06-19-2006 CC MIN
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JUNE 19,2006
Ivfembers Present:
1\1ayor I<linzing, Councilmembers Dietz, 11otin, Farber, and Gumphrey
Ivfembers Absent:
None
Staff Present:
City Administrator Lori Johnson, Community Development Director Scott
Clark, Planner Chris Leeseberg, Planning Manager Jeremy Barnhart, City
Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, City
Attorney Peter Beck, and Recording Secretary Tina _t\llaxd
.l\lso Present:
Planning Commissioner Peter Lemke
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council \vas called
to order at 6:30 p.m. by Mayor I<linzing.
2. Consider 6/19/2006 Agenda
Councilmember Dietz added railroad tracks to Other Business. Ms. Johnson requested Item
5.2. be moved after Item 6.1.
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 GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. 6/12/06 MINUTES.
3.2. CHECK REGISTER.
3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT.
3.4 TEMPORARY ON SALE LIQUOR LICENSE TO CHURCH OF ST.
ANDREW FOR SEPTEMBER 17,2006. .
3.5. RESOLUION 06-80 APPROVING PREMISES PERMIT RENEWAL FOR
THE ELK RIVER LIONS CLUB.
3.6. EXCLUDED BINGO TO LADIES AUXILIARY VETERANS OF
FOREIGN WARS #5518 FORJDLY 4, 2006.
3.7. RENEWAL OF RETAIL SALE OF FIREWORKS LICENSE TO ELK
RIVER TARGET.
3.8.A. GENERAL PLANNING PERMIT TO WASH N' FILL TO CONDUCT
FIREWORKS SALES FROM A TENT WITH THE FOLLOWING
CONDITIONS:
City Council :rvIinutes
June 19, 2006
Page 2
1. THE SALE OF FIREWORKS NEEDS TO BE AT LEAST 50-FEET
FROM ANY FUEL-DISPENSING STATION DISPENSERS.
2. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE SALES AREA SHALL BE DELINEATED WITH A
BARRIER TO RESTRICT TRAFFIC.
4. THE SALES TENT SHALL BE MAINTAINED FREE OF DEBRIS
AND KEPT IN AN ORDERLY CONDITION.
S. THE LOCATION OF THE TENT BE CONSISTENT WITH THE
SUBMITTED SITE PLAN AND MEETS ALL FIRE CODES.
6. THE TENT SHALL BE REMOVED WITHIN ONE WEEK OF THE
END OF THE SALES PERIOD AND THE SITE BE RETURNED
TO ITS PREVIOUS CONDITION.
3.8.B. TEMPORARY FIREWORKS LICENSE TO WASH N' FILL VALID JUNE
20-JULY 4, 2006
3.9. TRANSIENT MERCHANT LICENSE VALID THROUGH DECEMBER
31, 2006 TO GEOFF YOUNG, MASTERCRAFT EXTERlORS, TO GO
DOOR-TO-DOOR SELLING CONSTRUCTION SERVICES.
3.10. ADOPT CHANGES TO PERSONNEL POLICY MANUAL WITH THE
CHANGES PRESENTED AT THE JUNE 12, 2006 WORKSESSION.
3.11. RESOLUTION 06-81 ACKNOWLEDGING CONTRIBUTIONS TO THE
CITY OF ELK RIVER (CENTERPOINT ENERGY-$250).
3.12. RESOLUTION 06-82 GRANTING FINAL PLAT APPROVAL FOR
CARVERWOOD HILLS, CASE NO. P 06-01 WITH THE FOLLOWING
CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERM:S AND CONDITIONS OF THE PLAT
APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR
TO RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 1000/0 OF THE COSTS OF PUBLIC IMPROVEMENTS.
3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND
HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND
IN THE AMOUNT OF 250/0 OF THE IMPROVEMENT COSTS
SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR
PERIOD.
4. SURFACE WATER MANAGE1\1ENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERM:INED BY
THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. THE NECESSARY DRAlNAGE AND UTILITY EASEMENTS BE
DEDICATED ON THE PLAT AS REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED
PRIOR TO COMMENCING WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT
PLAN BE SUBMITTED AND APPROVED BY THE CITY
ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERM:ITS.
City CouncillYfinutes
June 19, 2006
Page 3
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED
BY ELK RIVER MUNICIPAL UTILITIES.
12. THE LETTER OF CREDIT SHALL COVER WETLAND
MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE
OVER THE WETLAND AND THE WETLAND MITIGATION
AREAS.
13. RESTRlCTIVE COVENANTS SHALL BE RECORDED ON THE
WETLAND AND THE WETLAND MITIGATION AREAS.
14. A THREE YEAR MONITORING REPORT ON THE WETLAND
MITIGATION IS REQUIRED.
15. ALL COMMENTS FROM THE SHERBURNE COUNTY PUBLIC
WORKS DEPARTMENT LETTER DATED 2/22/06 SHALL BE
ADDRESSED.
16. PARK DEDICATION FEE IN THE AMOUNT OF $11,760 SHALL BE
PAID FOR 4 LOTS PRIOR TO RELEASING THE PLAT FOR
RECORDING. A 10 FOOT WIDE TRAIL EASEMENT BE
GRANTED ALONG COUNTY ROAD 121.
17. A LANDSCAPE PLAN THAT INCLUDES 2 OVERSTORY TREES
PER LOT AND 4 TREES PER CORNER LOT BE PROVIDED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
18. THE RIGHT-OF-WAY FOR THE FUTURE CUL DE SAC AT
COUNTY ROAD 121 SHOULD BE PLATTED. THE LOT LINES
FOR LOTS 1 AND 5 SHOULD BE ADJUSTED SO THAT A 2.5 ACRE
MINIMUM LOT SIZE IS :MAINTAINED.
19. THE LANDSCAPING PLAN BE AMENDED THAT INCLUDES 2
ADDITIONAL TREES IN EACH OF LOT 1, BLOCK 1 AND 2, THAT
ALL BOULEVARD TREES BE 2.5" OAK, MAPLE, LINDEN, OR
OTHER STAFF APPROVED TREE.
3.13. RESOLUTION 06-83 GRANTING PINAL PLAT APPROVAL FOR
TROTT BROOK FARMS 12TH ADDITION, CASE NO. P 06-10 WITH
THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
2. A DEVELOPERS AGREEMENT BE PREPARED AND
EXECUTED OUTLINING THE TERMS AND CONDITIONS
OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR
RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 1000/0 OF THE COSTS OF PUBLIC
IMPROVEMENTS.
4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND
HAVING THEM ACCEPTED BY THE CITY, A WARRANTY
BOND IN THE AMOUNT OF 250/0 OF THE IMPROVEMENT
COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE
YEAR PERlOD.
5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
City Council IvIinutes
June 19, 2006
Page 4
6. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY
THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO
RELEASING THE PLAT FOR RECORDING.
7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE
DEDICATED ON THE PLAT AS REQUIRED BY THE CITY.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE
OBTAINED PRIOR TO COMMENCING WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND
DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO
THE ISSUANCE OF BUILDING PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED,AS
RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES.
12. WATER AVAILABILITY CHARGE BE PAlD PRIOR TO
RELEASING THE PLAT FOR RECORDING.
13. ALL NECESSARY TRlJ~K SANITARY AND WATER
ASSESSMENT, AND LATERAL WATER ASSESSMENTS BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. FINAL PLAT APPROVAL IS CONDITIONED UPON AN
APPROVAL FROM FEMA FOR THE MAP AMENDMENT.
3.14. PRYOTECHNIC LICENSE FOR JOHN ROTHFORK WITH RES
SPECIALTY PRYROTECHNICS, INC. FOR THE LAKE ORONO PARK
FIREWORKS DISPLAY.
3.15. MASSAGE THERAPIST LICENSE FOR DARCEY ENGELKE TO WORK
AT THE GYM: FITNESS CENTER.
3.16. SEVERE WEATHER 'PROCEDURAL GUIDE.
MOTION CARRIED 5-0.
4. Open lvlike
Arthur J ackert, 19435 Dodge Street-Stated concerns \\~th flooding on his property and
property that is adjacent to him.
IvIr. Maurer stated he has been working on this issue and monitoring it with the developer
and contractors.
11ayor IZlinzing stated city staff is a'.vare of the issue and is trying to remedy it.
Regina Purtle, 9900 213th ~Avenue-Stated her gravel road is proposed to be included in the
2006 Bituminous Overlay Improvement project. She requested that all the mailboxes be
moved to one side and that a gravel shoulder be added for a horse trail.
5.1. .i\ccept Public Safety Donations from The Eddy Foundation
I<ris Visy with Northstar Access and Bob Eddy Vlith The Eddy Foundation presented
$2,000 to the Police Department and $2,000 to the Fire Department. 1v1r. Eddy stated they
are very grateful for all the difficult \vork the public safety employees perform in the
community.
City CouncillvIinutes
June 19, 2006
Page 5
Chief Beahen stated Chief West was called away for an emergency and was unable to be at
the meeting tonight but that he appreciated the donation from the Foundation. Chief
Beahen stated the Foundation has been generous \vith their contributions. He stated each
time an officer has been killed state\Vi.de the Foundation has donated $1,000 to the memorial
fund.
Mayor I<linzing thanked the Foundation.
6.1. 2006 Bituminous Overla~y Improvement (Improvement and Assessment Hearing)
1v1r. Maurer provided a background of overlay improvements and \vhy the city does these
projects. He re'Tiewed the areas proposed to be included in this project. 1v1r. Maurer stated
there are 392 assessable units and that the bid on the project came in lower than projected in
the feasibility report. He stated the assessment to property owners would be reduced to
$2,150 per unit and they should receive an updated assessment schedule in the mail.
1v1r. Maurer listed six properties from Deerfield 2nd that should be removed from the
assessment roll because they were assessed in 2001 for another project. He stated a property
in Schooblie\v Addition needs to be removed from the assessment roll because it is an
unbuildable lot if the improvement project is approved tonight.
1\1ayor I<linzing opened both the improvement and assessment public hearings.
Allen Wallace, 12516 Ridge\voocl Drive-Stated he is a representative of the Ridgewood
..!~ssociation, which supports the improvement project.
Vicky Stevenson) 19850 Watson Circle-Stated she lives in the Ridgewood area and does not
support the project. She stated concerns \Vith erosion and drainage and felt an overlay would
not fDr these issues. She also expressed concerns Vlith sno\vplows tearing up the asphalt in
the cul-de-sac. She would like to see the road better constructed.
Mayor I<linzing questioned what the overlay \vill accomplish.
1v1r. Maurer stated the overlay \v1ll create a ne'\v driving surface Vlith an average of 1-1/2"
thick asphalt. He stated drainage patterns would not change but staff can review other
alternatives to fL.x these issues.
Gary Gadacz, 19764 York Street-Stated he is concerned the overlay \vill not remedy
drainage and erosion issues in Ridge\\rood. He further stated he would like to see curbing
ins tailed.
IvIr. Maurer stated the city could consider installing a bituminous berm where needed for
drainage purposes.
Sherry Booth 9993 213th _t\venue-Stated on September 6, 2005 she received approv-al to
combine her two lots into one lot and did not feel she should be assessed for two lots.
1it. Maurer stated if Ms. Booth could provide proof that the t\vo lots are combined as one
lot the city would change the assessable unit to one.
City Councill\1inutes
June 19,2006
Page 6
Dennis Dore, 10730 198m Avenue-Questioned why the funds to pay for this improvement
aren't coming from the property taxes that are collected by the city. He stated his road
doesn't look like it needs any repairs.
Mayor I<linzing explained that property taxes collected by the county are split among the
city, school, and county. She further ex-plained why imprO\lement projects are assessed
rather than paid from city taxes.
Councilmember 110tin stated the Council is considering reviewing the policy but one of the
disadvantages of using general city funds is that everyone's taxes v.@ go increase more each
year.
Paul Bogart, 14254 214th Avenue-Submitted a Notice of Appeal from 10 residents in the
North Meadows Addition. 11r. B.ogart stated 214th _r\venue was sealcoated in 2004. He
further submitted information from a website that explains the overlay process.
Bill Meatio, 14320 214th Avenue-Stated he is opposed to the overlay project.
Mike Bickman, 18707 Highway la-Stated he was speaking for himself and his father. He
stated he thought the Council would be installing sewer and water on Naples Street within
the next fe\v years so it would be a waste of money to do an overlay at this time.
Councilmember Dietz stated se\vet and water would not be installed on Naples Street. He
stated there axe not enough neighbors that signed the petition for it.
Teresa Chicoine, 18588 Naples Street-Stated she is in favor of the overlay.
Dan Bocko, 12304 Rush Circle-Stated there are erosion issues that need to be remedied. He
stated the sno\vplows and the front end loader tear up the road in the winter. He stated he
doesn't want to see money \vasted on an improvement if these issues are not remedied.
John Casey, 9922 178m .l~venue-Stated he is in Hidden Creek believes his road is in good
condition. He is concerned the overlay is a \vaste of time and money because he heard sewer
and water may come to his area.
Councilmember Motin stated no action has been taken by the city to install se\ver and water
in Hidden Creek.
Mayor I<linzing stated the lots in this area are too large.
Cecilia Scheel, 10271 213th Avenue-Questioned how much of her road/ drive\vay v.ril.l be
overlayed. She stated she \vould like street signage installed using the former street name
''Elk Lake Road."
:MI. Maurer stated the city ",ill pave the public portion of the road.
Dan Schiltz, 12463 Ridgewood Drive-Stated he is in strong favor of the overlay
improvement. He is concerned about drainage and the quality of work that v;ill be
performed. He stated he would like to see curbing installed near the hills for safety and
drainage issues.
City Council 11inutes
June 19, 2006
Page 7
Steve Stewart, 18290 Ogden Street-Questioned where the interest goes and why it is
charged on the assessment.
Ms. Johnson stated a 11/2 percent interest is charged above the bond rate to cover any
delinquencies and administrative costs and these funds go back into this project.
Darrel Gildemeister, 14393 214th ~f\venue-Stated he is opposed to the overlay assessment.
Cheryl Froehlich, 9797 213th Avenue-Stated she supports the overlay improvement. She
questioned if the road \vill be widened to allow horses on the side. She further expressed
concern for sinkholes on the road near a culvert and questioned if it \Vill be replaced. She
expressed concerns \vith drainage. .
1v1r. Maurer stated the Council \'\till decide on \vhether to '\'Viden the road tonight or whether
a gravel trail should be installed to allO\\7 horses. He stated the contractor \vould not be
replacing the culvert and he is unsure if the Street Department has any plans to replace it.
Jerry Mathis, 12660 Ridgewood Drive-Stated he supports the project. He is concerned
about the 20-30' drops along his road and questioned if curbing or guardrails would be
installed.
1:v&. Maurer stated berming could be installed but this \\till not address any safety issues \vith
somebody going over the berm.
.l\. resident stated the city should re-evaluate the work that needs to be done in Ridgewood
due to the erosion, drainage, and safety issues.
h1r. Maurer stated guard rails ate not included in the bid and he doesn't know the history of
auto accidents on this road but the city could revie\v the issue. He stated guard rails, if
needed, would become a separate project from the o\Terla:y improvement. He stated if the
city is to \vait on improving Ridge\\TOod; it could be ten years before it comes before Council
again due to the many other projects in line for needed impro'Vement. 1\1r. Maurer stated he
and the street superintendent \vill rev-.iew the issues discussed tonight. He stated residents
should contact him \vith any concerns.
1\.1r. 11athis stated he \V~ould rather ha\Te the overlay nOVi then \vait 10 years.
Pam Romick, 9719 213th Avenue-Questioned if residents vlill be notified if the city decides
to ,viden 213th _r\venue for a horse trail. She inquired as to ho\v much the road would be
\'\t~dened and which side of it would be affected.
Ben Anderson, 13710 183rd ../\venue-Questioned hO,\\7lifespan of the overlay.
1\1r. Maurer stated it would be 10-15 years.
Russ Palm, 14271 214th Avenue-Stated 214th Avenue was sealcoated a few years ago and
should be able to last longer than a couple of years \vith a sealcoat.
Donna Gaskey, 9830 213th Avenue-Stated she supports the overlay but doesn't want to see
her road \videned for a horse trail.
George CoVtrles, 19731 Rush Street-Stated he is in favor of the overlay.
City Councillvfinutes
June 19, 2006
Page 8
Kevin Murray, 9660 178th Avenue-Questioned if I-:lidden Creek were to be removed from
the assessment roll, when the project could come back again for a possible improvement
and ho\v much it may cost.
lvir. Maurer stated it could possibly come back in !:\Va years. He couldn't give an estimate on
cost. He stated the city has been fortunate to keep the cost low because construction costs
have increased so much in the last fe\V~ years.
Nicole Bahr, 18222 Ogden Street-Questioned why everyone has to pay the same amount
when other streets in the improvement project may cost more to repair. She stated the
amount of the assessment seems astronomical.
Ivfr. Maurer stated everyone in the improvement pr'oject is treated equally. He stated
residents are paying for the contractor to lay asphalt and the city would be taking care of the
rest of the work that needs to be done. He stated many streets are combined into one large
project in order to bring the cost of the improvement down. He stated if streets were done
on an individual basis, then the costs \V~ould be much higher.
Mayor I<linzing closed the public hearing.
1vlayor I<linzing explained where taxes go in the city budget. She stated she believes that if
improvement projects were paid for from general city fund it \vould make the Council's job
eaSIer.
Councilmember Dietz stated he disagreed with Mayor I<linzing. He felt the assessment
process is a fair \vay to handle improvement projects. He stated if funds \vere taken from
ta..xes, then the issue becomes a political/lobbying issue by residents on who \Vill get their
road'repaired. He stated the property O\vner is getting the benefit and should pay for it and
once they pay for their road improvement they're done; othenvise everyone's taxes are going
up more each year to pay for all the city roads. He stated the process would be slower and
more cumbersome if taken from city general funds.
Councilmember Gumphrey questioned lvir. Maurer's assessment of 214th Avenue.
T\1r. Maurer stated it does need an overlay and was most likely built to a lesser road standard.
1vIayor I<linzing stated drainage and berrning should be revie\\ted in Ridge\vood.
1v1r. Maurer stated he and the street superintendent could meet \v;th residents in Ridge\.vood
to review the issues discussed tonight. He stated additional work should not be included in
the overlay proj ect.
Councilmember Gumphrey requested Chief Beahen be included in reviewing safety issues in
Ridgewood.
11ayor I<linzing questioned of Ridgewood roads should be rebuilt.
rvIr. Maurer stated an overlay \Vm extend the life of the road. He stated if it is rebuilt it \vould
be many years before it could happen due to many other projects that are in front of it.
City Councili\rfinutes
J nne 19, 2006
Page 9
Mayor I<linzing stated she supports remo\rmg property owners in North Meado\\Ts (214th
.L~venue) from the improvement project. She stated she is in fa\'or of widening 213th _Avenue.
lvf.r. Maurer stated the road can be widened \\~thin the city right-of-way but there may be
some changes needed to the ditches for drainage.
Councilmember Gumphrey questioned if the horse trail on 213th Avenue could become a
pedestrian trail in the future.
lvf.r. Maurer said yes.
Councilmember Farber informed the property o'\\TIlers on 214th ilvenue that their road does
need to be improved and that the Council may take it out of the 2006 Overlay project but it
may be included in another project in a few years and could cost more money.
Mayor I<linzing explained the appeal process to property owners. She stated if they had any
objections to the assessment they must turn in their written appeal to the Council by the end
of tonight's meeting. She further noted that the Council received an email from Jim
Spitzenberger opposing the overlay improvement.
.1.\. Resolution Ordering Improvement
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-84 ORDERING
THE IMPROVEMENT IN THE MATTER OF THE BITUMINOUS OVERLAY
IMPROVE~1ENT OF 2006 \VITH THE FOLLO\VING CONDITIONS:
1. THAT THE NORTH MEADOWS SUBDIVISION BE REMOVED FROM
THE 2006 BITUMINOUS IMPROVEMENT PROJECT.
2. STAFF INVESTIGATE THE POSSIBILTY OF INSTALLING A TRAIL
ALONG 213TH AVENUE.
3. STAFF REVIEW DRAINAGE AND SAFETY ISSUES IN RIDGEWOOD.
MOTION CARRIED 5-0
B. Resolution i\dopting Final Assessment Roll
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-85
ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE
BITUMINOUS OVERLAY OF 2006 \VITH THE FOLLO\VING CHANGES IN
THE ASSESSMENT ROLL:
1. ASSESSMENTS REDUCED TO ZERO FOR:
· PID# 75-510-0160, 11431198TH AVENUE (DEERFIELD 2~rn)
· PID# 75-510-0230, 11379198THAVENUE (DEERFIELD 2ND)
· PID# 75-510-0240, 19841 DODGE STREET (DEERFIELD 21'.rn)
· PID# 75-510-0340, 11301198TH AVENUE (DEERFIELD 2!\TD)
· PID# 75-510-0345, 19794 ZANE STREET (DEERFIELD 2!'.1]))
· PID # 75-510-0455, 11157198THAVENUE (DEERFIELD 2ND)
City Councillvfinutes
J nne 19, 2006
Page 10
.
PID # 75-107-3300, 14393 214TH AVENUE (NORTH MEADOWS)
PID # 75-107-3305,14390 214TH AVENUE (NORTH MEADOWS)
PID # 75-107-3310,14320 214TH AVENUE (NORTH MEADOWS)
PID # 75-554-0105, 14225 214TH AVENUE (NORTH MEADOWS)
PID # 75-554-0110, 14271214TH AVENUE (NORTH MEADOWS)
PID # 75-554-0115,14319 214TH AVENUE (NORTH MEADOWS)
PID # 75-554-0120, 14339 214TH AVENUE (NORTH MEADOWS)
PID # 75-554-0205,21362 MEADOWVALE ROAD (NORTH
MEADOWS)
PID # 75-554-0210, 14254 214TH AVENUE (NORTH MEADOWS)
PID # 75-554-0215, 14280 214TH AVENUE (NORTH MEADOWS)
PID # 75-554-0220, 14296 214TH AVENUE (NORTH MEADOWS)
OUTLOT C, 11985191sT AVENUE (SCHOOLVIEW 1ST)
PID # 75-131-1100, 13679 US HIGHWAY 10
.
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2. LEAVE THE ASSESSMENTS ON BOTH PID # 75-112-4404 & PID # 75-
112-4408, 9993 213TH AVENUE (SHERRY BOOTH) AND BEFORE
CERTIFYING THE ASSESSMENT ROLL TO SHERBURNE COUNTY,
ONE ASSESSMENT WILL BE REDUCED TO ZERO FOR THE PID #
THAT WILL BE ELIMINATED BY SHERBURNE COUNTY.
MOTION CARRIED 5-0.
C. Resolution ...t\ccepting Bids and Authorizing Execution of Contract
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-86 ACCEPTING
BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER
OF THE BITUMINOUS OVERLAY OF 2006. MOTION CARRIED 5-0.
Mr. Maurer stated the contract documents would be changed to remove North I\1eadows
from the project.
The Council took a 5 minute break at 8:25 p.m.
r- ')
:>.......
Presentation of Comprehensive Annual Financial Report for the Period Ended December
31~2005
Steven McDonald of i\bdo, Abdo, Eick, and Meyers, presented the city's 2005
Comprehensive ...r\nnual Financial Report (C.Lt\.FR). 11r. McDonald noted one instance of
non-compliance regarding the Disposal of Government Records '\Vith Elk River Municipal
Utilities. He stated the Reserve Fund is \vithin the range recommended by the State Auditor.
The Fire Relief Association Financial Statements were also presented.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ACCEPT THE 2005 COMPREHENSIVE
ANNUAL FINANCIAL REPORT AND THE FIRE RELIEF ASSOCIATION
AUDIT. MOTION CARRIED 5-0.
City Council lvfinutes
June 19, 2006
Page 11
6.2. Resolution Approving Simple Plat of Trott Brook Hills Requested by Christopher Carr.
Public Hearing-Case No. P 06-10
:Mr. Leeseberg stated the applicant is requesting to divide a 9 acre parcel into t\Vo lots. He
discussed zoning, landscaping, lot layout, and the recommendation for Park Dedication. 1vIr.
Leeseberg stated the city would get a potion of the site for a possible future extension of
211 th _Avenue.
11ayor I<linzing opened the public hearing. There being no one to speak to this issue, Mayor
I<linzing closed the public hearing.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-87 GRANTING
FINAL PLAT APPROVAL FOR TROTT BROO.K HILLS, CASE NO. P 06-10
WITH THE FOLLOWING CONDITONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
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. SURFACE WATER MANAGEMENT IMPACT FEE SHALL BE PAID AT
THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL.
5. PARK DEDICATION SHALL BE IN THE FORM OF CASH FOR ONE
LOT AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT
APPROVAL.
6. A SHERBURNE COUNTY ACCESS PERMIT WILL BE NECESSARY
FOR THE DRIVEWAY CONSTRUCTION.
7. ONE BOULEVARD TREE AND ONE YARD TREE SHALL BE
PLANTED ON LOT 2.
MOTION CARRIED 5-0
2006 Bituminous Overlay Improvement Appeal
Mayor I<linzing stated a written appeal to the 2006 Bituminous Overlay assessment '\vas
received from Gary and Gaye Nicole Bahr and the Council needs to act on it.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER FARBER TO DENY THE ASSESSMENT APPEAL BY
City Council lvfinutes
June 19, 2006
Page 12
GARY AND GAYE NICOLE BAHR (18222 OGDEN STREET /75-456-0440)
BASED ON THE FOLLOWING FINDING:
1. THE PROPERTY WILL BENEFIT FROM THE IMPROVEMENT.
MOTION CARRIED 5-0.
Councilmember Morin noted that the letter doesn't specify \vhether the objection is against
the overlay improvement or the dollar amount being assessed.
Mr. Clark introduced Jeremy Barnhart who was recently hired as the Planning Manager.
6.3. Conditional Use Permit to AllO\V a Home Salon Requested by Tamela Thompson. Public
Hearing-Case No CU 06-14
:Mr. Barnhart stated the applicant is requesting a conditional use permit to build a home
salon. He discussed parking, signage, and the Planning Commission's recommendation. He
provided an overview of the project.
Mayor I<Jinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APROVE CONDITIONAL USE
PERMIT, CASE NO. CU 06-14, TO TAMELA THOMPSON FORA HOME
SALON WITH THE FOLLOWING CONDITIONS:
1. PARKING BE SETBACK A MINIMUM OF 10 FEET FROM THE
PROPERTY LINE.
2. MAXIMUM WIDTH OF DRIVEWAYS AT PROPERTY LINE SHALL
NOT EXCEED 40 FEET.
3. PARKING AREA, DRIVE, OR WALKS SHALL NOT ENCROACH INTO
EXISTING OR FUTURE SEPTIC LOCATIONS.
4. THE BUILDING SHALL MEET ALL BUILDING CODES.
5. THE BUILDING SHALL MEET ALL FIRE CODES.
6. THE HOURS OF OPERATION SHALL NOT BE BETWEEN THE
HOURS OF 10 P.M. AND 7 A.M.
MOTION CARRIED 5-0.
6.4. Conditional Use Permit to Allo"\v a School at the Boys & Girls Club Requested by Spectrum
High SchooL Public Hearing-Case No. CU 06-15
Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate a high
school at the Boys & Girls Club for up to three years. He stated the applicant is willing to do
City Councillv:Unutes
Jillle 19, 2006
Page 13
an interim use pennit instead of a conditional use permit. ::Mr. Leeseberg discussed hours of
operation, interior and exterior layout, and the Planning Commission's recommendation. He
discussed parking and signage concerns as outlined in his staff report.
Mayor I<1inzing opened the public bearing. There being no one to speak to this issue, Mayor
I<1inzing closed the public hearing.
Councilmember Dietz questioned if the signage would be similar to the neon sign that is
currendy set up at the Boys & Girls Club.
::Mr. Leeseberg stated the neon sign is a temporary sign and the sign for Spectrum v;ill. be
added to the existing Boys & Girls Club sign.
Mayor I<1inzing stated she is concerned about parking, especially since high school kids like
to drive and could fill up the lot. She stated concerns \"vith the Boys & Girls Club being
opened in the daytime and needing parking. She requested a condition be added to the
pennit that parking be reviewed each yeax.
Councilmember Dietz questioned if students would be allowed to drive to school.
Dave Andreason, Representative for Spectrum f:Iigh School-Stated employees of the high
school would be utilizing about 10 parking stalls. He stated student parking could be by a
lottery/pennit system.
Councilmember Dietz stated staff should monitor the parking issue and \vork with school
staff.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER DIETZ TO APPROVE INTERIM USE PERMIT, CASE
NO. CU 06-15, TO SPECTRUM HIGH SCHOOL TO OPERATE FROM THE
BOYS & GIRLS CLUB WITH THE FOLLOWING CONDITIONS:
1. THE INTERlM USE PERMIT TO OPERATE THE SPECTRUM HIGH
SCHOOL SHALL BE GRANTED UNTIL JULY 15, 2010.
2. IF AN EXTENSION TO THE JULY 15, 2010 DATE IS REQUIRED, THE
APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE
INTERIM USE PERMIT.
3. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING
CODES.
4. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES.
5. THE KITCHEN SHALL MEET ALL APPLICABLE BUILDING CODES.
6. ONE WALL SIGN AND ONE FREESTANDING SIGN NOT TO
EXCEED 96 SQ FT IN TOTAL COMBINED AREA SHALL BE
ALLOWED.
7. NO PARKING SHALL BE ALLO\VED ON THE DRIVEWAY (6TH
STREET) INTO THE FACILITY.
City Councillvllnutes
June 19,2006
Page 14
8. THE APPLICANT SHALL INSTALL NO PARKING SIGNS ON THE
DRIVEWAY PER THE CITY/STATE REQUIREMENTS.
9. NO PARKING SHALL BE ALLOWED ON JACKSON AVENUE.
10. THE APPLICANT SHALL PROVIDE THE CITY WITH WRITTEN
PERMISSION FROM THE PROPERTY OWNER IN WHICH THE
FREESTANDING SIGN IS LOCATED.
11. IF PARKING IS DEEMED BY THE CITY OF ELK RIVER AS A
POLICING ISSUE, THE PROOF OF PARKING LOT WOULD BE
REQUIRED TO BE CONSTRUCTED, AS INDICATED ON THE SITE
PLAN.
12. STAFF SHALL VERIFY THAT PARKING IS ADEQUATE PRIOR TO
THE START OF EACH SCHOOL YEAR.
MOTION CARRIED 5-0.
6.5. Ordinance .l\pproving a \)?etland Buffer Ordinance Requested by City of Elk River. Public
Hearing-Case No. OA 06-04
Ms. Haug noted that the City Council recently reviewed the proposed \vetland buffer
ordinance at a \vorkshop meeting. She stated changes were made to the ordinance based on
that meeting. Ms. Haug further noted that this ordinance is much less restrictive than many
other communities. She revie\ved the ordinance and its purpose.
Mayor I<linzing opened the public hearing. There being no one to speak to this issue, Mayor
I<linzing closed the public hearing.
Councilmember Farber stated he doesn't see any issues Vlith dumping grass clippings in
\vetland areas and questioned \vhy staff feels it is an issue.
Ms. Haug stated grass clippings contain phosphorous that can add too many nutrients to the
\vetland vegetation. She noted that the city has a compost facility for residential use.
Councilmember Morin questioned \vhat happens in a situation where there are erosion
issues or unacceptable vegetation.
Ms. Haug stated the city would need to review the situation and consider the type of
vegetation that should be in the \\ietland. She stated the developer \V~ould then be required to
repair the \V~edand. She stated if there are drainage issues staff would have to figure out way
to redirect runoff from the area, \V"hich the developer would have to remedy.
Councilmember Morin requested it state in the ordinance \vhat the consequences \\zill be for
\vetland issues.
11ayor I<linzing questioned Section 30-1852l\.v. regarding the city's discretion to install a
trail. She stated is should be required to follow the Master Trails Plan.
Councilmember Farber concurred.
City Council1\1inutes
June 19, 2006
Page 15
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 06-07 AMENDING
SECTION 30-1-DEFINITIONS OF THE CITY CODE OF ORDINANCES AND
INSERTING SECTION 30-1850 PERTAINING TO WETLAND BUFFERING
REQUIREMENTS, CASE NO. OA 06-04 WITH THE CHANGES NOTED
ABOVE. MOTION CARRIED 5-0.
7.1. _Authorization of Purchase ...Agreement with Tiller Corporation for Woodland Trails Park
~Addition
1v1r. Maertz stated staff has been working Vlith Tiller Corporation for the acquisition of
property adjacent to Woodland Trails Park. He reviewed the purchase agreement as outlined
in his staff report. 1v1r. Maertz noted that a balance of the purchase price ($365,000) v.rill be
recorded in the form of park dedication credits, which v.rill be indexed at the prime rate.
Councilmember Dietz questioned if the park dedication credits being given to Tiller '\vould
be used within the mining area once it is redeveloped.
1\1r. Maertz stated yes or Tiller could assign the credits to another development within the
mining dis trict.
Councilmember Morin questioned why the prime rate v.rill be used and not the bond rate.
1v1r. Maertz stated Tiller Corporation had concerns \vith inflation and the large increases in
park dedication fees by the city 'Within the last few years.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE PURCHASE
AGREEMENT WITH TILLER CORPORATION FOR THE PURPOSE OF
ADDING PARK LAND TO WOODLAND TRAILS PARK. MOTION CARRIED
4-1. Councilmember Morin opposed.
7.2. Rivers Edge Commons Revised Park Plan
1v1r. Maertz re\Tiewed a re'\rised plan for Rivers Edge Park. He stated the adjacent alley \vould
have brick pavers to match the dO\Vt1town side\valk and adclitionallandscaping '\vould be
installed on the west side of the alley. ::Mr. Maertz stated one of the property o\vners to the
,"vest of the park may have an alley easement dated from 1896 that could still be valid and
'\V1ll have to be verified by the city.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE THE CONCEPT PLAN FOR
RIVERS EDGE PARK. MOTION CARRIED 5-0.
8. Other Business
Councilmember Dietz stated the railroad tracks on Proctor Av-enue are in bad condition.
Ms. Johnson stated she has been working with Sherburne County to try and get Burlington
Northern to fix the track.
City Council Minutes
June 19,2006
Page 16
Ms. Johnson stated a letter of support outlining the safety concerns from the City Council
could be drafted.
.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER MOTIN DIRECTING STAFF TO DRAFT A LETTER
FROM THE CITY COUNCIL TO BURLINGTON NORTHERN SUPPORTING
THE REPAIR OF THE RAILROAD TRACKS FOR SAFETY REASONS.
MOTION CARRIED 5-0.
9. Council Updates
Councilmember Dietz provided an update of the Utilities Commission meeting held June 6,
2006. He noted that Utility Superintendent Bryan Adams would like the city to pay for the
installation of trunk water lines at County Road 40.
Ms. Johnson stated she attended the Utilities Commission meeting and indicated that the
city typically should not pay for this expenditure because city trunk funds are not available
for this purpose. She stated the city can issue bonds on behalf of the Utilities but that they
need to stand on their own for these types of projects. She stated in this unique
circumstance, if the Council agrees, city reserve funds will be used to finance approximately
$800,000 of trunk improvements with the understanding that the assessments for Liberty
Heights be used to repay the loan and if the assessments aren't paid, Elk River Municipal
Utilities would be responsible for repaying the loan.
10. Staff Updates
There were no Staff Updates.
.
11. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 9:30 p.m.
Minutes prepared by Tina Allard
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