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3.1. SR 05-21-2007 [Q) [Ri~[f'u MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 7,2007 Members Present: Mayor Klinzing, Councilmembers Zerwas, Farber, and Motin Members Absent: CouncilmemberGumphrey Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, City Engineer Terry Maurer, City Attorney Peter Beck, and City Clerk Tina Allard 1. Call Meetinf 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 02/05/2007 Afenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES . 04/09/07 WORKSESSION . 04/16/07 REGULAR . 04/18/07 BOARD OF APPEAL 3.2. CHECK REGISTER 3.3. SPECIAL MEETING WITH THE ELK RIVER SCHOOL BOARD FOR MONDAY, MAY 14,2007,6:00 P.M., AT ELK RIVER CITY HALL; QUORUM OF THE COUNCIL AND EDA FOR A TARGET DATA CENTER TOUR, MONDAY, MAY 21, 2007, 4:30 P.M., 14100 BUSINESS CENTER DRIVE. NO CITY BUSINESS WILL BE CONDUCTED OR DISCUSSED. 3.4.A. GENERAL PLANNING PERMIT FOR TEMPORARY FIREWORKS LICENSE IN A30'X50' TENT IN THE WAL-MART PARKING LOT WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. ALL APPLICABLE FIRE CODES SHALL BE MET. 3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. City Council Minute, May 7, 2007 Page 2 4. THE SALES TENT BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 5. THE LOCATION OF THE TENT IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 6. THE TENT AREA BE REMOVED BY JULY 11, 2007 AND THE SITE RETURNED TO ITS PREVIOUS CONDITION. 3.4.B. TEMPORARY SALES/STORAGE OF FIREWORKS LICENSE TO RANDY HERRMAN, TNT FIREWORKS TO ALLOW FIRWORKS SALES FROM WAL-MART JUNE 22-JULY 4, 2007. 3.5. GENERAL PLANNING PERMIT FOR TEMPORARY TENT SALES IN THE FURNITURE AND THINGS PARKING LOT ON THE PLANS DATED APRIL 16, 2007, WITH THE FOLLOWING CONDITIONS: 1. THE TENT AND THE AREA AROUND THE TENT SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 2. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 4. THE LOCATION OF THE TENT IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 5. THE TENT SHALL BE REMOVED BY SEPTEMBER 7, 2007 AND THE SITE RETURNED TO ITS PREVIOUS CONDITION. 3.6. COMMERCIAL KENNEL LICENSE TO THOMAS LANE, DBA/THISTLE ROCK RANCH AND KENNEL, 11076 20STH AVENUE WITH THE FOLLOWING CONDITION: 1. A CONDITIONAL USE PERMIT IS REQUIRED IF MORE THAN 12 DOGS WILL BE ON THE SITE AT ANY ONE TIME. 3.7.A. TRANSIENT MERCHANT LICENSE TO MICHAEL STICE AND REGAN NORDGREN OF PINNACLE SECURITY TO SOLICIT BUSINESS DOOR-TO-DOOR. 3.7.B. TRANSIENT MERCHANT LICENSE TO JANET MCCARTY, MOCHAS TO GO, INC. TO SELL COFFEE SERVICES THROUGOUT THE CITY. 3.8. ONE YEAR EXTENSION ON THE RECORDING OF THE CARVERWOOD HILLS PLAT. 3.9. CERTIFICATE OF CORRECTION FOR RENNER 2ND ADDITION. 3.10. MAY 11, 2007 PROCLAIMED POPPY DAY. 3.11. RACHEL LEONARD AS REPRESENATIVE AND ARNE ENGSTROM AS ALTERNATE REPRESENTATIVE FOR SHERBURNE COUNTY ON ENERGY CITY COMMISSION. MOTION CARRIED 4-0. 4. Open Mike Ron Touchette, 22400 Meadowvale Road-Thanked the Council for their work on the YMCA project. Mayor Klinzing thanked Mr. Touchette for his work on the project. City COW1cil Minutes May 7, 2007 Page 3 Paul Stariha, 19419 Auburn Street-Thanked everyone for efforts to bring the YMCA to Elk River. 5.1. Resolution Awardin~ the Sale of the Cil;y's $300 500 General Obligation Equipment Certificate- Series 20mB: Fixing its Form and Specifications: Directinr; its Execution and DeliveJ;y: and Providin~ for its Payment Mr. Simon stated the budget includes $300,500 for police/ fire equipment to be fmanced through equipment certificates. He noted the bonds will not be bank qualified and will be taxable to the bank so they will have a higher interest rate. Mr. Simon stated this is due to the city anticipating issuing more than $10,000,000 in 2007. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-48 AWARDING THE SALE OF A $300,500 GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 2007B; FIXING ITS FORM AND SPECIFICATINS; DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING FOR ITS PAYMENT. MOTION CARRIED 4-0. The Council recessed at 6:40 p.m. in order to adjourn to worksession. 6. WORKSESSION 6.1. Mn/DOT Presentation to THI69 Concepts SRF Consultants provided a review of the TH 169 preliminary design. The following items were highlighted in a PowerPoint presentation: . Project tirneline . Safety issues . Goals/ objectives . Existing conditions . Stakeholders . Local! regional studies . Population growth . Costs . Traffic volumes The consultants completed a further review of concepts for intersections and frontage road designs from 237'" (CR 74) Avenue/239'" Avenue to TH 169/THlO/Highway 101. Impacts to properties were discussed for each of these concepts. It was noted that storm and pond drainage areas have not yet been identified. Items that were noted during the presentation: Tackson/193ni/197~ Avenue Property owners in the NE quadrant ofTH 169 would like to have their properties bought out. The question was raised if the design could be fit into these parcels without having to take other parcels. SdJool Street/Elk Hi/If Drive SRF Consultant Dave Montebello stated 193n1 corridor and Elk Hills Drive extend to CSAH 13 (Twin Lakes Road) and were very important local links. He noted that Elk Hills Drive was important to vehicles wanting to continue west across TH 169 utilizing School Street. City Council Minutes May 7, 2007 Page 4 Main S tree! and Schoo! Street Councilmember Farber questioned if the same design (concept BC2) could be utilized in the opposite way it is presented on the map. (Using the NW and SE quadrants adjacent to THI69). It was noted by a SRF consultant that there is a federal law requiring minimum impacts to parks. The Council was of the consensus that the location and size of the park was not conducive to being a quality park property near the highway and were agreeable to the possibility that it could be utilized for TH 169 if needed. The consultant suggested reviewing the status of the park in the city's Comprehensive and Park Plans. Mr. Beck stated the city should review how it received the park to make sure there are no dedication requirements. Ms. Johnson thought the park may have been acquired through a tax-forfeiture. The Council was of the consensus they preferred the BC3 concept presented for the Main Street intersection due to the reduced impact to businesses. Mr. Montebello noted that there will be an open house on May 17, 2007 for public comment. He stated the final design and environmental documentation will be submitted for approval by the municipalities in the summer of 2008. Councilmember Farber noted that the city put out quite a bit of money for this study and he doesn't want to wait 50 years in order to complete the project. It was noted by Mn/DOT that there is not guarantee on when this project could be completed. Mn/DOT (District 3) currently has $500 million in projects waiting to be completed. Craig Robinson of Mn/DOT also noted that some local participation would be required for utilities and frontage roads. It was further noted that a project is more likely to get funding if all the studies for it have been completed. The Council took a ten minute break at 8:30 p.m. 6.2. Sherburne Coun\)' Transportation Plan Update Sherburne County Public Works Director] ohn Mentor provided an update of the county's draft transportation plan. He reviewed traffic congestion and the short/long range needs in Elk River. He stated there is a $384.8 million funding gap for road improvements. Mr. Mentor reviewed the proposed alignment for CSAH 33 from TH 169 to County Road 22 in Anoka County. He stated the original alignment may change depending upon Anoka County's transportation plan and their wilIingness to have County Road 34/82 cut down to County Road 22. He stated they may be wilIing to complete this alignment because they would like Mn/DOT to take over County Road 22. City Council Minutes May 7, 2007 Page 5 It was noted the new alignment concept would work better for Elk River by saving on wetlands and providing a straighter connection. 6.3. Resolution Approving Lease Agreement Between the Economic Development Authority of the City of Elk River and the Young Men's Christian Association of Metropolitan Minneapolis and the Ground Lease Between the City of Elk River and the Economic Development Authority of the City of Elk River Ms. Johnson reviewed the lease terms between the YMCA and the EDA as outlined in her staff report. She discussed the Sherburne County Legacy Grant and the compromise reached in the lease agreement for the grant. She stated one-third of the funds would go to the YMCA's rent payment and two-thirds would reduce the property tax levy for the city's share of the debt. She noted the grant has not been approved by the county yet. Ms. Johnson stated the city won't be getting the full $2 million available in the grant fund because the grant is based on materials and not total project cost as we originally understood. She stated the city would receive about $1.2-1.4 million and this would be a one-time shot at the funds. Sherburne County Commissioner Arne Engstrom stated the county board believed the full $2 million would go to the city. He didn't realize the $2 million could only be utilized as a one proj ect deal. Mayor Klinzing stated the city didn't apply for this grant for the library construction project because it couldn't meet the requirements necessary to get the full $2 million grant funds. Ms. Johnson read a letter submitted by Councilmember Gumphrey who couldn't attend the meeting tonight. Councilmember Gumphrey stated the full amount of the grant funds should be retained by the city. Councilmember Farber stated the city donated land and bonded $8 million for this project and the county grant was not a guarantee. He stated it was intended to help buy down the cost to the citizens paying on the bond. He stated it was never his understanding that the YMCA would get some of this money. Councilmember Zerwas concurred. Tom LaSalle, YMCA Representative -Stated this item was negotiated as part of the Memorandum of Understanding (MOU). He stated the city wanted to enlarge the gym to 8,000 sq. ft. and it was contemplated in the MOU to use some of the grant funds for the full size gym. He stated the YMCA has backed off from the position that it should be reimbursed for any excess over the $12 million agreed upon and to work out a split for the grant funds. Mayor Klinzing questioned why the YMCA agreed to continue with the city's requests if they knew the costs would be over $12 million. Councilmember Morin stated the city has made known that anything over the $12 million would by the responsibility of the YMCA. City Council Minutes May 7, 2007 Page 6 Councilmember Motin stated he has no issues with splitting the grant one-third to two- thirds. Councilmember Farber suggested delaying any action on this item until next week as it looks to be a tie vote on the issue. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO CONTINUE THIS ITEM TO MAY 14, 2007. Councilmember Motin asked that the motion be pulled in order to discuss other issues. The maker and seconder of the motion were amendable to withdraw the motion. Councilmember Motin stated the YMCA has an option to back out of this agreement at anytime and he questioned if the city had this option. He stated concerns with not having control over the project and not seeing any of the designs yet. Mr. Beck stated the EDA would be committed to the project. He stated the YMCA has all the risk and this is why they can back out of it. He stated the city's interest is fixed. Mr. Beck stated the city does have control over the design, bidding, and zoning process. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO CONTINUE THIS ITEM TO THE MAY 14, 2007 COUNCIL MEETING. MOTION CARRIED 4-0. Mr. Beck stated the YMCA agreement could still move forward next week at the EDA meeting. He stated they could discuss all the aspects of the lease agreement and skip the grant section until Council has agreed upon it. It was the consensus of the Council to keep the YMCA project moving forward. 6.4. Discuss Council Worksession Agendas Ms. Johnson reviewed worksession agendas for May and June. Ms. Johnson questioned if the Council had an interest in meeting with any other commissions due to many new member appointments or if they would prefer to wait until the fall. She stated budget discussion would be starting in June. Councilmember Motin stated he would like to meet as early as possible with the commission members, especially the Parks and Recreation and the Planning Commission. The Council concurred. Councilmember Farber would like the ftre chief to contact him regarding sprinkling systems in new commercial buildings. 7. Other Business There was no other business. City Council .:Minutes May 7, 2007 Page 7 8. Council Updates There were no Council updates. 9. Staff Updates There were no staff updates. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:50 p.m. Tina Allard City Clerk [))~~[Fu SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, MAY 14,2007 I'vfembers Present: Mayor Klinzing, Councihnembers Farber, Gumphrey, Motin, and Zerwas Members Absent: None Staff Present City Administrator Lori Johnson, Parks and Recreation Director Bill Maertz, and Recording Secretary Jessica J\1iller Also Present: Steve Bubul, Kennedy and Graven 1. Call Meetin~ To Order Pursuant to due call and notice thereof, the meeting of the Elle River City Council was called to order at 5:00 p.m. by Mayor Klinzing. 2. Consider Resolution Approving Lease Agteement Between the Economic Development Authori1;y of the Ci1;y ofElle River and the Y oun~ Men's Christian Association of Metropolitan J\1inneapolis and the Ground Lease Between the Ci1;y of Elle River and the Economic Development Authority of the City of Elk River City Administrator Lori Johnson indicated that this item was continued from the last meeting so Councihnember Gumphrey could be present for discussion. Ms. Johnson explained that based on the Council's discussion last week, alternate language was drafted that provides for all of the grant proceeds to go to the city to reduce the tax levy. Ms. Johnson noted that in speaking with County Administrator Brian Bensen, Sherburne County's intent on developing the grant program was to reduce city and townships' costs for public facilities and by passing proceeds on to the YMCA, the city is not fully meeting the intent of the grant program. Mayor Klinzing asked the YMCA members if they would like a chancc to speak. Harold Mezile, President and CEO of the Metropolitan Minneapolis YMCA - thanked the Council for helping to bring a YMCA to Elk River. Casey Scott, Vice President of Finance YMCA - indicated that he has no additional concerns than (he ones expressed last week. He stated that the alternate language presented is not consistent with the Memorandum of Understanding that was approved. Councilmember Gumphrey explained that he believes the residents of the City of Elk River and of Sherburne County deserve 100% of the grant proceeds to be used to pay the tax levy down. Mayor Klinzing and Councihnembers Zerwas and Farber concurred that if the grant is awarded, the entire 100% of the proceeds should be allocated to the city to help reduce the tax burden of the YMCA to Elk River residents. Councihnember Motin disagreed. He stated that he believes the Council should stand by te MemorandulTI of Understanding. City COlUlcil Jv1inutes May 14, 2007 - Special Meeting Page 2 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-49 APPROVING LEASE AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN MINNEAPOLIS AND THE GROUND LEASE BETWEEN THE CITY OF ELK RIVER AND THE ECONOMIC DEVELOPMENT AUTHORITY, MOTION CARRIED 4-1. Councilmember Motin opposed. 3. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 5:20 p.m. Minutes prepated by Jessica Miller. Tina Allard City Clerk fQ) [R{ffi\~u JOINT MEETING OF THE ELK RIVER CITY COUNCIL AND THE ELK RIVER AREA SCHOOL BOARD HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, MAY 14,2007 Members Present: Mayor Klinzing, Councilmembers Farber, Gumphrey, Motin, :md Zerwas Members Absent: None School Board Present: Sue Farber, J alene Jorgensen, Laurie Kerr, John Kuester, Todd Schaeffer, Paulie Skaja-Bell,Jim Tralle, Director of Education Services Jana Hennen- Burr, Director of Business Services Tom Walerius, and Superintendent Mark Bezek School Board Absent: None Staff Present City Administrator Lori Johnson, Finance Director Tim Simon, Police ChiefJeffBeahen, Street Superintendent Phil Hals, Community Development Director Scott Clark, and Recording Secretary Jessica Miller 1. Call Meeting- To Order Pursu:mt to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Joint Meeting: 2.1. Future School District Building: and Bond Referendum Plans Superintendent Dr. Mark Bezek indicated that the district held public meetings to help determine what the scope of the bond should be. Dr. Bezek outlined the district's needs for the bond. Mayor Klinzing stated that the way the city's current Comprehensive Plan is written, Elk River's peak population will be approximately 35,000. She indicated that the city is trying to be as responsible as they can with development as they realize that pressure is placed upon the district every time a new development is approved. Dr. Bezek explained that the only extra space in the district is in Elk River elementary schools and the middle schools. He stated that the district is growing at a rate of over 500 children a year and it takes at least three years for a new school to be up :md running. Chair Kerr indicated that the building nearest capacity is Elk River High School. She questioned how large the Council would like to see the High School. Mayor Klinzing indicated that she would like to see the High School large enough to house all of the students within the Elk River city limits. 2.2. I uvenile Liaison ProEram Funding: City Administrator Lori Johnson reviewed the current liaison program and the school's funding of $25,000 per officer. She stated that the Police Department will be requesting an additional liaison officer next year to accommodate the growing need for liaison services. City Council/School Board Minutes May 14, 2007 Page 2 Police Chief Jeffrey Beahen reviewed the statistics he compiled for the current liaison officers. He explained that currently, two officers cover two middle schools and the high school for a total of 6,700 kids. Councilmernber Farber indicated that he is currently assigned as a school liaison officer in a middle school for the Anoka-Hennepin district and that his workload is such that he would not be able to cover two schools. He noted that the Anoka-Hennepin district has one school liaison officer assigned to each middle school and high school. Director Farber questioned if an additional liaison officer is hired, would there be one officer assigned to each of the middle and high schools in Elk River. She also questioned how the liaison officers are currently funded. Chief Beaben indicated yes, this would allow one liaison officer per middle school and high school in Elk River. He stated that the current liaison officers are paid in part by the school district through a levy and the majority of the cost is paid by the city. It was questioned if funding for an additional liaison officer is available through the district levy. Dr. Bezek indicated he would check. Councilmernber Gumphrey questioned if the third liaison officer would be a new hire or a reassignment. Chief Beaben indicated that there is some flexibility within the department to reassign a patrol officer to liaison duty, but then he would look to replace the patrol officer in the future. 2.3. School Administration Building Dr. Bezek stated that during discussions on the district's needs for a larger district office, the issue of the current administration building being located on prime parking land was discussed. Dr. Bezek questioned if the city would have a future interest in the building for parking. It was discussed that when the property that the district office is on was donated by the Babcock family, a condition was included that the property remain for public use. It was questioned if the condition is on the land or the building and whether or not parking would satisfy this condition. Discussion took place original property the district office is located onbeing donated by the Babcock family and the condition that it remains for public use. Clarification is needed on whether this condition was placed on the land or the building and whether or not parking would meet the intent of the condition. 2.4. Boundary Lines for New Schools Councilmember Motin explained that this item was placed on the agenda prior to the final decision on the boundary lines there .is no longer a need for discussion. Director Farber indicated that many lessons were learned from the boundary line decisions. She stated that in the future, boundary lines will be discussed prior to building a new school so students and parents are given advanced notice of proposed boundary changes. Director Jorgensen stated that the School Board is commitred to having community schools. City Council/School Board Minutes May 14, 2007 Page 3 Dr. Bezek noted that with the growth Elk River and the surrounding communities are experiencing, boundary line adjustments can be expected approximately every three years. 2.5. RiEhtTum Lane on Southbound lackson at School Street Ms. Johnson indicated that the city is considering improving Jackson Avenue to add a right turn lane from southbound Jackson onto westbound School Street and signal improvements to provide left turn arrows on all four legs of the intersection. She stated that the anticipated cost for this improvement is $297,000. She stated that no additional land is needed from the school, but a control box needs to be relocated on school property and the city would be requesting an easement from the school. She noted that the timing of this project has not yet been determined because the City Council has not yet prioritized upcoming street projects. 2.6. Consider Future Taint Communications Position Dr. Bezek explained that one thing that the school continues to hear is that residents of the school district desire more communication. He stated that the district has no one specifically in charge of communications so they may need to look at hiring someone. Dr. Bezek questioned if the city would be interested in sharing a position. Ms. Johnson indicated that the city currently handles this with other staff so does not currently have an immediate need but that job-sharing a communication position could be explored in the future. Mayor Klinzing expressed interest in having a meeting with all of the jurisdictions within the school district to discuss development plans and other items of mutual interest. She stated that this has been done before and that she believes this would be helpful and informative for all involved. The Council and the School Board concurred. Mayor Klinzing noted that George Zabee passed away this morning and expressed sympathy for the fanuTy. 3. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 6:55 p.m. Minutes prepared by Jessica Miller. Tina Allard City Clerk