10-19-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, OCTOBER 19, 1998
Members Present:
Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and
Holmgren
Members Absent: None
Staff Present:
Pat Klaers, City Administrator; Sandra Peine, City Clerk; Phil Hals,
Street/Park Superintendent; Stephen Rohlf, Building and Zoning
Administrator; Jeff Asfahl, Community Recreation Director; Terry
Maurer, City Engineer; and Scott Harlicker, Planning Assistant
Also Present:
Doran Cote, Planning Commissioner and Duane Peterson, Park
and Recreation Commissioner
1. Call Meetinq 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 Aqenda
COUNCILMEMBER FARBER MOVED TO APPROVE THE OCTOBER 19, 1998, CITY
COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
3. Consider Consent Aqenda
COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1.
3.3.
3.4.
3.5.
3.6.
3.7.
10/12/98 COUNCIL MINUTES - APPROVED
REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 8TM) PUBLIC
HEARING - CASE NO. ZC 98-6 -- POSTPONED INDEFINITELY
REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD
(HILLSIDE 8TM) PUBLIC HEARING CASE NO. CU 98-20 -- POSTPONED
INDEFINITELY
REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL
(HILLSIDE 8T") PUBLIC HEARING CASE NO. P 98-4 -- POSTPONED INDEFINITELY
REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 9TM) PUBLIC
HEARING CASE NO. ZC 98-7 -- POSTPONED TO 11/16/98
REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD
(HILLSIDE 9TM) PUBLIC HEARING CASE NO. CU 98-21 -- POSTPONED TO
11/16/98
REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL
(HILLSIDE 9TM) PUBLIC HEARING CASE NO. P 98-5 -- POSTPONED TO
11/16/98
City Council Minutes
October 19, 1998
Page 2
4.1.
4.2.
4.3.
3.8.
3,9.
3.10.
3.11.
3.12.
3.13.
REQUEST BY COUNTRY RIDGE, INC. FOR PRELIMINARY PLAT APPROVAL
(COUNTRY CROSSING BUSINESS CENTER'3RI)) PUBLIC HEARING CASE NO. P
98-6 -- WITHDRAWN
REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT REGARDING
PARKING OF SEMI TRUCKS/TRAILERS, PUBLIC HEARING CASE NO. CA 98-5 -
POSTPONED TO 11/16/98
CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT REGARDING
SETBACKS ON CORNER LOTS, PUBLIC HEARING CASE NO. CA 98-4 --
POSTPONED TO 11/16/98
CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT REGARDING
OPEN SPACE SUBDIVISION REGULATIONS, PUBLIC HEARING CASE NO. CA
98-3 -- POSTPONED TO 11/16/98
PAY ESTIMATES
A. PAY ESTIMATE #2 TO VEIT AND COMPANY, INC. IN THE AMOUNT OF
$314,076.08 FOR WORK COMPLETED ON THE LAKE ORONO SEDIMENT
REMOVAL PROJECT - APPROVED
B. PAY ESTIMATE #3 TO REDSTONE CONSTRUCTION COMPANY, INC. IN
THE AMOUNT OF $52,776.84 FOR WORK COMPLETED ON THE BOSTON
STREET, RAILROAD DRIVE, GUARDIAN ANGELS AND JACKSON/HOLT
IMPROVEMENTS -- APPROVED
C. PAY ESTIMATE #3 TO HARDRIVES, INC. IN THE AMOUNT OF $76,960.05
FOR WORK COMPLETED ON THE UPLAND AVENUE SIGNAL AND
INTERSECTION IMPROVEMENTS -- APPROVED
REQUEST FOR AUTHORIZATION OF THE CITY'S PARTICIPATION IN THE
SNOWMOBILE SAFETY ENFORCEMENT PROGRAM AND AUTHORIZATION FOR
THE MAYOR TO SIGN THE AGREEMENT TERMS AND CONDITIONS RELATING
THE DEPARTMENT OF NATURAL RESOURCES SNOWMOBILE SAFETY
ENFORCEMENT GRANT PROGRAM - APPROVED
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED
5-0.
Call Special Meetinq to Canvass Election Results
COUNCILMEMBER THOMPSON MOVED TO CALL A SPECIAL MEETING FOR NOVEMBER
5, 1998, AT 5:00 P.M. TO CANVASS THE GENERAL MUNICIPAL ELECTION RESULTS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Utilities Commission Update
Councilmember Dietz updated the Council on issues discussed during the
October Utilities Commission meeting.
Community Recreation Update
Community Recreation Director Jeff Asfahl updated the Council on recent
Community Recreation activities.
Jeff informed the Council that the Watzes have moved from Elk River. He
indicated that the Youth Initiatives have recognized the efforts of the Wafzes in
working with the youth.
City Council Minutes
October 19, 1998
Page 3
4.4.
4.5.
4.6.
4.7.
4.8.
4.9.
COUNCILMEMBER THOMPSON MOVED TO RECOGNIZE THE WATZES FOR THEIR
EFFORTS IN CONTRIBUTING TO THE BETTERMENT OF THE YOUTH IN THE ELK RIVER
COMMUNITY. COIJNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Lake Orono Project
Steve Rohlf informed the Council that the Lake Orono project is nearing
completion and that if is anticipated that the wafer level will begin to rise on
October 21.
Northstar Corridor Update
Scott Harlicker updated the Council on the October 1, 1998 Northstar Corridor
Development Authority meeting. He also informed the Council of the Northstar
Corridor open house fo be held on Tuesday, October 20.
Boys and Girls Club Update
Councilmember Thompson updated the Council on the progress of the Boys and
Girls Club.
Hiring Maintenance I Worker
COUNClLMEMBER FARBER MOVED TO HIRE DENNIS TOTH AS A MAINTENANCE I
WORKER FOR THE STREET DEPARTMENT BEGINNING AT LEVEL "A", $9.44 PER HOUR,
CONTINGENT UPON HIS PASSING A PRE-EMPLOYMENT DRUG TEST.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Consider Resolution for Railroad Trail Grant
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-113 IN SUPPORT
OF THE 1998 LCMR COOPERATIVE TRAIL GRANT PROGRAM. COUNCILMEMBER
FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Highway 169 Pedestrian Bridge Update/Video
City Engineer Terry Maurer informed the Council that he is in the process of
beginning the design work on the Highway 169 pedestrian overpass. He
indicated that some of the key issues in which he will be requesting council input
relate to materials, style of construction, maintenance and financing. Terry
Maurer showed a video consisting of several bridges from around the Twin Cities
area.
Following review of the video, it was the consensus of the Council that Options 9
and 11 were the top choices with Option 11 (concrete style) and a through Orider
design being the first choice. If was also the consensus of the Council that Phil
Hals research the styles of bridges to ensure that the style chosen will allow for
ease of snow removal.
City Council Minutes
October 19, 1998
Page 4
4.10.
6.1.
6.2.
Consider EVP Opticon System
City Engineer Terry Maurer indicated that the city has received approval from
MnDOT to proceed with the bidding process for the EVP Opticon System.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-114 APPROVING
THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN
THE MATTER OF THE EMERGENCY VEHICLE PRE-EMPTION/LED SIGNAL INDICATORS
IMPROVEMENT OF 1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
Open Mike
No one appeared for open mike.
Request by Robert & Joyce Danforth for Easement Vacation, Public Hearinq Cas~.
No. EV 98-7
Planning Assistant Scott Harlicker indicated that Robert and Joyce Danforth have
made application for the vacation of a roadway easement on Lot 11 and a
portion of Lot 12, Block 2 in Palmer's 1st Addition. 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 DIETZ MOVED TO ADOPT RESOLUTION 98-115, CASE NO. EV 98-7,
FOR VACATING A ROADWAY EASEMENT ALONG THE SOUTH 17 FEET OF LOT 11,
BLOCK 2 PALMERS IsT ADDITION AND THAT PART OF LOT 12, BLOCK 2, PALMER'S
FIRST ADDITION WITH THE FOLLOWING CONDITIONS:
THAT THERE ARE NO BURIED UTILITIES WITHIN THE ROADWAY EASEMENT BEING
VACATED.
2. THAT THE DRAINAGE AND UTILITY EASEMENT REMAIN IN PLACE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Request by Applebee's for Variance to Si.qn Ordinance, Public Hearin.q Case No.
V 98-9
Planning Assistant Scott Harlicker indicated that Applebee's has made
application for a variance to the sign ordinance. The applicant is requesting to
add one additional wall sign located on the rear of the building facing Highway
169. The applicant claims that the hardship is due to lack of visibility from
Highway 169 when traveling south. Scott Hariicker indicated that the Board of
Adjustments voted to deny the request because the applicant did not meet the
criteria for granting a variance.
Mayor Duitsman opened the public hearing.
City Council Minutes
October 19, 1998
Page 5
0
Evelyn Witson, business owner, indicated that Applebee's does not wish to
remove existing signs from the building as it will deface the building. The Council
suggested allowing Applebee's to remove the monument sign from Freepod
Avenue to the back of the building.
Following discussion it was the consensus of the Council that visibility of the
restaurant was difficult for those traveling south on Highway 169 and that the new
bridge in 1999 will make the visibility worse. The council consented to allow the
existing monument sign on Freeport Avenue to be moved to the rear of the
building as long as this is consistent with the CUP and no utilities are impacted.
There being no further comments for or against the matter, Mayor Duitsman
closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO DENY THE VARIANCE FOR A 4TM WALL
SIGN REQUESTED BY APPLEBEE'S BASED ON THE FOLLOWING FINDINGS:
LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP.
THE APPLICANT COULD MOVE ONE OF THE OTHER SIGNS TO A LOCATION THAT IS
MORE VISIBLE FROM HIGHWAY 169.
THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT
DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME
DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER BUSINESSES ALONG
HIGHWAY 169 MADE A MARKETING DECISION TO PLACE ONE OF THEIR
ALLOWED SIGNS SO THAT IT WOULD BE VISIBLE FROM HIGHWAY 169.
THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE A CONSEQUENCE OF THE
PETITIONER'S OWN ACTION OR INACTION. THE FACT THAT THE APPLICANT DID
NOT FORESEE THE IMPACT THE RETAIL CENTER WOULD HAVE ON THE VISIBILITY OF
THEIR SIGNAGE IS A RESULT OF THE APPLICANT'S INACTION. HOWEVER, THIS
COULD BE ADDRESSED BY RELOCATING ONE OF THE EXISTING SIGNS.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Other Business
7.1. Review of Park Bond Referendum Informational Video
City Administrator Pat Klaers updated the Council on the park bond referendum.
He indicated that a video has been put together in order to help the public
become more informed about parks Jn general and the referendum question
prior to the election. The video was viewed by the Council.
7.2. Request Purchase of Vehicle for Buildinq Maintenance Worker
City Administrator Pat Klaers requested Council authorization to allow Phil Hals to
attend a State of Minnesota Auction in anticipation of purchasing a van for the
Building Maintenance Worker. Pat Klaers indicated that the van will cost
approximately $7,000 - $9,000.
City Council Minutes
October 19, 1998
Page 6
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PURCHASE OF A VEHICLE
{VAN) FOR THE BUILDING MAINTENANCE WORKER. COUNCILMEMBER THOMPSON
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.3. Library Si.qn
City Administrator Pat Klaers reviewed the design of the new library sign and
advised the Council that the estimate was under $3,500.
8. Staff Updates
No staff updates.
9. Adjournment
There being no fur}her business, MAYOR DUITSMAN ADJOURNED THE COUNCIL
IVlEETING.
The meeting of the City Council adjourned at 7:50 P.M.
Respectfully submitted,
Sandra Peine
City Clerk