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01-16-2007 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL H ELD AT TH E ELK RIVER CITY HALL MONDAY, JANUARY 16,2007 Members Present: Mayor Klinzing, Councihnembers Zerwas, Motin, Farber, and-Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, Finance Director Tim Simon, City Attorney Peter Beck, and Recording Secretary Tina Allard Also Present: Planning Commissioner Matthew Westgaard 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 01/16/2007 Agenda The Council requested Item 3.5. and Item 3.7 be removed from the Consent Agenda. Councihnember Motin added CR 33 to Other Business. 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 GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 01/02/07 COUNCIL MINUTES. 3.2. CHECK REGISTER. 3.3. PAY ESTIMATES. 3.4. ADOPT ORDINANCE 07-01 AMENDING SECTION 30-196 OF THE CITY CODE OF ORDINANCES. 3.6. NOTICE OF A QUOROM OF THE COUNCIL TAPING A CABLE TV PRODUCTION BUT NO CITY BUSINESS WILL BE CONDUCTED OR DISCUSSED BY THE THREE COUNCILMEMBERS TOGETHER. 3.8. EXTEND FINAL PLAT RECORDING FORJABEZ TO MAY 15,2008. 3.9. PAY EQUITY IMPLEMENTATION AND COMPLIANCE REPORTS AS OUTLINED IN REQUEST FOR COUNCIL ACTION. 3.10. RENEWAL OF FIREWORKS LICENSE TO CUB FOODS WITH AN EXPIRATION OF JANUARY 17,2008. 3.11. HIRE CHRIS RICE AS ENGINEERING TECHNICIAN I AT PAY GRADE 4, STEP D EFFECTIVE JANUARY 22,2007. City Council Minutes January 16, 2007 Page 2 3.12. APPROVE DOWNTOWN PARKING FOCUS GROUP MEMBERSHIP AS OUTLINED IN THE REQUEST FOR COUNCIL ACTION. . MOTION CARRIED 5-0. 4. Open :Mike Noone appeared for Open :Mike. 3.5. Call Special Meetings for Annual Report Presentation and Board of Appeal and Equalization Discussion was held on the dates that work best for scheduling the annual report and Board of Appeal meetings. The Council asked to receive the annual report video prior to the meeting. The Council requested the video he played prior to the Council meeting. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO CALL SPECIAL MEETINGS FOR WEDNESDAY, MARCH 28, 2007, 6:30 P.M. AT CITY HALL FOR ANNUAL REPORT PRESENTATION AND MONDAY, APRIL 30,2007,6:30 P.M. AT SHERBURNE COUNTY GOVERNMENT CENTER FOR BOARD OF APPEAL AND EQUALIZATION. MOTION CARRIED 5-0. 3.7. Consider Request for Proposals for Real Estate Service (for property at 1217 5th Street) Councilmember Motin questioned if the city had to select the price point recommended by the realtor. . Mr. Maertz stated the sale price could be set at any amount determined by the city. Mayor Klinzing stated it was her understanding the city would try to sell the house on its own. Councilmember Farber concurred. Ms. Johnson stated the Council had previously given direction to staff to get Request for Proposals. Councilmember Motin stated he had no issues with the city listing the house through a realtor because the city isn't in the realty business. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ACCEPT THE BID FROM REG POWELL, COLDWELL BANKER REALTY, FOR SELLING SERVICES OF CITY PROPERTY LOCATED AT 1217 5TH STREET WITH A STARTING LIST PRICE OF $175,000. MOTION CARRIED 5-0. 5.1. 193rd Avenue Corridor-Public Hearing Mr. Maurer provided a history of this project. He reviewed the following: . The alignments considered by the city and how the fInal alignment was chosen Right-of-way and easement needs . . . . . City Council Minutes January 16,2007 Page 3 . Land acquisition process Mayor Klinzing opened the public hearing. Dennis Galvin, 19253 Tyler Street-Questioned how much land the road would take from his 3 acre parcel. Mr. Maurer stated the parcel would be non-conforming and would not remain an appropriate home site because the road cuts right through the property. He stated the city could buy the whole parcel. He stated if the homeowner and the city could not come to an agreement the city could only take the amount of property that is needed for the road through the eminent domain process. Councilmember Motin stated that at the last public hearing there were alignment options for 193rd that were at a more southerly location and left the Galvin's property more intact. Mr. Maurer stated the Galvin's had indicated that a road even through their horse pasture would make their property undesirable for them andthey asked that the city take their entire property. Councilmember Motin questioned Mr. Galvin if he was changing his mind about selling his property to the city. Mr. Galvin stated he is unsure at this time. Arthur Jackett, 19045 Xavier Street-Stated he is opposed to the corridor. Joseph Glowacki, 11024 192nd Circle-Stated he is opposed to the corridor due to increased traffic. Brenda Maas, 19384 Ulysses Street-Stated she is concerned about the spread of oak wilt on her property. She is also concerned about vandalism to buildings that are part of her trucking operation because the building will be more visibility once the road is constructed. Mr. Maurer stated retaining walls and grading could be utilized to minimize the visibility to the trucking operation. Aaron Rasmus, 19298 Xavier-Thanked Mr. Maurer for information he has been providing residents. He asked Council to keep up the good communication throughout the project. He stated he is opposed to the corridor. Mayor Klinzing closed the public hearing. Mayor Klinzing stated she is not opposed to the alignment. She noted that federal money has already been appropriated for this project. She stated the corridor is not being installed at the request of developers. She stated the intersection issues at 193rd and TH 169 need to be solved. Mayor Klinzing stated she would like to hold off on this project unti12012 when MnjDOT should have a completed design for the TH 169 overpass. Mr. Maurer stated the intersection at 193rd Avenue and Evans Street would likely need to be changed to a signal system that would work in conjunction with the TH 169 signal. City Council :Minutes January 16, 2007 Page 4 Councilmember Motin stated he agrees with the road alignment presented. He would like staff to consider tweaking it around the Galvin parcel. He stated this project shouldn't be delayed because it will put residents on hold with being able to do anything with their property. He stated the city needs to be proactive on transportation projects. He stated the Council is trying to create the least amount of impact on residents and is taking their concerns into consideration. . Councilmember Zerwas statec;l the Galvin's requested the city to put the alignment down the middle of their property at a previous public hearing. He stated the project will not get any easier if delayed and residents won't be able to sell or maintain their homes. Councilmember Farber concurred with Councilmembers Motin and Zerwas and stated this project has been in the planning stages for many years. He stated the city needs more east- west corridors. Councilmember Gumphrey stated he is in favor of moving this project forward. He stated he doesn't want to see increased costs with this project due to a ~elay. Mayor Klinzing stated the Council would like to see more specifics for the road such as whether it would be a boulevard style, speed limits, etc. She also questioned the funding source for the right-of-way acquisition. . Mr. Maurer stated costs for the right-of-way acquisitions could be equal to the construction costs of the project. He stated he is waiting to hear from MnjDOT on an interest fee loan option. He stated the city could also sell state aid bonds against future allotments. The Council issued the following directives to staff: . . review options for the TH 169 intersection meet with the Galvin's to consider minor tweaking of the alignment on their property prepare eminent domain resolution and public hearing notice for affected residents initiate federal paperwork and preliminary design for the street reconstruction . . . Mr. Maurer stated the federal paperwork and land acquisition process could happen in 2007 and the city could start moving dirt in 2008. The Council took a five minute recess at 7:45 p.m. 5.2. Pavement Management Program 2007. i))eerfield)-Public Hearing Mr. Maurer reviewed the following for this project: . · . Affected project area Proposed to keep street section width at 28' and not widen it to the standard 32' due to topography of area Proposed sidewalks and past city policy Issues with vegetation and landscaping in right-of-way Street lights Clustered, secured mailboxes Estimated project costs of $4,730,500 and assessments of $6,650 per residential parcel . . . . . . . . . City Council Minutes January 16, 2007 Page 5 . Proposed timeline for project Mr. Maurer stated there are four parcels on Elk Lane included in this project. He was questioned by residents as to why it is included. He stated they could be removed but would eventually be included in an Elk Hills Addition reconstruction project in the future. Mayor Klinzing opened the public hearing Eric Nathe, 11241 192nd Avenue-Submitted a copy of a petition from residents against the following items in the project: · installation of a narrower road · clustered mailboxes · sidewalks He stated after attending tonight's meeting he sees that the road will not be narrowed more than it is now and can understand why it will be kept at 28'. He stated residents were under the impression the road would be narrowed to less than 28'. Mayor Klinzing read the petition. Arthur Jackett, 19045 Xavier Street-Questioned how storm sewer runoff would be collected and stored. Mr. Maurer explained the storm runoff for the streets in this project. Greg Runyon, 11276 192nd Avenue-Questioned why the city won't install surmountable curbs instead of the barrier style curb. Mr. Maurer stated barrier curbing provides a better driveway approach and contains water flow from street runoff. He stated surmountable curbs are used only when the city doesn't know where driveways will be built. He stated the city is willing to work with Mr. Runion on installing pedestrian ramps or an approach on his property in order to accommodate his wheel chair. Jeff Knutson, 11344 Elk Lane-Questioned whose responsibility it is to maintain the sidewalks. He requested a bike path instead of a sidewalk so kids can use it. Mr. Maurer stated it would be the property owner's responsibility to maintain the sidewalk. He stated concrete is a more durable product than asphalt and more aesthetically pleasing. Theresa Samek, 18938 Baldwin Street-Stated she supports sidewalks in the project. Rachael Hilyar, 19161 Zane Street-Stated she would prefer a 4' sidewalk so not as much land is taken from homeowners. Mr. Maurer stated land will not be taken from property owners. He stated the sidewalks will be put in the city right-of-way. He stated 4' sidewalks are not comfortable for walking side- by-side or passing others using the sidewalk. He stated standard sidewalks are 6'. City Council Minutes January 16,2007 Page 6 Rich Schultz, 19173 Zane Street-Stated he is in favor of the project but is opposed to the cluster mailboxes. He asked for more stop signs. He requested sidewalks be reduced to 4' to reduce the assessment cost. . Mr. Maurer explained how studies show that stop signs don't reduce speed in a neighborhood. He stated as this project moves forward, staff will meet with the Police Department to assess safety needs in the area. Staff will also meet with residents to discuss concerns such as drainage at the scheduled walk-through. Erica Williams, 19163 Xavier Street-Stated the sidewalks should not be placed on Xavier Street. Aubre Dockter 11160 191 st Avenue-Stated she would like sidewalks but would like them at the 4' size. Laura Hopkins, 11172-Stated she wasn't sure she liked sidewalks ending on her property and wanted them to continue further. Mayor Klinzing closed the public hearing. Councilmember Gumphrey questioned barrier versus surmountable curbs. Mr. Maurer stated snowplow drivers can navigate along barrier curbs easier as the curb will stop them and they won't plow up the grass. Councilmember Motin stated he favors the project. He stated he would like staff to look at the sidewalks and determine if there are areas where they can be moved closer to the street. He stated neighborhoods are safe with sidewalks, especially with young kids and inexperienced drivers. He stated he is in favor of sidewalks shown in Mr. Maurer's presentation as a black line. . Councilmember Farber concurred with Councilmember Motin. He stated he is not in favor of the cluster mailboxes. Councilmember Gumphrey concurred with Councilmembers Motin and Farber. He stated he would like staff to work with Mr. Runion on the approach to his property. He also would like having the sidewalk connect to 193rd Avenue. Mayor Klinzing concurred. Councilmember Zerwas concurred. He asked staff to look at the possibility of installing 4' sidewalks. He questioned if the sidewalk could be installed adjacent to the road. Mr. Maurer expressed concern with the 4' sidewalks. He stated there will not be a savings to property owners and they won't be happy with the sidewalks in the long term. Mr. Maurer stated snowplows would load the sidewalk with snow if the sidewalks were placed next to the road. Mayor Klinzing stated it would not look aesthetically pleasing to have the sidewalk and the road together. . . . . City Council :Minutes January 16, 2007 Page 7 A. Resolution Ordering Improvement & Preparation of Plans and Specifications MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-06 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE DEERFIELD 3RD ADDITION STREET jSTORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. B. A Resolution Approving the Plans and Specifications and Ordering the Advertisement for Bids MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-07 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATER OF THE DEERFIELD 3RD ADDITION STREET jSTORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. c. A Resolution Determining Assessed Cost of Improvement and Ordering Preparation of Proposed Assessment Roll MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBERMOTIN TO ADOPT RESOLUTION 07-08 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE DEERFIELD 3RD ADDITION STREET jSTORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. D. A Resolution Establishing the Date for the Assessment Hearing MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 07-09 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE DEERFIELD 3RD ADDITION STREET jSTORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007. MOTION CARRIED 5-0. 5.3. Request by Aggregate Commercial for Administrative Subdivision. Case No. P 07-02-Public Hearing Mr. Barnhart stated the applicant is requesting to consolidate four parcels into three outlots. He stated the subdivision preserves the commercial reserve intent of the district. 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 ZERWAS TO ADOPT RESOLUTION 07-10 GRANTING FINAL PLAT APPROVAL FOR AGGREGATE COMMERCIAL, CASE NO. AS 07-02. MOTION CARRIED 5-0. City Council Minutes January 16, 2007 Page 8 5.4. Request by John Weicht & Assoc. (Deano's/Precision Frame) for Conditional Use Permit for Expansion. Cise No. CU 06-31-Public Hearing . :Mr. Leeseberg reviewed the applicant's request for a conditional use permit for an additional 6,830 sq. ft. of building addition to two existing buildings. Councilmember Motin disclosed that the owners of Deano's are his clients. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Gumphrey questioned the type of fencing that will be used for the outdoor storage area. John Weicht; builder for applicant-Stated a chain link fence would be used with landscaping around it. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE . PERMIT, CASE NO. CU 06-31 WITH THE FOLLOWING CONDITIONS: 1. A VARIANCE SHALL NEED TO BE GRANTED FOR THE PROPOSED ADDITION 'B'. 2. THE BUILDINGS SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDINGS SHALL MEET ALL APPLICABLE FIRE CODES. 4. ALL OUTDOOR STORAGE SHALL BE CONFINED TO THE FENCED AREA. 5. ALL OUTDOOR STORAGE SHALL BE SCREENED THROUGH LANDSCAPING AND/OR BERMING TO BE APPROVED BY STAFF. . MOTION CARRIED 5-0. 5.5. Request by SuperAmerica for a Conditional Use Permit (Mississippi Ridge). Case No. CU 07-01-Public Hearing Ms. Cartney reviewed the applicant's request for a conditional use permit to construct a SuperAmerica(SA) with a detached car wash at 17210 Highway 10. She stated a driveway access is proposed on 1715t Avenue but the final plat states that no access is permitted. She stated the applicant would need to do a re-plat if the driveway access is allowed. Mayor Klinzing opened the public hearing. Barry Morgan, Project Civil Engineer-Stated he is available for any questions. Brent Richter, 17107 Yale Street-Stated he is President of the Mississippi Ridge Townhome Association. He stated the Association supports the request with modifications. He stated he supports the 1715t Avenue access. He suggested the city channel traffic to the right lane by angling the driveway in order for traffic to be made to use the Yale Court exit. He suggested signage be added. He stated concerns with traffic being directed exiting to Yale Court and how it would affect the residents. . . . . City Council Minutes ] anuary 16, 2007 Page 9 Tom Lucas, 17115 Yale Street-Stated he concurred with Mr. Richter. He expressed concerns with the access at 171 st Avenue being removed. He stated if it were removed he would have headlights in his backyard from the constant traffic. Lyn Bartell, 17131 Yale Street-Stated when NAPA was built, low berms and pine trees were supposed to be installed but never were because the former Planning Director stated the Police Department stated it wouldn't be safe for security reasons. She stated she received an email from the Police Chief that indicated he is not opposed to low berms as long as they don't completely block the view of the building. Paul Fleck, Senior Engineer with Marathon-Stated he understands both sides of the issues. He stated they are willing to work with staff on anglirig the driveway to address residents concerns. He stated SA will install underground tanks for E85 but they wouldn't be using E85 until there is an approved UL labeling dispenser. Steve Rohlf, 12821 188th Avenue-Stated he supports the project. Mayor Klinzing closed the public hearing. Mr. Maurer stated he recommended no driveway accesses be allowed on 171 st Avenue. He stated it is not a good idea to allow the driveway because of the potential to cut across traffic in order to make a left turn onto TH 10. He suggested screening near the pond across the street in order to block headlights from homes. Councilmember Farber stated he would like to see screening added but also expressed concern with eliminating the driveway access at 171 st Avenue. He stated it would help to keep traffic off the residential road and most drivers will most likely be turning right onto TH10. Councilmember Motin stated the access should be allowed on 171 st Avenue. He stated he would like a condition added that when a UL dispenser is approved, an E85 pump must be installed. He questioned how Holiday stations could sell E85. Mr. Fleck stated his company's concern is safety with the E85 UL dispenser not yet approved. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-01 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED DECEMBER 7,2006 SHALL BE ADDRESSED, WITH EXCEPTION TO NUMBERS 1 AND 2 OF THE MEMO. 2. ALL COMMENTS OF MN DEPARTMENT OF TRANSPORTATION DATED DECEMBER 14, 2006 SHALL BE ADDRESSED, WITH EXCEPTION OF THE REFERENCE TO REMOVE THE ACCESS FROM 171sT AVENUE. 3. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 4. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. City Council Minutes January 16, 2007 Page 10 5. THE DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED WITH THE SAME MATERIAL AS THE PRINCIPAL BUILDING. 6. THE MAXIMUM HEIGHT FOR A MONUMENT SIGN SHALL BE 10 FEET AND THE MAXIMUM SIGN AREA SHALL BE 100 SQUARE FEET. THE MONUMENT SIGN SHALL BE CONSTRUCTED OF BRICK OR FACE BRICK THE PROPOSED SIGN MEETS THIS STANDARD. 7. THE C-STORE AND THE CARWASH EACH ARE ALLOWED TWO WALL SIGNS NOT TO EXCEED SEVEN PERCENT (7%) OF THE BUILDING WALL. THE C-STORE'S WALL SIGNAGE IS COUNTED ON THE CANOPY. 8. ALL SITE LIGHTING SHALL BE WITH A CUT OFF CLASSIFICATION. 9. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE LANDSCAPING SHALL BE SUBMITTED AT THE TIME OF BUILDING PERMIT. 10. ALL DESIGN STANDARDS OF THE MISSISSIPPI RIDGE DEVELOPMENT STANDARDS SHALL BE MET. 11. THE CANOPY FASCIA SHALL NOT BE ILLUMINATED WITH THE . EXCEPTION OF THE PROPOSED BLUE "SUPER AMERICA" LETTERS. 12. THE APPLICANT SHALL AMEND THE PLAT TO ALLOW ACCESS ON 171ST AVENUE. 13. TEN PERCENT OF THE PUMPS SHALL BE E85 FUEL WHEN THE UL IS APPROVED. . MOTION CARRIED 5-0. . The Council took a 5 minute break at 10:00 p.m. 5.6. Request by United Health Group A. Resolution for Land Use Amendment for Highway Commercial to Light Industrial. Case No. LU 07-01-Public Hearing B. Ordinance for Zone Change from C3 to 11. Case No. ZC 07-02-Public Hearing C. Conditional Use Permit to Permit Outdoor Storage. Case No. CU 07-04-Public Hearing D. Resolution for Administrative Subdivision. Case No. AS 07-01-Public Hearing Mr. Barnhart reviewed the applicant's request for a land use amendment, zone change, administrative subdivision, and conditional use permit. Mayor Klinzing opened the public hearing for the requests by the applicant. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Mayor Klinzing stated this is a great project for Elk River. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-11 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM COMMUNITY COMMERCIAL TO LIGHT INDUSTRIAL, CASE NO. LU 07-01. MOTION CARRIED 5-0. . . . . City Council :Minutes January 16,2007 Page 11 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 07-02 AMENDING THE CITY OF ELK RIVER ZONIING MAP TO REZONE CERATAIN PROPERTY FROM HIGHWAY COMMERCIAL (C-3) TO BUSINESS PARK (BP). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-04 WITH THE FOLLOWING CONDITIONS: 1. ALL APPLICABLE BUILDING CODES SHALL BE MET. 2. ALL APPLICABLE FIRE CODES SHALL BE MET. 3. APPROV ALOF A COMPREHENSIVE PLAN AMENDMENT. CHANGING THE GUIDING LAND USE FROM HIGHWAY COMMERCIAL TO LIGHT INDUSTRIAL. 4. APPROVAL OF A REZONING APPLICATION FROM C-3 TO BP. 5. ALL COMMENTS OUTLINED IN CITY STAFF LETTER DATED DECEMBER 22ND , 2006 BE ADDRESSED. 6. ALL COMMENTS OUTLINED IN CITY ENGINEER LETTER DATED JANUARY 2,2007 BE ADDRESSED. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-12 GRANTING FINAL PLAT APPROVAL FOR ELK PATH BUSINESS PARK FOURTH ADDITION, CASE NO. AS 07-01. MOTION CARRIED 5-0. 5.7. Request by 7040 Lakeland Partners (Aldi. Inc.) A. Resolution to Approve Final Plat of Elk Ridge Center 4th Addition. Case No. P 06-17 B. Conditional Use Permit for Elk Ridge Center Phase 4. Case No. CU 06-27-Public Hearing Mr. Leeseberg stated the applicant is requesting to continue this item to the February 13, 2007 Planning Commission meeting and_the February 20, 2007 City Council meeting. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to February 20,2007. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO CONTINUE THE PUBLIC HEARING TO THE FEBRUARY 20, 2007 CITY COUNCIL MEETING. MOTION CARRIED 5- O. Councilmember Motin requested staff to contact Aldi representatives and let them know the Council would prefer they move to a different location in the city. He expressed concern City Council Minutes January 16,2007 Page 12 that the developer may not be informing AIdi's of the city's concerns regarding the current location. . The Council concurred. Ms. Johnson stated that if three or more Councilmembers are planning to attend the Planning Commission Workshop scheduled in February 23, then a special meeting notice needs to be called. The Council stated there would not be three members at the meeting. 6.1. Liberty Heights Estates: Review Potential Park Plan Mr. Maertz reviewed options for park land locations in the Liberty Heights Estates plat. Councilmember Zerwas stated he is concerned about having park land that is not going to be developed by the city. . Councilmember Farber concurred. Mr. Maertz stated the Parks Department has been more aggressive in the past few years at park development as neighborhoods develop. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY MAYOR KLINZING TO ACCEPT THE PARK IN THE SOUTHEAST CORNER OF THE PLAT WITH THE CONDITION THAT IT BE DEVELOPED CONCURRENLY WITH THE NEIGHBORHOOD. MOTION CARRIED 5-0. . 6.2. 2007 Parks Dedication Budget Mr. Maertz stated two parcels of land are available for purchase for park acquisitions. He stated that due to limited funds in the 2007 budget he would recommend purchasing the 18 acre Malmstrom property located on CR 77 east of Woodland Trails Park. He suggested the city consider the 7.8 acre golf course property in six months when staff will have a better handle on the parks dedication budget. Councilmember Gumphrey questioned how these acquisitions would affect future park development plans. Mr. Maertz stated the city always has to balance acquisitions against park development. Councilmember Zerwas stated the Malmstrom property is a unique site the city should purchase. Councilmember Farber stated he would like to purchase the Malmstrom site but he doesn't want to see the city lose the opportunity to purchase the golf course site. Councilmember Gumphrey suggested the Council reconsider the golf course site in 4-5 months. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE CITY PURSUING THE . . . . City Council Minutes January 16, 2007 Page 13 PURCHASE OF THE MALMSTOM PROPERTY WITH INSTALLMENT PAYMENTS MADE OVER THREE YEARS. MOTION CARRIED 5-0. 6.3. Consider Contract for Prosecuting Attorney Services Ms. Johnson reviewed a proposed agreement for prosecuting attorney services, including Item 9.D., which Councilmember Motin requested be added to the contract. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF ELK RIVER AND WILLIAM G. HAWKINS AND ASSOCIATES. MOTION CARRIED 5-0. 6.4. Consider Severance Package for City Prosecuting Attorney MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE SEVERANCE PAY FOR CHRIS JOHNSON THROUGH MARCH 31, 2007, AND TO CONTINUE HIS INSURANCE BENEFITS THROUGH JUNE 30, 2007 PER THE STAFF REPORT RECOMMENDATIONS. MOTION CARRIED 5-0. 6.5. Consider Contract for LELS 231 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE MASTER LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER AND LAW ENFORCEMENT LABOR SERVICES LOCAL 231 FOR THE PERIOD OF JANUARY 1,2007, THROUGH DECEMBER 31,2008. MOTION CARRIED 5-0. 6.6. Discuss Council Worksession Agendas Ms. Johnson stated two Councilmembers will not be able to attend the February 12 worksession meeting and questioned Council if they would be interested in moving the worksession topics to the February 5 Council meeting. It was the consensus of the Council to have the worksession on February 5 after the regular meeting and to wait on deciding whether to cancel the February Council meeting in case something comes up that needs to be discussed. 6.7. Discuss Board & Commission Process for Filling Vacancies Ms. Allard discussed an option for interviewing for board/commission vacancies that would make the process more comfortable for applicants. Councilmember Farber stated he liked the idea of having the interviews at a worksession so they are not on cable. He stated he has no issue voting for applicants at the same meeting. Councilmember Motin stated the vote should be on the same night so applicants won't campaign for the positions. He stated board/commission members will be on TV and in the public eye so he sees no reason why they need to be removed from cable. City Council Minutes January 16, 2007 Page 14 CounciJmember Gumphrey stated he would like to see them removed from cable and he has no issues with voting for applicants on the samenigbt. e MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO INTERVIEW BOARD/COMMISSION APPLICANTS AT COUNCIL WORKSESSION MEETINGS WHEN FEASIBLE AND VOTE ON FILLING THE POSITION THE SAME NIGHT. MOTION CARRIED 5-0. 7. Other Business The CR 33 item added to the agenda was removed due to the lateness of the evening. Councilmember Farber stated he would like to see a Council representative on the Downtown Task Force. Councilmember Zerwas volunteered and the Council concurred. 8. Council Updates There were no Council Updates. 9. Staff Updates Ms. Johnson stated Sportech would like to close Orono Road in order to make snow for an event to be held January 27 and 28 at the fairgrounds. It was Council consensus that this would be okay. e Ms. Johnson stated interviews for architects for the YMCA project will be next week. CounciJmember Gumphrey asked to be on the interview committee. Ms. Johnson stated GRE will be bringing forth a proposal on their peaking plant. Mr. Maurer asked the Council if they were interested in doing the annual tour with Mn/DOT in the spring. He will invite legislators. The Council agreed. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River ~ity?ePp.m Tina Allard City Clerk e