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03-11-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH II, 2002 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Mot/n, and Tveite None City Administrator Pat ICdaers, Director of Planning Michele McPherson, City Engineer Terry Maurer, City Attorney Peter Beck, Assistant Police Chief Jeff Beahen, Finance Director Lori Johnson, Utilities General Manager Bryan Adams, and City Clerk Sandra Peine 5.1. 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 KlJnzing. Consider 3/11/2002 Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER K-UESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 2/25/2002 CITY COUNCIL MINUTES CHECK REGISTER CERTIFICATE OF CORRECTION FOR TROTT BROOK 5TM ADDITION CALL SPECIAL MEETING FOR MAY 6, 2002, AT 6 P.M. FOR ANNUAL JOINT MEETING WITH SHERBURNE COUNTY BOARD OF COMMISSIONERS COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one appeared for open mike. Proclamation - Lauren Sivula Day Mayor Klinzing read a proclamation for Lauren Sivula who has been named as one of Minnesota's top student volunteers in the Seventh Annual Prudential Spirit of Community City Council Minutes Page 2 March 11, 2002 Award. Mayor Kdinzing awarded the proclamation to Lauren Sivula proclaiming March 11, 2002, as Lauren Sixrula Day. 5.2. Presentation of Life Saving Award to Andy Fjerstad Assistant Police Chief Beahen explained that Andy Fjerstad, a 16 year old, administered the Hem[ich maneuver to Chad Ploeger, while working at Applebees, thereby saving the victim's hfe. Andy Fjerstad was awarded a medal and a commendation for his quick, lifesaving action on February 8, 2002. 5.3. Consider Resolution Initiating Process for Consideration of Development Project ~ublic Safety. Building) Finance Director Lori Johnson indicated that plans are proceeding for the construction of a public safety facility and the relocation of Elk River Municipal Utilities to City Hall. She noted that the City has proposed financing the buildings with lease revenue bonds issued by the Economic Development Authority. Lori explained the steps and official action items required for the financing process. She indicated that the EDA has adopted a resolution initiating the process for consideration of the development project and setting its public hearing for April 8, 2002. She requested the Council to adopt a similar resolution to initiate the process and to set its public hearing date for April 8, 2002. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-14 INITIATING PROCESS FOR CONSIDERATION OF DEVELOPMENT PROJECT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Tobacco Policy Update The City Administrator discussed the issue of making all city vehicles tobacco free. He reviewed the existing policy, which indicates that all City facilities are smoke and tobacco free. He noted that the policy also calls for vehicles to be tobacco free, however if all employees who use or occupy one vehicle agree, then the vehicle can be designated as a smoking vehicle. Following discussion of the issue it was the consensus of the Council to have a completely smoke-free policy. COUNCILMEMBER DIETZ MOVED TO STRIKE THE FOLLOWING SENTENCES UNDER THE SMOKE AND TOBACCO FREE POLICY OF THE PERSONNEL POLICY. "IF A VEHICLE IS ASSIGNED EXCLUSIVELY TO ONE EMPLOYEE, THE VEHICLE MAY BE DESIGNATED AS A SMOKING/TOBACCO VEHICLE ONLY IF ALL EMPLOYEES WHO MAY BE REQUIRED TO USE OR OCCUPY THE VEHICLE AGREE. IN THE EVENT THAT NON-SMOKERS CANNOT BE ACCOMMODATED, THE VEHICLE WILL BE DESIGNATED AS NON-SMOKING." COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Nfinutes March 11, 2002 5.5. City, Recreation Update Page 3 Recreation Manager Michele Bergh updated the Council on recent recreation activities. Michele noted that they have officially moved to the new Lion's Park facility and that the YMCA will be using the Emporium this summer. 5.6. Public Safety. Facility. and City, Hall Project Update The City Administrator updated the Council on the Public Safety Facility/City Hall project. He discussed the issues relating to a geothermal heating/cooling system versus a conventional system. The City Administrator also discussed the issues relating to the basement elevation. He indicated that the conditional use permit for the building is scheduled to be before the Planning Commission in March and before the Council in April. The City Administrator reviewed the construction schedule. Mayor Klinzing questioned what would be done to inform the public. Pat KSaers noted that information on the project has been included in the city newsletter, the Star News, cable TV, and will be discussed at the next Chamber business meeting. Mayor Klinzing suggested an information source, such as the newsletter, that would inform cidzens of the details of the construction plans. 6.1. Request by Mike Jones for Variance, Case No. V01-08 Director of Planning Michele McPherson indicated that Mike Jones is requesting a variance to allow a slope greater than 3 feet horizontal to 1 foot verdcal (3:1) to exist without a retaining wall. The location of the request is 11740 200th Avenue NW. Michele reviewed the staff report on this issue. She noted that staff and the City engineer observed the site and determined that the slope is greater than 3:1. Staff also determined that based on the extreme gravel content of the soil, an erosion control blanket and seeding would not provide adequate slope stabilization for the site. Michele referred to the memo from the City Attorney, which states that it is possible for the Council to grant the variance with conditions. She indicated that the City Attorney has prepared a resolution, which outlines conditions that should be met if the variance is granted. She indicated that the resolution would be recorded against the property with the variance action. The Director of Planning indicated that the Board of Adjustments voted unanimously to recommend denial of the request, as the five conditions to grant a variance were not met by the applicant. Michele stated that staff also recommends that Council deny the request. Mike Jones, 11740 200th Avenue - stated that he did not agree with the timeline in the resolution as he felt it would pose a problem if the property were to be sold. Mr. Jones indicated a concern with #2 of the resolution relating to the city determining when the vegetation has been successfully established. The City Attorney recommended that the City have the f'mal say. Councilmember Motin suggested that the resolution include a five-year time limit on the resolution. He also suggested that the resolution indicate that the City "may" periodically inspect the property instead of "shall" periodically inspect the property. City Council Minutes Page 4 March 11, 2002 Mayor IClinzing indicated that retaining wails are required to help the situation. She further stated that five years is not enough time for the city to keep an eye on the situation. Councilmember Tveite concurred with Councilmember Motin regarding imposing a five- year time limit on the resolution. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 02-15 APPROVING VARIANCE AND IMPOSING CONDITIONS WITH THE CHANGES ADDRESSED BY THE COUNCIL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 3-2. COUNCILMEMBER DIETZ AND MAYOR KLINZING VOTED AGAINST THE MOTION. 6.2. Consider Plan Update - Hoisington Koegler Group. Inc. Director of Planning Michele McPherson indicated that Hoisington Koegler Group, Inc. has prepared a scope of work for Council consideration. She indicated that the proposal submitted by Hoisington Koegler details a work program of seven individual tasks, which will result in an updated Comprehensive Plan that integrates all components of the community. She noted that the costs have been broken down by task with a total cost of $87,340 for the work plan. Planning Commission and Staff recommend that the City Council accept the proposal. Michele introduced Rusty Fifield of Hoisington Koegler. Councilmember Kuester stated that the approach is different than last time and this proposal is good and looks at the overall vision of the city. Mayor Klinzing concurred and indicated that the vision setting will provide for a better final product than in the past. Mayor Klinzing indicated she would rather see the plan completed in 12 months rather than 15 months. Councilmember Tveite indicated that the project cost was higher than he anticipated. He indicated that he would prefer to see this as a competitive quote. Pat Klaers indicated that without significantly altering the work plan he is not sure we would get a much lower quote from another fkm. The City Administrator also noted that staff supported the Hoisington Koegler fu:m in part because of Rusty's past involvement with the city and his experience in the public participation process. Michele McPherson indicated that going out for RFP's would delay the project. She talked about the necessity of moving forward on the project before summer starts. Councilmember Motin indicated that because the City has worked with Rusty in the past there would be an intangible benefit; as he is familiar with the city. Councilmember Motin indicated that he is comfortable with the proposal from Hoisington Koegler. He noted that Rusty Fifield has a history of a good working relationship with the City. COUNCILMEMBER MOTIN MOVED TO APPROVE THE PROPOSAL BY HOISINGTON KOEGLER OF $87,340, WITH 60,000 BEING PAID FROM THE HOLT AND JACKSON TRANSACTION AND $27,340 FROM THE 2002 CONTINGENCY BUDGET. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 3-2. COUNCILMEMBERS DIETZ AND TVEITE VOTED AGAINST THE MOTION. Michele indicated that the Planning Commission has recommended the use of a Task Force to lead the Comprehensive Plan project. Michele proposed a potential task force composition of a City Council member, Planning Commission member, Park and City Council Minutes Page 5 March 11, 2002 Recreation Commission member, Heritage Preservation Commission member, Economic Development Authority member, Housing and Redevelopment Authority member, chamber of Commerce Member, River's Edge Downtown Business Association member, a local developer, and two residents. The Council concurred with the proposal made by staff for the task force composition. 6.3. Request by Dynamics Land & Design for Final Plat Approval ~ark Pointe), Case No. P01-13 Michele McPherson indicated that Dynamic's Design and Land Company have made a request for final plat approval of Park Point located at the NW corner of 175th Avenue and Filmore Street. Michele revie~ved the staff report on this issue. She noted that the plat is comprised of 95 lots and 8 ouflots on 64.13 developable acres. Councilmember Motin indicated that he has been involved in this matter as one of the property owners is his client. He indicated that he does not perceive this to be a conflict of interest. He indicated he will discuss the issue but will not vote on the issue. Terry Maurer indicated that the developers have agreed to pay for sanitary sewer but do not want to pay for the water main. City Engineer Terry Maurer reviewed the issue of the extension of utilities along 175th Avenue and trunk assessments to the Park Pointe Development. Discussion was held regarding the issue of whether the developer is responsible for the payment of the water trunk line, and whether or not the water l/ne is actually a trunk [me. Terry Maurer reviewed the three options proposed in his memo to the Mayor and City Council dated March 7, 2002. Bryan Adams, Utilities Superintendent stated that if the water tower had been placed at another location, the developer would have had to pay for a booster station and the extension of a water main. He indicated that he feels the water main should be constructed as soon as possible. Jim Brown - Dynamic's Design and Land Company - stated that the developer has agreed to pay for the sanitary sewer Line but did not feel they should be responsible for the trunk line, as they would be paying an area-wide trunk assessment for the water. Terry Maurer indicated that the reason this is an issue is because the developer is requesting to develop before the City can assess the project in 2007. It was the consensus of the Council that the developer does not have to pay for the trunk water line. It was also the consensus that a decision regarding the trunk water [me as to where and when it would go in and who will pay for it would be discussed at a later date. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 02-16 GRANTING FINAL PLAT APPROVAL FOR PARK POINT - CASE NO. P-01- 23WITH THE FOLLOWING AMENDMENTS: 1. THE DELETION OF THE WORD WATER IN ITEM #20. WITH THE ADDITION OF #21 - "THE ENTIRE PLAT SHALL BE ASSESSED TRUNK WATER AND SEWER COSTS." City Council Minutes Page 6 March 11, 2002 COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNClLMEMBER MOTIN ABSTAINED. 6.4. Consider Revised Resolution Authorizing Eminent Domain and Acquisition of Real Proper .ty in Accordance with Minn. Stat 117.042 in Relation to the 175th Street Improvement of 2002 City Engineer Terry Maurer indicated that staff has retained Howard Roston of Malkerson Gilliland Martin LLP to handle the eminent domain issues on 175th Avenue. He indicated that Mr. Roston has requested the Council to readopt the eminent domain resolution w/th some minor changes and with an addition of Exhibit A that lists the legal owners of all property and the property description of the permanent and temporary easement takings. Terry Maurer indicated that Mr. Roston has notified all property owners of the City's desire to acquire the land without fully implementing the eminent domain procedures, however the City will use eminent domain if necessary to complete the project. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-17 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINN. STAT. 117.042. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Consider a Resolution Authorizing Eminent Domain and Acquisition of Real Proper .ty in Accordance with Minn. Stat 117.042 in Relation to the Zane Street Improvements of 2002 City Engineer Terry Maurer indicated that staff has been working with Mr. Dwight ICirkeide regarding the need to acquire an easement from him for the Zane Street improvements. Terry indicated that staff has proposed alternatives to minimize the impacts to his property. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-18 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINN. STAT. 117.042. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5=0. 7. Other Business Mayor IWdinzing informed the Council of two public open houses to be held on March 18 and 19 relating to the highway corridor plan on Highways 101 and 169. Mayor Klinzing informed the Council that representatives from Russia would be at City Hall on Friday to take a tour of Energy City. Mayor Klinzing noted that she has been contacted by a property owner who lives on the easterly side of the City regarding snowmobile trails north of CR 13. Mayor Klinzing indicated that with the deletion of some of the snowmobile trails, it might be necessary to revisit the issue, as there could be some exceptions especially in the rural part of the City. Michele McPherson indicated that County Road 13 has been left as a designated snowmobile trail on the revised trail map. Michele indicated that the issue would be revisited soon. City Council Minutes March 11, 2002 8. Staff Updates There were no staff updates. Adjournment There being no further business, Mayor Fdinzmg adjourned the meeting of the Elk River City Council at 9:20 p.m. Page 7 Sandra Peine City Clerk