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08-26-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 26, 1996 Members Present: Mayor Duitsman, Councilmembers Holmgren, Dietz, Scheel, and Farber Members Absent: None Staff Present: Pat Klaers, City Administrator: Lori Johnson, Assistant City Administrator; Tom Zerwas, Police Chief; Steve Ach, City Planner; Debbie Kleckner, Recording Secretary 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Ell< River City Council was called to order at 6:00 p.m. by Mayor Duitsman. 2. Consider Council Aqenda Item 8.1. "Other Business" for Councilmember Scheel was added to the August 26, 1996, City Council agenda. COUNCILMEMBER FARBER MOVED TO APPROVE THE AUGUST 26, 1996, COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. AUGUST 19, 1996, CITY COUNCIL MINUTES - ITEM 10. - AMENDED -- APPROVED AS AMENDED REQUEST FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR ST. ANDREW'S SCHOOL - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Request by John Weicht & Assoc. for Easement Vacation, Public Hearin.q Case No. EV 96-2 Staff report by Steve Ach. This request is a follow-up to the Furniture and Things development plan. John Weicht and Associates is requesting the vacation of existing drainage and utility easements on the newly platted Renner Addition property. The appropriate new easements have been provided on the plat. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. City Council Meeting Minutes Page 2 August 26, 1996 COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION NO. 96-72, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 96-2. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4,2, Discuss Conditions for Rezoninq, Conditional Use and Preliminary Plat Requests by Derrick Investment Co. Staff report by Steve Ach. At the August 19, 1996, City Council meeting, Derrick Investment Co. requested the Council approve the rezoning, conditional use and preliminary plat requests in order to develop a senior housing project at the northwest corner of Highland Road and Jackson Avenue. The Council voted to postpone the requests until the September 16, 1996, City Council meeting. The developer, Roger Derrick, Steve Ach, and Terry Maurer, met with the neighbors in the area on Thursday, August 22, to discuss issues related to the project. Steve indicated staff has not seen any revised plans; however, the developer and his engineer, John Johnson, have prepared concept drawings for the Council's review tonight. Roger Derrick, developer, indicated they have attempted to address some of the neighbors' concerns including covenants for the single family homes, access on 193rd and saving the ridge line of trees. Mr. Derrick provided drawings for 5 possible plans to develop the site. Plan A shows access to the development off Jackson, no road loop (2 cul-de-sacs), a total of 14 townhouse buildings, taking out 1 lot on the north rnaking the remaining 6 single family lots larger, taking out the 4 single family lots along Highland, and saving the majority of the ridge line of trees. Plan B includes saving the ridge line, leaving the access on Highland, taking out the single family lots along Highlana, allowing room for 15 buildings. Plan C is a modification of Plan A which allows for some type of commercial use on the property along Jackson which would not generate a lot of traffic. Plan D shows access on 193rd, removal of several of the single family home lots to the north and adding 2 additional townhouse buildings, with the road running through the development. Plan E is a variation of Plan D which shows a cul-de- sac in the south, instead of having the road run through the development. All the plans include one building in the wooded area to the west. Mayor Duitsman opened the discussion to the public. Terry Lenz, 118~t9 Highland Road, expressed her concern that the trees remain healthy during and after construction. Ms. Lenz indicated she would like to see the proposed building to the west eliminated from the development plan or relocated. Ms. Lenz questioned if there would be landscaping around this townhouse. Roger Derrick stated they would try to disturb as few trees as possible, and that landscaping will be provided around the townhouses but would not screen it from the neighboring residences. Discussion followed regarding construction in the wooded area. Steve Ach noted a general rule of thumb in preserving trees during construction is to stay out of the drip line or "canopy". Mr. Derrick explained if Plan B or some variation of it were adopted, the ridge line will be presewed; they would lose 4 single family lots, but would gain an City Council Meeting Minutes August 26, ] 996 Page 3 additional townhouse building. In addition, if the park dedication fees were waived, their loss from the original 8/19 proposal would only be for the additional fill which could have come from the ridge line. Councilmember Farber indicated the property owners immediately to the west, the Wigants' main concern is that they be able to hook up to city water and sewer, since their septic system is failing and is draining onto Ms. Lenz' property. The Wigants also expressed concern that some of the trees remain, and that the access to the development be located on ,Jackson. Councilmember Father felt landscaping was necessary for the privacy of the single family residents as well as the townhouse residents. Mr. Derrick suggested incorporating some conifers in the landscaping plan since conifers offer screening in the winter as well. John Johnson, engineer for the project, indicated there may be some flexibility in placement of this building to preserve as many frees as possible. Discussion followed regarding the various plans and access options presented by the developer. Suggestions were made for modifying the plans. Harold Gramsfad, 19342 King Circle, expressed his concern that the number of single family lots in the north be decreased which would increase the lot size of the remaining lots. He felt preservation of the ridge line will provide a buffer from the Elk Park Center shopping area. Discussion of traffic issues followed. Concerns centered around increased volume in traffic arid speeding on Highland Road. Mr. Johnson explained options he had discussed with the city engineer to slow down the traffic and to increase the site distances for vehicles turning out onto Highland. Donna Louden, 11837 193rd Avenue NW, expressed her support for the developer's attempt to preserve the trees. She favored the access on Jackson Avenue. Mrs. Louden was concerned that the plans still showed 7 lots on the north and the developer indicated he would reduce the number to 6. Mr. Derrick stated that the revised plans will show 6 lots. Mrs. Louden felt the three single family lots to the north shown in one of the plans looked out af place and would rather see an additional townhouse in that location. Mr. Johnson expressed concern that the elevation of that area is 5 to 6 feet higher than the street. Jerry Schmidt, 19386 King Circle, expressed his objection to having townhouses up to 193rd. He was in favor of the 6 single family lots on the north and also, favored the Jackson Road access. Councilmember Scheel expressed her support for townhouse in the north end of the development on 193rd. Councilmember Farber expressed support for the townhouse located in the wooded area to the west. Discussion followed regarding waiving the park dedication fees. Further discussion followed regarding whether or not the wooded area should be dedicated to the City and if the public should have access to it. City Council Meeting Minutes Page 4 August 26, 1996 Dana Anderson, Park and Recreation Commission Chair, expressed his objection to waiving the park dedication fees. He expressed concern for pedestrian movement along Highland Road: Discussion followed regarding the number of single family and townhouse units the developer would have with each of the plans presented. Mayor Duitsman requested the public be renotified if the date of the next meeting on this item changes. The City Council reached a consensus on the following issues, with the exception that Councilmember Diefz was not in favor ct waiving the park dedication fees and felt the access should be off Highland Road: - Access to the development be off Jackson - Waiving of park dedication fees be considered - The wooded area remain private property Mayor Duitsman noted the request would be brought back before the City Council at the September 16 meeting. Mayor Duitsman noted the developer must submit a grading plan to staff as soon as possible. 5.1. Authorization to Hire Part Time Records Entry_ Technician for Police Department COUNCILMEMBEi~ FARBER MOVED AUTHORIZATION TO HIRE KATHLEEN BAKKEN AS PART 'riME RECORDS CLERK/TECHNICIAN FOR THE POLICE DEPARTMENT AT A STARTING SALARY OF $10,58 PER HOUR, WORKING APPI~OXIMATELY 25-30 HOURS PER WEEK. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Consider Ice Arena Equipment Bid COUNCILMEMBER HOLMGREN MOVED TO AWARD THE ICE PLANT SKID BID TO ARENA SYSTEMS IN THE AMOUNT OF $70,000. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER SCHEEL ABSTAINED. Open Mike No one appeared for this item. Other Business 8.1. Zoning of Property at the Intersection of County Road No. 12 and 13 Councilmember Scheel asked that staff research the rezoning of property located at County Road No. 12 and County Road No. 13. She noted it was her understanding the zoning boundary between light industrial and residential was between Deschenes and Industrial Hardfacing's property. The City Council recessed at 7:22 p.m. and the meeting was moved to the Training Room. The meeting reconvened at 7:30 p.m. City Council Meeting Minutes August 26, 1996 Page 5 8.2. Minnesota Municipal Utility Association Safety Program The Assistant City Adminis*,rator, Lori Johnson, reviewed with the City Council a proposal for the city and utilities to participate Jn the Minnesota Municipal Utility Association Safety Program. The program would help the city and the utilities comply with state and federal safety laws including OSHA requirements. The fee for both the city and the utilities is approximately $16,500 per year. This is based on a fixed fee (one third of the total program budget divided by the number of entities participating) and a variable cost based on the number of employees. COUNCILMEMBER FARBER MOVED TO HAVE THE CITY PARTICIPATE IN THE MMUA SAFETY PROGRAM WITH FUNDS FOR THIS PARTICIPATION TO COME FROM THE CITY SELF INSURANCE FUND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.3. The City Administrator discussed with the Council the ice arena construction project and the shortage of parking for school students during this construction time frame. The City Council indicated its concern over allowing students to use the Lions' Park parking lot that is behind Central Lutheran Church, due to the students crossing School Street at peak traffic periods. After further discussion the City Council indicated its support for allowing the school to use the Lions' Park parking lot that has an access of off Jackson Avenue. The use of this parking lot by school students would be until the project is completed or sufficient parking stalls were made available. 8.4, Mayor Duitsman asked the Council about their position regarding the county proposal for a solid waste fee. The City Council indicated its opposition to this proposal and directed staff to attend the September 4, 1996, county public hearing on this issue to present the city's position. COUNCILMEMBER SCHEEL MOVED TO HAVE THE CITY OPPOSE THE COUNTY SOLID WASTE FEE PROPOSAL AND TO HAVE STAFF PRESENT THIS POSITION TO THE COUNTY AT THE 9/4/96 COUNTY PUBLIC HEARING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER HOLMGREN ABSTAINED, AS HE IS A COUNTY EMPLOYEE. 7. 1997 Budqet Worksession The City Administrator and Assistant City Administrator reviewed with the City Council the status of the 1996 City Council contingency fund. It was noted that if no more expenditures are authorized out of this fund, then it is expected that the Council will have spent a total of approximately $155,000 - $160,000 for employee wages, new employees and miscellaneous expenditures out of this contingency fund. This expenditure level assumes the hiring of part time fire inspectors and a full time rental housing inspector in early October. The 1996 City Council contingency budget is $193,500. COUNClLMEMBER FARBER MOVED TO AUTHORIZE THE FIRE CHIEF TO POST THE PART TIME FIRE INSPECTOR POSITIONS, TO INTERVIEW QUALIFIED APPLICANTS AND TO City Council Meeting Minutes Page 6 August 26, 1996 PRESENT HIS RECOMMENDATION TO THE COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE BUILDING AND ZONING ADMINISTRATOR TO INTERVIEW QUALIFIED APPLICANTS FOR THE HOUSING INSPECTOR POSITION AND TO PRESENT HIS RECOMMENDATION TO THE COUNCIL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED S-0. The 1997 proposed general fund revenues were presented and reviewed. The proposal calls for revenues in the amount of $4,496,750. This represents a 9.8% or $402,000 increase over the adopted 1996 budget. The City Council discussed the changes in the 1997 proposal as compared to the adopted 1996 budget. Discussion centered around the city's additional tax revenue that is being proposed and the status of the city's net tax capacity. The City Council indicated its desire to increase the school liaison line item to the same level as the 1996 budget, which calls for a contribution from the school district for three juvenile officers. The 1997 proposed general fund expenditures were presented and reviewed. The proposal calls for expenditures in the amount of $4,572,150. This represents a $477,400 or 11.66% increase over the adopted 1996 budget. When the proposed expenditures are compared to proposed revenues, there is a $75,400 budget gap between these two figures. Each of the proposed 26 different departmental budgets were reviewed by the City Council. The proposal to separate out the administration and finance departments into to two separate budgets was discussed by the City Council. It was the consensus of the Council to not have these budgets or departments separated out and to continue with the past practice of having one administration/ finance departmental budget. Councilmember Farber left at 9:05 p.m. Discussion took place regarding the need for security of the city's computer system and the proposed computer system upgrade that is anticipated in 1998. The Council requested that the Fire Department wages for the fire inspection program be separated out from the part time pay that the fire fighters receive for typical services. The City Council discussed the scheduling of a special meeting to continue discussion on the budget issues. It was noted '[hat there is no need to set up another meeting until the net tax capacity information is available from the County. If everything works out, the Mayor indicated that he may call a special meeting for Tuesday, September 3, 1996, to continue discussion on the budget. The City Administrator noted that he still needs to present the non-general fund budget proposals for the library, special assessments, surface water management, equipment certificates, equipment reserves, HRA, EDA and the Landfill program. The library, special assessment, ice arena, EDA and HRA budgets were distributed along with some material on City Council wages. City Council Meeting Minutes August 26, 1996 Page 7 There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Elk River City Council meeting adjourned at approximately 10:15 p.m. Respectfully submitted, Patrick D. Klaers City Administrator Debbie Kleckner Recording Secretary