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07-20-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 20, 1998 Members Present: Mayor Duifsman, Councilmembers Diefz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Scott Harlicker, Planning Assistant; Terry Maurer, City Engineer; Steve Rohlf, Building and Zoning Administrator; Jeff Asfahl, Community Recreation Director Also Present: Judy Thompson, Planning Commission Representative 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 Duifsman. 2. Consider A.qenda Item 6.5, Request by Cargill for Appeal of Building Permit Denial Decision, was moved to Item 2.1. COUNClLMEMBER FARBER MOVED TO APPROVE THE JULY 20, 1998, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 2.1, Request by Car.qill, Inc. for Appeal of Buildin.q Permit Denial Decision, Public Hearing Case No. GP 98-11 COUNClLMEMBER FARBER, AT THE REQUEST OF THE PETITIONER, MOVED TO CONTINUE THIS ISSUE TO THE AUGUST 17, 1998, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent A,qenda COUNClLMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3,4. CHECK REGISTER - APPROVED 7/6/98 CITY COUNCIL MINUTES - APPROVED REQUEST FOR TEMPORARY PREMISES EXTENSION FOR ON SALE LIQUOR BY APPLEBEES - APPROVED REQUEST FOR TEMPORARY PREMISES EXTENSION FOR ON SALE LIQUOR BY EAGLES - APPROVED Elk River City Council Minutes July 20, 1998 Page 2 3.5. PAY ESTIMATE #2 TO RICHARD KNUTSON, INC. IN THE AMOUNT OF $131,338.30 FOR WORK COMPLETED ON THE BUSINESS CENTER DRIVE IMPROVEMENT - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Utilities Commission Update Counciimember Dietz, representative of the Elk River Municipal Utilities Commission, updated the City Council on issues discussed at the June 9 and July 14 Utilities Commission meetings. 4.2. Boys and Girls Club Update Councilmember Thompson, chair of the temporary Board of Directors of the Elk River Boys and Girls Club updated the City Council on the Boys and Girls Club project. 4.3. Northstar Corridor Project Update Planning Assistant Scott Harlicker updated the City Council on the recent July 9 Northstar Corridor Development Authority meeting. Discussion pursued regarding the proposed station for downtown Elk River. A resident in the audience indicated his concern regarding the train stopping in Elk River and the fact that there will be a possibility of increased crime in the city as a result of the station being located in Elk River. Mayor Duitsman indicated that there would be an opportunity for citizen input at public hearings to be scheduled within the next few months. 4.4. Community Recreation Board Update Community Recreation Director Jeff Asfahl updated the City Council on Community Recreation programs and activities that have taken place this summer. 4.5. Lake Orono Sediment Removal Project City Engineer Terry Maurer informed the Council that Steve Rohlf has successfully completed negotiations with the landowners for the deposition of the Lake Orono sediment. Terry Maurer recommended award of the contract to Veit and Company, Inc. as the lowest responsible bidder. Terry Maurer indicated that the base bid of Veit and Company is $469,962. He further indicated that the city will be recommending awarding two of the five alternate bids. The first alternate relates to erosion protection of the Lake Orono Cemetery and was bid at $51,412.00. Terry Maurer indicated that due to an error the first alternate bid is actually $25,000. The second alternate relates to hauling the material to Tim Smith's property at a cost of approximately $7,000. Terry further indicated that he is negotiating a change order to reduce the amount of the erosion protection bid due to the calculation error relating to square yards versus square footage. Elk River City Council Minutes July 20, 1998 Page 3 COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-83 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE LAKE ORONO SEDIMENT REMOVAL IMPROVEMENT OF 1998 AND TO APPROVE THE TWO ALTERNATE BIDS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4.6. City Engineer Update City Engineer Terry Maurer updated the City Council on the status of current ongoing projects. 5. Open Mike Gary Balcom, 14054 Victoda Lane NW, indicated his concern regarding a neighbor who is a truck driver and the damage that the truck will do to Victoria Lane. He indicated that he was aware the Council had discussed the issue with the truck driver. He further stated that he would like to have received a notice so that he could have voiced his concerns at that meeting. He further indicated that there were more concerns regarding the truck driver than just the impact the truck would have on the street. Mayor Duitsman indicated that the City Council will be discussing this issue again and that the people in the area would be notified of the meeting. 6.1. Revision to Solid Waste Facility by Elk River Landfill, Inc. Public Hearing Case No. CU 97-18. Building and Zoning Administrator Steve Rohlf indicated that the Elk River Landfill is proposing to construct a new demolition debris cell at their facility. He indicated that this proposal requires a revision to the Landfill's conditional use permit and solid waste facility license. Steve Rohlf reviewed the issues relating to the construction of the demolition debris cell. Steve Rohlf distributed a letter from Leisch Associates, Inc. dated July 16 which discusses three outstanding concerns regarding the issue. Steve Rohlf indicated that the three concerns have been addressed by the Elk River Landfill and also indicated that the proposal has been modified to meet the concerns. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO RENEW THE CONDITIONAL USE PERMIT AND SOLID WASTE FACILITY LICENSE FOR THE ELK RIVER LANDFILL FOR A TWO YEAR PERIOD FOR THE CONSTRUCTION OF A NEW DEMOLITION DEBRIS CELL AT THE FACILITY WITH THE STIPULATION THAT THE THREE ISSUES ADDRESSED IN THE JULY 16, 1998, B.A. LEISCH ASSOCIATES, INC. LETTER BE MET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Lee Whiting Administrative Subdivision Public Hearinq Case No. AS 98-4 Planning Assistant Scott Harlicker indicated that Lee Whiting is requesting an administrative subdivision to subdivide 43 acres into a ten acre lot and a 33 acre Elk River City Council Minutes July 20~ 1998 Page 4 lot. The property is located north of County Road 33 at the 215th Avenue alignment. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCIl. MEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY LEE WHITING TO SUBDIVIDE 43 ARES INTO TWO LOTS WITH THE FOLLOWING CONDITIONS: DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG THE RPOPERTY LINES OF THE PROPOSED 10 ACRE PARCEL 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. FURTHER SUBDIVISION OF THE 43 ACRE PARCEL IS LIMITED TO TWO LOTS FOR A TOTAL OF FOUR LOTS AND A DEED RESTRICTION BE RECORDED THAT RESTRICTS FURTHER SUBDIVISION TO TWO LOTS. THAT THE APPLICANT RECEIVE A DRIVEWAY PERMIT FROM SHERBURNE COUNTY PRIOR TO CONSTRUCTION OF A SINGLE FAMILY HOME. GRANTING OF EASEMENT BE PREPARED AND EXECUTED GRANTING A FIFTY FOOT HALF RIGHT-OF-WAY ALONG COUNTY ROAD 33. THE FIFTY FOOT HALF RIGHT-OF-WAY SHOULD APPLY TO BOTH PARCELS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. David and Judith Dirkes Request for Administrative Subdivision Public Hearing Case No. AS 98-3 Assistant Planner Scott Harlicker indicated that David and Judith Dirkes are requesting an administrative subdivision to separate Lot 4 from $ and adjust the common lot line. The property is located at 18402 Boston Street NW, Lots 4 and 5, Heath Subdivision. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY DAVID AND JUDITH DIRKES TO SEPARATE LOTS 4 AND .r, IN THE HEATH SUBDIVISION AND ADJUST THE COMMON PROPERTY LINE WITH THE FOLLOWING CONDITIONS: THAT FIVE FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG THE SIDE PROPERTY LINES AND TEN FEET ALONG THE FRONT PROPERTY LINES OF THE PROPOSED PARCELS. Elk River City Council Minutes July 20, 1998 Page 5 6.4. 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. o PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $137.50 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. THAT THE ADMINISTRATIVE SUBDIVISION BE RECORDED AFTER THE SEWER AND WATER IMPROVEMENTS ARE COMPLETED AND THE DEFERRED ASSESSMENTS WILL BE DUE AND PAYABLE FOR THE NEWLY CREATED LOT. Scott Harlicker informed the Council that stipulation #4 had a revision which indicates that the deferred assessments will be due and payable for the newly created lot. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED .~-0. Request by US West Wireless for Variance, Public Hearin,q Case No. V 98-5 Planning Assistant Scott Harlicker indicated that US West Wireless is requesting a variance to the setback requirements to construct a 150 foot tall self supporting mono pole. He further indicated that US West is proposing to lease an area approximately 32 feet by 32 feet to construct the pole. The property being leased is part of a 2 acre lot located in the Elk River Industrial Park. He informed the Council that the proposed 150 foot high tower requires a 150 foot setback, from all property lines. He explained that the proposed setbacks for the antenna tower are as follows: 190 feet from the south property line; 110 feet from the north property line; 90 feet from the west property line; and 90 feet from the east property line. Scott Harlicker informed the Council that the Board of Adjustments voted to deny the variance based on the findings that the applicant did not meet four of the five standards necessary to grant a variance. Scott Harlicker informed the Council that staff is presently reviewing the ordinance pertaining to these variance requirements and will be proposing to reduce the setback requirements for this type of use. Mayor Duitsman opened the public hearing. Ken Nielsen, representing US Wireless, requested the City Council to approve the variance. He indicated that there are surrounding communities with poles in the same situation who have granted variances to US Wireless to allow construction of the poles. Mayor Duitsman indicated that this issue should be reviewed again by the Planning Commission prior to the City Council making a decision. There being no further comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO DENY THE VARIANCE REQUESTED BY US WEST WIRELESS AND DIRECTED THE PLANNING COMMISSION TO REVIEW THE Elk River City Council Minutes July 20, 1998 Page 6 SETBACK REQUIREMENTS AND TO THEN RECONSIDER THE REQUEST BY US WEST WIRELESS FOR THE CONSTRUCTION OF THEIR POLE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Coun¢ilrnernber Father opposed. 6.5. Request by Car.qill for Appeal to Buildinq Permit Decision, Case No. GP 98-1 This item was moved to Item 2.1. on the Council agenda. 6.6. Sale of City Property at Hi.qhway 169 and Holt Planning Assistant Scott Harlicker indicated that the Planning Commission recently concluded by vote that the sale of city property located at the intersection of Holt Street, 193rd Avenue, and Highway 169 was consistent with the city's Comprehensive Plan. He indicated that the Commission discussed the issue of preserving the existing pine trees on the property. Discussion was held by the Council regarding methods that could be taken to ensure the conservation of the pine trees. It was the consensus of the City Council to have the city attorney prepare language in the purchase agreement indicating that the pine trees would be preserved or replaced if it was impossible to preserve the trees. It was further the consensus that the language be brought back to the City Council for review. 6.7. Update on Trott Brook Farms Project City Administrator Pat Klaers indicated that the Planning Commission held a worksession on 7/14/98 to discuss the Trott Brook Farms project. He further indicated that it is proposed that the City Council will review the Trott Brook Farms proposal some time in August. 7. Other Business AdministratiOn Department Secretary City Administrator Pat Klaers informed the Council that Secretary Joni Pearson has submitted her resignation. He indicated that Joni has accepted another position. Pat Klaers requested that the Council consider matching Joni's offer which would be an increase of about $1.20 per hour. COUNCILMEMBER THOMPSON MOVED TO APPROVE AN INCREASE IN JONI PEARSON'S SALARY TO $12.00 PER HOUR EFFECTIVE IMMEDIATELY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Buildinq and Zonin.q Department Secretary The City Administrator requested the Council to consider offering the position of Secretary/Receptionist for the Building and Zoning department to Deborah Long at .$10.50 per hour. MAYOR DUITSMAN MOVED TO OFFER DEBORAH LONG THE POSITION OF SECRETARY/RECEPTIONIST FOR THE BUILDING AND ZONING DEPARTMENT AT $10.50 Elk River City Council Minutes July 20, 1998 Page 7 PER HOUR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Duitsman adjourned the meeting at 7:30 p.m. Respectfully submitted, Sandra Peine City Clerk