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01-20-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 20, 1998 Members Present: Members Absent: Staff Present: Also Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren None Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Ach, City Planner; TerTy Maurer, City Engineer; Peter Beck, City Attorney; Tom Zerwas, Chief of Police; Phil Hals, Sfl'eet/Park Superintendent Louise Kuester, Planning Commission Representative Call Meetin.c! 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 A.qenda Item 4.10., MIS Coordinator, was added to the agenda. COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 0. Consider Consent A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3,1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. CHECK REGISTER - APPROVED 1/5/98 CITY COUNCIL MINUTES - APPROVED PAUL KRAUSE REQUEST FOR CONDITIONAL U~ E PERMIT, CU 97-28 (POSTPONED TO FEBRUARY 17, 1998)- APPROVED CONDITIONAL USE PERMIT REQUEST BY ELK RIVER SHOPPING CENTER, CU 97-29 (POSTPONED TO FEBRUARY 17, 1998) - APPROVED CONDITIONAL USE PERMIT REQUEST BY ELK RIVER SHOPPING CENTER, CU 97-30 (POSTPONED TO FEBRUARY 17, 1998) - APPROVED LAND USE AMENDMENT REQUEST BY GUARDIAN ANGELS OF ELK RIVER, LU 97-2 (POSTPONED TO FEBRUARY 9, 1998) - APPROVED ZONE CHANGE REQUEST BY GUARDIAN ANGELS, ZC 97-4 (POSTPONED TO FEBRUARY 9, 1998) - APPROVED CONDITIONAL USE PERMIT REQUEST BY GUARDIAN ANGELS, CU 97-20 (POSTPONED TO FEBRUARY 9, 1998) - APPROVED PRELIMINARY PLAT APPROVAL (ORONO SHORES) REQUEST BY GUARDIAN ANGELS, P 97-12 (POSTPONED TO FEBRUARY 9, 1998) - APPROVED Elk River City Council Minutes January_ 20, 1998 Page 2 3.10. 3.11. 3.12. 3.13a. 3.13b. 3.14. 3.15. 3.16. 3.17. 3.18. PRELIMINARY PLAT APPROVAL (HIDDEN CREEK), P 97-17 (POSTPONED TO FEBRUARY 17, 1998) - APPROVED RENEWAL OF SOLID WASTE COLLECTION LICENSES PENDING VERFICATION OF REQUIRED INSURANCE - APPROVED AUTHORIZATION FROM FINANCE DIRECTOR TO ATTEND NATIONAL CONFERENCE - APPROVED PAY ESTIMATE #4 IN THE AMOUNT OF $19,523.30 TO COLLISYS, INC. FOR WORK COMPLETED ON THE HIGHWAY 169 FENCING AND LIGHTING PROJECT - APPROVED PAY ESTIMATE #3 IN THE AMOUNT OF $50,569.95 TO ELECTRIC SERVICE COMPANY OF MINNEAPOLIS FOR WORK COMPLETED ON THE 197TM SIGNAL RESOLUTION 98-5 APPROVING PREMISES PERMIT RENEWAL FOR THE AMERICAN LEGION POST #112- APPROVED AMENDMENT TO LIQUOR LICENSE FOR DICK'S MAIN TAP TO ALLOW JAMES EISENSCHENK TO BECOME AN OFFICER OF THE CORPORATION - APPROVED RESOLUTION 98-6 CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE MODIFICATION OF DEVELOPMENT DISTRICT NO. I AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 19 - APPROVED SPECIAL ASSESSMENT REAPPORTIONMENTS FOR PLATTED AND SUBDIVIDED PROPERTY IN COUNTRY CROSSING, BUSINESS CENTER 2ND, AND ELK RIVER VILLAGE CIC#8 - APPROVED REQUEST TO ALLOW THE CITY PLANNER AND TWO PLANNING COMMISSION REPRESENTATIVES TO ATTEND OUT OF STATE CONFERENCE - APPROVED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 0. 4.1. Consider Old Nodhbound Shelvin,q and Cooler Bids and Update on 1/31/98 Nodhbound Open House The City Administrator informed the Council that the city received two bids for the purchase of the shelving and coolers at the old Nodhbound Liquor store. The City Administrator recommended that the Council award the bid to the highest bidder. COUNCILMEMBER FARBER MOVED TO AWARD THE BID FOR THE PURCHASE OF THE SHELVING AND COOLERS FROM THE OLD NORTHBOUND LIQUOR STORE TO CHRIS RUZlCKA IN THE AMOUNT OF $4,457.00. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator updated the City Council on events that will take place during the Nodhbound Liquor open house to be held on January 31, 1998. 4.2. Utilities Commission Update Councilmember John Dietz, representative on the Elk River Municipal Utilities Commission, updated the Council on current activities that were discussed during the December and January Utilities Commission meetings. Elk River City Council Minutes January 20, 1998 Page 3 4.3. 4.4. 4.5. 4.6. 4.7. Update on Lion's Club Buildin.q Proiect and Lion's Park and on Boys and Girls Club Councilmember Thompson informed the Council that the board of directors for the Boys and Girls Club has met with the director of finance of the Boys and Girls Club to discuss the first year operating budget. He indicated that the building committee will be meeting with the executive director of the St. Paul Boys and Girls Club at a later date to discuss the designing of the Club. He further indicated that the constitution and bylaws have been unanimously passed by the temporary board. A finance and property committee has been appointed and a development and marketing committee has also been appointed by the temporary board. The temporary board has voted to name the club "Lion's Park Boys and Girls Club." Consider Request to Hire Plannin,q Intern City Planner Steve Ach indicated that hiring of a planning intern is included in the budget for a six month period. He requested the Council to consider hiring Stephen Wensman for a six month period. He informed the Council that prior to the six month internship expiring he would evaluate the position and discuss it with the Council to consider converting the position to full time. MAYOR DUITSMAN MOVED TO AUTHORIZE THE CITY TO HIRE STEPHEN WENSMAN FOR A SIX MONTH PERIOD AS A PLANNING INTERN AT $11.00 PER HOUR. COUNCIl. MEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Call Special Meetin,q for March 30, 1998 COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL FOR MARCH 30, 1998, FOR THE PURPOSE OF MEETING WITH THE SHERBURNE COUNTY BOARD OF COMMISSIONERS TO DISCUSS ISSUES RELATING TO BOTH BODIES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Resolution of Support for CSAH 13fryler Street ISTEA Application COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-7 IN SUPPORT OF THE COUNTY STATE AID HIGHWAY 13/TYLER STREET ISTEA APPLICATION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request Fundin,cl for Youth Camp Phil Hals informed the Council that the city Safety Committee is proposing to do a two day safety camp on June 9th and 10th in Lion's Park for area youth ages 7- 11. Phil Hals requested funding from the city in an amount not to exceed $2,000. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE FUNDING FOR THE SAFETY CAMP IN AN AMOUNT NOT TO EXCEED $2,000. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes January 20, 1998 Page 4 4.8. 4.9. 4.10. Consider Purchase of Street Department Equipment Street/Park Superintendent Phil Hals requested authorization to purchase a sign printer in the amount of $3,400. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PURCHASE OF A SIGN PRINTER FOR THE STREET/PARK DEPARTMENT IN THE AMOUNT OF $3,400. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Phil Hals indicated that the 1998 equipment certificate budget identifies $31,650 for the purchase of three used pick up trucks. Phil indicated that he has located three trucks which he is interested in purchasing; a 1991 Chevrolet C2500, a 1998 Ford F250, and a 1990 Chevrolet K3500. COUNCILMEMBER FARBER MOVED TO PURCHASE THE FOLLOWING VEHICLES FOR THE STREET/PARK DEPARTMENT WITH FUNDING OF $31,650 FROM 1998 EQUIPMENT CERTIFICATES AND THE BALANCE TO COME FROM THE EQUIPMENT RESERVE FUND: 1991 C2500 AT $9,675; 1998 FORD F250 AT $10,000; 1990 CHEVROLET K3500 AT $12,800. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Acquisition of Two Snowmobiles for Police Department The police chief presented the Council with quotes to purchase snowmobiles to be used for patrolling purposes. Discussion was held by the Council as fo whether it is necessary fo purchase two snowmobiles. Police Chief Zerwas recommended that for safety purposes he would prefer that two machines be purchased. He further stated that if it is the Council's wish to purchase only one machine the City of Elk River could contact Sherburne County or the DNR for the purpose of working together on the snowmobile patrol. MAYOR DUITSMAN MOVED TO PURCHASE ONE 1998 YAMAHA 600 XTC FOR $4,451 FROM RIVERVIEW SPORTS WITH FUNDING FROM THE 1997 COUNCIL CONTINGENCY AS PREVIOUSLY DISCUSSED AS PART OF THE 1997 BUDGET AMENDMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. MIS Coordinator Position The City Administrator indicated that the finance director is requesting authorization to hire an MIS Coordinator under a joint power agreement with other cities. He explained that this position would be shared by other cities. The position is expected to cost approximately $55,000 per year including benefits and the city is requesting one day per week at $11,000 per year. He indicated that the 1998 data processing budget presently includes $$,000 for consulting services and that the finance director is suggesting that the remaining $6,000 come from the Council Contingency Fund. COUNCILMEMBER FARBER MOVED TO APPROVE A SHARED MIS COORDINATOR POSITION WITH THE CITY OF CHAMPLIN FOR 8 HOURS PER WEEK WITH $5,000 OF THE FUNDING TO COME FROM THE DATA PROCESSING BUDGET AND THE Elk River City Council Minutes Januar_v 20, 1998 Page 5 REMAINING $6,000 FROM THE COUNCIL CONTINGENCY FUND. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6.1. Request by Rick Fredericksen for Administrative Subdivision, AS 97-8 City Planner Steve Ach stated that Rick Fredericksen is requesting an administrative subdivision to subdivide 57 acres into a 3.43 acre lot and a 53 acre lot. The property is located at 13261 Ranch Road. Mayor Duitsman opened the public hearing. Mrs. Brandt questioned what the owner would be doing with the remaining parcel of property. Mr. Fredericksen indicated that at the present time he would be leaving the property as open space. There being no other comments for this issue, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE AN ADMINISTRATIVE SUBDIVISION REQUEST BY RICK FREDERICKSEN TO SUBDIVIDE A 57 ACRE PARCEL OF PROPERTY INTO A 3.43 ACRE LOT AND A ,~3 ACRE LOT AT 13261 RANCH ROAD WITH THE FOLLOWING CONDITIONS: A GRANT OF EASEMENT BE PREPARED AND EXECUTED GRANTING A 50 FOOT HALF RIGHT-OF-WAY ALONG COUNTY ROAD 33. THE 50 FOOT HALF RIGHT-OF- WAY SHALL APPLY TO BOTH PARCELS. PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $650 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $61.80 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 4. DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG THE PROPERTY LINES OF THE PROPOSED 3.43 ACRE PARCEL. FURTHER SUBDIVISION OF THE 53 ACRE PARCEL IS LIMITED TO 4 LOTS AND A DEED RESTRICTION BE PUT IN PLACE THAT RESTRICTS FURTHER SUBDIVISION TO 4 LOTS. THE REAR PROPERTY LINE OF THE 3.4 ACRE PARCEL WILL HAVE TO BE ADJUSTED SO THAT A 50 FOOT SETBACK IS MAINTAINED BETWEEN THE METAL SHED AND THE PROPERTY LINE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5- 0. Elk River City Council Minutes January 20, 1998 Page 6 6.2. 6.3. 6.4. Request for Final Plat Approval for the Morrell Addition, P 97-10 City Planner Steve Ach indicated that Larry Morrell has requested final plat approval for the Morrell Addition to plat approximately 23.5 acres into one industrial lot at the southwest corner of 171,t Avenue and the Burlington Northern Railroad. Steve Ach reviewed the staff report on this issue and noted a change in condition # 12. COUNClLMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-8 GRANTING FINAL PLAT APPROVAL FOR MORRELL ADDITION, CASE P 97-10. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Request by Living Waters Church for Temporary Use of the Video Update Space at the Elk River Mall, Case No. GP 98-2 City Planner Steve Ach indicated that the Living Waters Church is requesting to temporarily use the Video Update space at the Elk River Mall to conduct a two month evangelistic crusade. Steve Aah stated that if the church meetings continue to be successful, the church has indicated that it would be applying for a conditional use permit to use the space on a more permanent basis. Counailmember Farber indicated his concern about having a church in a retail mall. COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE LIVING WATERS REQUEST TO CONDUCT A TWO MONTH EVANGELISTIC CRUSADE BEGINNING FEBRUARY 1, 1998, WITH THE FOLLOWING CONDITIONS: THE BUILDING OFFICIAL AND FIRE CHIEF SHALL INSPECT THE SPACE TO BE UTILIZED AND APPROVE OF ALL PUBLIC SAFETY ISSUES PRIOR TO OCCUPANCY. 2. DATES OF THE CRUSADE BE FROM FEBRUARY 1 TO MARCH 15, 1998. 3. THE NIGHTLY MEETINGS SHALL NOT EXTEND PAST 11 P.M. ANY PARKING PROBLEMS THAT MAY ARISE AS A RESULT OF THE NIGHTLY MEETINGS SHALL BE A BASIS FOR COUNCIL REVIEW OF THE GENERAL PLANNING PERMIT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request for Final Plat Approval, Park Knoll, by Derrick Investment Companies, P 97-19 City Planner Steve Ach stated that Derrick Investment Company is requesting final plat approval for Park Knoll, consisting of 7 single family lots. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-9 GRANTING FINAL PLAT APPROVAL FOR PARK KNOLL, P 97-19. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes Januaw 20, 1998 Page 7 6.5-6. Request by the City of Elk River for Land Use Plan Amendment and Rezonin.q, LU 97-6 and ZC 97-8 City Planner Steve Ach stated that the City of Elk River is initiating the land use plan amendment from Iow density residential to medium density residential and rezoning from Rla (single family residential) to Rle (single family residential). He explained that the affected property is approximately 480 acres, bounded by County Road 12 on the north, Tyler Street alignment on the west, 175th Avenue on the south, and Filmore Street on the east. He indicated that the land use plan amendment and rezoning requests are being presented as a result of recent changes to the urban service boundary. Steve Ach reviewed the staff memo on this issue. He stated that one of the conditions is that the area would not be served by sewer and water until the year 2007 unless the Council was requested to amend the comprehensive plan. He further stated that the medium density residential is more consistent with other properties within the urban service boundary. Steve Ach indicated that the Planning Commission reviewed the request and recommended approval 3- 2. Mayor Duitsman opened the public hearing. Dennis Chuba, 10451 175~ Avenue NW, indicated his concern about the probability of subdividing his lot. He further indicated his concern about the assessment policy and how the lots will be assessed. Leroy Brown, 175· Avenue NW, indicated his concern about how the rezoning and land use plan amendment would affect his property when sold. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 98-10 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE OF CERTAIN PROPERTIES FROM LR (LOW DENSITY RESIDENTIAL) TO MR (MEDIUM DENSITY RESIDENTIAL), LU 97-6. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 98-1 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM RIA TO RIE, ZC 97-8. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Request by Elk River Municipal Utilities for Administrative Subdivision, AS 97-9 City Planner Steve Ach stated that the Elk River Municipal Utilities is requesting an administTative subdivision to create a 1.2+ acre lot for a well filtering plant, backwash seepage pond, and future water tower site north of Meadowvale Elementary School and immediately west of the city trail. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Elk River City Council Minutes Page 8 January 20, 1998 Jim Nord, adjoining property owner, questioned the north dimension of the lot and when the water tower would be built. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Dietz questioned why the city was charging the Utilities park dedication and surface water management fees. Steve Ach stated that the city tries to be consistent and treats the city as it would everyone else. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY ELK RIVER MUNICIPAL UTILITIES TO CREATE A 1.2+ ACRE PARCEL FOR FUTURE CONSTRUCTION OF NECESSARY UTILITIES TO SERVE THE AREA OF THE COMMUNITY WITH THE FOLLOWING CONDITIONS: PARK DEDICATION IN THE AMOUNT OF $650 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION WITH SHERBURNE COUNTY. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $137.69 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION WITH SHERBURNE COUNTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 6.8. Request by City of Elk River for Ordinance Amendment Re.qardin.q Chan.qeable Copy Signs, OA ~]7-16 City Planner Steve Ach stated that the City of Elk River is initiating an ordinance amendment to establish regulations regarding changeable copy signs. Steve Ach indicated that the Planning Commission requested staff to draft an ordinance amendment to regulate electronic reader boards. Steve Ach reviewed the proposed ordinance. He indicated that if the ordinance is adopted, the Northbound Liquor store electronic reader board sign and the Holiday sign would be a grandfathered use. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Thompson indicated that the ordinance should be made so that the Northbound electronic sign can be in compliance. He further indicated that it is not fair for other businesses to be in competition with the city. Planning Commission Representative Louise Kuester indicated that the Planning Commission recommended approval of the ordinance and felt that electronic reader boards were a safety hazard. Discussion was held by the Council regarding the fact that if the ordinance is adopted, the city's electronic reader board would be the only sign of this type allowed in the city. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE ISSUE FOR ONE MONTH TO ALLOW TIME TO REVIEW THE ORDINANCE SO THAT EITHER NORTHBOUND LIQUOR Elk River City Council Minutes Page 9 Januaw 20, 1998 STORE IS IN CONFORMANCE WITH THE ORDINANCE OR THE ORDINANCE MAKES THE LIQUOR STORE SIGN A LEGAL USE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. City of Elk River Request for Ordinance Amendment Re.qardin.q Boulevard and Yard Trees, OA 97-17 City Planner Steve Ach indicated that the city is requesting an ordinance amendment to amend the subdivision regulations to require one boulevard tree and one front yard free per lot in residential subdivisions. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public headng. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 98-2 AMENDING SECTION 1008.14 OF THE CITY CODE, OA 97-17. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business Mayor Duitsman indicated that he is requesting the Council to authorize the city administrator to negotiate with the Watzes on the lease of the old Northbound Liquor store site to use for the Watz Up~ Caf~ Club now that the coolers will be removed. Councilmember Thompson indicated that his major concern was the status of profit versus nonprofit. He stated that if the use is nonprofit he would be in favor of the Mayor's request. Councilmember Holmgren stated that the city should review this with the county assessor so that the city is aware of the property taxes. He further stated he felt that the city should have the property appraised to find out the exact value of the property and how improvements to the store made by the Watzes will affect the value. Councilmember Farber indicated he would not like to see a very long extended lease as the property is too valuable. MAYOR DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO NEGOTIATE WITH THE WATZES ON A LEASE FOR THE OLD NORTHBOUND LIQUOR STORE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Holmgren abstained due to the lack of an appraisal. 8. Staff Updates There were no staff updates. Elk River City Council Minutes Januaw 20, 1998 Page 10 9. Adjournment There being no further business, MAYOR DUITSMAN ADJOURNED THE MEETING AT 7:50 P.M. Respectfully submitted, City Clerk