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03-15-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER HIGH SCHOOL LITTLE THEATER MONDAY, MARCH IS, 1004 Members Present: Members Absent: Staff Present: Also Present: b[avor I'-71inzing, Councilmembers Dietz, Kuester, Lfodn, and Tveite None Citv Administrator Pat Kd~ers, Finance Director Lori Johnson, DLrector of Planning b[ichele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, Building and Environmental Administrator Steve Rohlf, City, Attorney Peter Beck, and Recording Secreta~ Tiaa Allard Planning Commissioner Ho~vard Ropp Parks and Recreation Commissioners Duane Peterson and Da~vn Polston- Hork Call Meeting To Order Pursuant to due call and notice thereof, the meedng of the Elk River City Council was called to order at 6:35 p.m. by blayor KJinzing. Consider 3/15/2004 Agenda Councilmember Kuester added a caucus discussion item to Other Business. City Adrmnistzator Pat Kdaers requested to move Item 6.5. before Item 6.1. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. Consider Consent Agenda Councilmember Kuester removed Item 3.8 from Consent. It was placed before Item 6.5. on the Planning secdon of the agenda. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILEMBER TVEITE TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. MARCH 8, 2004 COUNCIL MINUTES 3.2. GENERAL PLANNING PERMIT FOR PLANT PLACE TO ALLOW A TEMPORARY GREENHOUSE/GARDEN CENTER IN THE COBORN'S PARKING LOT WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. City Council Minutes March 15, 2004 2. o Page 2 IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 3.3. GENERAL PLANNING PERMIT FOR WAL-MART TO ALLOW A TEMPORARY GARDEN CENTER IN THEIR PARKING LOT WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 5. THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 3.4. GENERAL PLANNING PERMIT FOR LINDER'S TO ALLOW A TEMPORARY GREENHOUSE/GARDEN CENTER IN THE ELK RIVER PLAZA PARKING LOT AT BUFFALO WILD WINGS WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 5. THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 3.5. REQUEST BY S & A INVESTMENT, LLP FOR A REZONING FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING-CASE NO. ZC 04-01- WITHDRAWN City, Council blmutes Page 3 March 15, 2004 3.6. REQUEST BY S & A INVESTMENT, LLP FOR CONDITIONAL USE PERMIT FOR WOODLAND HILLS PLANNED UNIT DEVELOPMENT PUBLIC HEARING-CASE NO. CU 04-03, WITHDRAWN 3.7, REQUEST BY S & A INVESTMENTS, LLP FOR PRELIMINARY PLAT APPROVAL OF WOODLAND HILLS, PUBLIC HEARING-CASE NO. P 04-02, POSTPONED TO 4/19/04 3o9, EXTENSION OF THE CONDITIONAL USE PERMIT FOR STERLING BANK 3.10. TRANSIENT MERCHANT LICENSE GRANTED TO CURTIS KING TO SELL PLANTS AND TREES FROM THE EXXON PARKING LOT. MOTION CARRIED 5-0. 4.1. Proclamation of Congratulations to the Elk River Girls Hockey Team Councilmembcr Dietz provided a history, of the start of high school girl's hockey. He congratulated the team on how well they worked together and how well the players represented the community;. Fie congratulated the team on their win of the State I~Ligh School Hockey Tournament. Councihnember Tveite stated that he was a member of the Ice Arena Commission and he informed the ream that the cid~ provides support to high school hockey through its ownership of the Elk River Ice Arena. He stated that he was proud of the team and thanked them for their efforts. Councilmember Kuester stated that the team isn't just learning in the classroom but also through sports. She congratulated the team and told them to enjoy their moment. Mayor Kdinzing proclaimed the week of March 16 through March 22, 2004 as a ~veek of congratulations to the Elk Privet Girls Hockey team. She read and then presented the proclamation to the girl's hockey team. The Mayor received a thank you card from the team. 4.2. Utihfies Update Councilmember John Dietz provided an update of the Util/des Commission meedng that was held on March 9, 2004. 4.3. Y2v[CA Update Nh:. Klaers provided an update of the Northstar Y2v[CA Board meeting held on March 11, 2004. Mayor Iadinzing stated that since the YMCA reorganized they have been stronger and more committed to developing programs for Elk River. 4.4. Parks & Recreation Update Director of Planning bhchele McPherson provided an update of the Parks and Recreation Commission's meedng held on March 10, 2004. Ci~ Council i~.fh~utes March 15, 2004 Page 4 Aw2rd Skate Park Equipment Bids Ms. McPherson stated that this item is postponed until the March 22, 2004 City Council meeting. Approve Parks and Recreation Director Position Description and Authorize Advertising Ms. McPherson reviewed the ne~vlv created parks and recreation director position description. Councilmember Tveite indicated that he would like to see more references in the position description for the Ice Arena. He would also like grant wridng experience to be more of a priori~' as a job responsibili~. Councilmember Kuester stated that she would like the director position to have more responsibiliu' in assisting ~vith Libra~ programming and building maintenance. Mayor I<2inzing stated concerns about ho~v the salarv and the authority, of the Ice Arena Manager, the Senior Coordinator, and Recreation Manager are going to be affected bv the hiring of a director. Mr. I~aers stated that initially there would not be many changes but in the furore if there were significant changes in responsibilities, then the pay and comparable worth rankings would need to be reviewed. Mayor Klinzing questioned if the job should be more or less administrative or more or less hands-on. She felt that recreation programming is an important part of the director's job responsibilities and that hiring a director is too big of a step for the ci~ to take at this time. She stated that she doesn't see a need for both a director posidon and a recreation manager position as they seem to have many of the same job responsibilities. Councilmember Kuester stated that there should be coordination between the parks, recreation, ice, and senior departments all under one director and that the Parks and Recreation Department needs to be coordinated with all the other departments. Ms. McPherson stated that there should be one person that oversees all the parks and recreational services so that there is one clear policy and voice that ~vould represent the Parks and Recreation Department. Councilmember Tveite stated that it will be valuable to the cits- to add the director position. He sees enough work for the director with many of the projects that are coming forward such as the Greenway project. Mayor I~dinzing stated that she would Like the current parks and recreation department heads to know that when a new director is hired that things may change. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE PARKS AND Ci~' Council NLinutes March 15, 2004 RECREATION DIRECTOR POSITION DESCRIPTION WITH CHANGES AND AUTHORIZE ADVERTISEMENT FOR HIRING. MOTION CARRIED 5-0. Page 5 Councihnembers Dietz and Tveite volunteered to be on the selection committee. Approve Expenditures Relating to Lions Park Center Remodding Ms. McPherson discussed the proposed changes that need to be made to Lions Park Center in order to house the new parks and recreation director and some of the park maintenance staff in one location. Mayor I~dinzing stated that the director should be housed at City, Hall. She stated that there would be better communication with the adrninistradve staff and the posidon should remain more independent and separated. Councilmember Motin concurred. Mr. IHaers stated that he believed the director, and other park/recreation staff, should be at Lions Park Center in order to better learn about the ci~' park and recreation operations, to supervise employees, and to be available to the public. He stated that the director should be near his/her staff and could coordinate activities with the administrative staff at Ci~' Hall. Councihnember Tveite stated that the ciw should hire a director and then let that person determine ~vhere they would like to be housed. He is concerned about spending funds for the remodel project only to not have it xvork out or have to have it redone at a later date. Councilmember Modn stated that the director posidon should be housed at Citv Hall and not at Lions Park Center. He stated that he would like the posidon to maintain more of a separation from the recreation department. Mayor I<linzing stated that funding should not come from the park dedication budget. Duane Peterson, Chair of the Parks and Recreation Commission-Stated that the Commission at fLrst was in some disagreement as to where the director should be housed. In the end, the Commission unanimously voted to house the director at LPC and to pay for the building improvements with park dedication funds. He stated that most communities have the director housed with staff. No action was taken on this item. Ms. McPherson stated that the Parks and Recreation Commission selected Dawn Polston- Hork to serve on the Ice Arena Commission as a representative for the Parks and Recreation Commission. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPOINT DAWN POLSTON-HORK TO THE ICE ARENA COMMISSION WITH A TERM TO EXPIRE FEBRUARY 28, 2006. MOTION CARRIED 5-0. Ci~ Council Minutes March 15, 2004 4.5. Consider Personnel Committee Recommendations Page 6 Finance Director Lori Johnson submitted the staff report. Ms. Johnson reviewed the following four positions and discussed recommendations for point value and pay grade classifications as made by the Personnel Committee: · Parks and Recreation Director · Building Maintenance Assistant · Building Maintenance Supervisor · City Prosecutor MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ACCEPT THE PERSONNEL COMMITTEE RECOMMENDATIONS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Mr. I<aaers stated that a wage adjustment for Garv Lore would be appropriate as he is currently classified as a Maintenance I employee for the Street Department but has been per,brining the dudes of Building Maintenance Supervisor since 2003. The Council directed staff to come back with a wage adjustment recommendation for Garv Lore. 5. Open Mike 6.5. No one appeared for Open NEike. Consider Resolution Authorizing Ad for Bids for the Digester Cover Replacement at the City Engineer Terry, Maurer submitted the staff report and Finance Director Lori Johnson presented. Ms. Johnson stated that the plans and specifications for the replacement of the ~,Vk¥~l'P prima~ digester cover are complete and that the Citv Council is requested to approve them and authorize the advertisement for bids. MOVED BY COUNCILMEMBER MOTION AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT RESOLUTION 04-17 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE W~(/TP PRIMARY DIGESTER COVER REPLACEMENT IMPROVEMENT OF 2004. MOTION CARRIED 5-0. Ms. Johnson stated that the funding source xvould be from either issued bonds or with internal reserves. Request Design Standards-Mississippi Ridge Plat Councilmember Kuester questioned if the Planning Commission reviewed the design standard for the Mississippi Ridge plat. Ms. McPherson stated that this plat is sindlar to the Wal-Mart design standards and that Council had requested to review the standards for bLississippi 1kidge ~vhen completed. Ciw Council Minutes Page 7 *[arch 15, 2004 MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE DESIGN STANDARDS FOR MISSISSIPPI RIDGE PLANNED UNIT DEVELOPMENT. MOTION CARRIED 5-0. 6.1. Consider Hillside l0th Revised Final Plat Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the Council approved the final plat for Hillside Estates 10th Addition on the condition that Lot 7 and Lot 8 be combined in order to meet the requizements ora rrUnimum lot depth of 130 feet. He stated that the applicant has revised the plat so that Lot 7 and Lot 8 comply with the lot depth requirement. There was discussion regarding lot ~vidth requirements and at what point they were measured. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE AMENDED FINAL PLAT FOR HILLSIDE ESTATES l0TM ADDITION. MOTION CARRIED 5-0. 6.2. Request bv Elk River Landfill for Renewal of Conditional Use Permit and Solid Waste 6.3. Faciliw License, Public Hearing-Case No. CU 04-01 Building and Environmental Adn'finistrator Steve Rohlf submitted the staff report, bix. Rohlf reviewed the Solid Waste Facilit3' License and the Conditional Use Permit for the Elk River Landt:-~. Mayor I(3inzing opened the public hearing. There being no one to speak to this issue, Mayor I~dinzing closed the public hearing. Councilmember Kuester questioned what can be done to deal with the methane odor at the landfffll. Elise Stagart, engineer for the landfill-Stated that in 2003 addifionai tvekls were installed to capture more of the methane. She stated that the landfill has an odor hodine that citizens can utilize to register complaints. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE RENEWAL OF ELK RIVER LANDFILL'S SOLID WASTE FACILITY LICENSE AND AMENDMENTS TO THEIR CONDITIONAL USE PERMIT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Request for Easement Vacation bv Meyers & Johnson, Public Hearing-Case No. EV 04-01 Planner Chris Leeseberg submitted the staff report. NEt. Leeseberg stated that the applicant is requesting an easement vacation for Lots 1 and 2, Block 2 of Woods at Hsllside 2~a Addition. He stated that the applicant is requesting a properU' line adjustment and once the line is adjusted, nexv drainage and utiliw easements will be created. City Council Minutes Page 8 March 15, 2004 Mayor I4,Sinzing opened the public hearing. There being no one to speak to this issue, Mayor K~inzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 04-18 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 04-01. MOTION CARRIED 5-0. 6.4. Request by Dancin on Broadway, Inc. for Conditional Use Permit for Dance Studio in Elk River Plaza 4th Add/don Public Hearing-Case No. CU 40-02 Planner Chris Leeseberg submJ, tted the staff report, blt. Leeseberg stated that the applicant is requesting a Conditional Use Permit (CUP) to operate a dance studio and retail space for dance equipment. He discussed zoning, CUP standards, and Planning Commission acdon. Mayor IGmzing opened the public hearing. There being no one to speak to this issue, Mayor I4Ztinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE A CONDITIONAL USE PERMIT TO DANCIN ON BROADWAY WITH THE FOLLOWING CONDITION: IF THE BUSINESS IS TO EXPAND BEYOND 5,091 SQUARE FEET, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. MOTION CARRIED 5-0. 6.6. Discuss Sherburne CounU, Jail Expansion Project Nh:. Klaers stated that the Mayor, Councilmember Kuester, and he met with coun~ representatives in order to reach an agreement on the Sherburne County Jail expansion project. Mr. Kiaers stated that both sides xvould be willing to compromise by holding a pubhc informational meeting on Monday, April 5, 2004, at 6:30 p.m., at the High School Little Theatre. He stated that notices could be sent to properV owners ~vithin 350 feet and notices could be published for t~vo weeks in the octar~¥ews prior to the meeting. Councilmember biotin stated that he was frustrated with the county. He stated that the county could have brought their project forward to the city in September after they had received notice of the city's decision. He stated that the city would be g~Ving the county a concession on this project. He stated that the coun~ expects the city to push their projects through but they don't believe in reciprociV. Councilmember Tveite stated that he is in favor of the compromise. He stated disappointment in the count' for delaying their project and not working with the city in trTing to help inform the public of the project. Mayor ICdnzing stated that with a project of this size the city, needs to take the tune to review it, which the countx, needs to understand. She stated that the Sheriff indicated that he talked with residents near the jail and thev all had no problems with the project. Mavor City, Council Minutes Page 9 March ~5, 2004 ?,2inzing stated that the cit7 needs to make the best of the situation in order to avoid a lengthy and maybe expensive legal situat/on and to keep a good relationship xvith the counw. Councilmember Dietz stated that the neighborhood is not sadsfied with the project but that they are just resigned to the project happening and feel there is nothing they can do about it. He felt that the public review is not really a compromise between the city and the county, but just the city, giving in to the counD"s demands. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY MAYOR KLINZING TO RESCIND THE MOTION MADE ON SEPTEMBER 15, 2003 DETERMINING THAT PER SECTION 30-01 OF THE CITY CODE OF ORDINANCES THE COUNTY IS REQUIRED TO OBTAIN A CONDITIONAL USE PERMIT FOR EXPANSION OF THE JAIL; AND DIRECTED STAFF TO PUBLISH ORDINANCE 03-17 CLARIFYING THE DEFINITIONS OF GOVERNMENT BUILDINGS AND FACILITIES AND GOVERNMENT OFFICES; AND FURTHER THAT THE AGENDA FOR THE 6:30 P.M. SPECIAL MEETING AT THE THEATER ON APRIL 5, 2004 BE CHANGED TO ADD THE JAIL SITE PLAN REVIEW AND DELETE THE DISCUSSION ON THE CITY ORGANIZATIONAL STRUCTURE. MOTION CARRIED 5-0. 7. Other Business Councilmember Kuester stated that she attended an election caucus and met a young person who was interested in having Elk River become a sister city, with a city in Africa. She questioned what the Council's interests were in pursuing this. Mr. I~daers stated that at one time Elk River participated in a Rotary sister ciD' program in Guatemala. Mayor I-Uinzing suggested that this person do some research on ~vhat other cides are doing and present suggestions to the Council 8. Staff Updates The Mayor mentioned that the State of the City address will be held in the EOC at 12:00 p.m. on Tuesday, March 16, 2004. Nix. Iadaers stated that he would have the Brimeyer proposal ready for the City Council on Monday, March 22, 2004. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:15 p.m. Minutes prepared by Tina Allard Joan $chmidt Ciw Clerk