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03-20-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 20, 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, City Engineer Terry Maurer, Assistant City Engineer John Anderson, Parks and Recreation Director Bill Maertz, Environmental Administrator Rebecca Haug, Librarian Mick Stoffers, Liquor Operations Manager Dave Potvin, City Attorney Charlie Wilson, and Recording Secretary Tina Allard Also Present: Planning Commissioner 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 Mayor Klinzing. 2. Consider 3/20/2006 Agenda Councilmember Gumphrey requested Item 3.12. be pulled from the Consent agenda. It was moved after Open Mike. Councilmember Farber added School District Split to Other Business. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.3. CHECK REGISTER. PAY ESTIMATES. ADOPT ORDINANCE 06-04 AMENDING SECTION 30-1294 "BP BUSINESS PARK DISTRICT" OF THE CITY CODE OF ORDINANCES, CASE NO. OA 06-01. GENERAL PLANNING PERMIT TO WALMART FOR A TEMPORARY GREENHOUSE WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 3.4. City Council Minutes March 20, 2006 Page 2 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED . FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 5. 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. GENERAL PLANNING PERMIT TO CUB FOODS FOR A TEMPORARY GREENHOUSE WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 5. 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. 3.6. GENERAL PLANNING PERMIT TO LINDERS FOR A TEMPORARY GREENHOUSE WITH THE FOLLOWING CONDITIONS: . 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 5. 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. 3.7. ADOPT ORDINANCE 06-05 ADDING CHAPTER 26 HEALTH AND SANITATION ARTICLE III. CLEANUP OF CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES AND APPROVE THE SUMMARY OF ORDINANCE 06-05 FOR PUBLICATION. 3.8. MASSAGE THERAPIST LICENSE TO JENNIFER BEBAULT TO WORK AT JOHN JOSEPH SALON. 3.9. ADOPT RESOLUTION 06-32 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER. 3.10. MODIFICATIONS TO THE INDOOR FACILTY USE POLICY AS OUTLINED IN THE STAFF REPORT. . . . . City Council Minutes March 20, 2006 Page 3 3.11. HIRE ANDREW ZABEE FOR THE COMMUNITY SERVICE OFFICER I POSITION. 3.13. REQUEST BY JASON HUBER FOR PRELIMINARY PLAT OF CA VERWOOD HILLS, PUBLIC HEARING-CASE NO. P 06-01 POSTPONED TO APRIL 17, 2006. 3.14. APPROVAL OF THE PURCHASE OF 1.25 ACRES OF PROPERTY (LOCATED AT CSAH 13 AND CR 40 ALIGNMENT) FROM MR. AND MRS. SCHUBERT FOR $70,000. MOTION CARRIED 5-0. Councilmember Farber requested Police Chief Jeff Beahen and City Attorney Chris Johnson attend the April 3, 2006 City Council meeting to give a presentation regarding Item 3.7. 4. Open Mike Maury Kaufman-Stated he was at tonight's meeting for the Pinewood item and questioned whether he should talk now or wait until the Pinewood item comes before the Council. Mayor Klinzing stated he should wait for the Pinewood item. 3.12. Approval to Contract with KKE Architects for the Library Project Contingent upon City Attorney Review. Councilmember Gumphrey stated he is concerned about the 10% charge for professional fees. He stated that in contracts he has been involved with the highest fee he has seen is 7.7%. He further questioned why there isn't a maximum amount set on the reimbursables. Mr. Maertz stated the range for professional service fees on complex civil projects is from 8- 13.5%. He stated the 10% charged in this project is based on the level of Bnish and the level of other services to be provided. Mr. Maertz stated the reimbursables are driven by the city's needs with plan sets, numbers of copies to boards, etc. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A CONTRACT FOR ARCHITECTURAL SERVICES FOR THE LIBRARY PROJECT WITH KKE ARCHITHECTS CONTINGENT UPON CITY ATTORNEY REVIEW. MOTION CARRIED 5-0. 5. Interview and Consider Appointments to Heritage Preservation Commission Mayor Klinzing introduced Kristin Harris and Jake Luehr, two applicants that applied for a vacancy on the Heritage Preservation Commission. The Council asked both applicants questions pertaining to preservation in Elk River. The Council voted by secret ballot for the applicant they would prefer on the Commission. Ms. Johnson opened the ballots and it was the consensus of the Council to appoint Kristin Harris to the Heritage Preservation Commission for a three year term to expire February 28,2009. City Council Minutes March 20, 2006 Page 4 6.1. Request by Aggregate Industries to Amend Conditional Use Permit. Public Hearing-Case No. CU 06-03 . Ms. Haug stated Aggregate Industries is requesting to amend their conditional use permit to expand the boundaries of their present mining permit. She discussed noise, water usage, hours of operation, and setbacks. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin stated there was an inconsistency regarding hours of operations for complaints between the staff report and the conditional use permit agreement. Ms. Haug stated there was a typing error in the agreement and the correct hours should be from 7:00 a.m. to 10:00 p.m. Mayor Klinzing questioned the reclamation process. Dan Quie representative for Aggregate Industries-Stated his company is leasing the land from the property owner. He stated the lease expires January 2007 and Aggregate Industries would be completing a mass grading of the land before returning it to the property owner. Mayor Klinzing stated the city has a plan for industrial and office uses along the TH 169 corridor. She stated she would like to see a plan for re-use of the land once it has been reclamated. She stated she would like to see a timeframe and an overall comprehensive plan established for the development of gravel mining areas after they are reclamated. . Ms. Haug stated she would review this and come back to the Council with more information. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE PERMIT AGREEMENT WITH AGGREGATE INDUSTRIES WITH CHANGES TO THE HOURS OF OPERATIONS AS NOTED ABOVE. MOTION CARRIED 5-0. 6.2. 193rd Avenue Corridor Study Introduction Mr. Maurer reviewed with Council the presentation he gave to citizens at informational meetings discussing four possible options for continuing 193rd Avenue as an east-west corridor from TH169 to CSAH 13. He stated it is likely the city will receive a Federal SAFTEA-LU Grant for approximately $950,000. Mr. Maurer stated if the city does not use the grant funds for this specific project, it will not get the funds. The city would have to resubmit a new application for another project to attempt to get federal funding. Councilmember Dietz requested staff further study the four options and recommend an option which would be most cost effective and have the least affect to property owners. Mr. Maurer stated he could estimate the costs and quantify the affect to property owners but he could not make a recommendation on an option. He stated it would be the Council's decision on which option would have the least impact to property owners. . . . . City Council Minutes March 20, 2006 Page 5 Councilmember Motin questioned why Sherburne County would want to install a cul-de-sac on Tyler Street if the 193rd Avenue corridor is built. He stated the city recently improved Twin Lakes Road as a feeder route to Highway 10 and citizens north of Tyler Street would not have access to that route if a cul-de-sac is installed. Mr. Maurer stated he isn't recommending the cul-de-sac. He stated the county hasn't been definitive on it so he included the possibility in the presentation. Councilmember Farber stated when he was on the Council (back in the mid-90's) the developer of Hillside Estates was required to install 193rd Avenue as a wider road because it was planned as a collector corridor. Mr. Maurer further stated that 193rd Avenue has a wider right-of-way than standard neighborhood streets due to its planning as an east-west corridor. Mayor Klinzing questioned if a 2-3 year timeline is sufficient when the project isn't scheduled for funding until 2010. Mr. Maurer stated once the federal funding is official, it can be advanced. He stated Mn/DOT is always looking for projects to advance because a majority of projects wanting to move tend to fall back. He stated the real issues that will take the most time, are selecting a corridor option that is the best alignment and acquiring property for the right -of-way. Mayor Klinzing stated the city has been considering 193rd Avenue as a corridor route for many years. She stated concerns with the intersection ofTH 169, Dodge Avenue, and Evans Avenue. She stated she can't see how the city can move forward with this project until tlle issues at the intersection are solved. She stated Mn/DOT has proposed a split diamond intersection but has not specified a timeline. Mr. Maurer stated he would come back to Council with a cost analysis and an estimate of land acquisition at the April 17, 2006 Council meeting. Councilmember Motin suggested that this project move forward in a timely manner so the property owners are not in limbo. Leo Offerman, 19393 Auburn Street (planning Commissioner and resident near 193rd Avenue)-Requested that the Council consider the Planning Commission's recommendation to use Elk Hills Drive and School Street as the east-west corridor. He stated fewer properties would be affected with this route and it would be considered more an east-west route because School Street continues to the west. He stated the 193rd Avenue route ends at TH169. Councilmember Motin stated this may not be an either/or type of situation. He stated both routes may eventually run as east-west corridors. He stated the issue is what the primary purpose is at this time. He stated future proposals by Mn/DOT do not allow School Street to have any access to TH 169. Mr. Offerman stated he is basing his opinion on the transportation study, which shows tlle need for an east-west corridor all the way through Elk River. The Council requested mailed notices be sent to affected property owners to keep them updated. City Council Minutes March 20, 2006 Page 6 7.1. Request for Building Division TemporaJ:;y Position . J\1r. Clark stated that due to the amount of construction anticipated in the summer of 2006, staff is requesting to hire a temporary building inspector for a six month period. He stated the position is in the 2006 budget. Councilmember Dietz questioned if this position would become a full time position. J\1r. Clark stated not at this time. Councilmember Gumphrey questioned if applicants are available. J\1r. Clark stated yes and that two inquiries have already been submitted. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE THE HIRING OF A TEMPORARY BUILDING INSPECTOR FOR SIX MONTHS. MOTION CARRIED 5-0. 7.2. Authorization to Replace Flooring at Northbound Liquor J\1r. Potvin stated the carpeting for Northbound Liquor is budgeted to be replaced with carpeting in 2006. He stated he would like to replace the carpet with a commercial grade tile but the amount is approximately $16,000 more than what was budgeted. He stated tile would have less maintenance costs and last much longer than carpeting. Councilmember Dietz questioned where the funds would come from to pay the extra cost for the tile. . J\1r. Potvin stated it would come from the liquor operations budget. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE QUOTE FROM LEFEBVRE'S CARPET FOR $25,732. MOTION CARRIED 5-0. 7.3. Pinewood Golf Course A. Consider Purchase Agreement Ms. Johnson stated the city has received comments from J\1r. Krause regarding the purchase agreement. J\1r. Wilson stated there are two main issues with J\1r. Krause's comments on the purchase agreement. J\1r. Krause requested the Pinewood 2nd Addition plat remain in effect through the end of the contract for deed (2013). J\1r. Wilson stated it was his understanding the city would allow the plat to remain in effect during the lease period (about 2 years). He stated he was unsure if legally the city could allow the plat to remain in effect for 7 years. J\1r. Wilson stated another issue is that J\1r. Krause made adjustments to the purchase agreement on the prorations (taxes, expenses) to when the city begins leasing the property. He stated as a technical matter, these would be obligations under the lease and not the . . . . City Council Minutes March 20, 2006 Page 7 purchase agreement. He stated the city needs to be careful on which responsibilities fall under which documents because cities are limited in their abilities to have contracts for deed for more than five years. Mr. Wilson stated the covenants have an initial term of 30 years and can renew after that. He stated there is a clause in the covenants that allow the majority of the property owners to sign a document waiving the covenants on the two outlots. He stated the other lots would still be protected by covenants. Mr. Wilson recommended approving the purchase agreement on a condition that the property owners sign a document waiving the covenants. Councilmember Dietz stated the city should not have to pay two years worth of property taxes during the lease period. Councilmember Dietz questioned the timeframe for how long the plat can legally be in effect by the city. Mr. Wilson stated the city could allow a reasonable period of time. Councilmember Dietz stated concerns with a future Council deciding they don't want to keep the golf course and defaulting on the agreement. Councilmember Motin stated if the city isn't making a profit on the golf course it has the option of selling the property to a third party to recoup any losses. He questioned if the city could continue the plat approval through the end of the contract for deed. Ms. ] ohnson stated City Attorney Peter Beck indicated to her that two years was the agreement the city had with Mr. Krause. She stated it is unlikely the city would default on the contract for deed. She stated the city would consider other options such as selling or developing the property. Mr. Wilson stated Mr. Krause would also have the option of suing the city for the money. Councilmember Motin stated he doesn't see any reason to not allow the plat to remain in effect for the entire term of the contract for deed. Councilmember Farber concurred. Andrew Brown, 18260 Yankton Street-Stated he was confident that 51% of the property owners would be willing to waive the covenants. He stated outlot] (lot 22, part of A and B) was not protected by the density but outlots A and B were protected by the density. He stated property owners are confused as to why outlot] would not be protected when it is part of A and B. He stated property owners would like assurance that any property on the perimeter of outlots A and B are protected. Mayor Klinzing stated she would get an explanation to Mr. Brown before he gets the signatures of the property owners willing to waive the covenants. Mayor Klinzing stated the city is going to try to operate the property as a golf course but she wants residents to be aware, as Council has noted all along, there is a possibility it would be sold for development in the future. City Council Minutes March 20, 2006 Page 8 Councilmember Gumphrey stated he does not support this project. He stated the city is spending too much money for the golf course and placing a burden on future Councils and budgets. . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE PURCHASE AGREEMENT WITH THE CONDITION THAT THE PROPERTY OWNERS HAVE TO WAIVE THE COVENANTS. MOTON CARRIED 3-2. Councilmembers Dietz and Gumphrey opposed. B. Approve Pinewood Golf Course Budget and Acknowledge Need for Short Term and Long Range Improvements to Pinewood Clubhouse Mr. Maertz stated the golf course budget is a conservative estimate based on 16,000 rounds of golf played per year. He reviewed the budget as outlined in the staff report. He suggested the superintendent position be exempt due to the amount of hours needed during the short season. He stated the club house is a 30 year old building that needs substantial improvements. Councilmember Dietz questioned how much the rounds need to go down in order to have zero profit. Mr. Maertz stated he doesn't foresee the number of rounds played going down due to increased population in the area. If the rounds played do decrease, it would be due to an unusually rainy year. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE OPERATING BUDGET AND ACKNOWLEDGE THE NEED FOR SHORT AND LONG TERM IMPROVEMENTS TO THE CLUB HOUSE. MOTION CARRIED 5-0. . Councilmember Dietz suggested waiting to determine where the funds will come from to pay for this purchase until the joint meeting with the Parks and Recreation Commission. 7.4. Sick Leave Donation Policy Ms. Johnson reviewed a draft of the sick leave donation policy. She highlighted different options for the Council's consideration as outlined in her staff report. Councilmember Motin questioned if the donated sick leave is not used if it would be forfeited to the city or the donor. Ms. Johnson stated it would be to the city but the Council could make any changes it wanted. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE SICK LEAVE DONATION POLICY WITH THE FOLLOWING CHANGES EFFECTIVE FEBRUARY 1, 2006: 1. EQUAL SHARES OF VACATION AND SICK TIME MUST BE USED. . . . . City Council Minutes March 20,2006 Page 9 2. A MAJOR ILLNESS. (DELETE THE WORD "LIFE THREATENING.") 3. THE EMPLOYEE RECEIVING THE DONATED LEAVE MAY RECEIVE UP TO A MAXIMUM OF 240 HOURS. 4. AN EMPLOYEE MAY DONATE UP TO 16 HOURS OF TIME. 5. THE LAST PARAGRAPH OF THE POLICY (IN THE STAFF REPORT) MUST BE LEFT IN THE SICK LEAVE DONATION POLICY. MOTION CARRIED 5-0. Ms. Johnson stated the non-union patrol employees would nbt qualify for this policy as they have their own sick leave policy. 8. Other Business Councilmember Farber requested that a letter sent to legislators in May of 2005, regarding the City Council's opposition to a split of the Elk River School District, be sent to Elk River's state legislators again. Councilmember Gumphrey requested the letter be sent to all state representatives and senators. 9. Council Updates Councilmember Motin reminded everyone that the State of the City address has been moved to BlackWoods restaurant. Councilmember Dietz stated the former Utilities employee who embezzled money from Elk River Municipal Utilities has pled guilty. He stated she received one year in jail and has agreed to pay full restitution by April 16, 2006. 10. Staff Updates Ms. Johnson requested the City Council bring their annual reports to the special meeting scheduled March 27, 2006 at 6:30 p.m. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:20 p.m. Minutes prepared by Tina Allard ~~ Hn chmidt City Clerk