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09-22-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 22, 1997 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmembers Dietz, Farber, Holmgren and Thompson None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Lori Johnson, Assistant City Administrator/Finance Director; Terry Maurer, City Engineer; Steve Ach, City Planner; Scott Harlicker, Planning Assistant, Steve Rohlf; Building and Zoning Administrator; Bruce West, Fire Chief o 5.1. Call Meetinq To Order Pursuant 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 Duitsman. Consider 9/22/97 A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1, 3.2. 3.3. 3.4. 3.5, 9/15/97 CITY COUNCIL MINUTES -APPROVED CHECK REGISTER - APPROVED RESOLUTION 97- 100 CALLING A PUBLIC HEARING FOR MODIFICATIONS OF TIF DISTRICT #5 -- APPROVED CIGARE'rI'E LICENSE FOR HOLIDAY STATION 18823 FREEPORT AVENUE -- APPROVED 3.2 PERCENT BEER OFF SALE LICENSE FOR HOLIDAY STATION 18823 FREEPORT AVENUE -- APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0 Open Mike No one appeared for Open Mike. Consider Acquisition of the Residential Property North of the Library Assistant City Administrator Lori Johnson updated the City Council on the purchase of the property north of the Library owned by Mrs. Ryding. She stated that the owners have accepted the city's offer for the property. Realtor Mel City Council Minutes September 22, 1997 Page 2 Beaudry was involved to determine a market value according to surrounding propedies. Mel Beaudry was present to update the Council on his findings. He informed the council that a purchase agreement was signed for $83,000 subject to City Council approval. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PURCHASE OF THE RYDING PROPERTY NORTH OF THE LIBRARY IN THE AMOUNT OF $83,000. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Review of Lake Orono Study Steve Rohlf, Building and Zoning Administrator, reviewed the Lake Orono Sedimentation and Water Quality Study completed by Andrew Syverson of Wenck Associates, Inc. He stated that as of August, 1997, $17,000 has been spent on the study. Steve Rohlf indicated that additional issues will be added to the study which will increase the cost, however, the final cost of the study will come in far below the estimated cost of $29,000. Steve Rohlf informed the council that the source of funding for the needed improvements identified in the study are unknown at this time. He further indicated that the costs are difficult to determine. Steve Rohlf requested authorization to lower the lake by about four feet in order to estimate the quantity of material proposed to be removed. He fudher requested authorization to have the City Engineer do preliminary work to estimate the volume of material to be removed if the information cannot be obtained from contractors. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO LOWER LAKE ORONO AS PROPOSED IN STAFF'S MEMO AND TO AUTHORIZE THE CITY ENGINEER TO DO PRELIMINARY WORK TO ESTIMATE THE VOLUME OF MATERIAL TO BE REMOVED IF CONTRACTORS ARE NOT AVAILABLE AND AUTHORIZED STAFF TO HAVE AERIAL PHOTOS TAKEN OF THE LAKE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Consider Insurance Renewal Lori Johnson, Assistant City Administrator, informed the council that the City's liability, property, and other related insurance polices are up for renewal in October. She updated the council on renewal policies including worker's compensation and managed care programs. She stated that the City will continue with the League of Minnesota Cities Policy as Penco and Marinco declined to bid. Lori Johnson stated that premiums have decreased even though deductibles have increased and there are more buildings and equipment to insure. She indicated that credit goes to the safety committee for its work on employee safety and to department heads for their cooperation and proactive measures which have helped reduce insurance rates. Lori Johnson indicated that the property/liability premium for 1997-98 is $174,000. Lori Johnson provided a summary of rates on the city's workers compensation coverage. She indicated that the experience modification has decreased from t.02 a few years ago to .78 which is a very good rate. Lori Johnson stated that the Managed Care program will save the city $7,800 and the $5,000 deductible City Council Minutes September 22, 1997 Page 3 option will provide an additional credit of 11,000. The premium for this coverage is $58,835 which is a decrease from last year's premium. COUNCILMEMBER DIETZ MOVED TO APPROVE TWO NEW INSURANCE CONTRACTS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Charitable Gamblinq Ordinance Sandra Thackeray, City Clerk, indicated that on September 8, the City Council directed staff to prepare an ordinance amendment that would limit the number of premises permits per organization to one. Council also directed that the VFW and Elk River Youth Hockey Organizations be exempt from the ordinance amendment for a ten year period because both organizations presently have two premises permits. She indicated that this exemption will not allow either of these two organizations to switch premises during the ten year period. The City Clerk informed the City Council that an ordinance amendment to this effect has been prepared. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 97-17 AMENDING SECTION 716.06 OF THE CITY CODE RELATING TO LICENSE RESTRICTIONS AND THE NUMBER OF PREMISES PERMITS ALLOWED FOR CHARITABLE GAMBLING. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0 COUNCILMEMBER THOMPSON MOVED TO EXEMPT THE FOLLOWING ORGANIZATIONS WHICH ARE CURRENTLY LICENSED TO HAVE TWO PREMISES PERMITS, FROM THE ORDINANCE AMENDMENT IN THE FOLLOWING MANNER: A. TO ALLOW THE VFW TWO PREMISES PERMITS FOR UP TO TEN YEARS FROM THE DATE OF THIS ORDINANCE AMENDMENT; ONE AT THE SUNSHINE DEPOT AND ONE AT THE EAGLES CLUB, PROVIDED THE PREMISES PERMITS ARE RENEWED UNDER THE CITY CODE AND STATE LAW. B. TO ALLOW THE ELK RIVER YOUTH HOCKEY ORGANIZATION TWO PREMISES PERMITS FOR UP TO TEN YEARS FROM THE DATE OF THIS ORDINANCE AMENDMENT; ONE AT DICK'S RIVERFRONT BAR AND ONE AT TIME OUT SPORTS BAR, PROVIDED THE PREMISES PERMITS ARE RENEWED AS REQUIRED UNDER THE CITY CODE AND STATE LAW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1 COUNCILMEMBER DIETZ VOTED AGAINST THE MOTION. 6,1. 6.2. 6.3. lSD #728 Request for Zone Chanqe, Public Hearinq, Case No. ZC 97-6 lSD #728 Request for Land Use Plan Amendment, Public Hearinq Case No. LU 97-5 lSD #728 Request for Conditional Use Permit Case No. CU 97-21 Zone Chan.qe/Land Use Plan Amendment City Planner Steve Ach indicated that lSD #728 is requesting to rezone approximately 20 acres from R4 (Multi-Family Residential) and I1 (Light Industrial) to R 1 c (Single Family Residential). He stated that the school district is also City Council Minutes September 22, 1997 Page 4 requesting to amend the Comprehensive Land Use Plan from LI (Light Industrial) to MR (Medium Density Residential). The property considered for the zoning and land use plan amendment consists of approximately 20 acres and is currently occupied by the community education facility, recreational fields and a parking lot for Oak Knoll Park. Steve Ach indicated that the current zoning designations are not consistent with the current use of park or institutional uses. He indicated that the planning commission recommended approval of these issues. Conditional Use Permit City Planner Steve Ach indicated that lSD #728 is requesting a conditional use permit to construct an Alternative Learning Center (ALC) along with a new parking lot facility on property located at the northwest corner of Proctor and School Street. Steve Ach reviewed the staff report on this request. Steve Ach reviewed the drainage issues related to the proposal and indicated that the Fire Chief has requested that the watermain be looped to provide fire protection. During the Council discussion it was noted that as part of the development the City would have to purchase approximately 4.2 acres from the school and in return the school district would have to purchase approximately .25 acres from the city. Dr. Flannery indicated that the school district is in favor of the proposal and are aware that they will have to obtain the .25 acre parcel for a ponding area. Dr. Flannery also noted that the School District is willing to sell the 4.2 acres to the city. Mayor Duitsman opened the public hearing for the zone change, the land use plan amendment and the conditional use permit. Dr. Flannery spoke to the situation regarding the soccer fields. He indicated that there is land available for a new soccer field at Meadowvale School and further that the School District is committed to turning over a newly developed field area at Salk School to the Youth Soccer Association. City Administrator Pat Klaers indicated that the city is providing the work for the Meadowvale School soccer fields, the school providing the site and Youth Soccer will need to provide the necessary capital funds. There being no fudher comments on these issues, Mayor Duitsman closed the public hearings. Councilmember Thompson questioned whether the city will have a time commitment for the use of the soccer field at Meadowvale due to the city's investment in the construction of the field. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 97-18 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM I-1 (LIGHT INDUSTRIAL) TO R-lC (SINGLE FAMILY RESIDENTIAL), CASE NO ZC 97-6. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-101 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LI {LIGHT INDUSTRIAL) TO MR (MEDIUM DENSITY RESIDENTIAL), CASE NO. LU 97-5. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0 City Council Minutes September 22, 1997 Page 5 COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY lSD #728 FOR A 16,000 SQ. FT. ALTERNATIVE LEARNING CENTER FACILITY WITH THE FOLLOWING CONDITIONS: 1. A REVISED LANDSCAPING PLAN BE SUBMITTED WHICH SHOWS EARTH BERMING ALONG THE EAST SIDE OF THE PROPOSED PARKING LOT, ALONG WITH PLANTINGS THAT WILL PROVIDE A YEAR-ROUND SCREENING OF THE RESIDENCES IMMEDIATELY TO THE EAST. 2. THE NEW PARKING LOT FACILITY BE BOUNDED WITH CONCRETE CURB AND GUTTER AND ANY NEW OR REVISED EXISTING PARKING AREAS ALSO BE IMPROVED WITH CURB AND GUTTER. 3. THE NEW ACCESS DRIVE ONTO PROCTOR AVENUE WILL REQUIRE A PERMIT FROM THE SHERBURNE COUNTY HIGHWAY DEPARTMENT. 4. THE SOUTHERLY DRIVEWAY INTO THE EXISTING PARKING LOT FACILITY ALONG PROCTOR AVENUE SHOULD BE CLOSED, WITH THE OPENING OF THE NEW DRIVEWAY IMMEDIATELY TO THE SOUTH. 5. 15 FOOT EASEMENTS BE GRANTED FOR ALL ELECTRICAL LINES LOCATED ON THE SCHOOL DISTRICT'S PROPERTY. 6. DRAINAGE AND UTILITY RECOMMENDATIONS FROM TERRY MAURER'S MEMO DATED AUGUST 21, 1997 BE INCORPORATED INTO THE PLANS. 7. FIRE HYDRANTS BE PROVIDED ON SITE AS RECOMMENDED BY THE FIRE CHIEF. 8. ALL DRIVE AISLES MUST BE A MINIMUM OF 24 FEET IN WIDTH. 9. ADDITIONAL BUFFERING BE PROVIDED ALONG THE SOUTH EDGE OF THE NEW DRIVEWAY ONTO PROCTOR AVENUE. THE BUFFER SHOULD INCLUDE EITHER LANDSCAPING OR A FENCE, OR A COMBINATION OF THE TWO. 10. A PEDESTRIAN PATH CORRIDOR BE PRESERVED AND SHOWN ON THE SITE PLAN THROUGH THE SITE FROM THE TERMINUS OF THE UNIMPROVED TRAIL BETWEEN THE TWO SOCCER FIELDS TO SCHOOL STREET. THIS TRAIL WILL BE INSTALLED AT A LATER DATE WHEN THE DRIVEWAY CONNECTING SCHOOL STREET AND PARKING AREA IS MADE. 11. A LIGHTING PLAN BE SUBMITTED SHOWING THE TYPE OF PARKING LOT LIGHTS TO BE USED AND THE ILLUMINATION PATTERN. 12. ADEQUATE PARKING SHALL BE PROVIDED FOR THE COMMUNITY EDUCATION FACILITY, AS DETERMINED BY STAFF. 13. A TEN FOOT WIDE TRAIL BE PAVED BETWEEN THE SOCCER FIELD AND NEW PARKING LOT THE ENTIRE LENGTH OF THE PARKING AREA. 14. THAT THE LAND EXCHANGE IS COMPLETED BEFORE SPRING CONSTRUCTION. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes September 22, 1997 Page 6 6.4. Easement Vacation Request by Beaudry Oil, Case No. EV 97-4 Steve Ach indicated that the applicant has requested that this issue be postponed to the October 20 City Council meeting to allow the applicant additional time to gather information for council review. Bruce West, Fire Chief, indicated that Mr. Beaudry originally had 30 days to remove the storage tanks. Mayor Duitsman indicated he would like to see the tanks removed by the date originally required by the Fire Chief. COUNCILMEMBER THOMPSON MOVED TO POSTPONE ACTION ON THE EASEMENT VACATION UNTIL THE OCTOBER 20, 1997, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO ENFORCE THE 30 DAY CONDITION IN THE LETTER FROM THE FIRE CHIEF'S LETTER. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO AMEND THE MOTION TO INCLUDE THE REQUIREMENTS OF THE LETTER DATED SEPTEMBER 8, 1997, (30 DAY CONDITION) AND THE REQUIREMENTS OF THE COUNCIL MEMO DATED SEPTEMBER 22. COUNCILMEMBER THOMPSON SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 5-0. THE MOTION AS AMENDED CARRIED 5-0. 6.5. Request by Larry Morrell for Amendment to Conditional Use Permit Scott Harlicker, Planning Assistant indicated that Larry Morrell is requesting an amendment to the conditional use permit for the site plan of the proposed trucking facility located at the corner of 171 st Avenue and the Burlington Northern Railroad tracks. Scott Hariicker, Planning Assistant reviewed nine revisions which Mr. Morrell is requesting. Steve Ach indicated that the shipping and receiving areas have decreased by about 6,000 square feet to accommodate the sprinkling issues raised by the Fire Chief. Terry Morrell indicated that the revisions are necessary due to the economics of the project. Mayor Duitsman indicated that 171st Avenue is a major corridor for the city and it is the city's intention to continue this road in the future. Mayor Duitsman indicated that he would rather see Mr. Morrell apply for tax increment financing and uphold the city's standards rather than build a facility which will compromise those standards. Mayor Duitsman recommended that this issue be reviewed by staff and brought back to the council on October 6. City Council Minutes September 22, 1997 Page 7 8. Other Business None 9. Staff Updates There were no staff updates. 9. Adjournment There being no fudher business, COUNClLMEMBER DIETZ MOVED TO ADJOURN THE MEETING. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 8:10 p.m. Respect~lly submitted, Sandra Thackeray City Clerk