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10-16-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 16, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, City Attorney Peter Beck, Police Captain Brad Rolfe, Police Captain Bob Kluntz, Investigator McKernan, Officer Suchy, Community Development Director Scott Clark, Planning Manager Jeremy Barnhart, Park Planner/Planner Chris Leeseberg, Parks and Recreation Director Bill Maertz, Environmental Administrator Rebecca Haug, Senior Citizen Coordinator Sue Kostanshek, Utilities Finance Director Theresa Slominski, and Recording Secretary Jessica Miller Also Present: Planning Commissioner Howard Ropp, Librarian Mick Stoffers, and Library Board members: Michael Hangaard, Karen Stelk, and Allison Olson 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 10/16/2006 Agenda Ms. Johnson added discussion on community development furniture under other business. Councilmember Motin request.ed that item 7.1.C. be discussed prior to 7.1.B. Councilmember,Dietz added discussion of utility boxes under other business. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY 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. 3.2. 3.3. 3.4. OCTOBER 9, 2006 COUNCIL MINUTES CHECK REGISTER PAY ESTIMATES REQUEST BY RIVERSIDE COMPANIES FOR EXTENSION OF THE PRELIMINARY PLAT APPROVAL FOR HILLSIDE ESTATES EIGHTH ADDITION AND EAGLES MARSH City Council Minutes October 16,2006 3.5. 3.6. 3.7. 3.8. 3.9. 3.10. 3.11. 3.12. Page 2 REQUEST BY JEFF WERNER FOR PRELIMINARY PLAT (CRANBERRY RIDGE), PUBLIC HEARING - CASE NO. P 06-15 - Postponed to December 18, 2006 DEVELOPER AGREEMENT FOR TROTT BROOK FARMS 12TH ADDITION RESOLUTION 06-119 LEVYING SPECIAL ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICE SNOW AND ICE CONTROL POLICY RESOLUTION 06-120 APPROVING APPLICATION TO CONDUCT ANNUAL OFFSITE GAMBLING FOR ELK RIVER YOUTH HOCKEY ASSOCIATION REPLACEMENT OF ONE-TON DUMP TRUCK CRETEX POND AT TH10 AND UPLAND AVENUE RESOLUTION 06-121 LEVYING SPECIAL ASSESSMENTS FOR UNPAID WATER USAGE SERVICES. . MOTION CARRIED 5-0. 4. Open Mike Janelle Henry, 6627 E Lake Towne Dr, Albertville-Introduced herself as a candidate in the School Board race for the November 7 Election. Todd Schaeffer, 15531 50th St NE, St. Michael- Introduced himself as a candidate in the School Board race for the November 7 Election. John Kuester, 19834 York St, Elk River - Introduced himself as a candidate in the School Board race for the November 7 Election. . Louise Kuester, 19834 York St, Elk River - Discussed transparency in government and concerns she has relating to the fairness of the bidding process for local contractors. 5.1. Recognition of Reserve Officers Captain Rolfe provided a brief background on the Police Reserve program. He thanked all of the current and former reserves for their service and dedication to the community. Captain Rolfe, Captain Kluntz, Investigator McKernan, and Officer Suchy presented the following former reserves with a recognition plaque: Brian Barringer, Justin Ege, Lao Olson, Mike Wells, Tim Wick (not present), and Kathy Newman. 5.2. Currency Exchange License Renewal for Wal-Mart. Public Hearing City Administrator Lori Johnson indicated that Wal-Mart has applied to the Minnesota Department of Commerce to renew its currency exchange license to operate at 18185 Zane Street. Ms. Johnson explained that the Commissioner of Commerce issues the license but the license must be approved by the governing body of the local unit of government. Mayor Klinzing 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 FARBER TO APPROVE A CURRENCY EXCHANGE . . . . 6.2. 6.3. City Council Minutes October 16,2006 Page 3 LICENSE RENEWAL FOR 2007 FOR WAL-MART STORES, INC. OPERATING AT 18185 ZANE STREET. MOTION CARRIED 5-0. 6.1. NRG Transfer of Ownership Environmental Administrator Rebecca Haug explained that Resource Recovery Technologies, liC (RRT) is planning to purchase the Elk River Resource Recovery facility located at 10700 165th Avenue NW. Ms. Haug stated that the facility currently holds an Amended Conditional Use Permit and a Solid Waste License from the city covering its operations. She indicated that staff is proposing that RRT's name be transferred to the CUP and license much like it was when ownership was transferred from NSP to NRG in 1994. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE TRANSFER OF OWNERSHIP FOR THE AMENDED CONDITIONAL USE PERMIT AND THE SOLID WASTE LICENSE FOR PROPERTY LOCATED AT 10700 165TH AVENUE NORTHWEST FROM NRG TO RESOURCE RECOVERY TECHNOLOGIES, LLC (RRT). MOTION CARRIED 5-0. Request by Rudy Thibodeau for Administrative Subdivision. Public Hearing, Case No. AS 06- 02 Park Planner/Planner Chris Leeseberg stated that the applicant is requesting an administrative subdivision to split one lot into two lots. He explained that the proposed subdivision will create two parcels to allow for a twinhome which will give each dwelling unit its own individual piece of property. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor KJinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE ADMINISTRATIVE SUBDIVISION, CASE NO. AS 06-02 WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. FOR BOTH PARCELS, A VARIANCE OF 10-FEET ON THE SHARED PROPERTY LINE SHALL BE GRANTED, AS WELL AS A 5-FOOT VARIANCE FROM THE FRONT PROPERTY LINE. MOTION CARRIED 5-0. MOTION CARRIED 5-0. Ordinance to Approve an Amendment to the Land Use Regulations Section 30-860 and 30- 866 Regarding Signs. Requested by the City of Elk River. Public Hearing, Case No. OA 06-06 Park Planner/Planner Chris Leeseberg indicated that per Council direction in July, staff drafted an ordinance prohibiting temporary / portable signs and initiated dialogue with the business community. :Mr. Leeseberg explained that after input from community businesses, the Planning Commission's recommendation was to allow temporary signs for 90 days per calendar year per property with a 30-day limit per permit. City Council :Minutes October 16, 2006 Page 4 Mayor Klinzing opened the public hearing. . Jeff Gongoll, President Elk River Area Chamber of Commerce - Indicated that on behalf of the Chamber businesses, he appreciates that workshops were held and businesses were given a chance to comment on the proposed ordinance. Mr. Gongoll stated that he believes prohibiting the signs totally would be detrimental to community businesses. He indicated that he would like to see the maximum size of an allowed sign is increased. Rachel Erickson, Express Signs & Balloons, Inc. - Asked the Council to reconsider the size limitation of thirty-two square feet. She stated that the most popular sign size is forty- eight square feet. She stated that the larger sign is less of a distraction because it can be read easier from a distance while driving. Ms. Erickson also stated that she will work with staff to ensure that the signs are placed in acceptable locations. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing. Discussion took place and it was the consensus of the Council to make minor modifications to the ordinance including increasing the maximum sign size to 48 square-foot signs; for staff to come up with a way to post the sign permit on the sign and be able to handle the elements; and to revisit this issue in a year. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE ORDINANCE 06-12 AMENDING SECTION 30-1 AND 30-866 OF THE CODE OF ORDINANCES, CASE NO. OA 06-06 AMENDED TO ALLOW A MAXIMUM SIGN SIZE OF FORTY-EIGHT SQUARE FEET, MINOR DEFINITION CHANGES AS DISCUSSED, TO INCLUDE THE REQUIREMENT THAT THE TEMPORARY SIGN PERMIT BE ATTACHED TO THE SIGN, AND FOR THE ISSUE TO BE REVISITED IN A YEAR. MOTION CARRIED 4-1. Councilmember Dietz opposed. . 7.1. 7. LA. Library Construction Project Update Project Appraisals. Parks and Recreation Director Bill Maertz presented the appraisal summaries for the Elk River Library and adjacent city-owned properties as follows: library $1,050,000; house at 1217 5th Street $185,000; and the vacant lot at 1221 5th Street $50,000. Mr. Maertz indicated that the library building, at its current size, meets parking requirements and, therefore, the two adjacent properties could be sold with no impact to alternate library uses. Discussion took place on marketing the house and the vacant lot. It was noted that some interest has been shown in these properties and that staff may be able to market the property without the use of a realtor. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO AUTHORIZE STAFF TO MARKET THE HOUSE AT 1217 5TH STREET AND THE VACANT LOT AT 1221 5TH STREET WITH ALL PROCEEDS GOING TOWARDS THE NEW LIBRARY PROJECT. MOTION CARRIED 5-0. . . . . City Council Minutes October 16,2006 Page 5 7.1.C. ECONAR Discussion 7.1.B. Parks and Recreation Director Bill Maertz indicated that Mohammed Lawal from KKE Architects and Chris Nelson from KFI Mechanical Engineering were present to discuss the possible ECONAR donation. Mr. Lawal reviewed the bidding process. Mr. Nelson explained that KFI was not contacted by ECONAR prior to the bidding process therefore they were not included as a potential manufacturer. Mr. Nelson stated that KFI has reviewed ECONAR's product and it appears that the product will meet technical requirements for the library. He noted that due to the fact that the mechanical room was designed for a different system, portions of the piping and equipment access will need to be redesigned. Discussion on rebidding the mechanical portion of the project took place. City Attorney Peter Beck explained that rebidding a section is not allowable because the city asked for a total bid package rather than bids on each section and the bids must be accepted or rejected as a whole. Mr. Beck also explained that the best option would be to award the bid to the lowest responsible bidder and negotiate a change order for the mechanical work. He noted that another option would be to reject all bids and rebid the project. The Council reviewed ECONAR's conditions of acceptance. Issues were raised regarding some of the conditions due to the fact that ECONAR cannot receive preferential treatment. Mr. Beck indicated that ECONAR has to be provided with the same access as the public to the library and cannot have anything displayed in the library that the normal public does not. The Council suggested changes to some of the conditions and would like staff to revise the conditions and bring back to Council when the architects have negotiated a proposed change order with ECONAR. Bid Results Mr. Maertz presented the bid results. He stated that the low bidder was Merrimac Construction Company out of East Bethel, MN. He explained that the bid amount was $3,937,155 which is over budget. Mr. Maertz reviewed some budget modifications that have been made and indicated that the new differential of the project is $337,711, which is 10% over the original budget amount. Councilmember Dietz indicated that he believes the project estimate may have been low and since the fifteen bids that were received were all pretty close, it is probably a better reflection of the cost to construct the library. The Council concurred. Mayor Klinzing questioned if staff has looked into using landfill abatement funds for portions of this project. Mr. Maertz indicated that they have and that many items will qualify for landfill abatement fund use but that specifics will be discussed later in the project. Ms. Johnson noted that the original bond estimate for the library was $5 million so the amount over the original estimate can be fmanced through bonds as needed. Councilmember Dietz noted that $60,000 was included in the budget for demolition of the house located at 1217 5th Street and parking lot expansion and now that the demolition of that property is not necessary, that money can be applied towards the library project. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO AWARD THE CONTRACT FOR THE LIBRARY CONSTRUCTION TO MERRIMAC CONSTRUCTION COMPANY City Council Minutes October 16, 2006 Page 6 IN THE AMOUNT OF $3,937,155 AND FOR STAFF TO NEGOTIATE A CHANGE ORDER FOR THE PORTION OF THE MECHANICAL THAT ECONAR IS DONATING. MOTION CARRIED 5-0. . 7.2. Pay Plan Reclassification City Administrator Lori J ohoson provided a summary of the proposed new pay plan. She stated that the total implementation cost in 2007 is approximately $68,000 for all employees. Councilmember Dietz questioned where the $68,000 will come from. Ms. Johnson stated that the general fund budget will be adjusted to include it. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT THE CITY OF ELK RIVER POSITION PAY GRADES, THE JANUARY 1,2007 PAY PLAN, AND THE IMPLEMENTATION PLAN. MOTION CARRIED 5-0. 8. Other Business Ms. J ohoson explained that the building and engineering departments must purchase new furniture to furnish four workstations and one office. She stated that the cost of the furniture is approximately $30,000 and staff would like authorization to purchase the furniture. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE THE BUILDING AND ENGINEERING DEPARTMENTS TO ORDER FURNITURE FOR FOUR WORKSTATIONS AND ONE OFFICE AT AN APPROXIMATE COST OF $30,000. MOTION CARRIED 5-0. . Councilmember Dietz expressed concerns regarding the number of utility boxes being placed in people's yards. He stated that the memo written by Utilities General Manager Bryan Adams explains the purpose of the boxes but no solution to decrease the number of boxes. He questioned if staff has an alternative. Ms. J ohoson indicated that Community Developmen t Director Scott Clark met with his staff regarding the utility box issue. They are continuing their research and plan to meet again before bringing this issue to the CounciL It was the consensus of the Council to have community development staff investigate how other cities handle these boxes and report back to the Council. 9. Council Updates There were no council updates. 10. Staff Updates There were no staff updates. . 11. Adjournment . . . City Council Minutes October 16, 2006 Page 7 There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:40 p.m. Minutes prepared by Jessica Miller. (j). IU ~/ / ,.17Ul/ /'''' ~ - 'I Jol.n.l S~hmidt C~o/gerk