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12-04-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 4, 2006 Members Present: Mayor Klinzing, Counci1members Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, City Attorney Peter Beck, City Engineer Terry Maurer, Planning Manager Jeremy Barnhart, Parks and Recreation Director Bill Maertz, and Recording Secretary Jessica Miller Also Present: Planning Commissioners: Dana Anderson, Leo Offerman, and Brad Stevens 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 12/04/2006 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: Counci1member Gumphrey noted that AnneMarie Buck is his neighbor and if he will abstain from voting if necessary. Mayor Klinzing indicated that as long as there is not a legal conflict of interest Councilmember Gumphrey can vote if he wishes. 3.1. CITY COUNCIL MINUTES · 11/06/2006 REGULAR · 11/06/2006 EXECUTIVE SESSION · 11/13/2006 REGULAR · 11/13/2006 CANVASSING BOARD CHECK REGISTER RESOLUTION 06-128 ACKNOWLEDGING CONTRIBUTIONS FROM WAL-MART FOUNDATION TO THE ELK RIVER FIRE DEPARTMENT TOBACCO LICENSE - STEVE'S SMOKE SHOP, INC. APPOINT JOHN ANDERSON TO THE DOWNTOWN REDEVELOPMENT PLAN TASK FORCE HIRE POLICE OFFICER - ANNEMARIE BUCK 3.2. 3.3. 3.4. 3.5. 3.6. City COWlcil Minutes December 4, 2006 Page 2 MOTION CARRIED 5-0. . 4. Open Mike Noone appeared for Open Mike. 5.0. Truth in Taxation Public Hearing Mayor Klinzing explained that the purpose of the Truth in Taxation hearing is to discuss the general city budget and general tax information and that it is not a time to discuss individual property values and taxes. She stated that if individuals have questions or concerns regarding their property values, they should attend the Board of Review meeting in the spring or contact the Sherburne County Assessor's Office. Ms. Johnson briefly outlined the process of the Truth in Taxation Hearing. The Council viewed a video titled "Fourteen Reasons Why Your Property Taxes Go Up and Down." City Administrator Lori Johnson stated that the Council approved the maximum tax levy of $9,757,057 in September. Ms. Johnson reviewed the tax levy by use and compared the levy with previous years. She also reviewed property tax changes and explained that a number of factors playa role in determining the property tax amount. Ms. Johnson reviewed general fund revenues and expenditures. Ms. Johnson stated that the 2007 budget includes the following new positions: part-time fire/building maintenance office assistant, part-time park maintenance worker, part-time senior center office assistant, building maintenance worker, and one full-time and two part-time street maintenance workers. She noted that the budget also includes the recreation administrative coordinator position that was part-time made full-time in 2006. . Ms. Johnson reviewed the special revenue funds and enterprise funds. She stated that the enterprise funds are self-supportive and not supported by tax dollars. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Mayor Klinzing announced that the levy and budget final approval will take place on Monday, December 18, 2006 at 6:30 p.m. Councilmember Motin questioned how valuation affects net tax capacity. He stated that he has been informed that several commercial values were increased quite substantially after the Board of Review and Equalization meeting and questioned what the appeal process is in this case. He would like clarification prior to the December 18 meeting. Ms. Johnson indicated that she will research and get back to the Council prior to the meeting on December 18. 5.1. Discuss Part-Time Recreation Assistant Position in 2007 Budget Parks and Recreation Director Bill Maertz indicated that the promotion of one of the part- time recreation assistants to a full-time recreation administrative coordinator created a 24 hour per week deficit in the recreation assistant position. Mr. Maertz stated that the recreation assistants are the primary customer service contact at Lions Park Center answering phones and handling a majority of the registrations. . . . . City Council J\1inutes December 4, 2006 Page 3 Mr. Maertz stated that staff did not adequately communicate that the creation of a full-time position, along with the internal hire, would require a replacement for the part-time recreation assistant position. He reviewed the options for replacement of the recreation assistant. Councilmember Motin indicated that his understanding when the recreation assistant was promoted was that she would increase her hours to perform additional duties but that she would also continue to perform her original duties as recreation assistant. He stated that he would like to use the council contingency fund to fund this position. Councilmember Farber concurred. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADD A PART -TIME 24 HOUR PER WEEK RECREATION ASSISTANT TO THE GENERAL FUND BUDGET AND REDUCE THE COUNCIL CONTINGENCY BY $21,000 TO FUND THIS POSITION. MOTION CARRIED 5-0. 6.1. Request by Elk River Holdings (]iberty Heights Estates of Elk River) Planning Manager Jeremy Barnhart indicated that the applicant is requesting a land use amendment, conditional use permit, zone change, and preliminary plat approval for Liberty Heights Estates. He stated that the property is located generally east of Cleveland Street (CR40) and south of 197th Avenue (CR33, Viking Blvd). Mr. Barnhart discussed the natural resources, parks, transportation, landscaping, and signage. He reviewed the Planning Commission recommendation. He stated that the public hearing on this item was continued from the November 20,2006 meeting. A. Resolution to Amend the Land Use Map for Certain Property from RR (Rural Residential) to UR (Urban Residential). Public Hearing-Case No. LU 06-01 Mayor Klinzing continued the public hearing. Planning Commissioner Brad Stevens reviewed the Planning Commission recommendation. He stated that the Planning Commission is not against extending the urban service district if the right plat was presented but they do not believe this plat is conducive to this area. He stated that the Commission expressed concerns over the length of the blocks and the lot sizes. He indicated that the Planning Commission would also like to see more trails and open space. Duane Hoff, 9643 Viking Blvd -stated that it appears that the Planning Commission recommendations are being disregarded by the City Council. He indicated that both Anoka County and Sherburne County have expressed concerns over transportation issues in the area and he shares these concerns. Ross Abel, John Oliver & Associates - indicated that he is speaking on behalf of the developer and that Mr. Dulak would like to request Council consideration of a portion of property south of the plat, east of Preserve Ponds as a park. He stated that the developer has added landscaping and that the plat could be modified to include additional trails and open space if necessary. City Council Minutes December 4, 2006 Page 4 Chris Holzem, 19256 Baugh Street - stated that he would like to see larger lot sizes along the Anoka County/Sherburne County border so this development would blend better with the Burns Township lot sizes. . Jim Schemer, Burns Township Board Supervisor - verified that the City Council received the letter outlining the Bums Township concerns. Mayor Klinzing indicated that the Council did receive the letter. Tim Walters, 19024 Baugh Street - indicated that he would also like to see larger lots as it transition between this plat and the existing Bums Township homes. Mayor Klinzing closed the public hearing. Councilmember Dietz expressed his concerns with extending the urban service district w:tthout advantage to the city. He indicated that he spoke to the School Superintendent and he indicated that middle schools are not in high demand right now and that it would probably be 10 years before the district would be ready to build a middle school on the land the developer is donating to the city. Mayor Klinzing stated that the density in this area is too high and that she would like to see larger 14,000 sq. ft lots. She stated that she would also like to see a buffer between this plat and the Burns Township homes abutting it. Councilmember Farber indicated that the current market does not support 14,000 sq. ft lots. He stated that the school land, trails, and parkland that are part of this development are valuable and worth extending the urban service district for. . Councilmember Motin explained that he has the same concerns as the Planning Commission regarding density of the development. He stated that he would like to see larger lot sizes. He indicated that the developer is providing trails, school land, and wetland credits which is valuable to the city in exchange for the extension of the urban service district. Councilmember Gumphrey concurred. Ed Dulak, Elk River Holdings - indicated that he is disappointed with the Council's comments. He stated that he had engineers design the plat based on the Council's feedback at a worksession in January 2007. Councilmember Motin indicated that he would be in favor of approving the extension of the urban service district contingent upon approval of the PUD within 90 days. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-129 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM RR (RURAL RESIDENTIAL) TO UR (URBAN RESIDENTIAL), CASE NO. LU 06- 01 CONTINGENT UPON COUNCIL APPROVAL OF A PLANNED UNIT DEVELOPMENT BY MARCH 1, 2007. MOTION CARRIED 4-1. Councilmember Dietz opposed. Mr. Dulak requested a meeting with the Council to discuss the plat. The Council concurred that this item will be placed on the January worksession agenda. . . . . 6.3. City Council Minutes December 4, 2006 Page 5 B. Conditional Use Permit for Residential Planned Unit Development. Public Hearing-Case No. CU 06-02 Ordinance to Amend the Zoning Map to Rezone Certain Property from R1a (Single Family Residential) to PUD (]>lanned Unit Development) Public Hearing-Case No. ZC 06-01 Prelimina(y Plat Approval Public Hearing-Case No.P 06-03 c. D. City Attorney Peter Beck indicated that it may be best to discuss the conditional use permit, zoning map amendment, and preliminary plat approval at the January worksession in order for the Council to define the changes Mr. Dulak is willing to make to the plat. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO DIRECT STAFF TO SEND A 60-DAY NOTICE OF CONTINUATION FOR THIS ITEM TO THE DEVELOPER. MOTION CARRIED 5-0. Mr. Dulak indicated that 60 days may not be enough time for his engineers to turnaround a new plan based on Council feedback at the January 8 worksession. Mayor Klinzing indicated that the Council continued this item for 60 days but Mr. Dulak can request an additional continuation if necessary. The Council took a five minute recess at 8:15 p.m. 6.2. Gateway Business Park Planning Budget and Work Plan Planning Manager Jeremy Barnhart stated that upon Council direction, staff developed a work plan for the Gateway Business Park that was approved by the EDA on September 7, 2006. Mr. Barnhart reviewed the background on the Gateway Business Park work plan. Councilmember Motin questioned if the planning budget is for internal work or cost to hire a consultant. City Engineer Terry Maurer responded that the cost includes both. He stated that he will conduct portions of the work but consultants and outside staff will be required for other portions. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE GATEWAY BUSINESS PARK PLANNING BUDGET. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE MAXFIELD RESEARCH, INC. TO COMPLETE THE MARKET STUDY AS OUTLINED IN THEIR QUOTATION AND TO AUTHORIZE THE CITY ENGINEER TO COMPLETE THE PRELIMINARY ENGINEERING WORK ON THE PROJECT. MOTION CARRIED 5-0. Reassessment of 2006 Bituminous Overlay Improvement City Engineer Terry Maurer explained that the final calculation of the total cost of the 2006 bituminous overlay project was substantially less than the original calculations and amount assessed; therefore, staff is recommending that the City Council consider reassessing the project at a reduced rate. Mr. Maurer indicated that staff's recommendation is to reduce the assessed amount from $2,150 per unit to $1,800 per unit for a total reduction in the assessed amount of $136,850. City Council Minutes December 4, 2006 Page 6 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-130 DETERMINING THE AMOUNT OF REDUCTION OF THE PREVIOUSLY ASSESSED 2006 BITUMINOUS OVERLAY IMPROVEMENT. MOTION CARRIED 5-0. . 7.1. Consider Fee Schedule - Public Hearing City Clerk Joan Schmidt reviewed the changes in the 2007 proposed fee schedule. 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 DIETZ TO ADOPT ORDINANCE 06-14 ADOPTING THE 2007 FEE SCHEDULE. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PUBLICATION OF THE SUMMARY OF ORDINANCE 06-14. MOTION CARRIED 5-0. 7.2. Consider EDA, HRA. and Library Board Appointments City Clerk Joan Schmidt reviewed terms on the Economic Development Authority, Housing and Redevelopment Authority, and Library Board that are expiring on December 31, 2006 . as outlined in her staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING MAYORAL APPOINTMENTS: MAYOR KLINZING AND COUNCILMEMBER MOTIN TO THE ECONOMIC DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM TO COINCIDE WITH THEIR COUNCIL TERMS AND EXPIRE ON DECEMBER 31,2010; DAN TVEITE TO THE ECONOMIC DEVELOPMENT AUTHORITY FOR A SIX-YEAR TERM TO EXPIRE DECEMBER 31,2012; COUNCILMEMBER MOTIN TO THE HOUSING AND REDEVELOPMENT AUTHORITY FOR A FIVE-YEAR TERM EXPIRING DECEMBER 31,2011; AND MICHAEL HANGAARD AND JOHN DIETZ TO THE LIBRARY BOARD FOR THREE- YEAR TERMS EXPIRING DECEMBER 31,2009. MOTION CARRIED 5-0. 7.3. Memorandum of Understanding between the YMCA, Ci~ of Elk River. and the Economic Development Authority City Administrator Lori Johnson reviewed the most recent draft of the Memorandum of Understanding (MOU) with the YMCA. She stated that the draft presented incorporates the Council's comments from the November 6 and November 20 meetings and she highlighted these changes. . . . . City Council Minutes December 4, 2006 Page 7 Ms. Johnson stated that another issue that came up during the course of negotiations with the YMCA is the size of the gymnasium. Parks and Recreation Director Bill Maertz stated that YMCA representatives have recently informed staff that the plan for the YMCA does not include a full size gym. Mr. Maertz stated that it was not evident in looking at the plan that the gym was not full size. He explained the ways the city could utilize a full size gym. Ms. Johnson indicated that in an attempt to include a full size gym in the building, new language has been included in the MOD. The language states that if possible, a full size gym will be included in the $12,000,000 budget. Ms. Johnson explained that if the Sherburne County Legacy Grant is awarded, those funds could be used to expand the gymnasium. She explained the grant award process. The Council concurred that the YMCA should include a full size gymnasium and agreed with the language included in the Memorandum of Understanding. Mayor Klinzing questioned if the proposed site is adequate for the YMCA with this expansiOn. Casey Scott, YMCA Representative - indicated that is the biggest concern that YMCA representatives have. Ms. Johnson stated that the site survey is not complete yet. She noted that alternatives such as shared parking are being discussed. 7.4. Authorization to Hire City Clerk and Direction on Executive Secretary/Deputy City Clerk Position City Administrator Lori Johnson stated that at the November 20, 2006 meeting, the Council accepted the resignation of City Clerk Joan Schmidt and directed staff to fill the position, giving first opportunity to any internal candidates who qualify. Ms. Johnson explained that Tina Allard, Deputy City Clerk, qualifies for and has accepted the position contingent upon Council approval. She indicated that Ms. Allard has worked for the city for over eight years and has a considerable amount of experience with licensing, elections, records retention, minute taking, and the administrative aspects of government. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE PROMOTION OF TINA ALLARD TO CITY CLERK EFFECTIVE JANUARY 1, 2007 WITH THE TERMS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Council concurred with staff's recommendation to replace the Executive Secretary jDeputy City Clerk position internally. Ms. Johnson indicated this item would be placed on a future agenda. 7.5. Resolution Adopting 2007 Compensation Plan for Non-Organized Employees City Administrator Lori Johnson reviewed the 2007 Compensation Plan for Non-Organized employees which includes the implementation of the 2007 pay plan, part-time pay, and flexible benefits plan contribution. Ms. Johnson stated that a majority of the plan remains unchanged for 2007. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-131 ADOPTING City Council Minutes December 4, 2006 Page 8 THE 2007 COMPENSATION PLAN FOR NON-ORGANIZED EMPLOYEES. MOTION CARRIED 5-0. . 7.6. Discuss Council Worksession Agendas City Administrator Lori Johnson reviewed the tentative worksession agendas for December and January. She noted that no continuation is necessary for the Truth in Taxation public hearing so that item can be removed from the worksession agenda. She stated that the only discussion item on the agenda is the YMCA Memorandum of Understanding. She further stated that the Economic Development Authority will be discussing this item as well. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO CALL A SPECIAL MEETING FOR 6:00 P.M. DECEMBER 11,2006 AND TO CANCEL THE REGULARLY SCHEDULED MEETING AT 6:30 P.M. MOTION CARRIED 5-0. 8. Other Business There was no other business. 9. Council Updates There were no council updates. 10. Staff Updates Ms. Johnson indicated that City Engineer Terry Maurer will be holding informational meetings this week regarding the 2007 improvement projects. . Ms. Johnson stated that the Prosecuting Attorney Committee will be interviewing two firms on Wednesday, December 6. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:04 p.m. Minutes prepared by Jessica Miller. Joan Schmidt City Clerk .