City Attorney Peter Beck indicated that the purchase agreement is not ready for Council review. He explained that the agreement is nearing completion and before he distributes the agreement to the City Council and to Mr. Krause's' attorney for review, he wanted to clarify that intent of the Council is to offer Mr. Krause $1.8 million for the golf course as is with no deduction for items that need to be brought to code. Mayor Klinzing stated that yes, the offer is for $1.8 million as is. Mayor Klinzing questioned if the purchase agreement would be available for consideration at the March 20 meeting. Mr. Beck indicated that the purchase agreement will be distributed in the next few days and that it would be ready to be considered at the March 20 meeting. Mr. Beck noted that he will be absent from that meeting but that his colleague Charlie Wilson will be in attendance and will be able to answer to any questions the Council may have. . 6.4.B. Approve Pinewood Golf Course Budget and Acknowledge Need for Short Term and Long Range Improvements to Pinewood Clubhouse Mayor Klinzing indicated that it would be appropriate to wait and discuss the golf course budget and improvements until the purchase agreement is considered at the March 20, 2006 meeting. 6.5. Council Worksession Agenda City Administrator Lori Johnson presented the tentative Council Worksession agendas for March and April. Ms. Johnson indicated that the Parks and Recreation Commission requested a joint meeting with the City Council for April 10 and that Parks and Recreation Director Bill Maertz will prepare an agenda with the Commission. Mayor Klinzing questioned if the Natural Resources Inventory Subcommittee Report could be moved to the April agenda so it could be discussed at this joint meeting. Ms. JohnsonTand Mr. Maertz indicated that would be fine. . . . . City Council Minutes March 6, 2006 Page 7 6.6. Sick Leave Donation Policy City Administrator Lori Johnson indicated that the city does not have a leave donation policy that allows employees to donate leave to another employee who is off work due to a serious illness or accident and has exhausted all of his/her leave time. Ms. Johnson stated that this is being discussed now because a city employee was recently seriously injured in a snowmobile accident and employees have been asking about donating leave to that employee. She stated this has been reviewed at a staff level several times previously, but it has never gotten to the Council for a final decision. Ms. Johnson explained that many cities have a policy that allows employees to donate either sick, vacation, or compensatory time toa fellow employee who has experienced a catastrophic accident or major illness. She stated that some cities pay for long and/ or short term disability for their employees in lieu of or in conjunction with a leave donation program. She stated that Elk River does not pay for long or short term disability but it is offered to employees on a voluntary basis at their expense. Ms. Johnson noted that long term disability does not kick in for 90 days after the disability. Ms. Johnson indicated that if the Council agrees that a leave donation policy is needed, there are many ways to structure it and explained some of the options. Ms. Johnson stated that each employee would be allowed to donate a maximum number of hours and the employee receiving the donation is allowed to receive a maximum number of hours. She explained that depending on the option chosen, there could be an expense to the city as the city could be paying for leave time that may not otherwise be paid. She stated that if compensatory or vacation time is donated, there would be no additional expense to the city. Ms. Johnson noted that the donated time is paid to the recipient at his/her current rate of pay. Councilmember Farber indicated that in the city he works for, the sick time and vacation time are combined and that employees are allowed to donate up to eight hours to fellow employees who have been seriously injured or who have a major illness. He stated that this issue has only come up three times in many years and that employees are very appreciative to have the option to donate and receive leave time. Councilmember Dietz stated that he has been approached by some employees who have indicated they would like to be able to donate time to the injured employee. He indicated that the policy should be cost neutral for the city and he has concerns that employees may donate sick time they will never use at an additional expense to the city. He suggested that if an employee donates sick time it could be tracked and when the employee leaves employment with the city the sicktime donated could be subtracted from any amount paid to the employee. Assistant Street Superintendent Mark Thompson questioned if it would be possible for employees to donate an equal amount of sick and vacation time. Councilmember Dietz indicated that is a good idea but he would like to see options presented to the Council. Councilmember Dietz questioned what determines a long-term illness. Ms. Johnson indicated that an employee would need to have a major illness or experience a catastrophic accident to qualify for the leave donation program. Councilmember Gumphrey indicated that the policy would need to have guidelines on what makes an employee eligible because he would not want to see the program abused. Ms. City Council :Minutes March 6, 2006 Page 8 Johnson explained that any policy implemented would allow for the City Administrator and/ or City Council to use discretion if they felt it was being abused. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO HAVE STAFF PREPARE LEAVE DONATION POLICY OPTIONS FOR THE COUNCIL AND TO HAVE ANY POLICY IMPLEMENTED BE RETROACTIVE SO THE CURRENT INJURED EMPLOYEE CAN BENEFIT FROM THE POLICY. MOTION CARRIED 5-0. . Mayor Klinzing asked Mr. Thompson to pass on the Council's best wishes to Mr. Pelarski. 7. Other Business Councilmember Dietz indicated that there is a pile of garbage on the curb across from Beaudry Express on Proctor Road. Ms. Johnson indicated that staff checked into this and the owner of the house is in the process of getting a dumpster to remove the garbage. Councilmember Dietz questioned when construction is going to begin in the downtown as there is no sense having the road barricades up if there is no construction. Councilmember Motin indicated that Vern Hanson of MetroPlains was present at the HRA meeting earlier that evening and he indicated that the development agreement has been fully executed by the city and MetroPlains and that construction will begin between March 13 and April 15. 8. Council Updates . Mayor Klinzing reminded residents that the precinct causes are March 7, 2006. She stated that the local caucuses take place at 7:00 p.m. at the Elk River High School and encouraged residents to attend the caucuses. Mayor Klinzing stated that a question came up while she was speaking to a second grade class that she was unable to answer. The question was whether or not a building permit is required to build a tree house. Ms. J ohoson indicated that staff would find out and get back to her. 9. Staff Updates City Engineer Terry Maurer indicated that he met with Mr. and Mrs. Schubert regarding the purchase of their property on County Road 40. Mr. Maurer stated that an acceptable purchase price has been agreed upon and that an agreement will be presented to the Council at the March 20 Council meeting. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:21 p.m. .