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12-18-2006 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 18, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Senior Planner Sheila Cartney, Planner Chris Leeseberg, City Engineer Terry Maurer, Director of Economic Development Catherine Mehelich, Police Chief Jeff Beahen, Patrol Captain Brad Rolfe, Administrative Captain Bob Kluntz, Prosecuting Attorney Chris Johnson, City Attorney Peter Beck, and Recording Secretary Tina Allard Also Present: Planning Commissioner Brad Stevens Parks and Recreation Commissioner Mike Nizolek 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 12/18/2006 Agenda Mayor Klinzing stated Item 3.5. is continued to the January 16, 2007, City Council meeting and Item 6.10., 193 Avenue Update is being added to the agenda. rd MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1COUNCIL MINUTES ? 12/04/06 ? 12/11/06 3.2. CHECK REGISTER 3.3. PAY ESTIMATES 3.4. PARTIAL PAY ESTIMATE #4 TO BAUERLY BROTHERS, INC. FOR HIGHLAND ROAD IMPROVEMENT 3.5. RESOLUTION TO APPROVE FINAL PLAT OF ELK RIDGE CENTER 4 ADDITION, REQUESTED BY 7040 LAKELAND PARTNERS, CASE TH NO. P 06-17, CONTINUED TO JANUARY 16, 2007 City Council Minutes Page 2 December 18, 2006 ----------------------------- 3.6. REQUEST BY 7040 LAKELAND PARTNERS FOR CONDITIONAL USE PERMIT FOR ELK RIDGE CENTER PHASE 4 (ALDI, INC.) PUBLIC HEARING-CASE NO. CU 06-27-CONTINUED TO JANUARY 16, 2007 3.7. REQUEST BY JOHN WEICHT & ASSOC. (DEANO’S/PRECISION FRAME) FOR CONDITIONAL USE PERMIT FOR EXPANSION, PUBLIC HEARING-CASE NO. CU 06-31-CONTINUED TO JANUARY 16, 2007 3.8. MASSAGE ESTABLISHMENT AND MASSAGE THERAPIST LICENSE TO ROANNE EUERLE FOR A TOUCH OF HEALTH MASSAGE THERAPY WITH THE FOLLOWING CONDITION: ? ALL APPLICABLE FIRE AND BUILDING CODES SHALL BE MET 3.9. MASSAGE ESTABLISHMENT AND MASSAGE THERAPIST LICENSE TO JODI PIKULA WITH THE FOLLOWING CONDITION: ? ALL APPLICABLE FIRE AND BUILDING CODES SHALL BE MET 3.10. MASSAGE THERAPIST LICENSE TO DARCEY ENGELKE AND TOBACCO LICENSE TO ROCKWOODS ELK RIVER COUNTRY CLUB AND FRATERNAL ORDER OF EAGLES 3.11. RESOLUTION 06-132 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER 3.12. REQUEST BY ORRIN THOMPSON FOR AMENDMENT TO PRELIMINARY PLAT (RIVER PARK), PUBLIC HEARING-CASE NO. P 07-01, POSTPONED TO FEBRUARY 20, 2007 MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5. Oath of Office Mayor Klinzing performed the Oath of Office to swear in AnneMarie Buck as a police officer. 6.1. Pavement Management Program for 2007 6.1.A. Resolution Receiving Feasibility Report and Ordering Public Hearing for the Irving Avenue Street Rehabilitation Mr. Maurer stated he held informational meetings with property owners affected by this project. He reviewed the feasibility study and noted that it may be difficult to justify paving the alley sections. He stated the alleys may have to be re-graded and re-graveled in order to eliminate any drainage concerns. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-133 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. 6.1.B. Resolution Receiving Feasibility Report and Ordering Public Hearing for the Deerfield 3 rd Addition Street/Storm Drainage Reconstruction City Council Minutes Page 3 December 18, 2006 ----------------------------- Mr. Maurer stated he held informational meetings with property owners affected by this project. He noted there may be an issue with sidewalks due to the topography of the area. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-134 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE DEERFIELD 3 RD ADDITION STREET/STORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. 6.2. Resolution Approving Tax Abatement and Business Subsidy with United HealthCare Services, Inc., Public Hearing Ms. Mehelich stated United HealthCare Services, Inc. is requesting property tax abatement for construction of a data center in Elk River. She provided a description of the project and the tax abatement request. She stated the city’s financial assistance to the project is limited to five percent of the completed market value. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz stated he is concerned how this may affect Elk River Municipal Utilities (ERMU). He stated ERMU is investing between $2-3 million into this project and it will be many years before they could re-coup their investment. He stated if the data center went defunct, ERMU would have no use for the extra equipment they have to provide. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-135 APPROVING PROPERTY TAX ABATEMENT AND AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT. MOTION CARRIED 4-1. Councilmember Dietz opposed. 6.3. Consider Street Disruption Permit for Jackson Avenue Ms. Mehelich stated Flannery Construction is requesting to reconfigure traffic and parking on Jackson Avenue so a crane can complete framing work on the Jackson Place development. Councilmember Dietz questioned when Jackson Avenue would be opened to two-way traffic again. Dennis Anderson, Project Superintendent-Stated it will need to remain a one way through the end of the construction of Jackson Place. Councilmember Gumphrey suggested signage be installed on Jackson Avenue informing citizens there is parking available in the rear of the building. Councilmember Farber questioned when the alley next to Rivers Edge Park would be open to traffic. City Council Minutes Page 4 December 18, 2006 ----------------------------- Mr. Maurer stated it would be opening soon on a temporary basis through the winter with a Class IV base. He stated it would be closed again sometime in the spring in order to finish it. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE ISSUANCE OF A STREET DISRUPTION PERMIT FOR THE RECONFIGURATION OF JACKSON AVNEUE FROM JANUARY 15, 2007 TO FEBRUARY 9, 2007 PER THE CONDITIONS OULTINED IN THE MEMO DATED DECEMBER 7, 2006 FROM FLANNERY CONSTRUCTION TO THE CITY OF ELK RIVER AND AS ILLUSTRATED ON THE STREET DISRUPTION MAP DATED SEPTEMBER 14, 2006. MOTION CARRIED 5-0. 6.4. Request by Jeff Werner for Preliminary Plat (Cranberry Ridge), Public Hearing-Case No. P 06-15 Ms. Cartney stated the applicant is requesting to subdivide 54 acres into 16 lots and one outlot. She stated staff and the Planning Commission recommend denial of the request based on the following findings: 1.Proposed tree removal is excessive 2.Inconsistencies in the proposed road connections 3.Natural Resources Inventory (NRI) identified areas not being preserved 4.Comprehensive Land Use Plan policies not being met Ms. Cartney stated the applicant submitted material in which conditions 1, 2, and 4 may have been met. Mayor Klinzing opened the public hearing. Brad Stevens, Planning Commissioner-Stated the applicant may have met finding number 2 but still believes the plat should be denied based on the other findings. He stated this parcel would be a prime area to utilize open space preservation. He stated the applicant would still get the same density with the plat but oak forests and wetlands would be preserved. He stated staff indicated to the applicant that consideration could be given if open space preservation were utilized. Tim Keane, Leonard, Street, and Deinard (representing the applicant)-Stated the Comprehensive Plan encourages cluster development but isn’t required for this plat. He stated this plat is code compliant and can’t be denied. He stated trees will be selectively cut, not clear cut. He stated the project is consistent with all zoning regulations, will not conflict with any easements, not cause substantial environmental harm, and not have an adverse impact on neighboring land. He stated there are some minor engineering issues that the applicant is willing to work out. Mayor Klinzing closed the public hearing. Councilmember Dietz questioned if the city had leverage to use the NRI against the applicant. City Council Minutes Page 5 December 18, 2006 ----------------------------- Mr. Beck stated it could be one criterion but is not enough to base the denial of the plat. He stated the NRI should be integrated into the city code for more enforcement. Mr. Beck stated the issue of the long cul-de-sac needs to be addressed. Mr. Maurer stated the cul-de-sac could be considered temporary but he is concerned the property to the east may become a cluster development and this would then become a permanent cul-de-sac. He stated long cul-de-sacs have been discussed at many Council meetings due to safety concerns. Mr. Beck questioned the existing utility and road easement running east and west through this parcel. Ms. Cartney stated the applicant wants to vacate this easement and further indicated that the city never recorded the easement. She stated the applicant would need to vacate the easement. Lyle Reynolds, RLK Inc. (engineer/surveyor)-Stated there is no indication the city ever accepted this easement. He stated a quit claim deed was recorded for use for some purpose but the city never accepted the easement and an improvement has never been placed upon it. Mr. Keane stated the applicant would be willing to provide a right-of-way easement to the east boundary of the property. Mr. Beck stated the city does not have any obligation to vacate a public easement. He suggested the city investigate the easement and to continue the plat to a later date. Councilmember Motin questioned where the easement went beyond the property. Staff was unsure at this time. Mr. Beck noted the Council had until March 2, 2007 to act on this plat. Councilmember Motin expressed the following concerns with the plat: ? Utility and road easement through the parcel ? Length of the cul-de-sac and whether permanent or temporary ? CR 33 alignment; lots near 33 should be an outlot ? Nixon and 206 turn th ? how property to the south will align with this parcel Councilmember Motin stated this would be a good parcel for open space development but noted the city can’t require it of the applicant. Councilmember Gumphrey questioned if the city has other lengthy cul-de-sacs. He also questioned the county’s timing with improving CR 33. Mr. Maurer stated Ridgewood and the Ridges of Rice Lake have long cul-de-sacs because adjacent properties have not developed yet and may never develop. He stated temporary cul- de-sacs are built all the time because property development can’t be predicted. Mr. Maurer City Council Minutes Page 6 December 18, 2006 ----------------------------- stated the county is in the process of updating their transportation plan and the city could try to get their plans for the development of CR 33 firmed up. Mayor Klinzing stated the plat is consistent with the city’s zoning ordinances. She stated the city has no power to enforce this plat to be an open space development. She stated the city can’t hold back this plat for CR 33 because there is no future design planned for it. She stated the city can’t agree on a tree preservation policy and therefore has no ordinance to enforce more preservation of trees in Elk River. Mayor Klinzing stated the city has created numerous temporary cul-de-sacs in order to plan for future development. Mayor Klinzing stated she is concerned with the safety of some of the roads. She stated she would like to see an easement to the north for a future extension of a road. Councilmember Gumphrey stated he concurred with Mayor Klinzing regarding tree preservation. He stated he would like the applicant to work with staff on creating an easement to the north for a future road extension. He would also like to have the existing utility and road easement issue resolved. Councilmember Motin stated he is unsure this cul-de-sac would be considered temporary due to the likelihood of it being able to connect to another road. He stated he would like to see the alternatives for continuing the road: whether it would go to CR33 or another road to the east. He concurred with the Mayor regarding the easement to the north for a future road extension. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THIS ITEM TO FEBRUARY 20, 2007 WITH THE FOLLOWING DIRECTION: 1.CLARIFY EAST/WEST UTILITY AND ROAD EASEMENT ON AND OFF THE SUBJECT PROPERTY. 2.STAFF TO MEET WITH COUNTY TO FIND OUT THE COUNTY’S INTENTIONS FOR CR33. 3.205 AVENUE MUST HAVE A RIGHT-OF-WAY EASEMENT TH EXTENDED THROUGH THE PROPERTY. MOTION CARRIED 5-0. Councilmember Gumphrey asked the applicant if he had any issues with the 19 conditions outlined in the staff report. Mr. Keane stated he would need to check with the applicant. 6.5. Request by Jay Albrecht for Simple Plat (Sunset Acres), Public Hearing-Case No. P 06-16 Ms. Cartney stated the applicant is requesting to subdivide a 40 acre parcel into four lots. She reviewed the lots, the layout, transportation, and landscaping. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Minutes Page 7 December 18, 2006 ----------------------------- Councilmember Motin questioned why the lots were less than 10 acres when it is a 40 acre parcel that is being subdivided. Keith Evenson, applicant-Stated 50’ of right-of-way was taken along County Road 79 and 33. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE SIMPLE PLAT, CASE NO. P 06-16 SUBJECT TO THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER’S MEMO DATED DECEMBER 7, 2006 SHALL BE ADDRESSED. 2.ALL COMMENTS OF SHERBURNE COUNTY’S MEMO’S DATED SEPTEMBER 5, 2006 AND DECEMBER 11, 2006 SHALL BE ADDRESSED. 3.ALL COMMENTS OF THE CITY ENVIRONMENTAL ADMINISTER’S MEMO DATED SEPTEMBER 5, 2006 SHALL BE ADDRESSED. 4.THE BUILDINGS SHALL MEET ALL APPLICABLE BUILDING CODES. 5.THE BUILDINGS SHALL MEET ALL APPLICABLE FIRE CODES. 6.A TRAIL EASEMENT ALONG COUNTY ROADS 32 AND 79 BE PROVIDED. 7.DRIVEWAY WIDTHS ARE LIMITED TO 30 FEET ON THE COUNTY ROADS. 8.THE NECESSARY PERMITS SHALL BE OBTAINED FOR ANY WORK IN THE COUNTY RIGHT-OF-WAY. 9.LANDSCAPE TREES SHALL BE INSTALLED BY THE DEVELOPER, TWO TREES FOR INTERIOR LOTS AND FOUR TREES FOR CORNER LOTS. 10.ALL REQUIRED SUBDIVISION 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. 11.PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RATE APPLICABLE AT THE TIME OF RECORDING, THE FEE FOR 2007 IS 3,300/UNIT OR $13,200. 12.SURFACE WATER MANAGEMENT FEE APPLIES TO THREE LOTS AT THE RATE APPLICABLE AT THE TIME OF RECORDING. City Council Minutes Page 8 December 18, 2006 ----------------------------- 13.A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF LANDSCAPE, EROSION CONTROL AND STABLIZATION SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE PLAT FOR RECORDING. MOTION CARRIED 5-0. 6.6.Request by Verizon Wireless for Conditional Use Permit, Public Hearing-Case No. CU 06-29 Ms. Cartney stated the applicant is requesting to install an enviro building equipment shelter on an existing steam plant because the current location of the equipment is difficult to access and unsafe to service. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE CONDITIONAL USE PERMIT CASE NO. CU 06-29 SUBJECT TO THE FOLLOWING CONDITIONS: 1.THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2.THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3.NO ADDITIONAL ADVERTISING SIGNAGE IS ALLOWED TO BE PLACED ON THE BUILDING. MOTION CARRIED 5-0. 6.7. Request by Cemstone Products Company for Conditional Use Permit, Public Hearing-Case No. CU 06-30 Mr. Leeseberg stated the applicant is requesting a conditional use permit to extend his plant by four acres to be utilized for crushing and storing recycled concrete. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz questioned where the piles of material will be stored. Ken Kuhn, applicant-Stated the material will be stored in a windrow in the expanded area. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 06-30 SUBJECT TO THE FOLLOWING CONDITIONS: 1.LANDSCAPING ALONG THE SOUTH PROPERTY SHALL BE THE SAME AS WHAT WAS APPROVED AND INSTALLED ON THE SOUTH City Council Minutes Page 9 December 18, 2006 ----------------------------- PROPERTY LINE WITH THE CONDITIONAL USE PERMIT (CU 05- 05). 2.CONCRETE CRUSHING SHALL ONLY OCCUR FROM 6 A.M. TO 6 P.M., MONDAY THROUGH SATURDAY. MOTION CARRIED 5-0. Mayor Klinzing moved items around on the agenda. 6.10. 193 Avenue Update rd Mr. Maurer provided an update on the 193 Avenue Corridor proposed to be constructed rd from the east side of TH 169 to CR 13. He would like the Council to consider having a public hearing (not required) in order to hear from property owners and the Council on the final design of the road. He stated a public hearing could be held either on January 8 (not televised) or January 16, 2007. Councilmember Motin stated he would like to have the hearing at a televised meeting. It was the consensus of the Council to schedule a public hearing on this project for the January 16, 2007 City Council meeting and to notify the same large area. An eminent domain resolution will be brought back at a future Council meeting after the public hearing. 7.3. Consider Prosecuting Attorney Committee Recommendation Ms. Johnson stated a committee including Councilmembers Farber and Motin and city staff was formed back in May to review whether to retain the prosecuting attorney’s office due to financial issues and coverage issues. She stated the city is pleased with the prosecution services that have been provided by the department but the financial situation has changed due to changes in fine revenue and the court system and the need for backup coverage in the absence of Prosecutor Chris Johnson or Legal Secretary Jennifer Johnson. She stated the committee considered all alternatives and found the best option to be to contract out for legal services due to cost savings that may range between $50,000-100,000 while still maintaining a high quality of service. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO DISCONTINUE PROVIDING IN- HOUSE LEGAL SERVICES AND CONTRACT OUT FOR THIS SERVICE WITH A TRANSITION PERIOD OF THREE MONTHS ENDING MARCH 31, 2007. MOTION CARRIED 5-0. Ms. Johnson stated the committee interviewed two firms who submitted proposals to the city for prosecuting services: Hawkins and Associates (Hawkins) and Fitzpatrick, Randall, and Goodrich (Fitzpatrick). She stated current city prosecutor Chris Johnson was partnering with the Fitzpatrick firm and would be the lead prosecutor for Fitzpatrick. Ms. Johnson stated the committee is currently split on which firm to hire for legal services. Councilmember Farber stated he doesn’t appreciate how this item has been handled in the last week. He stated this is a business decision for the city and there is no hidden agenda to City Council Minutes Page 10 December 18, 2006 ----------------------------- get rid of an employee. He stated Council and staff have received numerous emails from citizens indicating that city staff and the Council are trying to be underhanded. Councilmember Farber stated the committee interviewed both firms and decided to recommend Hawkins. He stated the Hawkins interview was excellent; whereas the Fitzpatrick interview was unprofessional. Councilmember Farber stated the committee is now split on which firm to hire due to the events of the past week. He stated he feels the committee should stick with the original recommendation to hire Hawkins. Councilmember Motin stated he originally was in favor of Hawkins after the interview process. He stated the Fitzpatrick interview was unprofessional and Mr. Johnson may have been over confident in thinking his firm already had the job. He stated he has concerns with Mr. Johnson regarding communication with the Police Department but he also thought there needed to be some independence between the Police and the Legal Department. He stated there is no hidden agenda by the city, but that the decision is based on financial issues. He stated Mr. Johnson and the Fitzpatrick firm would offer the following advantages to the city: ? smoother transition for the city; ? experience in Sherburne County; ? good employee; plus, ? the city can terminate the contract if needed. Councilmember Motin stated the Hawkins firm doesn’t bring a lot to the table and lacks prosecution experience. Councilmember Dietz questioned why he changed his mind. Councilmember Motin stated the Fitzpatrick firm interviewed badly but noted it is difficult to interview with people you already know. He stated comments about Mr. Johnson’s lack of experience in jury trials further prompted him to favor the Hawkins firm but later on he found out that jury trials in non-felony cases are rare. Councilmember Motin stated there would be backup coverage available with the Fitzpatrick firm but was unsure about the Hawkins firm. Councilmember Farber stated the Hawkins firm would be hiring a third person. Mayor Klinzing stated the Council shouldn’t disregard an employee who has done a good job for the city. She stated Mr. Johnson sought out another firm to try to continue working with the city. Councilmember Gumphrey stated the committee should stick with its original recommendation. MOVED BY COUNCILMEMBER GUMPHREY TO RECOMMEND HAWKINS AND ASSOCIATES TO PROVIDE PROSECUTION SERVICES TO THE CITY OF ELK RIVER. Mayor Klinzing felt the motion was out of order and requested it be dropped. Councilmember Gumphrey acquiesced. City Council Minutes Page 11 December 18, 2006 ----------------------------- Councilmember Dietz stated with all the comments he has received from citizens in the last few days, he doesn’t feel Mr. Johnson handled this situation in a professional manner. He stated this is about a profession and Mr. Johnson should not have church members and friends contacting the Council to lobby for a job. He stated all the citizens that called him are not aware of the whole situation. He stated Mr. Johnson’s memo attacks the other law firm and fabricates information. Councilmember Dietz stated there have been issues between Mr. Johnson and staff that he is unsure can be resolved. Mayor Klinzing suggested that the Council interview both firms due to the division in the recommendation. MOVED BY MAYOR KLINZING TO SET UP INTERVIEWS WITH BOTH FIRMS IN JANUARY. The motion died for lack of second. Councilmember Farber stated Mayor Klinzing should not have cut off Councilmember Gumphrey on his motion only to turn around and make another motion. Mayor Klinzing stated Councilmember Gumphrey’s motion was to settle the issue and her motion was to continue this item in order to consider it further. Councilmember Motin stated he would like staff to investigate allegations relating to communications issues between the Police and the Legal Departments. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY MAYOR KLINZING TO CONTINUE THIS ITEM TO JANUARY IN ORDER TO INVESTIGATE ANY ALLEGATIONS RELATING TO COMMUNICATION ISSUES BETWEEN THE POLICE AND LEGAL DEPARTMENTS. Councilmember Farber stated this item should not be continued due to how disruptive things have gone the last few days. He stated the situation will only worsen. Mayor Klinzing stated she had not been aware of any issues about Mr. Johnson’s performance and would like the allegations Councilmember Motin mentioned reviewed further. Councilmember Gumphrey stated the committee was formed to do a job and they have done it. He stated the Council needs to consider the needs of the city as a whole. MOTION FAILED 2-3. Councilmember Dietz, Gumphrey, and Farber opposed. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ACCEPT THE PROPOSAL FROM HAWKINS AND ASSOCIATES AND TO NEGOTIATE THE TERMS FOR A ONE YEAR CONTRACT. MOTION PASSED 3-2. Mayor Klinzing and Councilmember Motin opposed. 6.8. Ordinance Amendment by City of Elk River to Section 30-933 Regarding Screening and Buffer Requirements, Public Hearing-Case No. OA 06-08 City Council Minutes Page 12 December 18, 2006 ----------------------------- Ms. Cartney reviewed proposed changes to an ordinance regarding berming and landscaping along collector and arterial streets. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin expressed concerns with the strictness of the proposed changes in the ordinance. He cited the example of Kliever Lake Marsh. He stated there should be some flexibility in the ordinance and he doesn’t want to see a lot of variances. He expressed concern about whether trees would be required to be removed in order to meet the intent of the proposed ordinance. Mayor Klinzing and Councilmember Farber concurred. Councilmember Gumphrey questioned the policies of other cities. Ms. Cartney stated some of the ordinance is taken from other cities and she stated fences would be allowed as screening. Mr. Beck stated the language under C.1. regarding “average grade” should be reworked. Councilmember Motin stated if a person were allowed to construct a fence in lieu of berming he is concerned fences would be chosen all the time. He stated the city should have discretion on what method of screening to utilize, not the developer. Mayor Klinzing stated concerns with C.3. regarding the minimum width of the easement shall be 30 feet. She is concerned the city would be requiring too much encroachment on parcels. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO CONTINUE THIS ITEM AND DIRECTED STAFF TO ADDRESS THE CONCERNS MENTIONED ABOVE. MOTION CARRIED 5-0. 6.9. Ordinance Amendment by City of Elk River to Section 30-1581 Regarding Principal Structures, Public Hearing-Case No. OA 06-07 Ms. Cartney reviewed proposed changes to an ordinance for clarification of the 4 per 40 language for A1 lots. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin questioned why the city has a 40 acre minimum. Why not 3 for 30 or 2 for 20? Ms. Cartney stated the ordinance states a minimum of 40 acres and direction was to clarify current language; not change it. City Council Minutes Page 13 December 18, 2006 ----------------------------- MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 06-15 AMENDING SECTION 30-1581 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 06- 07. MOTION CARRIED 5-0. 7.1. Resolution Setting the Final Tax Levy for Taxes Payable 2007 and Consider Adoption of 2007 Budgets Ms. Johnson reviewed the Truth-in-Taxation hearing that was held on December 4, 2006. She further reviewed the general fund, special revenue, and enterprise fund budgets. Councilmember Motin stated he would be opposing this item because he felt the budget increase should have been kept at 8-9% (it’s proposed at 11%). He stated he also wanted information on how Sherburne County can increase commercial property taxes by 21 percent. He believed the law only allowed a certain percentage increase. He stated according to the statutes he has read, commercial property taxes should be determined on an individual basis and the percentages should not be applied across the board. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-136 AUTHORIZING THE PROPERTY TAX LEVY FOR COLLECTION IN 2007 AND APPROVING THE GENERAL FUND, SPECIAL REVENUE FUND, AND ENTERPRISE FUND BUDGETS. MOTION CARRIED 4-1. Councilmember Motin opposed. 7.2. Consider 2006 Budget Amendments Ms. Johnson reviewed the annual budget amendment process which is part of the Financial Management Plan. Discussion was held on the process to repair the concrete floor in the Police Department. Councilmember Dietz questioned if dress coats are needed for all members of the Fire Department or if a certain amount in certain sizes could be bought for the firefighters to share. Chief Beahen stated at many functions the firefighters attend, the City of Elk River is one of the few cities that do not wear dress coats. He further stated sizes are specific to the individual wearing the coat. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE BUDGET AMENDMENTS AS OUTLINED IN THE ATTACHMENT IN THE STAFF REPORT. MOTION CARRIED 5-0. 8. Other Business There was no Other Business. 9. Council Updates City Council Minutes Page 14 December 18, 2006 ----------------------------- Mayor Klinzing noted that this would be the last Council meeting for Councilmember Dietz. The Council wished him well and thanked him for his service to the city. 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 9:00 p.m. Tina Allard City Clerk