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12-21-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 21, 1998 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Scott Harlicker, Planning Assistant; Phil Hals, Street/Park Superintendent; Peter Beck, City Attorney; Terry Maurer, City Engineer; Paul Steinman, Director of Economic Development; Jeff Beahen, Assistant Police Chief; Steve Wensman, Planner; Steve Rohlf, Building and Zoning Administrator; Lori Johnson, Finance Director; Jeff Asfahh Community Recreation Director 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 6:35 p.m. by Mayor Duitsman. 2. Consider Agenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE DECEMBER 21, 1998, CITY COUNCIL AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3,4. 3,5. 3.6, 3.7. 3.8. 12/14/98 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE 9T"}, PUBLIC HEARING, CASE NO. P 98-5 - POSTPONED INDEFINITELY REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 9T"), PUBLIC HEARING, CASE NO. ZC 98-7 - POSTPONED INDEFINITELY REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD {HILLSIDE 9T"), PUBLIC HEARING, CASE NO. CU 98-21 - POSTPONED INDEFINITELY REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR PRELIMINARY PLAT {ELK RIVER CROSSING), PUBLIC HEARING CASE NO. P 98-8 - POSTPONED TO 1/19/98 REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-26 - POSTPONED TO 1/19/98 REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT REGARDING OPEN SPACE DEVELOPMENT PUBLIC HEARING CASE NO OA 98-3 - POSTPONED TO 1/19/99 Elk River City Council Minutes December 21. 1998 Page 2 3.9. 3.10. 3.11. 3.12. 3.13. BEER AND WINE LICENSE FOR YOUSSEF DARBAKI, TALLY HO RESTAURANT - APPROVED CONTINGENT UPON SUCCESSFUL BACKGROUND CHECK RESOLUTION 98-136 DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 11 LYING WITHIN DEVELOPMENT DISTRICT NO. 1 IN THE CITY OF ELK RIVER - APPROVED A. FINAL PAY ESTIMATE TO REDSTONE CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $31,246.10 FOR WORK COMPLETED ON THE BOSTON STREET, RAILROAD DRIVE, GUARDIAN ANGELS, AND JACKSON/HOLT IMPROVEMENTS - APPROVED B. FINAL PAY ESTIMATE TO VEIT & COMPANY, INC. IN THE AMOUNT OF $54,100.02 FOR WORK COMPLETED ON THE LAKE ORONO SEDIMENT REMOVAL PROJECT - APPROVED C. FINAL PAY ESTIMATE TO BAUERLY BROTHERS IN THE AMOUNT OF $21,435.33 FOR WORK COMPLETED ON THE 1998 OVERLAY IMPROVEMENTS - APPROVED DEFERRAL OF SPECIAL ASSESSMENT FOR CLIFFORD IBIS - PARCEL 75-130-1110 FOR 1998 OVERLAY IMPROVEMENT PROJECT- APPROVED RELEASE OF $5,000 IN FUNDING FOR THE ELK RIVER AREA ARTS COUNCIL - APPROVED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Public Hearin.q to Consider a Bud.qet Modification - Tax Increment District No. 9 (Tescom) Director of Economic Development Paul Steinman indicated that a public hearing has been advertised and scheduled to be held at approximately 6 p.m. on Monday, December 21. He stated that the public hearing provides an opportunity for the public to comment on a proposed budget modification to Tax Increment Financing District No. 9. Paul Steinman explained that the modification will increase tax increment expenditures from TIF District No. 9 by a maximum of $90,000. He explained that the money will be used as follows: · Land Purchase $24,000 · Administration $ 6,000 · Public Improvements $60,000 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 ADOPT RESOLUTION 98-137 MODIFYING THE BUDGET IN THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 9. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Consider Resolution 98 Decertifyin.q TIF District No. 9 Director of Economic Development Paul Steinman stated that TIF District No. 9 is being certified one year earlier than expected due to surplus tax increment revenues generated from the project within the district. Elk River City Council Minutes December 21, 1998 Page 3 COU NCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-138 DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 9 LYING WITHIN DEVELOPMENT DISTRICT NO. 1 IN THE CITY OF ELK RIVER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Utilities Commission Update Councilmember Diefz updated the Council on the recent Utilities Commission meeting held on December 8, 1998. 4.4. Boys & Girls Club Update Councilmember Thompson updated the City Council on the progress of the Boys and Girls Club. 4..5. Community Recreation Update Community Recreation Director Jeff Asfahl updated the Council on recent community recreation issues. Jeff Asfahl thanked Councilmember Holmgren for his involvement with the Community Recreation Board. 4.6. Northstar Corridor Update Planning Assistant Scott Harlicker updated the Council on the December 10, 1998, meeting of the Northstar Corridor Development Authority. 4.7. Consider 1998 Budget Amendments Finance Director Lori Johnson reviewed the 1998 budget amendments. Assistant Police Chief Jeff Beahen reviewed the police department request concerning computers. He noted that the request for computers and software is a different proposal from the original request. He indicated that the total cost for the new proposal is $197,590 (including computers in squad cars). Mayor Duitsman indicated that there is a general fund reserve which he feels the city is putting more money in than necessary. He stated he would like to see any money over the required amount to be put in an economic development fund and an expansion fund for city hall. MAYOR DUITSMAN MOVED THAT THE 1998 YEAR END INCREASE IN THE GENERAL FUND BALANCE BE TRANSFERRED TO THE DEVELOPMENT FUND UP TO A $100,000 MAXIMUM AND TO THE GOVERNMENT BUILDING DEBT (1997 CITY HALL/POLICE STATION LEASE REVENUE REFUNDING BOND} UP TO A MAXIMUM OF $67,000; IF THE TOTAL AVAILABLE IS LESS THAN $167,000, THE AMOUNTS TRANSFERRED WILL BE DETERMINED ON A PRORATED BASIS BASED ON THE MAXIMUM TRANSFER AMOUNT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE BUDGET AMENDMENTS AS PRESENTED AND TO LEAVE THE SNOWMOBILE REQUESTED BY THE POLICE DEPARTMENT IN THE BUDGET AMENDMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained. Elk River City Council Minutes December 21, 1998 Page 4 4.8. 4.9. 4.10. 4.11. 4.12. MAYOR DUITSMAN MOVED THAT THE POLICE DEPARTMENT PURCHASE THE 1999 POLARIS 500XCSP SNOWMOBILE FOR $4,425.08. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider 1999 Bud.qet COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-139 APPROVING THE 1999 MUNICIPAL GENERAL FUND BUDGET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider 1999 Tax Levy Resolution COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-140 AUTHORIZING THE 1998 PROPERTY TAX LEVY FOR COLLECTION IN 1999. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Cancel December 28, 1998, City Council Meeting and Call Special Meefin.q for January 11, 1999 COUNCILMEMBER HOLMGREN MOVED TO CANCEL THE DECEMBER 28, 1998, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED ,.r,-0. COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JANUARY 11, 1999, AT 5:30 P.M. TO SWEAR IN THE NEW MAYOR AND CITY COUNCILMEMBER SO THAT THEY MAY SERVE ON THE ECONOMIC DEVELOPMENT AUTHORITY PRIOR TO THE REGULAR COUNCIL MEETING ON JANUARY 11. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Final Update - Lake Orono Project Building and Zoning Administrator Steve Rohlf updated the Council on the Lake Orono project. He indicated that the project is complete and was successful. Consider Initiating Eminent Domain Process for Easement and Riqht-of-Way Acquisition for the East Elk River Project City Administrator Pat Klaers indicated that the city is considering the process of eminent domain to acquire the necessary right-of-way and easements for the street and utility project in east Elk River. City Attorney Peter Beck reviewed the process of eminent domain. Director of Economic Development Paul Steinman indicated that the Economic Development Authority just adopted a resolution authorizing the acquisition of certain real estate property located in and related to Tax Increment Financing District No. 19 in the city of Elk River by negotiation or condemnation. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 98-141 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINNESOTA STATUTE 117.042. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes December 21, 1998 Page 5 5. Open Mike 6.1. 6.2. Cecilia Scheel informed the Council that the County is proposing to change an easement on County Road 21 which will effect Eagle Lake Road. She stated that she would like to see Eagle Lake Road become a city stree~r up fo the place where the culvert was removed. Madalyn Moos also indicated that she would like to see the road become a city street. COUNCILMEMBER FARBER MOVED TO DIRECT STAFF TO REVIEW THE MATTER AND TO NOTIFY CECILIA SCHEEL AND MADALYN MOOS WHEN THE ISSUE IS BROUGHT BACK TO COUNCIL FOR DISCUSSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED S-0. Comprehensive Plan Amendment Re.qardin.q Snowmobile Trails, Public Hearin,q Case No. GP 98-8 Building and Zoning Administrator Steve Rohlf stated that the city had initiated a request to update the plan for snowmobile trails in the city of Elk River. He stated that the River City Snow Riders, a snowmobile club based in the Elk River area, worked with the city to come up with a concept map to amend certain maps in the city's Master Park and Recreation Plan regarding snowmobile trails. Steve reviewed the concept map with the City Council. 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 APPROVE RESOLUTION 98-142 AMENDING THE CITY OF ELK RIVER MASTER PARK AND RECREATION PLAN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Lyle Talbot for Land Use Amendment from MR (Medium Density Residential) to CC (Community Commercial), Public Hearin.q Case No. LU 98-4 Request by Lyle Talbot for Rezonin.q from R1c (Sin.qle Family Residential) to C4 (Nei.qhborhood Commercial) Public Hearin.q Case No. ZC 98-10 Planning Assistant Scott Harlicker stated that Lyle Talbot is requesting an amendment to the land use plan from MR (Medium Density) to CC (Community Commercial) and a zone change from Rlc (Single Family Residential) to C4 (Neighborhood Commercial). Scott reviewed the staff report with the City Council. Mayor Duitsman opened the public hearings on these two issues. There being no one for or against the matter, Mayor Duitsman closed the public hearings. COUNCILMEMBER HOLMGREN MOVED TO APPROVE RESOLUTION 98-143 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO CC (COMMUNITY COMMERCIAL). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes December 21, 1998 Page 6 COUNCILMEMBER HOLMGREN MOVED TO APPROVE ORDINANCE 98-29 AMENDING THE CITY OF ELK RIVER ZONIG MAP TO REZONE CERTAIN PROPERTY FROM RIC (SINGLE FAMILY RESIDENTIAL) TO C4 (COMMUNITY COMMERCIAL). COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED ~,-0. Request bv James Anderson for Easement Vacation, Public Heorinfl Case No. EV 98-7 Planning Assistant Scott Harlicker stated that James Anderson is requesting to vacate 14 feet of a 20 foot drainage and utility easement. Scott reviewed the staff report with the City Council. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Dietz stated that the neighbors in the area are concerned about the drainage if the easement is vacated. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-144 FOR VACATING A DRAINAGE AND UTILITY EASEMENT ON LOT 3, BLOCK 1, HERITAGE LANDING. MAYOR DUITSMAN SECONDED THE MOTION. James Anderson indicated that the developer who deeded the easement to the city did not have ownership of the property when the easement was given. He stated that although he does not believe the city has not have ownership of the easement, he is requesting to vacate the easement to clear up the situation and correct the legal description of his property as the easement has been recorded by the county. Tom Droegemuller, 13328 1791/2, Ave NW, indicated that a drainage ditch has been put in place to protect the surrounding homes and if the easement is vacated, a concern exists whether the drainage ditch will be filled in. City Engineer Terry Maurer indicated that the developers have corrected the drainage problem. He stated that there is no drainage swale located in the area that is being proposed to be vacated. City Attorney Peter Beck indicated that the City would not be able to rely on the present easement. He stated that if the city needed to use the easement it would have to either negotiate or go through the eminent domain process. THE MOTION FAILED 2-3. Councilmembers Thompson, Dietz, and Farber opposed. 6.5. Request by Richard Bury for Administrator Subdivision, Public Hearing Case No. AS 98-9 Planner Steve Wensman stated that Richard Bury is requesting an administrative subdivision to subdivide a 26.04 acre parcel into a 7.5 acre lot and a 18.54 acre lot. Steve reviewed the staff report with the Council. He stated that staff recommends approval with two additional conditions: 1 ) That the trail easement issues be resolved pdor to platting. Elk River City Council Minutes December 21, 1998 Page 7 6.6. 2)That a deed restriction indicating that the 18.54 acre lot not be subdivided a second time. Mayor Duitsman opened the public hearing. Doug Gibson and Steve Erickson indicated that they owned a portion of the property that was proposed to be subdivided. Following discussion regarding the possibility of an incorrect survey, it was the consensus of the Council to postpone a decision until the survey is reviewed by the applicant and city staff. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING AND POSTPONE THIS ITEM TO THE JANUARY 19, 1999, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Amcon for Preliminary Plat Approval (Elk River Business Park L.L.C.), Public Hearinq Case No. P 98-7 Planning Assistant Scott Harlicker stated that Amcon is requesting a preliminary plat approval for Elk River Business Park. Scott reviewed the staff report with the City Council. Mayor Duitsman opened the public hearing. Richard Martin, Partner of Amcon requested that item #2 in the recommendation from staff relating to a letter of credit be deleted. City Attorney Peter Beck indicated that this will be addressed in the Developer's Agreement in TIF #19. Mr. Martin questioned whether the items pertaining to wetlands were relevant. He stated that they are in the process of testing to determine if there actually are wetlands involved. He further stated that the results will not be available until July. It was concluded to leave the wetland requirements in the stipulations for the present time. Park and Recreation Commissioner Clair Olson requested the Council to delay a decision until the Park and Recreation Commission can review the plat. He stated that there is a trail corridor that runs along the north side of the property and feels the Park and Recreation Commission should have some time to review the issue. The City Administrator indicated that the city policy does not include Park and Recreation fees for industrial property so a commission review typically does not take place. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTERD PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. THE PARK AND RECREATION COMMISSION REVIEW AND A RECOMMENDATION BE CONSIDERED PRIOR TO FINAL PLAT APPROVAL. Elk River City Council Minutes December 21, 1998 Page 8 3. 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 WITH SHERBURNE COUNTY. 4. ASEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 5. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 6. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 7o STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 8. ALL WETLANDS ON THE SITE SHALL BE IDENTIFIED AND DELINEATED AND ALL WETLAND PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING ANY WORK IN A WETLAND. 9. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 10. A WETLAND MITIGATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 1 1.SIDEWALKS BE INSTALLED ALONG THE OUTSIDE EDGE OF THE PROPOSED ROAD ALONG WITH A PEDESTRIAN CONNECTIONTO THE ADJACENT COMMERCIAL DEVELOPMENT TO THE NORTH. 12. RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS AND THE BUFFER AREA. THESE SHALL BE COMPLETED AND RECORDED ALONG WITH THE PLAT. 13. A BOND COVERING THE COST OF THE WETLAND REPLACEMENT IS REQUIRED AND SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT. 14. DRAINAGE AND UTILITY EASEMENTS SHALL BE REVISED TO INCLUDE THE WETLAND MITIGATION AND EXCLUDE THE AREAS PROPOSED TO BE FILLED. 16. A PEDESTRIAN EASEMENT BE PROVIDED TO THE NORTH TO ALLOW CONSTRUCTION OF A SIDEWALK TO CONNECT WITH ELK RIVER CROSSING. 17. AN ACCESS AND UTILITY EASEMENT BE PROVIDED TO THE ADJACENT PROPERTY TO THE WEST. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes December 21, 1998 Page 9 6.7. Request by Riverside Development for Rezoninq from Rlc to R3, Public Hearin,q Case No. ZC 98-11 Planning Assistant Scott Harlicker stated that Riverside Companies are requesting to rezone certain property from Rlc (Single Family Residential) to R3 (Townhouses and Multiple Residential). Scott reviewed the staff report with the City Council. 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 APPROVE ORDINANCE 98-30 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM RIC {SINGLE FAMILY RESIDENTIAL TO R3 {TOWNHOUSE/MULTIPLE FAMILY RESIDENTIAL} - CASE NO. ZC-98-11. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Mayor Duitsman abstained. 7. Other Business City Administrator Pat Klaers asked if it was understood that the Street Superintendent was authorized to purchase an office trailer to be used as a warming house at Handke Pit as part of the budget amendments. The Council indicated that this was their intent. 8. Staff Updates 9. Adjournment There being no further business, Mayor Duitsman adjourned the City Council meeting. The meeting of the City Council adjourned at 8:30 p.m. Sa~ndra Peine City Clerk