01-08-2007 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JANUARY 8, 2007
Members Present:
Mayor Klinzing, Councilmembers Farber, Gumphrey, Motin, and Zerwas
Members Absent:
None
Staff Present:
City Administrator Lori Johnson, Police Chief Jeffrey Beahen, Finance
Director Tim Simon, Liquor Operations Manager David Potvin,
Community Development Director Scott Clark, City Engineer Terry
Maurer, Planning Manager Jeremy Barnhart, City Attorney Peter Beck, and
Recording Secretary Jessica Miller
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 01/08/2007 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:
3.1. DECEMBER 18, 2006 MINUTES
3.2. RESOLUTION 07-04 ENTERING INTO A MAINTENANCE
AGREEMENT FOR 2007 WITH WRIGHT COUNTY FOR THE
PARRISH AVENUE BRIDGE
3.3. RESOLUTION 07-05 SUPPORTING AND AGREEING TO MAINTAIN
GREAT NORTHERN TRAIL ENHANCEMENT PROJECT
MOTION CARRIED 5-0.
4. Open Mike
Noone appeared for Open Mike.
5.
Executive Session
COUNCILMEMBER ZERWAS MOVED TO CALL AN EXECUTIVE SESSION
OF THE CITY COUNCIL TO CONSIDER THE ELK RIVER POLICE
OFFICERS (LEL LOCAL #231) CONTRACT PROPOSAL FOR 2007-2008.
City Council I\1inutes
January 8, 2007
Page 2
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
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Mayor Klinzing recessed the regular Council meeting at 6:31 p.m. Following the executive
session Mayor Klinzing reconvened the regular Council meeting at 6:45 p.m.
COUNCILMEMBER FARBER MOVED TO DIRECT STAFF TO FORMALIZE
THE 2007-2008 CONTRACT FOR THE ELK RIVER POLICE OFFICERS (LELS
- LOCAL #231) TO BE BROUGHT BACK FOR FINAL COUNCIL APPROVAL.
COUNCILMEMBER GUMPHREY SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
6. Worksession
6.1. Discussion with Legislators
Senator Betsy Wergin and Senator Mike Jungbauer were present to discuss issues of interest
with the City Council.
Liquor Operations Manager David Potvin indicated the :MN Grocer's Association is really
pushing for the wine-in-grocery stores this year. He questioned how Senator Wergin and
Jungbauer stand on this issue. He noted that he believes that wine is only a starting point and
that eventually the grocers would like to sell beer and alcohol also.
Senator Wergin indicated that she is not opposed to wine in grocery but would take a strong
look at the issue if it comes to a vote. Senator Jungbauer stated that he is not opposed to
wine in grocery stores but would like municipalities to have the ability to opt out of
including wine in the grocery stores within their community.
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Discussion took place on other topics of interest to the city including property taxes and levy
limits, charging sales tax on city purchases, eminent, state aid, and transportation funding.
The Council expressed their frustration with transportation funding for Elk River. Mayor
Klinzing indicated that Elk River recently agreed to pay $1 million for an engineering study
for Highway 169 and would like to see a way for cities to be refunded for such large
expenditures. Senator Jungbauer was optimistic that there is a way to find reimbursement for
the city.
Senator J ungbauer encouraged the Council to send a memo to their Legislators outlining the
items they feel are priorities for Elk River. Mr. Junghauer also encouraged the Council to
send resolutions on issues of importance as it is helpful to have documentation to distribute
while discussing issues with legislators.
6.2. Discussion on Northstar Commuter Rail Project
Paul Danielson ofKimle Horn (consulting engineers for the Northstar Commuter Rail
project) provided an update on the proposed parking lot and the depot for the Elk River
Northstar station. Mr. Danielson reviewed the proposed construction schedule. He stated
that next spring the existing parking lot will be doubled and heavy construction on the depot
is scheduled to begin at the end of 2008.
Mayor Klinzing questioned if overflow parking will be available. Mr. Danielson indicated
that the project is fiscally constrained and that overflow parking is not included in this
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City Council Minutes
January 8, 2007
Page 3
project. He noted that based on rider ship models, the expanded parking lot will meet the
needs for Elk River. He noted that there will also be a depot in Big Lake which will alleviate
some of the Elk River traffic.
6.3.
Discussion with Elk River Holdings (Ed Dulak III;) for Regarding Preliminary Plat Design
Planning Manager Jeremy Barnhart reviewed the request by Elk River Holdings (Ed Dulak
III) for discussion regarding the preliminary plat design. Mr. Barnhart reviewed the issues
raised by the City Council and staff during the previous reviews, which include the overall
layout of the lots on the south side, the need for additional trails throughout the plat, lot
sizes, and preservation of trees in the northwest corner of the project.
Ross Abel, John Oliver and Associates - reviewed alternative layouts; one of which includes
437 lots with 11,000 square foot minimum lot sizes wit9. an average just under 14,000 square
feet and another that includes 416 lots with a just-under 15,000 square foot minimum. Mr.
Abel distributed a revised concept drawing outlining 65-foot lots.
The Council reviewed the trail placement. Mr. Dulak explained that sidewalks are present on
one side of the street in all cases with the exception of the main road in which sidewalks are
present on both sides of the street. It was the consensus of the Council to remove the
southern mid-block pedestrian trail.
Mr. Abel reviewed shifting of the road in the northwest corner of the plat approximately 30-.
45 feet east, moving the lots inthis area out of the trees in that area. He also showed the
extension of Adams Street to the street immediately adjacent to the wedand in order to
provide additional connectivity to the wetland and the residents.
Bob Weigert, Paramount Engineering and Design - indicated that he understands that the
Parks and Recreation Commission has expressed interest in the park being located to the far
south of the plat but the developer would like to entertain the idea of the park being located
to the east of the Arrowhead pond ~ots 20 and 21). Mr. Weigert explained that he believes
that the park would be used more frequently due to its centralized location. This would also
provide public works with access to the pond for maintenance. Councilmember Gumphrey
suggested that a trail be relocated frorn its shown position to the next street to the west in
the northwest corner, linking the sidewalks in this area to the trail around the large wetland.
Mr. Weigert agreed, suggesting that location would be better than what is shown.
Councilmember Farber stated that he believes it is practical to have the park centrilly located
within the development. He stated that he would like to see a park with amenities and he is
not interested in having the park remain greenspace.
Mr. Barnhart stated that the Parks and Recreation Commission recommended the park on
the south side, in part to illow it to grow with future development to the south and to
capture the views of the pond/ wetland in this area. It is not intended to be an "open
space" park only. The Council concurred that the park should be practical with amenities for
the families with children living in the area. It was the consensus of the Council to have
Parks and Recreation Director Bill Maertz outline his visions for both park locations and to
make a decision after that information has been presented.
Mayor Klinzing indicated that she likes the 416 lot layout with the larger lot sizes. Mr. Dulak
noted that the alternative layouts are to show lot loss and do not reflect revisions made to
the plat.
City Council :Minutes
January 8, 2007
Page 4
Councilmember Farber questioned the current lot layout of the plat. Mr. Weigert indicated
that the current proposal includes 451 lots with a 12,800 square foot average and an 11,000
square foot minimum. He stated that 31 % of the lots are between 9,750 -11,000 square feet
with the remaining lots exceeding 11,000 square feet.
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Councilmember Farber indicated that he believes this is a nice project offering many
amenities, including the school site and he is comfortable with the smaller lot sizes as long as
the houses on those sites maintain high building standards.
Councilmember Motin concurred. He noted that he would like to see fewer 9,750 square
foot lots and would like to concentrate on the PUD requirements on the smaller lots.
Councilmember Gumphrey explained that he also concurs but he would like to see larger
lots on the south side around the perimeter of the project.
Councilmember Zerwas stated that 9,750 square foot lots are small but the developer has
already cut approximately 100 lots which will result in a profit loss while providing many
amenities. Councilmember Zerwas noted that he would like to see the lots on the southern
border enlarged if possible, but 14,000 minimum was not necessary.
City Attorney Peter Beck asked Mr. Dulak and his attorney to provide an outline of how
they propose to include the building requirements into an enforceable Planned Unit
Development. Mr. Dulak indicated that he will provide a rough draft to staff within two
weeks.
6.4.
Request by Gary Santwire to Consider Possible Changes of Land Use Regulations for
Property on Business Center Drive
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Gary Santwire, applicant - indicated that he is requesting direction from the Council
regarding potential changes to the zoning regulations for 17 acres of property located on the
south side of Business Center Drive, eas't of the Sherburne County administrative and
judicial services building. Mr. Santwire indicated that he would like to include a mix of
commercial (personal service establishments, retail, and restaurants.)
Community Development Director Scott Clark stated that the property is currendy zoned
BP (Business Park) and that prior discussions have taken place regarding the inconsistencies
within that district. He stated that staff would like to revise the entire BP portion of the
zoning ordinance. Mr. Santwire questioned if he is required to wait for this revision.
City Attorney Peter Beck stated that if the applicant's development plans are allowed under
the current zoning ordinance as a Planned Unit Development in the BP district, the
applicant can proceed but if an ordinance amendment is necessary, then the applicant should
wait. The Council concurred.
6.5. Street/Parks Employees Uniform Policy
City Administrator Lori Johnson indicated that during budget discussions last fall, discussion
took place regarding changing the uniform policy for streets and parks employees. Ms.
Johnson oudined the proposed policies.
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City Council Minutes
January 8, 2007
Page 5
Councilmember Motin indicated that he is concerned that listing "blue" as one of the
approved colors for the parks maintenance employees is too vague. Ms. Johnson stated that
could be changed to read "navy blue".
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT THE UNIFORM POLICY FOR THE
STREETS AND PARKS EMPLOYEES AS OUTLINED WITH THE CHANGE
NOTED ABOVE. MOTION CARRIED 5-0.
6.6. Council Open Forum
Councilmember Motin indicated that he received the update from the Energy City
Commission regarding the E85 fuel and the information provided was not. what he was
looking for. He stated he would like to establish a requirement for new and expanding gas
stations to carry the E85 fuel and he thought it would be good for the Energy City
Commission to take the lead on establishing this requirement.
Mayor I<linzing indicated that was not understood by the Energy City Commission and that
she will bring this request back to the Commission for discussion.
Councilmember Farber stated that it has been brought to his attention that not all
commercial buildings are required to have sprinkler systems unless they are occupied by
certain types of tenants. He stated that he believes that all commercial buildings of a certain
size should be required to have a sprinkler system. He noted that he has discussed this issue
with Fire Chief Bruce West and he has expressed interest in seeing this requirement changed.
Mr. Beck indicated that the sprinkler requirements are established in the building code and
that this issue should be discussed with Building Official Bob Ruprecht and Fire Chief Bruce
West.
Councilmember Farber indicated that he would like staff to implement a way for uses within
a Planned Unit Development to be specifically outlined in the PUD. He stated that the
Council currently has control over what types of buildings go in but not over what uses are
within those buildings.
City Attorney Peter Beck stated that the city has included the specific uses in the PUD in the
past but it required the PUD contract to continually be amended as new tenants moved in
and was very difficult.
It was the corisensus of the Council that they would like to have a way to control the type of
uses within a PUD. The Council would like to discuss this issue during their discussion with
Community Development Director Scott Clark a future worksession.
Councilmember Gumphrey stated that he will be unable to attend the February Utilities
Commission meeting and would like former commissioner John Dietz to attend in his
absence. It was the consensus of the Council to have Mr. Dietz attend the February Utilities
Commission meeting in Councilmember Gumphrey's absence.
City Councill\1inutes
J anllilry 8, 2007
Page 6
7.
Other Business
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There was no other business.
8. Council U pda tes
There were no council updates.
9. Staff Updates
There were no staff updates.
10. Adiournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 10: 12 p.m.
Minutes prepared by Jessica Miller.
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Tina Allard
City Clerk
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