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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