08-18-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE LIONS PARK CENTER
MONDAY, AUGUST 18, 2003
Members Present:
Members Absent:
Staff Present:
Also Present:
Mayor I~inzing, Councilmembers Dietz, Kuester, Tveite, and Motin
None
City Administrator Pat I~aers, Director of Planning Michele McPherson,
Senior Planner Scott Harlicker, Planner Chris Leeseberg, Recreation
Manager Michele Bergh, City Attorney Peter Beck, City Engineer Terry
Maurer, Police Chief Jeff Beahen, and Recording Secretary Tina Allard
Planning Commissioner Howard Ropp
Park and Recreation Commissioner Dawn Polston-Hork
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 KJinzing.
Consider Council Agenda
Mayor I~inzing and Councilmember Dietz added three items to the agenda.
COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS
AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Consider Consent Agenda
COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT
AGENDA AS FOLLOWS:
3.1.A.
3.1.B.
3.2.
8/11/03 MINUTES
8/11/03 EXECUTIVE SESSION MINUTES
ACCEPT THE BID FROM MCBROOM CONSTRUCTION COMPANY
FOR $42,481 FOR THE FENCE INSTALLATION ON YAC FIELDS 5
AND 6
COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4.].
Utilities Update
Councilmember Dietz provided an update of the August 12, 2003, Utilities Commission
meeting.
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August 18, 2003
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Page 2
4.2. YMCA Update
4.3.
4.4.
Mayor Klinzing provided an update of the August 14, 2003, YMCA Founder's Committee
meeting.
Park and Recreation Commission Update
Director of Planning Michele McPherson discussed Park and Recreation Commission
activities. She stated that the Elk River Tennis Association is requesting funds from the city
to resurface the tennis courts at Vandenberge Middle School.
John Barth-Stated that if costs are over the estimate, then the school district would pick up
the additional expenses. He stated if maintenance is kept up on the tennis courts they should
last fifteen years.
Councilmember Dietz questioned if the $17,500 payment could be deducted from the Little
Theatre payment the city sends in November. Mr. Klaers stated that he would need to check
with school representatives.
MAYOR KLINZING MOVED TO AMEND THE 2003 PARK CAPITAL
IMPROVEMENT BUDGET IN THE AMOUNT OF $35,000 TO ASSIST THE
SCHOOL DISTRICT IN RESURFACING THE TENNIS COURTS IN 2003,
WITH THE REQUIREMENT THAT THE SCHOOL DISTRICT REIMBURSE
THE CITY FOR $17,500 IN 2004. COUNCILMEMBER MOTIN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
Ms. McPherson stated that Tiller Corporation would like to formalize a Recreational Access
and Use Agreement for property they own (that the city currently utilizes for recreational
use), which is located north of Top of the World Park. She stated that the agreement clearly
states the roles of Tiller Corporation and the city.
City Attorney Peter Beck went over some proposed minor changes to the agreement.
COUNCILMEMBER MOTIN MOVED TO APPROVE THE RECREATIONAL
USE AND ACCESS AGREEMENT CONTINGENT UPON APPROVAL OF
THE AGREEMENT BY TILLER CORPORATION AND THE ATTORNEYS
FOR BOTH SIDES. COUNCILMEMBER TVEITE SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
Go Driving School Request
City Administrator Pat Klaers stated that this issue was before the Council on July 21, 2003,
and that Go Driving School believes the city's involvement with another driver's education
company creates an unfair competitive advantage. He stated that City Recreation received
feedback from residents of a need for this type of service in the community. He stated a
concern regarding how to respond to future complaints about Recreation infringing on
private business. He stated that Recreation offers programs from golf to yoga and these
programs are also offered by private businesses.
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August 18, 2003
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Mayor ICJinzing stated that a letter was received from Performance Driving School regarding
the city creating an unfair competitive advantage.
Councilmember Kuester stated she would like to see City Recreation develop a mission
statement, a policy on fees, and standards to evaluate their partners.
Councilmember Motin stated that City Recreation should have a policy. He stated that they
should stay with recreational-type activities.
Councilmember Tveite stated that City Recreation should not be offering driver's education.
Councilmember Dietz questioned why City Recreation was surprised they were offering a
lower rate than the driving schools and why the driving schools are offended by City
Recreation offering classes when Community Education offers them at a much more
reduced rate.
Recreation Manager Michele Berg stated that she did check with driving schools in the area
and at the time their fees were similar to what City Recreation offered. It was also stated that
the driving schools were aware of Community Education when they came to town but that
City Recreation's recent involvement was a surprise.
Mayor Klinzing stated that City Recreation should begin a comprehensive planning process
on developing a mission statement and a more clear policy.
MAYOR KLINZING MOVED TO DIRECT STAFF TO FORMALIZE A
MISSION STATEMENT, FEE STRUCTURE, AND A POLICY ON THE TYPE
OF CLASSES CITY RECREATION SHOULD OFFER AND TO BRING IT
BACK TO COUNCIL. COUNCILMEMBER KUESTER SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER TVEITE MOVED TO DIRECT CITY RECREATION TO
DISCONTINUE OFFERING DRIVERS EDUCATION. COUNCILMEMBER
MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-2.
Councilmembers Dietz and Kuester opposed.
4.5. Planning Commission Applicant Interviews
Director of Planning Michele McPherson stated that there is one applicant who applied for
the Planning Commission vacancy. She gave some background information on the applicant
and introduced him to the Council. The Council asked the applicant questions relating to
city growth and planning.
COUNCILMEMBER DIETZ MOVED TO APPOINT BRAD STEVENS TO
THE PLANNING COMMISISON WITH HIS TERM TO EXPIRE FEBRUARY
28, 2005. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
4.6.
Consider Resolution Accepting Bid and Authorizing Execution of Contract in the Matter of
the Seal Coat Improvement of 2003
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August 18, 2003
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City Engineer Terry Maurer submitted the staff report. Mr. Maurer stated that bids have
been received for the 2003 Seal Coat Improvement Project.
COUNCILMEMBER MOTIN MOVED TO ACCEPT THE BID FROM
PEARSON BROS. INC. IN THE AMOUNT OF $22,468.85 AND ADOPT
RESOLUTION 03-48 ACCEPTING BID AND AUTHORIZING EXECUTION
OF CONTRACT IN THE MATTER OF THE SEAL COAT IMPROVEMENT
OF 2003. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
5. Open Mike
Dan Schwarlg 19785 Irving Street-Stated there is gravel on the shoulder of some roads in
the Brentwood neighborhood. It is a mess and a safety hazard. He would like the city to
clean up the gravel.
Mayor I4dinzing stated the Public Works Department would review the situation.
Ralph Donais, 906 Lookout Place-Stated that he is concerned with the high speed limit on
County Road 1 near Meadowvale School. He would like the city to put pressure on the
county to reduce the speed and to post school zone signs. Mayor ICJinzing asked the city
engineer to meet with the county on this issue.
Mr. Donais also stated that he would like a stop sign located at east Main Street at Parrish
Avenue due to the traffic congestion in the area.
City Engineer Terry Maurer stated that a public improvement project is set to begin in late
September that will improve the Main Street/Highway 10 intersection. He stated that this
project will include the installation of numerous medians in the area to help alleviate the
situation.
Gary Kleis, 19815 Irving Avenue-Stated that he is concerned with the noise of semi-trucks
stopping on Highway 169 and he would like to see signs on the highway stating that jake-
braking is not allowed in Elk River.
Mr. Maurer stated that the city would need to look at its noise ordinance before approaching
Mn/DOT for signage.
Jerry Engot 19938 Norfolk Avenue-Stated he would like restrictions placed on trucks that
would not allow them in the left lane because they cause traffic to back up at the lights
through town.
Leanne Brown, 19737 Lowell Street-Stated she would like the 45 mph speed limit extended
on Highway 169 from Main Street up to 197m Avenue.
Scott Frasier, 11678 200m Avenue-Stated that the intersection heading east on Jackson
Avenue along Highway 169 is confusing. He stated that there should be two lanes going
straight through the light or the middle lane should be a lane used for either going straight
or making a left turn onto the highway.
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August 18, 2003
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Mr. Maurer stated that Mn/DOT makes determinations on the lanes based on traffic
projections
6.1.
Request by James and Stephanie %aczkowsi for Final Plat Approval (Kfingdom Estates),
Case No. P 03-02
Page 5
Mayor I~inzing stepped down from voting on this item as she is the applicant.
Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that the applicant
is requesting final plat of Kfingdom Estates, a seven lot subdivision. He discussed lot and
street layout, lot size, and utilities.
COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-49
GRANTING FINAL PLAT OF KINGDOM ESTATES WITH THE FOLLOWING
CONDITIONS:
1. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST
OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
3. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
4. PARK DEDICATION SHALL BE IN CASH FOR FIVE LOTS.
5. THE PLAT SHALL COMPLY WITH THE A1 SETBACK
REQUIREMENTS.
6. ALL COMMENTS OF THE ENVIRONMENTAL TECHNICIAN
SHALL BE ADDRESSED.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
6.2.
Request by Wash-N-Fill Properties of MN, LLC to Amend the Elk River Crossing PUD
Agreement to Allow Additional Signage, Public Hearing-Case No. CU 03-18
Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the
applicant is requesting to amend the PUD agreement to allow for additional wall and
canopy signs and an illuminated canopy. He gave an overview of the project and stated that
the Planning Commission denied the illuminated canopy.
Mayor I~inzing opened the public hearing.
Robert Foster, Attorney for the applicant-Stated that the illuminated canopy would help the
applicant be more competitive with surrounding gas stations. He also stated that the
applicant is proposing to decrease the width of the fascia of the canopy.
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August 18, 2003
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David Kroona, applicant-Stated that the Holiday gas station in town has a canopy that is
three times brighter than the canopy the applicant is proposing. He is also concerned about
the safety of his customers.
Kevin Moss, Amcon Construction-Stated that he talked with some of the local businesses
and they indicated support for the illuminated canopy. He stated that the intent of the PUD
would not be violated by approval of the request.
Mayor ICJinzing closed the public hearing.
Howard Ropp, Planning Commissioner-Stated that the Planning Commission received the
same information in their staff report as the Council received with the exception of a sample
of the canopy material.
Mayor Klinzing stated that the Wash-N-Fill is dark at night and the illuminated sign would
help with customer safety. She would also like to see signage at the gas station entrance.
Councilmember Dietz concurred.
Councilmember Motin stated that the illuminated canopy helps to identify the site as a gas
station and is a safe and necessary improvement.
COUNCILMEMBER MOTIN MOVED TO APPROVE THE PUD
AMENDMENT TO ALLOW WASH-N-FILL THE ADDITIONAL WALL AND
CANOPY SIGNS AND AN ILLUMINATED CANOPY. COUNCILMEMBER
DIETZ SECONDED THE MOTION.
COUNCILMEMBER TVEITE MOVED TO AMEND THE MOTION BY
HAVING THE PUD AMENDMENT FOR THE ILLUMINATED CANOPY BE
SPECIFIC ONLY TO WASH-N-FILL. COUNCILMEMBER DIETZ
SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 5-0.
THE MOTION AS AMENDED CARRIED 5-0.
6.3.
Request by William Morrow for a Conditional Use Permit to Replace the Existing Kentucky
Fried Chicken Restaurant, Public Hearing-Case No. CU 03-17
Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the
applicant is requesting a conditional use permit to demolish the existing Kentucky Fried
Chicken and replace it with a new one. The applicant is proposing to construct the new
building at the south end of the property. He discussed parking, access, landscaping, and
Planning Commission action.
Mayor ICJinzing opened the public hearing.
William Morrow, 3728 Zenith Ave. S. Mpls.-Stated that he is agreeable to the conditions
outlined in the staff report.
Mayor ICJinzing closed the public hearing.
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August 18, 2003
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COUNCILMEMBER TVEITE MOVED TO APPROVE A CONDITIONAL USE
PERMIT FOR A NEW KENTUCKY FRIED CHICKEN WITH THE
FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
2. THE DUMPSTER ENCLOSURE WILL HAVE TO BE A MATERIAL
AND COLOR TO MATCH THOSE OF THE BUILDING.
THE REAR ELEVATION OF THE BUILDING SHALL INCLUDE
ELEMENTS AND MATERIALS FOUND ON THE OTHER
ELEVATIONS.
4. ADDITIONAL LANDSCAPING SHALL BE PLANTED ALONG THE
REAR OF THE BUILDING.
5. LIGHTING SHALL NOT EXCEED THE LIGHTING STANDARDS
FOUND IN SECTION 30-937 OF THE ZONING CODE.
COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.4.
Request by the City of Elk River for an Ordinance Amendment to Chapter 30, "Land
Development Regulations," to Establish a Downtown District and Standards. Public
Hearing-Case No. OA 03-01
Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated that the Council is
asked to consider an amendment to Chapter 30, Land Development Regulation, to establish
a Downtown District and Standards. He discussed the intent of the guidelines and gave an
overview of how and why the proposed guidelines are before the Council at this time.
Mayor ICJinzing opened the public hearing.
John Anderson, 208 Lowell Avenue-Stated he was concerned about the properties east of
Lowell Avenue and immediately adjacent to the river being included in the downtown
standards. He expressed concern about how the building heights would affect the
neighboring residential properties. He stated he would like the homes east of Lowell Avenue
to remain zoned C2, as it would be a compatible buffer between the R1C residential housing
and the Downtown District. He stated that the substantial elevation change and existing
screening in the area would be a natural area for a buffer. He stated concern over property
values. Mr. Anderson stated that the conditions listed in the zoning ordinance under Section
30.575 Zoning Amendments, Paragraph E must be met when considering zoning
amendments.
Ralph Donais, 906 Lookout Place-Stated that extending the Downtown District to include
parcels up to Lowell Avenue would be detrimental to the neighborhood. He is concerned
that increased traffic will affect the families and the many seniors that walk in the area.
Mayor ICJinzing closed the public hearing.
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August 18, 2003
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Mayor I~inzing stated that the Council would only be making a decision on the Downtown
District guidelines and not on which properties would be included within this District. She
questioned if staff or other Commissions ever considered different guidelines for different
areas of the Downtown District.
Mr. Leeseberg stated that the developer suggested having a "core" development area and a
"fringe" development area.
Councilmember Motin stated that he is concerned that these guidelines may be too
restrictive and could limit businesses from making improvements. He stated that the
guidelines are too specific and should be more general.
Councilmember Kuester stated that she likes the proposed standards. She stated that parking
issues should drive the design. She stated that she would like a feeling of an old downtown.
Councilmember Tveite concurred with Councilmember Kuester.
Mayor I~inzing stated concerns about marketability of the downtown when the city is not
sure how the area is going to develop. She stated that she doesn't want to be too restrictive
on businesses or to cut out any of the existing businesses. She stated she would prefer more
general guidelines.
Councilmember Dietz questioned what the response was of the downtown businesses and
of MetroPlains.
Mr. Leeseberg stated the downtown businesses did like and approve the guidelines but
expressed concern regarding the building heights. He stated that MetroPlains did suggest
numerous changes and that staff made some of the changes suggested by MetroPlains.
COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 03-13
AMENDING SECTION 30-1 "DEFINITIONS" AND 30-1026 "DOWNTOWN
DISTRICT" OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER
KUESTER SECONDED THE MOTION.
Councilmember Motin requested Councilmember Tveite to withdraw his motion as he may
have some questions regarding language. Councilmember Tveite respectfully declined.
Councilmember Motin stated that the language is confusing as to how many units a single
business could own. Mr. Leeseberg clarified the ordinance language.
THE MOTION PASSED 3-2. Mayor I~inzing and Councilmember Motin opposed.
Councilmember Tveite stated that he would like a single downtown district. He stated that
he would like the Planning Commission to review the zoning of the residential areas and
consider making them Rlc. Mayor I~inzing concurred.
6.5.
Request by Morcon Real Estate and Development, LLC to Change the Land Use of Certain
Property from MR Medium Density Residential to HB Highway Business, Public Hearing-
Case No. LU 03-02
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August 18, 2003
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6.6 Request by Morcon Real Estate and Development, LLC to Rezone Certain Property from
Rlc Single Family Residential to C3 Highway Commercial, Public Hearing-Case No. ZC 03-
04
Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated
that the applicant is requesting that Outlot A of Brentwood and Lots 3 and 4, Block 3 of
Ridgewood East 3~l Addition be considered for a Land Use Amendment from Medium
Density Residential to Highway Business, and a Zone Change from Rlc Single Family
Residential to C3 Highway Commercial. She gave a history of the area, reviewed the
requests, and discussed Planning Commission action.
Mayor KAinzing opened the public hearing for both the Land Use Amendment and the Zone
Change.
Jay Johnson, 555 3~l Street-Stated that he is representing Dennis Anderson, the owner of
the property. He stated that the covenants had an error regarding Outlot A and Mr.
Anderson went to district court to fix the error. He stated that the district court ordered a
judgment stating clarifying that Outlot A is not considered residential. Mr. Johnson read a
letter dated September 1994 to the city that stated Highway Business, Commercial, and
Retail were planned for this Outlot when there is a need for this development. Mr. Johnson
stated that there is a need for commercial development in Elk River.
Tom Halbakken, 11744 194m Avenue-Stated that this is not good planning and he is
opposed to the rezoning.
Scott Frasier, 11678 208m Avenue-Stated that he is concerned with the ecology of the area,
traffic, and air quality. He stated that the property was originally proposed to be a park and
should remain a park.
Leanne Brown, 19737 Lowell Street-Stated she was told the property was to be a park. She
is concerned about traffic, noise, property values, and the diminished quality of nature. She
stated that she would prefer to have the zoning changed to PUD.
John Polden, 11751 196m Avenue-Stated he would prefer a PUD zone change over a
Highway Commercial zone change, as he felt residents would have more involvement with
the type of businesses to develop on the property. He is concerned with noise, the safety of
the Solid Rock Church school children, and crime.
Barb Buhl, 11808 Brentwood Lane-Stated concerns regarding noise and increased traffic in
the neighborhood.
Gail Anderson, 19411 Irving Circle-Stated concerns about traffic and what the future plans
of Mn/DOT may be for installing overpasses and service roads in the area.
Carol Bergquist, 19440 Holt Street-Stated concerns about jake-braking and the headlights
from vehicles on Highway 169. She is also concerned about property values. She stated that
she was told the subject property would be residential.
Steve Brown, 19737 Lowell Street-Stated that he doesn't want to see Elk River become a
Maple Grove.
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August 18, 2003
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Dale Duitsma, 11849 184m Avenue-Stated he was told the subject parcel would be
residential. He is concerned about property values and noise.
Page 10
Gary Kleis, 19815 Irving Avenue-Stated that the developer should abide by the covenants.
He is concerned about traffic, accidents, and speed. He further stated that Elk River is
losing some of its character due to all the development.
Ted Travica, 19702 Irving Street-Stated he was told the subject parcel was zoned
residential. He is concerned with traffic and speed. He stated that he opposes the rezoning
but would prefer a PUD zone change over a Highway Commercial zone change.
Dawn Polston-Hork 19308 Rush Court-Stated she is in favor of the Highway Commercial
zone change. She stated that the change is a natural fit for the area along Highway 169.
Dan Schwark 19785 Irving Avenue-Read parts of the Tree Preservation Ordinance for the
City of Elk River. He stated that the city is not following the ordinance. He stated he
opposes the Highway Commercial zone change.
Mayor Klinzing closed the public hearing.
Councilmember Kuester stated that she is upset that the property-owner would tell residents
that the subject property was going to be a park. She stated that it has never been in any city
plans to develop this property as a park.
Councilmember Tveite stated that it is a logical fit for this property to be commercial. He
stated that buildings added to the site would be a buffer against noise from the highway. He
stated that if the property were zoned to a PUD rather than Highway Commercial, the
developer could still build commercial businesses.
Councilmember Dietz stated that all the residents are complaining about all the
development (such as Cub and Target) in Elk River but they all are also patronizing these
new businesses. He stated that businesses that consider Elk River want to be located on the
highway. He informed the public that commercial business can still locate in property that is
zoned PUD. He stated he would rather see a PUD zone change.
Councilmember Motin concured with Councilmember Dietz. He stated concerns about
Mn/DOT's plans for the area.
Councilmember Kuester stated that the area was always meant for commercial. She stated
that she would rather see a PUD zone change than a Highway Commercial zone change.
Mayor Klinzing stated that she doesn't want to rezone the property to Highway Commercial.
She stated that if the property is rezoned to PUD, residents will still have the same issues.
City Attorney Peter Beck recommended that the Council table this issue and come back with
a resolution listing the findings for a denial of the Highway Commercial zone change and
the land use change.
COUNCILMEMBER KUESTER MOVED TO TABLE THE REQUEST BY
MORCON REAL ESTATE AND DEVELOPMENT, LLC. TO CHANGE THE
LAND USE OF CERTAIN PROPERTY FROM MR, MEDIUM DENSITY
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August 18, 2003
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RESIDENTIAL TO HB, HIGHWAY BUSINESS AND TO REZONE CERTAIN
PROPERTY FROM R1C, SINGLE FAMILY RESIDENTIAL TO C$, HIGHWAY
COMMERCIAL UNTIL SEPTEMBER 15, 2003, SO STAFF COULD DEVELOP A
RESOLUTION LISTING THE FINDINGS FOR DENIAL. COUNCILMEMBER
MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.7.
Request by the City of Elk River for an Ordinance Amendment Regarding Driveways,
Public Hearing-Case No. OA 03-05
Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg discussed an amendment
to the driveway portion of Section 30-906, Vehicular and Pedestrian Circulation. He stated
that the language is revised to allow single-family residences only one driveway unless
certain exceptions could be met.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 03-14
AMENDING SECTION 30-906 "VEHICULAR AND PEDESTRIAN
CIRCULATION" OF THE CITY CODE OF ORDINANCES.
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.8. Status Report B&B Billiards-Case No. CU 02-08
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated
that the Council approved a Conditional Use Permit (CUP) for B&B Billiards along with a
condition that the extended hours of operation be reviewed at six and twelve months. She
stated that it has been one year since the CUP was approved. She outlined the calls received
by the police department.
Police Chief Jeff Beahen stated that if the hours of operation were changed from 3:00 a.m.
to 1:00 a.m., it would not significantly diminish the number or type of calls received by the
police department.
It was the consensus of the Council to review the Conditional Use Permit for B&B Billiards
in one year.
7. Other Business
7.1. Little Theatre Schedule
Ms. McPherson stated that the Little Theatre would be available beginning in
November if the Council wanted to move their meetings to this location.
COUNCILMEMBER TVEITE MOVED TO SCHEDULE ALL COUNCIL
MEETINGS BEGINNING IN NOVEMBER TO THE LITTLE
THEATRE. COUNCILMEMBER DIETZ SECONDED THE MOTION.
Councilmember Motin expressed concerns over the city monopolizing some of the
theatre's time for an extended period.
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August 18, 2003
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Page 12
Councilmember Kuester stated she would meet with representatives of the Little
Theatre to inquire about any scheduling conflicts.
COUNCILMEMBER MOTIN MOVED TO TABLE THE MOTION TO
SCHEDULE ALL COUNCIL MEETINGS AT THE LITTLE THEATRE
BEGINNING IN NOVEMBER. COUNCILMEMBER KUESTER
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.2.
7.3.
7.4.
Staff Development Consultant
Mayor I~inzing stated that she would like to designate $3,000 from the Council
Contingency fund towards the hiring of an outside consultant to work on staff
development.
COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE MAYOR
TO HIRE A CONSULTANT AT AN AMOUNT NOT TO EXCEED
$3,000, WITH FUNDS TO COME FROM THE COUNCIL
CONTINGENCY FUND, TO WORK ON STAFF DEVELOPMENT.
COUNCILMEMBER KUESTER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Sherbume County Jail Expansion
Mayor I~inzing stated that she is concerned about Sherburne County expanding the
jail without having to hold any public hearings. She would like staff to do some
research to see if the city can have a hearing held regarding the jail expansion.
Councilmember Motin stated that he believed Sherburne County would have to
come to the city if they plan to make any changes to the jail on the residential
property to the south.
MAYOR KLINZING MOVED TO DIRECT STAFF TO COMPLETE
RESEARCH INTO WHETHER SHERBURNE COUNTY IS REQUIRED
TO HOLD PUBLIC HEARINGS FOR EXPANSION OF THE JAIL.
COUNCILMEMBER KUESTER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Public Safety Facility Payments
Councilmember Dietz stated that the city should discontinue all payments
(including to I~aus-Anderson and Tushie-Montgomery) on the Public Safety-City
Hall construction until all the work on the Public Safety facility is completed by
contractors.
City Administrator Pat I~aers stated that he had a conversation with Tushie-
Montgomery (TM) and Kraus-Anderson (KA) and they indicated they would be
sending out registered letters to the contractors that have unfinished work. Mr.
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August 18, 2003
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Klaers stated that the letter would threaten to pull the bonds of the contractors if
the work is not completed within a certain time. He stated that the Emergency
Operations Center (EOC) will take longer to complete due the to water damage and
insurance claims.
Councilmember Kuester suggested that representatives from KA and TM present
an update at the next Council meeting.
8. Staff Updates
Mr. Klaers stated that the Housing and Redevelopment Authority has invited the Council to
their next meeting to hear a presentation on the Housing Report prepared by staff.
COUNCILMEMBER MOTIN MOVED TO CALL A SPECIAL MEETING OF
THE CITY COUNCIL FOR MONDAY, AUGUST 25, 2003, AT 5:00 P.M., AT
LIONS PARK CENTER, TO HEAR THE HOUSING REPORT.
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Mr. Klaers stated that at the budget worksession meeting scheduled for next Monday, the
city will need to discuss its role regarding funding to the YMCA.
9. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 11:10 p.m.
Tina Allard
Recording Secretary