11-03-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, NOVEMBER 3, 1997
Members Present:
Mayor Duitsman, Councilmembers Thompson, Dietz, Farber, and
Holmgren
Members Absent: None
Staff Present:
Pat Klaers, City Administrator; Lori Johnson, Assistant City
Administrator; Tom Zerwas, Police Chief; Scott Harlicker, Planning
Assistant; Terry Maurer, City Engineer; Sandra Thackeray, City Clerk
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 6:00 p.m. by Mayor Duitsman.
2. Consider Agenda
Item 6.4a., Downtown Parking, was added to the agenda.
COUNCILMEMBER FARBER MOVED TO APPROVE THE NOVEMBER 3, 1997, CITY
COUNCIL AGENDA AS AMENDED. COUNClLMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
3. Consider Consent A.qenda
COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1.
3.2.
3.3.
10/20/97 CITY COUNCIL MINUTES- APPROVED
10/27/97 CITY COUNCIL MINUTES - APPROVED
CHECK REGISTER - APPROVED
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.1,
Tim Smith Request for Variance, Public Hearing Case No. V 97-9
Planning Assistant Scott Harlicker indicated that on October 20, 1997, the City
Council postponed Tim Smith's request for a variance to exceed the 1,200 square
foot maximum accessory structure area and to the architectural standards in the
R-1 b district. He explained that the item was postponed in order for the Council
to receive feedback from the Planning Commission regarding an ordinance
amendment to change the existing ordinance regulating accessory building size
and architecture. Scott Harlicker indicated that the Planning Commission met on
October 28, 1997, and is recommending an ordinance amendment relating to
this issue. He indicated that the Planning Commission's recommendation is to
amend the ordinance to allow lots within the urban service area, five acres and
larger, to construct accessory buildings to the same standards as the R-1 a and
A-ldistricts. Under this regulation the applicant would be able to have a total of
6,000 square feet of accessory structure area.
Elk River City Council Minutes
November 3, 1997
Page 2
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing.
COUNCILMEMBER THOMPSON MOVED TO GRANT A VARIANCE TO TIM SMITH BASED
ON THE FIVE FINDINGS LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL
DATED NOVEMBER 3, 1997, AND WITH THE FOLLOWING CONDITIONS:
THE PROPERTY ON WHICH THE PROPOSED STRUCTURE WILL BE LOCATED
SHALL BE COMBINED WITH OTHER PROPERTIES OWNED BY THE APPLICANT
INCLUDING THE PROPERTY ON WHICH THE APPLICANT'S HOUSE IS LOCATED.
2. THE BUILDING BE PAINTED TO MATCH THE EXISTING STRUCTURE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1.
Councilmember Dietz opposed.
Councilmember Dietz indicated his opposition was based on the fact that he
does not feel a variance should be granted prior to the ordinance being
amended.
4.2. Iohn Paul Request for Variance, Public Hearin.q Case No. V 97-15
Planning Assistant Scott Harlicker stated that on October 20, 1997, the City
Council postponed action on a variance requested by John Paul to the
maximum square footage allowed for accessory buildings and to the
architectural standards for accessory buildings. Scott Harlicker explained that this
variance was similar to the previous variance request by Tim Smith. He indicated
that the Planning Commission's proposed ordinance amendment would allow
John Paul the ability to construct the structure that he is proposing without a
variance.
Mayor Duitsman opened the public hearing.
John Paul indicated that he supports the amendment to the ordinance which
the Planning Commission is recommending.
There being no further comments, Mayor Duitsman closed the public hearing.
Mayor Duitsman indicated that he supports the Planning Commission's
recommendation to amend the ordinance pertaining to this issue.
COUNCILMEMBER FARBER MOVED TO GRANT A VARIANCE TO JOHN PAUL TO THE
MAXIMUM SQUARE FOOTAGE ALLOWED FOR ACCESSORY BUILDINGS AND TO THE
ARCHITECTURAL STANDARDS FOR ACCESSORY BUILDINGS BASED ON THE FIVE
FINDINGS WHICH ARE LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL
DATED NOVEMBER 3, 1997, AND WITH THE FOLLOWING CONDITION:
1. THE BUILDING BE PAINTED TO MATCH THE EXISTING STRUCTURE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1.
Councilmember Dietz opposed.
Councilmember Dietz indicated his opposition was based on the fact that he
does not feel a variance should be granted prior to the ordinance being
amended.
Elk River City Council Minutes
November 3, 1997
Page 3
4.3.
6.1.
6.2.
6.3.
6.4.
Update on Heritaqe Landin.q I and II Draina.qe Issues
City Administrator Pat Klaers indicated that staff has been meeting with the
developers and their engineers to try to come to a solution regarding the
drainage and easement issues relating the Heritage Landing I and II subdivisions.
He indicated that the engineers for the developer will be looking for possible
solutions to the potential drainage problem and a meeting will follow to discuss
these solutions on Tuesday, November 4. The City Administrator informed the
Council that staff has stressed the urgency to resolve this matter as quickly as
possible.
Open Mike
No one appeared for this item.
Review of 1997 Le.qislative Law Re,qardin,q Local Board of Review Duties
City Clerk Sandra Thackeray indicated that recent legislation allows the city to
transfer its Board of Review powers and duties to the County Board. After
discussion it was the consensus of the Council to retain the local Board of Review
duties.
Review Cost Participation Policy Between Sherburne County and the City of Elk
River
City Engineer Terry Maurer indicated that he has reviewed the proposed cost
participation policy recommended by the County Engineer. Terry Maurer
indicated that he has made recommendations to the City Administrator in regard
to the policy after reviewing cost participation policies for the urban counties of
Ramsey and Hennepin. He explained that he reviewed the policies of other
urban counties as the policy for improvements being discussed are urban
improvements. The City Council reviewed the recommendations to the policy
made by the City Engineer.
COUNCILMEMBER FARBER MOVED TO APPROVE THE RECOMMENDATIONS MADE BY
THE CITY ENGINEER TO THE COUNTY COST PARTICIPATION POLICY.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Consider Resolution Reqardinq Proposed Le,qislation on Personal Property Tax
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-119 OPPOSING THE
ELIMINATION OF PERSONAL PROPERTY TAXES ON AT[ACHED MACHINERY AND
TRANSMISSION AND DISTRIBUTION LINES. COUNCILMEMBER HOLMGREN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
Consider Bids for Two 1998 Police Vehicles
COUNCILMEMBER FARBER MOVED TO APPROVE THE PURCHASE OF TWO 1998 FORD
CROWN VICTORIA VEHICLES FROM ELK RIVER FORD IN THE AMOUNT OF $20,667.00
PER VEHICLE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Elk River City Council Minutes
November 3, 1997
Page 4
6.4a. Downtown Parkinq
Mayor Duitsman indicated that he has received complaints from downtown
businesses regarding the safety of employees in relation to employees parking in
the railroad parking lot. He indicated that store owners are requesting the city to
allow employees to park in the two city parking lots, Jackson Square, and the
parking lot behind Kemper Drug for unlimited periods of time. The Police Chief
concurred and recommended that the police department not issue parking
citations for the two parking lots previously sited. He indicated that parking
restrictions will still be enforced along Jackson Avenue, Main Street, King Avenue,
and the Railroad Drive parking lots.
COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE POLICE DEPARTMENT TO
NOT ENFORCE PARKING FROM NOVEMBER 1 TO APRIL 1 FOR THE PARKING LOT
BEHIND KEMPER DRUG AND IN THE JACKSON SQUARE PARKING LOT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.5. Consider Quote for Copy Machine at Ice Arena
City Administrator Pat Klaers informed the Council that Ice Arena Manager Rich
Czech is requesting authorization for the purchase of a copy machine and a fax
machine from IKON Office Solutions. Councilmember Thompson indicated his
concern regarding the necessity of a recirculating document feeder and
indicated that the style of machine that the Ice Arena Manger is requesting may
be more machine than what is needed.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE LEASE OF A COPY
MACHINE AND FAX MACHINE FROM IKON OFFICE SOLUTIONS FOR 42 MONTHS IN
THE AMOUNT OF $163.00 PER MONTH. COUNCILMEMBER FARBER SECONDED THE
MOTION. THE MOTION CARRIED 3-1-1. Councilmember Thompson opposed.
Councilmember Dietz abstained.
6.6. 1998 Bud.qet
Mayor Duitsman indicated that the Lion's Club has indicated that they would like
to move ahead with the construction of the teen center in 1998. He further
stated that the Lion's Club has indicated its support of the Boy's and Girl's Club
program.
The City Administrator discussed his concern as to whether the city could finance
a building that will be a Lion's Club and Boy's and Girl's Club facility. He
indicated that the city is supportive of an agreement and of a joint program with
the Boy's and Girl's Club and Lion's Club.
Mayor Duitsman indicated that Ron Dargis, owner of Ron's Foods, is interested in
what the city will be doing with the old Northbound Liquor site. He indicated that
Mr. Dargis is interested in protecting his investment. Mayor Duitsman further
stated that he is still interested in moving forward with the Watz Up'?. Caf~ Club at
the old Northbound location.
Elk River City Council Minutes
November 3, 1997
Page 5
o
The City Administrator indicated that on 10/27/97 the City Council agreed to an
approximate 3 percent increase in the city tax rate. He explained that this
decision would involve the decrease in budgeted tax revenues by approximately
$150,000. The City Administrator reviewed the proposed adjustments in the
budget due to the $149,650 reduction in general fund tax revenues. The
adjustments are as follows: Revenue Increases - $52,000; Cash Flow Reserves -
$50,700; and Expenditure Reductions - $46,950.
Mayor Duitsman suggested cutting the contingency budget and the cash flow
reserves by an additional $25,000 each.
Discussion was held regarding the two COPS FAST police officers and the request
for a captain. Mayor Duitsman indicated that he is supportive of at least one
COPS FAST officer, but does not support the captain position at this time due to
budget restraints. Councilmember Farber indicated that he is in favor of both of
the COPS FAST officers. Councilmembers Holmgren and Thompson concurred
with Councilmember Farber. Councilmember Farber indicated that he is also
supportive of a captain position, but understands the budget restraints at this
time. He suggested that the city consider an adjustment in the COPS FAST officers
in order to allow for the captain position.
It was the consensus of the Council to authorize the two COPS FAST positions at
this time. No decision was made on the captain position.
COUNCILMEMBER FARBER MOVED TO DEDUCT $25,000 FROM THE CONTINGENCY
BUDGET AND $25,000 OUT OF RESERVES. COUNCILMEMBER HOLMGREN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
Mayor Duitsman suggested that the City Council review the expenses and source
of funds for the City Hall payments in September or October of 1998 to consider
what is needed from the general fund and what could come from reserves. Lori
Johnson indicated that she will bring this issue back to the City Council for review
during budget amendments in 1998.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE A $149,650 DECREASE IN THE
GENERAL FUND TAX REVENUES BASED ON THE SEPTEMBER 8, 1997, TAX LEVY
RESOLUTION AND THAT THE BUDGET, WITH THIS AMENDMENT, BE PRESENTED AT THE
DECEMEBER 1, 1997, TRUTH IN TAXATION PUBLIC HEARING. COUNCILMEMBER
THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF TO ADVERTISE FOR THE
PLANNING INTERN POSITION. MAYOR DUITSMAN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Other Business
There was no other business presented.
Elk River City Council Minutes
November 3, 1997
Page 6
8. Staff Updates
Police Chief Tom Zerwas informed the Council that the Justice Department is
accepting requests for COPS FAST officers for 1998 and allowing cities to ask for a
waiver of matching funds for three years.
COUNClLMEMBER FARBER MOVED TO AUTHORIZE THE COPS FAST APPLICATION
WHICH WAIVES THE LOCAL MATCH. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
Police Chief Zerwas updated the Council on recent activities that have taken
place in the police department.
9. Adjournment
There being no further business, COUNClLMEMBER FARBER MOVED TO ADJOURN
THE MEETING. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The meeting of the Elk River City Council was adjourned at 7:20 p.m.
Respectfully submitted,
Sc?t~dC~?erk ac eray