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05-08-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, MAY 8,2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, City Engineer Terry Maurer, Community Development Director Scott Clark, Environmental Administrator Rebecca Haug, Environmental Technician Nicola Blake-Bradley, Community Development Director Catherine Mehelich, and City Clerk Joan Schmidt 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 Council Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA. 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. 4/24/06 BOARD OF APPEAL AND EQUALIZATION MINUTES (Postponed) 3.2. AUTHORIZATION TO CONTINUE STUDENT INTERNSHIP PROGRAM AT WILLIAM MITCHELL COLLEGE OF LAW 3.3. REQUEST BY PINNACLE DISTRIBUTION FOR FIREWORKS SALES FROM TENT IN COBORNS PARKING LOT A. GENERAL PLANNING PERMIT, CASE NO. GP 06-08 B. TEMPORARY SALES/STORAGE OF FIREWORKS LICENSE 3.4. HIRE TEMPORARY IT SUPPORT ASSISTANT 3.5. RESOLUTION 06-60 ACKNOWLEDGING CONTRIBUTION FROM THE FRATERNAL ORDER OF EAGLES AERIE NO. 3264 TO THE HERITAGE PRESERVATION COMMISSION 3.6. RESOLUTION 06-61 ACKNOWLEDGING CONTRIBUTIONS FROM THE ELK RIVER LIONS CLUB TO THE ELK RIVER FIRE DEPARTMENT MOTION CARRIED 5-0. 4. Open Mike There was no one present for Open Mike. City Council Minutes May 8, 2006 Page 2 5. Worksession . 5.1. Council Open Forum Councilmember Farber asked that the Ice Arena Commission be allowed to meet every other month instead of their current twice a year. He explained that since the City is now handling the concession stand this group needs to meet more often. It was the consensus of Council that, as long as there were no objections from the members, the amended bylaws should be approved by Council in June with notification of the members that this item will be on the agenda. The Council also felt it was not necessary to form a Golf Course Commission. ++++++++++++++++++++++++++++ Councilmember Dietz asked that old striping on the streets be eradicated before new striping is added and that this should be included in future contracts. Staff will try to have old stripping on Freeport Street removed. City Engineer Terry Maurer will check if the City can require potholes be filled on private roads. The area mentioned was off of Freeport Avenue by Dolphin Car Wash and LaRose's. ++++~++++++++++++++++++++++++ Councilmember Farber indicated he would be leaving the Council meeting shordy before 7 p.m. to attend the Town Meeting scheduled with Senator Jungbauer. He stated that he would like to be part of the interviewing committee on Friday for the position of Finance Director. The Council concurred. . +++++++++++++++++++++++++++++ Councilmember Motin gave an update on the Northstar Corridor stating that the City of Ramsey received grant money to allow them to have an express bus leave from the Ramsey Town Center to go direcdy to downtown. He also informed the Council of the Special Meeting on Tuesday at 4:30 p.m. in Anoka to approve the letter of understanding with the railroad. He stated that since past alternates had left employment with the City it was necessary to appoint two alternates. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TO DO A RESOLUTION NAMING MAYOR KLINZING AND COMMUNITY DEVELOPMENT DIRECTOR SCOTT CLARK AS ALTERNATE REPRESENTATIVES FOR THE CITY OF ELK RIVER TO THE NORTH STAR CORRIDOR DEVELOPMENT AUTHORITY. MOTION CARRIED 5-0. It was the consensus ofthe Council that Mr. Clark should attend the meeting on May 9, 2006 with voting rights. +++++++++++++++++++++++++++++ . . . . City Council Minutes May 8, 2006 Page 3 Mayor Klinzing indicated that she had been asked if building a tree house required a building permit. Mr. Clark stated no unless it was over a certain load bearing size. He will put together a letter with explanation. +++++++++++++++++++++++++++++ Councilmember Farber stated there have been incidents of graffiti on non-city utility buildings that have not been cleaned by the owner. The Council concurred that a policy is needed to enforce owners to remove graffiti from their property. 5.2. Transportation Update and Intersection Issues At the request ofCouncilmember Farber, City Engineer Terry Maurer gave an update regarding Proctor Avenue and Highway 10 stating that the county is discussing an improvement plan to their program; consideration is being given to overlays and re- stripping. Mr. Maurer discussed the Jackson Avenue/School Street signalization and intersection geometric issue. He stated this project was on the back burner due to the Jackson Villa townhouse project on the west side of J ackson Avenue. Staff had concerns with the potential of the trucking activity causing a negative impact on the re-striping of Jackson Avenue. Staff is proposing to do a brief intersection analysis, counting vehicles on the entering legs and turning movements. From this, recommendations will be made relative to signal improvements. The other geometrics would be the re-striping of J ackson Avenue south of School Street to a three-lane configuration; one lane in each direction and a center left-turn lane. This would eliminate anyon-street parking on the east side of the roadway. It was the consensus of Council for staff to proceed to get the intersection analysis done and prepare a preliminary layout for geometric changes through striping on Jackson Avenue. Councilmember Farber left the meeting. Mr. Maurer asked Council to think about how they wish staff to proceed in notifying the property owners on the east side of Jackson Avenue relative to the elimination of on-street parking. Mr. Maurer stated that he and City Administrator Johnson had met with a representative from :MNDOT regarding Trunk Highway 169 Study. The individual appeared negative to the issues the City has, the need to fund this project over time, and that the City be given credit. The individual will talk to his superiors and look into the possibility of State Aid. Mr. Maurer stated that it won't be known until later if an Environmental Impact Study will be needed. He stated it is necessary to have input into the cost evaluation process with the county. He stated staff will not contact the county administrator to discuss county participation until there is an agreement with Mn/DOT. Councilmember Dietz inquired of the School Board's payment of the School Street/High School parking lot signalization. He stated that Council never agreed that payments should be over a five year period and that he feels it should be two payments. He stressed that this is really benefiting the School District and that they should not be using our money for that long period of time. City Council 11inutes May 8, 2006 Page 4 MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY THAT THE CITY SHOULD RECEIVE TWO $45,000 PAYMENTS FROM THE SCHOOL DISTRICT, ONE THIS YEAR AND ONE NEXT YEAR, FOR THE SCHOOL STREET/HIGH SCHOOL PARKING LOT SIGNALIZATION. MOTION CARRIED 4-0 (Councilmember Farber was not present.) . Counci1member Dietz inquired about the Naples Street/186th Avenue and stated he had received two emailsfromresidentsrequestingtohavethissurfacepaved.Itis anticipated to have 2 to 3 inches of gravel paved down the middle of the road, basically treating as an overlay. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY MAYOR. KLINZING TO HAVE THE CITY ENGINEER CANCEL THE HIRING OF AN APPRAISER TO FIND VALUES FOR NAPLES STREET /186TH AVENUE AND TO INCLUDE THAT AREA IN THE 2006 OVERLAY PROJECT. Discussion followed on the need for further notification of all of the residents and to receive further input from them. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO POSTPONE ACTION ON THE PENDING MOTION UNTIL THE NEXT MEETING. MOTION CARRIED 4-0 (Councilmember Farber was not present.) 5.3. Lake Orono Beach Closure Polic;y . Environmental Administrator Rebecca Haug introduced her assistant Environmental Technician Nicola Blake-Bradley. Ms. Haug explained the current Lake Orono Beach posting policy (adopted in July of 2003) to close the beach if fecal coliform count exceeds 2,000. Staff is proposing to amend the current policy and adopt the Minnesota Department of Health (MDB) guidelines used for recreational purposes. She stated that the League of Minnesota Cities Insurance Trust recommended the adoption of these guidelines. MDH guidelines require the beach to be posted when the fecal coliform counts exceed 200. She reviewed the proposed testing frequency, standard for posting warnings, additional protocol, and information regarding notice when the beach is to be posted. She stated that the beach would never be closed but if the counts exceed 200, signage will be posted stating "Caution - Impaired Water Quality - Potential Health Risk if Swallowed." Discussion followed that signage could direct the public to our website where the state guidelines and the current count would be displayed along with a list of symptoms. The policy will be amended to read "each day during the Fair." MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AMENDED POLICY REGARDING WATER QUALITY TESTING AT ORONO BEACH. MOTION CARRIED 4-0 (Councilmember Farber was not present.) . . . . 5.5. City Council Minutes May 8, 2006 Page 5 5.4. Wetland Buffer Ordinance Environmental Administrator Rebecca Haug reviewed the draft wetland buffer ordinance. The purpose of this ordinance is to protect the remaining wetlands in the City of Elk River. The ordinance would require a 25 foot buffer strip from the delineated wetland boundary or the ordinary high water level of a storm water pond. In this area, no mowing, clearing or removal of vegetation would be allowed. A minimum of 20 feet from the wetland buffer setback would also be required. No structures would be allowed in this setback area. Fences and nature trails, at the City's approval, would be allowed. This ordinance is intended for new construction of plats so any existing lots that abut a wetland would not be affected. The Council members gave suggested changes. This item will be revised and placed on an upcoming Council agenda for approval. Councilmember Farber returned. Discussion on Briggs Proposal Community Development Director Scott Clark stated at the April 1 0, 2006 City Council work session, the City Council directed staff to review options regarding what was called the ''Briggs Proposal." Issues discussed at that meeting were a concern that certain types of businesses (dance, gymnastics, music, etc.) have a difficult time in finding affordable commercial space to make their businesses profitable and converting some industrial property to commercial may be a method to create the necessary economics for this type of use to be profitable. Discussion also centered on concerns of converting scarce industrial property into commercial space and creating a tier type of zoning. Mr. Clark and Community Development Director Catherine Mehelich reviewed the staff report regarding the economic policy considerations, commercial and industrial inventory in the City, and zoning issues. Staff is recommending that the Planning Commission review and revise the Business Park District ordinance. Council concurred. 5.6. I;and Use Financial Management Plan 5.7. Community Development Director Scott Clark reviewed his staff report regarding entering into a Land Use Financial Plan (LUFP) with EWers and Associates. He stated in order to determine the appropriateness of land uses some type of fmancial management planning model needs to be developed to test future revenue generation to needed expenditure levels for a city built-out to a population of 36,000. He further explained the purpose, process, and costs associated with the proposed Plan. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE EHLERS' "LAND USE FINANCIAL PLAN DRAFT SCOPE OF WORK," DATED APRIL 26, 2006, AND TO PROCEED WITH THE DEVELOPMENT OF THE PLAN AS PRESENTED. MOTION CARRIED 5-0. Street Department Temporary Office Discussion on this item was tabled until the June work session. City Council :Minutes May 8, 2006 Page 6 6. Other Business . None 7. Council Updates None 8. Staff Updates City Administrator Johnson informed the Council of the following: · Memo distributed regarding Boys & Girls Club and a Charter School planning to lease the Club for the next two school years; · Items of 4 for 40 discussion and Density Transfer delayed until July work session when Attorney Peter Beck can be present; Council concurred. . · YMCA - met with three representatives on Friday; this Thursday a follow up meeting; need to discuss legal issues and decide on referendum date; · City Prosecuting Attorney Committee - met once, meeting again on Friday; should be close to reporting in June. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:23 p.m. . J /li?~t .