11-19-2001 CC MIN
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, NOVEMBER 19,2001
Members Present:
Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite
Members Absent:
None
Staff Present:
City Administrator Pat Klaers, Director of Planning Michele McPherson,
Finance Director Lori Johnson, Building and Zoning Administrator Steve
Rohlf, Senior Planner Scott Harlicker, City Recreation Manager Michele
Bergh, Chief of Police Tom Zerwas, Assistant Chief of Police Jeff Beahen,
Utilities General Manager Bryan Adams, and City Clerk Sandra Peine
Also Present:
Planning Commissioner Michael Baker
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 Klinzing.
2. Consider 11/19/2001 Agenda
Lions Park Center was added under Item 5.4. Park and Recreation Update.
COUNCILMEMBER KUESTER MOVED TO APPROVE THE AGENDA AS
AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
3. Consider Consent Agenda
COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT
AGENDA AS FOLLOWS:
3.1. 11/13/2001 CITY COUNCIL MINUTES - APPROVED
3.2. REQUEST BY CITY OF ELK RIVER FOR AN AMENDMENT TO THE
ZONING ORDINANCE SECTION 900.12(16) BUSINESS PARK
DISTRICT, RELATING TO WAREHOUSE SPACE, PUBLIC HEARING,
CASE NO. OA 01-09 - POSTPONED TO 1/22/02
3.3. REQUEST BY MIKE JONES FOR A VARIANCE, PUBLIC HEARING,
CASE NO. V 01-08 - POSTPONED TO 12/17/01 AT APPLICANT'S
REQUEST
3.4. RESOLUTION 01-76 AWARDING THE SALE OF THE CITY'S $202,000
GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF 2001;
FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS
EXECUTION AND DELIVERY; AND PROVIDING FOR ITS
PAYMENT-APPROVED
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November 19, 2001
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COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4. Open Mike
Noone appeared for open mike.
5.1. Utilities Update
Councilmember Dietz provided an update on the November 13, 2001, Utilities Commission
meeting. Electric and water rates were adjusted for 2002 and Street Superintendent Phil Hals
provided the commission with an update on the mechanic position.
5.2. Community Recreation Update
Councilmember Motin provided an update on the September 24 and November 19
Community Recreation Board meetings. City Recreation Manager Michele Bergh updated
the Council on recreation programs and activities and the new city recreation brochure that
will be distributed on December 5, 2001.
5.3. Northstar Corridor Update
Senior Planner Scott Harlicker provided an update on the November 1st NCDA meeting.
He noted that cities are being requested to reaffIrm their support for the Northstar Corridor
by adopting a new resolution of support.
Councilmember Morin suggested an addition to the fourth whereas item in the resolution
(expands the area serviced) and the Council agreed with this change.
COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-77, A
RESOLUTION OF SUPPORT FOR THE NORTHSTAR COMMUTER RAIL
PROJECT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
5.4. Park and Recreation Update
Director of Planning Michele McPherson informed the Council that the playgrounds at
River Place and Barrington are complete. She also noted that Phase I of the Youth Athletic
Complex development has been completed. Michele thanked and acknowledged those who
either donated or discounted the cost of building materials for the project.
Snowmobile Trail Map
Michele McPherson reviewed the snowmobile trail map and implementation plan agreed to
by the River City Snow Riders snowmobile club, the Park and Recreation Commission, and
staff.
Councilmember Kuester indicated a concern with Highland Road being a part of the
snowmobile trail. She indicated that she was concerned for the safety of the snowmobilers
and residents. Michele McPherson indicted that the map could be amended to allow
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snowmobiles on one side of Highland only. She indicated that the situation would be
evaluated within a year.
Representatives of the River City Snow Riders snowmobile club were present and concurred
with the proposed map amendment.
COUNCILMEMBER TVEITE MOVED TO ADOPT THE SNOWMOBILE
TRAIL MAP AND IMPbEMENTATION PLAN AND THAT THE MAP BE
AMENDED TO SHOW TWO-WAY TRAFFIC ON THE NORTH SIDE OF
HIGHLAND ONLY. COUNCILMEMBER KUESTER SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
Consider Park Land Appraisal
Michele McPherson indicated that an appraisal had been received for the 70 acres of land
offered for park by Mr. LaFavor located west of Monroe Street and north of County Road
21. :Nlichele reviewed the results of the appraisal. Michele indicated that the property would
be purchased from money available in the Park Dedication Fund.
The Council questioned whether the Park and Recreation Commission had considered the
appraisal. Michele indicated that the Commission has not reviewed the matter. The Council
suggested that the Park and Recreation Commission discuss the issue and determine what
use the park would serve and whether the Commission was willing to spend a majority of
the Park Dedication Funds on the property purchase.
Lion's Park Center
Michele McPherson reviewed the cost breakdown for furniture, fL"{tures, and equipment for
the Lion's Park Center. She indicated that the Council previously agreed to fund $20,000 to
$25,000 in FF&E from the NSP fund. She stated that there is an additional $16,800 for the
wiring component.
COUNCILMEMBER MOTIN MOVED TO APPROVE THE EXPENDITURE
OF $16,800 FOR THE CABLE TV, PHONE, COMPUTER NETWORK AND
SECURITY/FIRE MONITORING SYSTEM FROM THE NSP FUND.
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.1. Request by Elk River Landfill for an Amendment to a Conditional use Permit. Public
Hearing - Case No. CU 01-35
Building and Zoning Administrator Steve Rohlf indicated that the Elk River Landfill is
requesting to modify their existing conditional use permit and solid waste facility license to
allow the disposal of demolition debris over the top of an existing mixed solid waste cell.
Steve reviewed the staff report.
Mayor Klinzing opened the public hearing.
Deb McDonnell and Deb Dean, representatives of the Landfill, were present to explain the
process and to anSwer questions.
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November 19, 2001
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Michael Baker indicated that the Planning Commission recommended approval of the
request with the following conditions:
1. That approval is conditioned on the recommendations contained in Matt Ledvina's
letter dated October 18, 2001.
2. That Sections 2.)(03)(b) of the Landfill's CUP and Solid Waste Facility License be
amended to read: "The demolition debris landfill cell DC-3 shall be located and
operated as shown on the June 2001 Permit Application and August 2001 revisions
submitted by the Permittee with city staff approving and having the authority to
make decisions on the technical issues involved."
3. That three rows of spruce with ten feet spacing between rows and ten feet spacing
between trees in each row shall be planted on the city's property in areas adjacent to
the proposed demolition cell where no trees currently exist. Other vegetation such
as bushes shall be planted in these areas as proposed by the Landfill. Spruce shall be
planted on the Landfill's property at the base of the slope along the entire length of
the new demolition debris cell to help screen the operation during the winter. The
Landfill shall provide the city with a plan depicting these requirements prior to the
City Council acting on the request.
4. That this current amendment does not replace the Landfill's requirement to renew
their Solid Waste Facility License and CUP in May of 2004.
There being no one for or against the matter, Mayor Klinzing closed the public hearing.
COUNCILMEMBER TVEITE MOVED TO APPROVE THE MODIFICATION
TO THE ELK RIVER LANDFILL'S SOLID WASTE FACILITY LICENSE AND
CUP TO ALLOW DEMOLITION DEBRIS TO BE DEPOSITED OVER MSW
CELL DC-3 CONTINGENT ON THE FOUR CONDITIONS LISTED BY THE
PLANNING COMMISSION. COUNCILMEMBER DIETZ SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
6.2. Request by Susan Davis for Conditional Use Permit for Hair Salon. Public Hearing - Case
No. CD 01-37
Senior Planner Scott Harlicker indicated that Susan Davis has requested a conditional use
permit to operate a hair salon out of her home at 1723 Tipton Circle. Scott reviewed the
staff report. He indicated that the Planning Commission recommended approval of the
request.
Mayor Klinzing opened the public hearing. There being no one for or against the matter,
Mayor Klinzing closed the public hearing.
COUNCILMEMBER KUESTER MOVED TO APPROVE THE CONDITIONAL
USE PERMIT REQUESTED BY SUSAN DAVIS TO OPERATE A HAIR SALON
AT HER HOME LOCATED AT 1723 TIPTON CIRCLE WITH THE
FOLLOWING CONDITIONS:
1. HOURS OF OPERATION SHALL NOT EXCEED 10:00 A.M. TO 8:00
P.M.
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2. SIGNAGE SHALL BE LIMITED TO FOUR SQUARE FEET AND
MOUNTED ON THE WALL OF THE HOME.
3. THE APPLICANT SHALL COMPLY WITH ALL THE CRITERIA OF A
HOME OCCUPATION PERMIT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.3. Request by Cascade I Land Companv for Preliminary Plat Approval- Cascade Industrial
Park
Scott Harlicker indicated that Cascade I Land Company is requesting preliminary plat
approval for Cascade Industrial Park located at Jarvis Street and 161 st Avenue alignment. He
indicated that the plat consists of 47 acres that will be split into 19 lots and 2 Outlots. He
indicated that the plat is zoned 12 (Medium Industrial) and has a MI (Medium Industrial)
land use designation. Scott reviewed the staff report. Heindicated that the Planning
Commission recommended approval.
Mayor Klinzing opened the public hearing.
Phil Collins, 9999 215th Avenue NW indicated that he had a concern with a possible
drainage problem.
Jim Brown representing the Cascade Land Company indicated that the drainage problems
have been addressed in the last revisions of the grading and drainage plan and the drainage
calculations.
There being no further comments, Mayor Klinzing closed the public hearing.
COUNCILMEMBER TVEITE MOVED TO APPROVE THE PRELIMINARY
PLAT FOR CASCADE INDUSTRIAL PARK WITH THE FOLLOWING
CONDITIONS:
1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE
ADDRESSED.
3. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES
4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF THE PUBLIC
IMPROVEMENTS.
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November 19,2001
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5. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
6. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE
CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER
9. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
10. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE
PLAT.
11. ALL WELLS ON LOTS ABUTTING THE WEST BOUNDARY OF THE
PLAT BE LOCATED TO THE EAST AS FAR AS POSSIBLE.
12. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.4. Request by the City of Elk River for a Land Use Plan Amendment to Include Certain
Property in the Urban Service District
Senior Planner Scott Harlicker indicated that the City is requesting to amend the
Comprehensive Plan to include approximately 80 acres in the Urban Service District along
the south side of 175th Avenue east of Twin Lakes Road. Scott stated that the Planning
Commission recommended denial of the request and staff recommends approval of the
reques t.
Scott reviewed the staff report. He distributed and read into the record a letter from
Geraldine Graham, 17451 Tyler Street that was addressed to the Council. Ms. Graham
indicated that she was opposed to the request.
Councilmember Dietz questioned whether the existing property owners would be assessed
for trunk sewer and water. City Administrator Pat Klaers indicated that the Council typically
does not assess existing homeowners for trunk utility extensions. He further indicated that
the Council could put any type of time stipulation on the trunk assessment to the
undeveloped areas, much like what was done for the area north of 175th Avenue.
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November 19, 2001
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The Council discussed the request and stated it was not in favor of the request due to the
following reasons:
.
Most of the residents are not in favor of the request.
Although the area will be included in the urban service district at some time, the
Council wanted the request to come from the residents.
The Council is not interested in assessing residents for sewer and water if they don't
reques t it.
The Council felt it was important to update the Comprehensive Plan prior to
making these types of land use decisions.
.
.
.
COUNCILMEMBER MOTIN MOVED TO DENY THE LAND USE PLAN
AMENDMENT TO INCLUDE CERTAIN PROPERTY ON THE SOUTH SIDE
OF 175TH AVENUE IN THE URBAN SERVICE DISTRICT.
COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION
CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED.
The Council requested that the Planning Commission discuss the need to revise the
Comprehensive Plan. The Director of Planning indicated that she would discuss this at the
December Planning Commission meeting.
7. Other Business
No other business.
8. Staff Updates
No Staff Updates
9. WORIZSESSION - CITY HALL EXPANSION
The Council recessed to the training room.
Pat Klaers indicated that the City Hall-Police Expansion Committee has met several times.
He stated that the architect provided the committee three building scenarios to review. Gary
Tushie of Tushie Montgomery Architects reviewed the three options.
Option 1 - police and city hall each doing a two-story addition onto the existing facility - 7.5
million dollars
Option 2 - police constructing a new facility across the parking lot and administration
moving into the police department after remodeling. This option reduces the city hall 2013
requested space by 40% - 6.7 million dollars.
Option 3 - police constructing across the parking lot, and part of this construction would be
a two story facility, and administration moving into the old police area once it is remodeled.
This option includes a fIre satellite station being connected to the EOC and police station to
make a public safety facility - 7.9 million dollars
The city administrator noted that these dollar fIgures are for construction only and in
addition to these construction amounts building costs, furniture/ fixture/ equipment costs,
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November 19, 2001
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and architectural fees need to be added. Additionally, it was noted that with all three options
that utilities have land available for their building construction which is connected to the city
hall facility.
Pat indicated that the building committee had a strong preference for option #3, which
includes the public safety facility. Discussion was held regarding whether there was an
immediate need for the fIre station to be built. Fire Chief Bruce West indicated that a station
would have to be built within 5 years and more than likely 2-3 years. Bruce stated his and the
departments support for this site and option three.
Lori Johnson discussed the possible ways of fInancing the project. She indicated that one
option includes partially funding the project through reserve funds. She indicated that there
would be approximately 1.75 million available in the Government Buildings Reserve fund
for future city hall and police station expansion needs at year-end. She noted that this source
of funds has also been discussed for use as the city's contribution with the YMCA project.
Lori reviewed the other two methods of debt fInancing, which include General Obligation
bonds with voter approval, and lease purchase bonds that can be issued without voter
approvaL Both of these methods would put the expenditure in the tax levy for 20 years.
There was a consensus of the Council to go with option #3 which includes the "public
safety" campus and that the Fire Department be included in the design. It was also the
consensus of the Council that a Fire Station would not be proposed for Joplin Avenue site
and that the City could market the property on J oplin Avenue.
It was the consensus of the Council to use a lease purchase method without going to the
voters and to move forward as quickly as possible to take advantage of the good
construction bidding environment and the low interest rates.
Councilmember Tveite suggested a $6 million dollar bond issue for the public safety
building and the 1.7 million in reserve to be used for remodeling city hall. Councilmember
Motin talked about the possibility of building the entire city hall project through 2023
because of the low interest rates. He requested that the Finance Director research the
fInancial impact of doing a full project now versus scaling it back and completing it in
phases.
COUNCILMEMBER DIETZ MOVED TO AUTHORIZE GARY TUSHIE TO
PROCEED WITH THE DESIGN PHASE OF THE PROJECT.
COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
10. Adjournment
There being no further business, Mayor Klinzing adjourned d1e meeting of the Elk River
City Council at 9:15 p.m.
Sandra Peine
City Clerk