11-20-2006 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, NOVEMBER 20, 2006
Members Present:
Mayor Klinzing, Councilinembers Dietz, Motin, Farber, and Gumphrey
Members Absent:
None
Staff Present:
City Administrator Lori Johnson, Community Development Director Scott
Clark, Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney,
Planner Chris Leeseberg, Police Chief Jeff Beahen, City Prosecuting
Attorney Chris Johnson, Economic Development Director Catherine
Mehelich, City Attorney Peter Beck, and Recording Secretary Tina Allard
Also Present:
Planning Commissioner Dana Anderson
HRA Commissioners: Stewart Wilson, Larry Toth, Louise Kuester, and
Jean Lieser
HPC Commissioner Lance Lindberg
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 11/20/2006 Agenda
Mayor Klinzing noted the following changes: Pay Estimates removed from Consent and
added after Open Mike; a resignation added to Other Business; and an Ice Arena Update
added to Council Updates.
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 GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1 CHECK REGISTER
3.3. SPECIAL ASSESSMENT REAPPORTIONMENTS AS OUTLINED IN
THE STAFF REPORT
3.4. INCREASE CITY ADMINISTRATOR LORI JOHNSON'S SALARY TO
$113,900.
MOTION CARRIED 5-0.
City Council Minutes
November 20,2006
Page 2
4.
Open Mike
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Noone appeared for Open Mike.
3.2. Pay Estimates
Councihnember Farber questioned if funds have been set aside to pay for the rest of the
unfinished items in the HigWand Avenue Reconstruction project. He stated there are still
some cracked driveways, sod, and signage issues that need to be resolved.
It was the consensus of the Council to discuss the HigWand Avenue project and pay
estimates at the December 4, 2006 City Council meeting when the city engineer can be
present.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE PAY ESTIMATES AS
OUTLINED IN THE STAFF REPORT WTH THE EXCEPTION OF THE
HIGHLAND AVENUE RECONSTRUCTION PROJECT. MOTION CARRIED
5-0.
5.1. Authorize Hiring of Finance Director Candidate-Timothy Simon
Ms. Johnson stated an interview committee is recommending the city hire Timothy Simon
as finance director. She reviewed his prior job experience, then introduced Mr. Simon.
Mr. Simon stated he is excited to work with Council, employees, and citizens.
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MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER FARBER TO HIRE TIMOTHY SIMON AS FINANCE
DIRECTOR WITH THE TERMS OUTLINED IN THE STAFF REPORT.
MOTION CARRIED 5-0.
6.1. Downtown Revitalization Project
A. Parking Analysis
Mr. Clark outlined the three phases of parking issues expected in the downtown area over
the next 3-5 years based on assumptions made by city staff. He stated the city should
establish a proactive policy for these phases so staff can act, rather than react, in an
appropriate and timely manner.
He requested the following from Council:
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review and make recommendations on the assumptions outlined in the staff report
create a task force to establish long term parking solutions
cap the issuance of parking permits temporarily so Chief Beahen and a team can
review and modify the existing permitting process
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Councilmember Farber stated the timeline for resolving parking issues should be condensed.
He stated additional residential parking will be required when the Jackson and Bluff Blocks
are completed in the spring. He stated if there is no downtown parking, businesses may
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City Council :Minutes
November 20, 2006
Page 3
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suffer. He further expressed concern with the safety of pedestrians crossing Highway 10 and
doesn't want the city to rely on the parking lots across the highway.
Councilmember Gumphrey concurred with Council.member Farber. He stated he would like
to see the timeline accelerated and the parking across from Highway 10 taken out of the
equation.
Chief Beahen stated the city is looking at pedestrian crossing improvements with the state
but there have been issues with the railroad crossing located nearby. He stated safety
concerns with pedestrians crossing the highway and noted that state highways are not
intended to have pedestrian traffic. He stated a pedestrian crossing would help but is costly
and suggested creating additional parking on the west side of downtown.
Councilmember Motin stated he has no issues with the timeline. He stated a ramp may be
needed in the future but the city needs to find the funds to build a ramp and he is not in
favor of a ramp unless some of the cost can be assessed to downtown property owners. He
stated there are enforcement issues with employee parking because downtown business
owners don't want the city to enforce parking regulations. Council.member Motin stated
there are too many unknowns at this time to know how to resolve future parking issues. He
stated concerns with rushing to turn existing buildings into parking lots when the city may
want to continue with redevelopment.
Council.member Dietz stated he doesn't object to spending some funds to make pedestrian
crossing safe on Highway 10. He questioned if Mn/DOT would be willing to cost
participate for funding.
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Chief Beahen stated he was unsure if Mn/DOT would assist with any funding. He stated
Mn/DOT is trying to eliminate crossings on highways.
Keith Holme, property owner of Kemper Drug-Stated safety concerns with pedestrians
crossing the highway. He started that during the winter snow builds up on the sidewalks and
there is no where for pedestrians to safely wait for traffic except on the highway. He
requested to be on the task force.
Tom Robertson 9956 153rd Avenue-Suggested the city install a pedestrian bridge.
Mayor Klinzing stated a pedestrian bridge creates issues with the disabilities act, funding,
and possible changes with the realignment of Highway 10.
ChiefBeahen stated the snow buildup along the highway is a concern and it would be
difficult for the city to keep up with cleaning up after Mn/DOT plows through each time.
HRA Commissioner Larry Toth volunteered to serve on the Advisory Focus Group as the
HRA representative.
Council.member Farber stated he would like the solution portion for future parking issues
moved up whether they are acted upon or not.
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MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ESTABLISH AN ADVISORY FOCUS
GROUP, CONSISTING OF EXISTING DOWNTOWN BUSINESS OWNERS,
REPRESENTATIVES FROM THE NEW REDEVELOPMENT PROJECT, AND
City Council Minutes
November 20, 2006
Page 4
STAFF IN ORDER TO ESTABLISH LONG-TERM PARKING POLICIES,
REGARDING ENFORCEMENT AND PARKING PERMITS WITH THE
FOLLOWING TWO APPOINTMENTS TO THE FOCUS GROUP: .
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· LARRY TOTH
· KEITH HOLME
MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER DIETZ TO PUT A TEMPORARY CAP ON PARKING
PERMITS. MOTION CARRIED 5-0.
B. Loan Program
Ms. Mehelich stated the Council asked staff to consider a grant or loan program to assist
downtown business owners. She stated staff had discussions with the city's auditor and legal
counsel regarding any issues with the city providing financial assistance in the form of a
grant to businesses. She stated the auditor conftrmed that the city has no statutory authority
to provide grants to businesses for their hardship as a result of a construction project. Ms.
Mehelich stated the city would need to establish findings for a public purpose on the grant.
Ms. Mehelich reviewed a draft loan program for existing businesses for downtown
revitalization with recommendations by the EDA as outlined in the staff report. She stated
the city has received limited interest on the loan program from the downtown businesses.
Councilmember Motin stated the personal guarantees the EDA is requiring are personal
financial statements of the owners.
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MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE THE DOWNTOWN BUSINESS
REVITALIZATION LOAN PROGRAM AS OUTLINED BELOW:
PURPOSE:
THE DOWNTOWN BUSINESS REVITALIZATION
LOAN PROGRAM IS AVAILABLE TO BUSINESS
OWNERS IN THE DOWNTOWN DISTRICT (DD) AS
A SHORT-TERM, LOW INTEREST OPERATING
LOAN THAT COULD BE USED TOWARD WORKING
CAPITAL, CASH FLOW, BUSINESS
SUSTAINABILITY AND CAPITAL EXPENDITURES.
AMOUNT:
UP TO $25,000.
RATE:
3%.
TERM:
2- YEARS.
CRITERIA: 1.
PERSONAL GUARANTEE OF THE BORROWER
WILL BE REQUIRED.
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November 20, 2006
Page 5
2.
APPLICATIONS TO BE ACCEPTED UNTIL
DECEMBER 31, 2007.
3. IN ADDITION TO THE PERMITTED FUND USES
LISTED IN SECTION U(l) OF THE MICRO LOAN
FUND POLICY, THE PERMITTED FUND USES
FOR THIS SPECIFIC PROGRAM INCLUDES
WORKING CAPITAL, REFINANCING OF
EXISTING DEBT, AND INVENTORY.
4. BORROWER MUST BE LOCATED IN THE
DOWNTOWN DISTRICT (DD).
MOTION CARRIED 5-0.
6.2. Resolution for Redevelopment District No.2 and Project Plan for Medical Technology
Center. Elk Path Business Park Third Addition-Public Hearing
Ms. Mehelich stated Sherburne County is requesting approval of the redevelopment
program for redevelopment district 2 and project plan for a technology center for
UnitedHealth. She stated this project is similar to the Target Technology Center that was
approved in 2005.
Mayor Klinzing opened the public hearing.
Brian Benson, Sherburne County Administrator-Stated he is pleased with the support of
Elk River city staff and that the purchase agreement is contingent upon the city permitting
approvals.
Mayor Klinzing closed the public hearing.
Councilmember Dietz questioned what the county intends to do with the rest of the
property they own.
Mr. Benson stated it would be for future county expansion.
Mayor Klinzing expressed her congratulations to the new business coming to Elk River.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-126 FINDING
THAT THE SHERBURNE COUNTY HOUSING AND REDEVELOPMENT
AUTHORITY'S REDEVELOPMENT PROGRAM FOR REDEVELOPMENT
DISTRICT NO.2 AND PROJECT PLAN FOR THE TECHNOLOGY CENTER
CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND
REDEVELOPMENT OF THE CITY OF ELK RIVER. MOTION CARRIED 5-0.
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November 20, 2006
Page 6
6.3.
Request for Approval of a Redevelopment Plan for Downtown Elk River Redevelopment
Project Dated November 1. 2006-Public Hearing
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Mr. Clark stated the HRA, Planning Commission, and City Council must review and adopt a
redevelopment plan prior to any action that would result in land acquisition and other types
of traditional redevelopment objectives.
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 REDEVELOPMENT
PLAN FOR DOWNTOWN ELK RIVER REDEVELOPMENT PROJECT
DAT~D NOVEMBER 1, 2006 BY THE HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF ELK RIVER, MINNESOTA, INCLUDING
THE FINDINGS OF FACT AS ESTABLISHED WITH THE PLAN. MOTION
CARRIED 5-0.
6.4. Request by Edward Dulak (preserve Ponds)
Ms. Cartney stated the applicant is requesting a zone change and preliminary plat approval
for Preserve Ponds. She discussed natural resources, parks, utilities, grading, landscaping,
and the Planning Commission recommendation.
A.
Ordinance to Approve Zone Change from RId to RIc (Single Family Residential). Public
Hearing-Case No. ZC 06-05
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Mayor Klinzing opened the public hearing for the zone change.
Ross Abel, John Oliver and Associates-Stated concerns with a 50' trail outlot because it will
affect the buildability of two lots. He stated he would prefer the trail to be an easement. He
stated further concerns with the energy easement along Block 3 and how it may inhibit some
of the homes from building decks.
Mayor Klinzing closed the public hearing.
Councilmember Farber questioned why the 50' trail outlot is needed when there is a trail
proposed just to the east of the outlot.
Mr. Leeseberg stated the Parks Commission had concerns with pedestrians crossing over a
county road.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 06-13 AMENDING
THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTIES TO R1C (SINGLE FAMILY RESIDENTIAL), CASE NO. ZC 06-05.
MOTION CARRIED 5-0.
B. Preliminary Plat Approval (preserve Ponds). Public Hearing-Case No. P 06-1
Mayor Klinzing opened the public hearing for the preliminary plat. There being no one to
speak to this issue, Mayor Klinzing closed the public hearing.
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~over.nber20,2006
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CounciImember Farber stated he doesn't see the need to have two trails located near each
other.
Mayor Klinzing concurred.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE PRELIMINARY PLAT
FOR PRESERVE PONDS, CASE NO. P 06-1 WITH THE FOLLOWING
CONDITIONS:
1. ALL COMMENTS AND CONDITIONS OF THE CITY ENGINEER'S
MEMO DATED NOVEMBER 8, 2006 SHALL BE ADDRESSED.
2. ALL COMMENTS AND CONDITIONS OF THE SHERBURNE
COUNTY MEMO DATED OCTOBER 5, 2006 SHALL BE ADDRESSED.
3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE BUILDING
CODES.
4. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE
CODES. THE FIRE CHIEF SHALL VERIFY LOCATION OF ALL FIRE
HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS
NECESSARY TO PRESERVE THE HEALTH AND GENERAL
WELFARE OF THE RESIDENTS.
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5. IN ADDITION TO THE EASEMENTS SHOWN IN THE
PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE
PROVIDED:
A. A 15 FOOT TRAIL EASEMENT IS REQUIRED ON BOTH
SIDES OF COUNTY ROAD 40.
B. A 15-FOOT LANDSCAPE EASEMENT SHALL BE PROVIDED
ALONG COUNTY ROAD 40 WITH THE PROPOSED
LANDSCAPING AND A BERM.
6. AN EARTH BERM OF AN UNDULATING HEIGHT OF 2-4 FEET
SHOULD BE INSTALLED ON LOTS 8-12 BLOCK 1, AND LOT 14,
BLOCK 3.
7. A WETLAND BUFFER OF 25 FEET APPLY TO ALL WETLANDS AND
A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES.
8. THE APPLICANT SHALL PROVIDE DOCUMENTATION THAT
SANITARY SEWER AND WATER WILL BE AVAILABLE FROM THE
RIVER PARK DEVELOPMENT TO SERVE THIS DEVELOPMENT.
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9. STORM DRAINAGE CALCULATIONS ARE REQUIRED PRIOR TO
FINAL PLAT APPROVAL.
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November 20, 2006
Page 8
10. A NPDES PERMIT APPLICATION FOR STORM WATER POLLUTION
PREVENTION PLAN (SWPPP) SHALL BE SUBMITTED PRIOR TO
FINAL PLAT APPROVAL.
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11. 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.
12. THE FOLLOWING FEES SHALL APPLY:
A. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT
THE RATE APPLICABLE AT THE TIME OF FINAL PLAT
RECORDING.
B. A SEAL COAT FEE SHALL BE PAID, AT THE RATE
APPLICABLE AT THE TIME OF FINAL PLAT RECORDING,
PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE
RELEASING OF THE PLAT FOR RECORDING.
14. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
15. APPROVED STREET SIGNAGE PLAN SHALL BE SUBMITTED PRIOR
TO FINAL PLAT APPLICATION.
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16. NO BUILDING IS ALLOWED ALONG THE ENERGY EASEMENT OF
BLOCK 3.
MOTION CARRIED 5-0.
6.5. Request by Elk River Holdings (Liberty Heights Estates of Elk River)
A. Resolution to Amend the Land Use Map for Certain Property from RR ()l.ural
Residential) to UR (Urban Residential). Public Hearing-Case No. LV 06-
B. Conditional Use Permit for Residential Planned Unit Development. Public
Hearing-Case No. CU 06-02
C. Ordinance to Amend the Zoning Map to Rezone Certain Property from RIa (Single
Family Residential) to PUD (planned Unit Development) Public Hearing-Case
No. ZC 06-01
D. Preliminary Plat Approval Public Hearing-Case No. P 06-03
Mr. Barnhart stated the applicant has agreed to continue this item to the December 4, 2006
Council meeting. He stated this item was advertised as a public hearing and that the hearing
needs to be held and continued to December 4.
Mayor Klinzing opened the public hearing on all the items.
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November 20, 2006
Page 9
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Duane Hoff, 9643 Viking Boulevard-Stated concerns with the setbacks on county roads
due to high speed traffic. He stated Anoka County is not in favor of creating an access onto
a county road at the county line. He stated concerns with added traffic.
Chris Holzem, 19256 Baugh Street-Stated concerns with the lot sizes. He stated he lives in
Bums Township and he will have 14 lots butting up to his property. He would like to see
wider frontages and deeper lots. He stated he would also like to see some screening or a
buffer along his property lines.
Ron Bratlie, 19863 Dodge Street-Stated he was speaking on behalf of the school district.
He stated the district is in favor of the Liberty Heights Estates plat.
Councilmember Dietz questioned if the school would be building on the site being offered
to them by the developer.
Mr. Bratlie stated it may be 7~10 years before a middle school would be needed at this
location.
Councilmember Motin questioned if Mr. Bratlie was speaking for the school board. He
stated the city would not be considering adding this development to the urban service area if
it were not for the developer donating land to the school district for a new school.
Mr. Bratlie stated he is speaking for the school superintendent and that he hasn't heard that
the School Board was not supportive. He stated the school being built will depend on the
growth and fmances of the district along with other needs in the district.
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Mayor Klinzing continued the public hearing to the City Council meeting on December 4,
2006.
Mayor Klinzing stated county road permits are issued by the county and not determined by
the city.
Councilmember Gumphrey directed staff to meet with representatives from Bums
Township and Anoka County.
It was the consensus of the Council to send another notification to abutting property
owners to let them know this item will be on the December 4, 2006 Council meeting.
Councilmember Motin stated he would like this item to go back to the Planning
Commission for review prior to the Council meeting. He stated he would like the Planning
Commission to look at the plat as if it were already approved but to pick out specific things
they would like to see changed with the plat. He stated the denial by the Commission was
vague.
Councilmember Gumphrey stated he would like to see the east end of the plat near the
county border to be less dense.
Planning Commissioner Dana Anderson reviewed the action taken at the Planning
Commission meeting. He listed the following concerns:
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Urban service area abutting rural areas in another community
Burdens on the traffic system
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November 20,2006
Page 10
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Public safety issues
Schools located across from each other over a county road and crossing safety
Favor ofR1d to blend with neighboring communities
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Brent Christianson, 18835 Cleveland Street-Stated when Burns Township was building
along his property, they did not give consideration to him so he doesn't think Elk River
should give consideration to them.
Mayor Klinzing stated the applicant has indicated in the past that he would keep the lots at
14,000 sq. ft. and she would like to see most of the lots at 14,000 sq. ft. She stated the
Council has agreed to allow this plat into the urban service area if the lots were larger and
the applicant gave land to the school district.
The Council took at 10 minute recess at 8:55 p.m.
6.6. Request by L & K RV (Lori Stephenson) for Conditional Use Permit for Trailer Sales,
Public Hearing-Case No. CU 06-26
Ms. Cartney stated the applicant is requesting a conditional use permit to store and sell travel
trailers. She provided an overview of the site and discussed parking, circulation, and
landscaping. She stated at the Planning Commission meeting, the applicant requested an
increase in the storage of trailers to 25 but that the Planning Commission did not formally
increase the amount.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
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Lawrence Davidson, applicant stated he would like to be able to store 25 trailers.
Planning Commissioner Dana Anderson stated the Planning Commission was okay with
allowing the 25 trailers.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT,
CASE NO. CU 06-26 WITH THE FOLLOWING CONDITIONS:
1. ALL APPLICABLE BUILDING CODES SHALL BE MET.
2. ALL APPLICABLE FIRE CODES SHALL BE MET.
3. THE PARKING LOT SHALL HAVE DELINEATED 5 PARKING
STALLS.
4. SIX LANDSCAPE TREES SHALL BE INSTALLED, 3 OVERSTORY
TREES AND 3 ON THE OUTDOOR STORAGE SIDE.
5. THE OUTDOOR STORAGE AREA SHALL CONSIST OF CLASS V
GRAVEL.
6. IF THE DISPLAY AREA IS MOVED FROM THE WESTERN SIDE OF
THE PROPERTY IT MUST BE APPROVED BY CITY STAFF.
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November 20,2006
Page 11
7. UP TO 25 TRAILERS CAN BE STORED ONSITE.
MOTION CARRIED 5-0.
6.7.
Request by William Matthews for Conditional Use Permit for Used Auto Sales and Classic
Car Restoration. Public Hearing-Case No. CU 06-28
Mr. Leeseberg stated the applicant is requesting a conditional use permit for an auto sales
business. He discussed parking, landscaping, and the Planning Commission
recommendation.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE
PERMIT, CASE NO. CU 06-28 WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING
CODES.
3. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES.
4. ALL VEHICLES SHALL BE PARKED ON AN APPROVED SURFACE
(NOT LANDSCAPED AREAS) WITHIN THE PROPERTY PER
SETBACK REQUIREMENTS.
5. NO VEHICLES SHALL BE PARKED IN THE PUBLIC RIGHT-OF-WAY
OR ON SIDEWALKS.
6. NO OUTDOOR STORAGE SHALL BE ALLOWED.
7. ALL VEHICLE MAINTENANCE AND/OR RESTORATION SHALL
OCCUR WITHIN THE BUILDING.
8. TREES SHALL BE PLANTED ON THE PROPERTY, AS INDICATED
ON STAFF EXHIBIT "A".
9. ALL SIGN PERMITS SHALL BE OBTAINED PRIOR TO ANY
SIGNAGE BEING INSTALLED.
10. .ADVERTISING ON THE VEHICLES SHALL BE LIMITED TO ONE
SIGN PER VEHICLE NOT EXCEEDING 94 SQUARE INCHES.
11. NO SIGNAGE AND / OR DECORATIONS OF ANY TYPE, SUCH AS
BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS,
PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON
THE VEHICLES.
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November 20, 2006
Page 12
12. ALL FOR-SALE VEHICLES SHALL BE DELIVERED TO THE SITE
UNDER THEIR OWN POWER.
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13. ONE-WAY TRAFFIC INTERNAL TO THE SITE WILL NEED TO BE
SIGNED ACCORDINGLY.
14. THE REMAINDER OF THE ROOF AND BUILDING SHALL BE
PAINTED.
15. THE INTERIM USE PERMIT AT 13479 BUSINESS CENTER DRIVE
SHALL BE REVOKED SIX WEEKS AFTER A CERTIFICATE OF
OCCUPANCY IS ISSUED FOR THE SUBJECT PROPERTY.
16. SITE TURF SHALL BE ESTABLISHED WITH APPROPRIATE
IRRIGATION.
MOTION CARRIED 5-0.
7.3. Resolution Providing for the Issuance and Sale of $3.220.000 General Obligation Bonds.
Series 2006C and Levying a Tax for the Payment Thereof
Ms. J ohmon introduced Mark Ruff and Sid Inman with Ehlers and Associates.
Councilmember Gumphrey stated he would abstain from this vote due to conflict of
interest.
Mr. Ruff reviewed the city's bond rating and the bid tabulations for the issuance and sale of
the $3,220,000 General Obligation Bonds Series 2006C. He recommended the Council
accept the bid from Harris N.A. because they submitted the lowest interest rate on the
bonds.
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MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-127 PROVIDING
FOR THE ISSUANCE AND SALE OF $3,220,000 GENERAL OBLIGATION
CAPTIAL IMPROVEMENT PLAN BONDS, SERIES 2006C AND LEVYING A
TAX FOR THE PAYMENT THEREOF. MOTION CARRIED 4-0. Councilmember
Gumphrey abstained.
7.2. Discuss YMCA Membership Rates for Elk River Residents
Ms. Johnson stated the Council requested YMCA representatives attend this meeting in
order to discuss membership rates for Elk River residents. She outlined in her staff report
how the rates were determined for the draft Memorandum of Understanding (MOU)
between the YMCA and the city within the last few months. She requested Council direction
on these rates before the final approval of the MOU between the city and the YMCA.
Councilmember Farber stated Elk River residents should get some kind of a break on
membership rates due to the following reasons:
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The city donated the land for the construction of a YMCA.
Residents passed a referendum whereby they will be paying for a YMCA and still have
to pay the same membership rates as non-residents.
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November 20, 2006
Page 13
Councilmember Farber stated the city has gone above and beyond in helping to get a YMCA
in Elk River.
Tom LaSalle, representative from the YMCA -stated the YMCA projects it will take nine
years before they see any revenue. He stated if the YMCA gave a $10 discount to Elk River
residents, it would be an indefinite date before they would see any revenue. Mr. LaSalle
stated the YMCA offers programs for people who can't afford the fees.
Ms. Johnson stated there have been a few out-af-state cases where the YMCA has provided
discounts to residents.
Mr. LaSalle stated the fiscal responsibility with the YMCA is in-state.
Councilmember Motin suggested adding a surcharge to non-residents. He questioned what
the City of Andover YMCA is doing.
Mr. LaSalle stated Andover is a larger market with higher income residents. He stated
marketing decisions for each YMCA are based on the size, draw, and density of the
community. He stated the YMCA is not refusing to cooperate with the city on the fees but it
is a matter of economics for the YMCA.
Councilmember Farber stated the city has stepped up and contributed more than most other.
communities.
Mr. LaSalle stated the YMCA could offer more programming such as senior programming.
Mayor Klinzing stated if the YMCA were to offer a discount they would not be able to
move forward with their programs. She stated the city will never see a community center
due to the costs. She further stated the YMCA offers sliding fee memberships for people
who can't afford the regular fees. She stated the YMCA is taking all the risks for operating
the facility.
Councilmember Farber stated the city has also taken a risk. He stated he wants the YMCA
in Elk River but noted the city could have sold the donated lot as a commercial property for
a large sum.
Councilmember Gumphrey stated the voters made the decision to bring the YMCA to Elk
River and were aware of the fees up front.
Ms. Johnson further reiterated that the referendum information for the YMCA was
published in the city's newsletter.
Mayor Klinzing stated when she talked to the public about the YMCA she informed them
there would be no discounts for residents.
Ms. Johnson stated the MOD would come to the Council and EDA on December 11, 2006.
7.4.
Consider Request for Proposals for City and Prosecuting Attorney Services
Councilmember Motin stated the city received three proposals for city and three proposals
for prosecuting attorney services. He stated the committee recommends retaining Peter
City Council Minutes
November 20, 2006
Page 14
Beck with Gray, Plant, and Mooty as the city's civil attorney. He stated the committee would
like to interview two firms for prosecuting attorney services. He stated the committee felt
the third proposal received by city prosecuting attorney Chris Johnson would not be feasible
for the city due to backup coverage issues and the probability of needing to hire additional
staff in the future.
.
Councilmember Farber concurred.
Councilmember Motin expressed concerns with the firms being a smaller size.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER MOTIN TO RETAIN GRAY, PLANT, AND MOOTY AS
THE CITY)S CIVIL ATTORNEY AND TO INTERVIEW THE LAW FIRMS OF
WILLIAM G. HAWKINS AND ASSOCIATES AND RANDALL, GOODRICH,
AND FITZPATRICK. MOTION CARRIED 5-0.
7.1. Consider City Contribution to Flexible Benefits Plan
Ms. Johnson reviewed the proposed flexible benefits plan as outlined in the staff report.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING AS
OUTLINED IN THE STAFF REPORT:
1. THE FLEXIBLE BENEFITS CONTRIBUTION FOR 2007
2. HEALTH INSURANCE OPTIONS FOR 2007
.
3. CHANGE IN LIFE INSURANCE CONTRACTS TO THE STANDARD
INSURANCE COMPANY EFFECTIVE JANUARY 1, 2007.
4. LIFE INSURANCE OF $10,000 FOR PAID ON-CALL FIREFIGHTERS
WHO ARE NOT ALREADY COVERED BY THE CITY'S LIFE
INSURANCE POLICY.
MOTION CARRIED 5-0.
8. Other Business
Ms. Johnson stated she received a resignation notice from City Clerk Joan Schmidt who
would be retiring December 31, 2006.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER DIETZ TO ACCEPT THE RESIGNATION OF CITY
CLERKJOAN SCHMIDT. MOTION CARRIED 5-0.
Mayor Klinzing thanked Joan for her service in government. She stated Joan has been with
the City of Elk River for three years but has been working in government for 26 years.
Ms. Johnson stated she is looking for direction on filling the vacancy and would like to
promote from within if possible.
.
.
.
.
City Council Minutes
November 20, 2006
Page 15
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER FARBER TO RESEARCH THE VIABILITY OF HIRING
AN INTERNAL CANDIDATE. MOTION CARRIED 5-0.
9.
Council Updates
.
Ice Arena Commission Update
Councilmember Farber provided an update of the Ice Arena Commission meeting
held on November 8, 2006. He stated Elk River Municipal Utilities completed an
energy assessment of the Arena and provided ideas to help save money on energy
costs. He stated Elk River Utilities did a great job in helping the Arena to save
money.
10. Staff Updates
City Attorney Peter Beck thanked the Council for retaining him and his firm for civil legal
services.
11. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 10:30 p.m.
Minutes prepared by Tina Allard
\)pJ~C
/Joati Schmidt
i,SitY Clerk