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11-16-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 16, 1998 Members Present: Members Absent: Staff Present: Also Present: Mayor Duifsman, Councilmembers Diefz, Farber, Holmgren and Thompson None Pat Klaers, City Administrator; Scott Harlicker, Planning Assistant; Steve Wensman, Planner; Tom Zerwas, Police Chief; Laurie Mezera-Kerr, Code Enforcement Officer; Debbie Huebner, Recording Secretary Jeff Asfahl, Community ReCreation Director o Call Meetin,q To Order Pursuant fo due call and notice thereof, the meeting of the Elk River City Council was called to order af 6 p.m. by Mayor Duitsman. Consider 11/16/98 A.qenda The following items were added to the Council agenda: -Mayor Duitsman items under "Other Business" COUNCILMEMBER FARBER MOVED TO APPROVE THE NOVEMBER 16, 1998, CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED $-0. Consider Consent Aqenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 11/5/98 BOARD OF CANVAS MINUTES - APPROVED 3.2. 11/9/98 CITY COUNCIL MINUTES - APPROVED 3.3. REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 9TM) PUBLIC HEARING CASE NO. ZC 98-7- POSTPONED TO 12/21/98 3.4. REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD (HILLSIDE 9T"), PUBLIC HEARING CASE NO. CU 98-21 - POSTPONED TO 12/21/98 3.5. REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE ESTATES 9T.), PUBLIC HEARING CASE NO. P 98-5- POSTPONED TO 12/21/98 3.6. REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR REZONING, PUBLIC HEARING CASE NO. ZC 98-9 - POSTPONED TO 11/30/98 City Council Minutes November 16, 1998 Page 5.1. 3.7. REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR PRELIMINARY PLAT (ELK RIVER CROSSING), PUBLIC HEARING CASE NO. P 98-8 - POSTPONED TO 12/21/98 3.8. L. LC.), 3.10. REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-26 - POSTPONED TO 12/21/98 REQUEST BY AMCON FOR PRELIMINARY PLAT (ELK RIVER BUSINESS PARK, PUBLIC HEARING CASE NO. P 98-7- POSTPONED TO 12/21/98 PAY ESTIMATES: A. #4 - BOSTON ST., RAILROAD DRIVE, GUARDIAN ANGELS, JACKSON/HOLT IMPROVEMENTS - APPROVED B. ://:3 - LAKE ORONO SEDIMENT REMOVAL - APPROVED C. #4 - BUSINESS CENTER DRIVE - APPROVED D. FINAL - UPLAND AVENUE SIGNAL AND INTERSECTION IMPROVEMENT - APPROVED REZONING REQUEST (ZC 98-9, BY ASSOCIATED DEVELOPERS OF THE INC.) TO 11/30/98 SPECIAL MEETING AGENDA - APPROVED 3.11. ADD TWIN CITIES, COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Canvass of Recount for Office of Mayor and Council Member for Ward City Administrator Pat Klaers indicated the results of the November 3, 1998, municipal general election were as follows: Stephanie Klinzing 3,177 votes; Duane Kropuenske 3,122. The recount on November 13 resulted in Stephanie Klinzing with 3,188 votes and Duane Kropuenske with 3,128 votes. Pat reviewed the Ward Four November 3 and November 13 recount totals. Pat explained the problems the city experienced with the new voting machines. He noted that the city is requesting computer program changes and changes in the equipment design before the machines are paid for and additional ones are ordered. COUNCILMEMBER THOMPSON MOVED APPROVAL OF RESOLUTION NO. 98-126, A RESOLUTION CANVASSING RECOUNTS OF THE NOVEMBER 3, 1998, MUNICIPAL GENERAL ELECTION RESULTS FOR THE OFFICES OF MAYOR AND WARD FOUR COUNCILMEMBER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Utilities Commission Update Councilmember Dietz indicated the Utilities Commission met on November 10th and noted that the main topic was the 1999 budget. He explained that revenues are projected to increase approximately 5% - 8%. The Utilities will be operating at an 18% - 20% net profit. He felt that the Utilities will likely break even in financing all the capital improvement projects that are planned for 1999, by using the profits and funds from the depreciation account. He projects that the Utilities' financial situation will continue to improve over the next 4 to $ years, and that there will be adequate funds to complete the electric and water portion of the East Elk River project. Councilmember Dietz indicated that the Utilities Commission also discussed the gas turbine project and will be undedaking negotiations with Great River for the proposed gas turbine in Elk River. City Council Minutes November ] &, ] 998 Page $.2. Community Recreation Update Community Recreation Director Jeff Asfahl indicated the School District will be invited to report on the Master Facilities Plan at the next Recreation Board meeting. The Recreation Board will be discussing the location of their office space, potential office partnerships with other communities, and location of future buildings in relation to trail connections and athletic facilities. Jeff indicated they were able to obtain the concession trailer discussed last month for youth baseball. Youth Initiatives will be meeting on Thursday, November 19th and they will be discussing promotions for Youthbound. Attendance has been approximately 20-3,5 per night at Youthbound. He noted they also will be discussing the possibility of renaming Youthbound. 5.3. Northstar Corridor Update Planning Assistant Scott Harlicker reviewed his update on the Northstar Corridor Project dated November 16, 1998. He noted that Elk River was eliminated from the first tier program in the draft Phase 2 Mn/DOT feasibility study. Their cost estimates showed that by eliminating the Elk River station, $26 million could be saved and the ridership would decrease by only 97 riders. Scott indicated the Northstar Corridor Development Authority (NCDA) disagrees with this analysis and will be contacting Mn/DOT regarding this study and their ridership estimates. He explained that Elk River is still included in the NCDA study. Scott indicated that $6 million in funding has been secured from the federal government for 1998-1999. 5.4. Boys & Girls Club Update Mayor Duitsman indicated that John Fitzgerald has been appointed to serve as an interim director for the Boys and Girls Club. Mr. Fitzgerald will be writing grants and working on fundraising. Mayor Duitsman stated that the lease agreement is now back to the city attorney and will be presented to the City Council for approval. The city is currently waiting for information from John Weicht regarding the plans, and he expects construction to begin shortly. 5.5. CBD Visioning Update Planner Steve Wensman indicated that an all-day visioning retreat facilitated by Teresa Washburn, the consultant hired by the City Council and HRA, was held on October 23, 1998 and was a great success. Representatives of various business interests, the residential community, city government, and staff met to discuss the Central Business District. The participants were broken up into four working groups representing public improvements, private improvements, economic development/business, and activities/events. The groups focused on identifying projects that could be quickly implemented. An interim meeting of the groups will be held in December, and a 3rd meeting will be held with Ms. Washburn in mid-January. City Council Minutes Page November 16, 1998 5.6. City Monument Siqn Update. Steve Wensman indicated that staff and the Chamber of Commerce formed a sign task force to replace the "Welcome to Elk River" sign by Lake Orono. HKGi was hired to develop signs and Steve reviewed two designs. He noted that there has been unanimous support for Option B. Steve explained that the budget was set at $12,000; $2,000 for sign design and $10,000 for construction. He noted that there is significant interest from local contractors in donating materials or time which may reduce the city and EDA costs. Members of the audience were asked for their comments and voiced their support for Option B also. The Council members discussed signage for other highway entrances to the city. Steve noted that there are no plans to construct additional signs at this time, due to costs. 5.7. Approval to Purchase Snowplow Trucks - Street/Park Department This item was postponed to the next City Council meeting. 5.8. Purchase of Police Vehicles Police Chief Tom Zerwas reviewed the quotes for purchasing two full size 1999 police vehicles and a used vehicle for the investigator which were approved in the 1999 budget. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PURCHASE OF TWO NEW 1999 FORD CROWN VICTORIA VEHICLES FROM ELK RIVER FORD AT A COST OF $20,878.00 EACH, AND TO APPROVE THE PURCHASE OF A 1998 USED FORD TAURUS FROM ELK RIVER FORD AT A COST OF $13,900.00. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Open Mike No one appeared for Open Mike. 7.1. .Request by City of Elk River for Ordinance Amendment Re.qardin.q Parkin.q of Semi Trucks/Trailers, Public Hearinq Case No. OA 98-5 Code Enforcement Officer Laurie Mezera-Kerr indicated that after several meetings and considerable public comment, the Planning Commission recommended approval of the proposed amendment regarding truck tractors and/or trailers as a public nuisance. She explained that proposed ordinance would prohibit the parking of truck tractors and/or trailers in the urban service district. The trucks would be allowed in the Rla and A-1 zoning districts. However, on parcels less than 5 acres in size, a conditional use permit would be required. Laurie reviewed the criteria for home occupations, which includes the following: the occupation shall not adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, odor, nor shall it adversely impact governmental facilities including roads. The home occupation ordinance states that there shall be no outdoor storage or heavy equipment, and shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. The intent of the home occupation ordinance is to allow home occupations without jeopardizing the residential character or health, safety, and general welfare of the surrounding neighborhood. Laurie noted that the City Council Minutes Page November 16, 1998 proposed ordinance will be enforced by the police department by first giving a warning to an offender, and second violation will result in a citation. Mayor Duitsman opened the public hearing. Gordon Mire, 177~,3 Fillmore Street, asked what the fee would be for a conditional use permit. Laurie stated the fee would consist of a one-time cost of $100. If a permit was violated, the property owner would have to re-apply and go through the process again. Mr. Mire stated that the 15 minute idling time was unreasonable and that he must warm up his truck at least 30 minutes in the cold weather months. Gary Balcom, 14054 Victoria Lane, expressed his support for the proposed ordinance. He stated that he feels his property value is decreased by having a semi truck parked in his neighborhood, especially a fully-loaded truck. Steve Stoffers, 14092 Victoria Lane, stated he objects to the excessive idling time and potential damage to the roads from a fully-loaded truck. He noted that their street overlay has already been put off because of this issue. Laurie stated she would not be opposed to allowing a longer idling time during the winter months. Councilmember Thompson indicated he was concerned that a truck operator may stop and start his truck every 15 minutes all night long. Gordon Mire explained why he felt it is necessary to run a truck for long periods of time during the cold weather to warm up the fuel. Mayor Duitsman closed the public hearing. Councilmember Dietz questioned if staff has checked with the northern suburb areas regarding how they deal with this issue. Laurie explained that most all the cities she surveyed did not allow the trucks to be parked at all, and were only allowed in a few "fringe" areas. She noted the "fringe" areas reported that they are experiencing problems allowing the trucks, as well. Discussion followed regarding a longer idling time for the cold weather months, and whether to base it on the temperature or calendar dates. Police Chief Tom Zerwas stated it would be much easier to enforce the extended idling time if the proposed ordinance reflected the same time period as the winter "no parking" ban. Further discussion followed regarding the effective date of the ordinance. Councilmember Thompson stated he felt the ordinance should be effective immediately. It was the consensus of the Council that the ordinance be effective January 1, 1999. COUNCILMEMBER HOLMGREN MOVED APPROVAL OF ORDINANCE NO. 98-23, AN ORDINANCE AMENDING SECTION 500.06{6) OF THE CITY CODE OF ORDINANCES RELATING TO NUISANCES, PUBLIC HEARING CASE NO. OA 98-5, WITH THE FOLLOWING CHANGE: - SECTION 1. ITEM 7. - IDLING OF ATRUCK TRACTOR IN EXCESS OF FIFTEEN {15) MINUTES FROM APRIL 16TM TO OCTOBER 31sT, AND THIRTY {30} MINUTES FROM NOVEMBER 1sT TO APRIL 15TM. City Council Minutes Page November 16, 1998 - SECTION 2. - THAT THIS ORDINANCE SHALL TAKE EFFECT JANUARY 1, 1999, UPON PUBLICATION AS PROVIDED BY LAW. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED S-O. COUNCILMEMBER FARBER MOVED APPROVAL OF ORDINANCE NO. 98-24, AN ORDINANCE AMENDING SECTION 900.12(4) OF THE CITY CODE OF ORDINANCES RELATING TO PARKING OF TRUCK TRACTORS AND/OR TRAILERS, PUBLIC HEARING CASE NO. OA 98-5, WITH THE FOLLOWING CHANGE: - SECTION 2. - THAT THIS ORDINANCE SHALL TAKE EFFECT JANUARY 1, 1999, UPON PUBLICATION AS PROVIDED BY LAW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED S-O. 7.2. Request by Del and Sandi Bauers for Administrative Subdivision, Public Hearinq Case No. AS 98-8 Staff report by Steve Wensman. Del and Sandi Bauers have requested an administrative subdivision to subdivide existing 5.85 acre parcel into a new 2.73 acre lot and a 3.10 acre lot. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED APPROVAL OF THE REQUEST BY DEL AND SANDI BAUERS FOR AN ADMINISTRATIVE SUBDIVISION, PUBLIC HEARING CASE NO. AS 98-8, WITH THE FOLLOWING CONDITIONS: 1. THAT THE PROPOSED 33 FOOT OGDEN ROAD EASEMENT BE GRANTED TO THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. THAT FIVE FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG THE SIDE PROPERTY LINES AND TEN ALONG THE FRONT AND REAR PROPERTY LINES OF THE PROPOSED PARCELS. 3. 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 $137.50 FOR THE NEW LOT BEING CREATED'TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page ? November 16, 1998 7.3. Request by Rich and Tammi Schmidt for Side Yard Variance, Public Hearinq Case No. V 7.4. 98-12 Planner Steve Wensman indicated that Rich and Tammy Schmidt, 11265 192nd Avenue NW, have requested a five foot variance from the side yard building setback requirements in order to construct a 12 foot deep deck. The applicant has stated that they were informed the setback was 5 feet, had plans prepared, and then were later told the side yard setback was 10 feet. Steve explained that it is his understanding that on March 18, 1996, the Rlo zoning requirements changed and the side yard setback changed from five feet to 10 feet. With a 10 foot side yard setback, the proposed deck can only be 7 feet deep, which is unacceptable to the applicants. The applicants state that they would not have spent money for a surveyor and contractor to prepare plans if they had known they could only build a 7 foot deep deck. Steve noted that the surrounding neighbors suppod the proposed deck and variance from the side yard setback. Steve indicated that staff does not support the variance due to the fact the applicants have other options, such as constructing a patio at ground level. He noted that the existing patio door is only 2 feet off the ground and a patio could be accessed by a couple of steps. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duifsman closed the public hearing. Discussion followed regarding the change in setback and if the change was made before or after the applicant purchased the home. It was the consensus of the Council to have staff research the issue further for discussion at the next Council meeting. COUNCILMEMBER FARBER MOVED TO POSTPONE THE REQUEST FOR A 5 FOOT SETBACK VARIANCE BY RICH AND TAMMI SCHMIDT, PUBLIC 'HEARING CASE NO. V 98-12 TO THE NOVEMBER 23, 1998, CITY COUNCIL MEETING, FOR FURTHER INFORMATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request for Final Plat Approval (Blackberry Hills), Case No. P 98-? Staff report by Scott Harlicker. Dynamics Design and Land Company is requesting final plat approval to subdivide 92 acres into 4 single family lots. Staff recommends approval of the request with the 14 conditions outlined in the staff report. COUNCILMEMBER DIETZ MOVED APPROVAL OF RESOLUTION NO. 98-127, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR BLACKBERRY HILLS, CASE NO. P 98-2, WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND NECESSARY ROAD CONSTRUCTION BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes November 16, 1998 Page 8 4. A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON COMPLETING PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD TO GUARANTEE QUALITY OF WORK. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $275.32 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. PARK DEDICATION FEE IN THE AMOUNT OF $1300.00 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. A SEAL COATING FEE TO BE DETERMINED BY THE CITY ENGINEER PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. STREETLIGHTS BE PROVIDED PER ELK RIVER UTILITIES RECOMMENDATION. 9. APPLICANT SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WETLAND DISTURBANCE. 10. A GRADING, DRAINAGE AND EROSION CONTROL PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER. 11. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS 12. DRAINAGE AND UTILITY EASEMENTS WILL NEED TO BE PROVIDED ON ALL WETLANDS AND PONDS. 13. OUTLOT A BE COMBINED WITH THE ADJACENT PARCEL TO THE SOUTH. 14. A DEED RESTRICTION SHALL BE RECORDED LIMITING FUTURE SUBDIVISION OF LOT 3 TO FOUR ADDITIONAL LOTS UNDER CURRENT ZONING REGULATIONS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Request by City of Elk River for Ordinance Amendment Reqardin.q Lot Line and Yard Definitions, Public Hearinq Case No. CA 98-4 Steve Wensman indicated the city has requested an ordinance amendment to redefine the existing definitions: Lot Line, Front and Rear Lot Line, and to create new definitions for Yard, Front Yard, Side Yard and Rear Yard. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED APPROVAL OF ORDINANCE NO. 98-25, AN ORDINANCE AMENDING SECTION 900.00 OF THE CITY'S ZONING ORDINANCE RELATING TO DEFINITIONS FOR FRONT, REAR, AND SIDE YARDS AND LOT LINES, PUBLIC HEARING CASE NO. OA 98-4. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRRIED 5-0. City Council Minutes November 16, 1998 Page 9 8. Other Business Mayor Duitsman expressed concern regarding charging park dedication fees for lots which were previously recorded and then later combined, which have separate abstracts. Councilmember Holmgren suggested staff contact the Recorder's Office for information. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE NEGOTIATIONS WITH THE KIRKEIDE'S REGARDING THEIR PROPERTY. COMMISSIONER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE A COMPLETE APPRAISAL BY PATCHIN & ASSOCIATES FOR THE BROWN PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE AN APPRAISAL BY EITHER PATCHIN & ASSOCIATES OR ANOTHER FIRM SELECTED BY STAFF FOR THE GEORGE DESCHENES PROPERTY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Duitsman indicated that he would like a report from Assistant City Administrator, Lori Johnson, regarding the funding for the city hall building debt which was passed as part of the budget. Councilmember Holmgren indicated he would be unable to attend the November 30, 1998, City Council meeting. 10. Adjournment There being no further business, MAYOR DUITSMAN ADJOURNED THE MEETING. The meeting of the Elk River City Council was adjourned at 7:32 p.m. Respectfully submitted, Debbie Huebner Recording Secretary