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02-22-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 22, 2000 Members Present: Members Absent: Staff Present: Also Present: Mayor Klinzing, Councilmembers Farber, Motin, and Thompson Councilmember Dietz Pat Klaers, City Administrator; Sandy Peine, City Clerk; Terry Maurer, City Engineer; Peter Beck, City Al~orney; Michele McPherson, Director of Planning; Steve Wensman; Planner, Scott Harlicker; Senior Planner, Phil Hals, Street Superintendent; Steve Rohlf; Building and Zoning Administrator Planning Commissioners Mesich, Schuster, Baker, Morphew, Pederson; Park and Recreation Commission Representative Dana Anderson Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Klinzing. Consider A.qenda The following items were added to the council agenda: 8.1. Guenther Settlement. COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent A,qenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 2/14/00 CITY COUNCIL MINUTES - APPROVED 3.2. REQUEST TO EXTEND FINAL PLAT P 98-7, ELK RIVER BUSINESS PARK, SUBMISSION DATE UNTIL JUNE 30, 2000 - APPROVED 3.3. TRANSIENT MERCHANT LICENSE FOR SHIRLEY MADLAND TO SELL FLOWERS AT HUNTS FEED AND GARDEN CENTER - APPROVED 3.4. RESOLUTION 00-10 ESTABLISHING TWIN LAKES ROAD FROM CSAH 12/MAIN STREET TO 5TM STREET AS A MUNICIPAL STATE AID HIGHWAY - APPROVED City Council Minutes Page 2 February 22, 2000 3.5. PAY ESTIMATE #10 TO S.R. WEIDEMA, INC. IN THE AMOUNT OF $11,441.96 FOR WORK DONE ON THE EASTERN AREA PUBLIC IMPROVEMENT PROJECT -- APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Interview Library Board Candidate and Consider Appointment 4,2, The council interviewed Mike Hangaard for a seat on the Library Board. The city clerk indicated that there were no other applicants for the vacancy on the Library Board. COUNCILMEMBER THOMPSON MOVED TO APPOINT MIKE HANGAARD TO THE LIBRARY BOARD FOR A THREE YEAR TERM TO EXPIRE ON 2/28/03. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Interview Park and Recreation Commission Candidate and Consider 4,3, 4.4. Appointment The council interviewed Tim Sladek for appointment to the Park and Recreation Commission, COUNCILMEMBER MOTIN MOVED TO APPOINT TIM SLADEK TO THE PARK AND RECREATION COMMISSION FOR A THREE YEAR TERM TO EXPIRE ON 2/28/03. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Appointments to the Herita,qe Preservation Commission Mayor Klinzing indicated that the Heritage Preservation Commission is a newly formed commission. The city clerk indicated that staff is recommending that the council appoint 7 of the 8 applicants. She stated that Bud Houlton has indicated that he will serve as an alternate in the case of someone resigning. COUNCILMEMBER FARBER MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE HERITAGE PRESERVATION COMMISSION: KURT KRAGNESS - TERM EXPIRES 02/28/01 ROBERT MINTON - TERM EXPIRES 02/28/01 ROBERT NICKERSON - TERM EXPIRES 02/28/02 JAMES NORD - TERM EXPIRES 02/28/02 CINDY O/SON - TERM EXPIRES 02/28/03 BRUCE PENNER - TERM EXPIRES 02/28/03 PAT RASMUSSON - TERM EXPIRES 02/28/03 COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Youth Athletic Association Presentation to City Park and Recreation Commissioner Dana Anderson informed the council that representatives of the Youth Athletic Association were present to make a donation to the city. Tom Kulkay, president of the Elk River Area Youth Baseball Association presented a donation of $33,000 and Jerry Palkovich, president of the City Council Minutes Page 3 February 22, 2000 Elk River Girls Fastpitch Softball Association, presented a donation of $12,000. The money will be applied toward the Phase I improvements at Cass Fields (Youth Athletic Complex) as agreed upon in 1997. The Mayor thanked the organizations for their donations. 4.5. Country Crossin.qs Homeowner Association Mr. Dick Nelson, treasurer of the Country Crossing Homeowner Association, addressed the council regarding concerns of the association. The following four concerns were discussed: A. Request to Contract with the City to Snowplow the Streets Street Superintendent Phil Hals indicated that snow storage would be an issue as well as timing and the manpower to handle contract snowplowing. Other concerns included insurance liability issues and the possibility of other associations having the same request. The Mayor indicated that the Homeowners Association could submit a request to the city for snowplowing, however, she indicated that the probability of the city taking on this endeavor is very minimal. B. Contract with the City to Maintain the Streets Street Superintendent Phil Hals noted that the city contracts its seal coating street maintenance. He indicated that when the next job is contracted, he would have the contractor contact the Homeowner's Association to give them a bid. C. Request for Reimbursement for Maintenance of Sedimentation Pond The council decided that no reimbursement could be given as this is not common practice in the city and it would set a precedent. D. Request to Change Access to the Ditch so City Trucks Do Not Dama.qe Underground Watering System It was the consensus that WWTP Lead Operator Gary Leirmoe will contact the Homeowners Association regarding this issue. 4.6. Authorization to Hire Part Time Custodian COUNClLMEMBER FARBER MOVED TO HIRE ALLEN PUDLICK AS CUSTODIAN FOR THE CITY OF ELK RIVER FOR 20 HOURS PER WEEK, AT PAY GRADE 2, STEP B, $9.82 PER HOUR WITH THE STANDARD COST OF LIVING INCREASE ON 1/01/01 AND A STEP INCREASE ON 7/01/01 IF HIS JOB PERFORMANCE IS AT AN ACCEPTABLE LEVEL, AND CONTINGENT UPON A SUCCESSFUL 6 MONTH ORIENTATION PERIOD AND UPON MR. PUDLICK ACQUIRING A MINNESOTA DRIVER'S LICENSE PRIOR TO BEGINNING WORK. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.7. Utilities Commission Update No update was given. City Council Minutes February 22, 2000 Page 4 4.8. 4.9. 4.10. 4.11. Northstar Corridor Update ScoUr Harlicker gave an update of the Northstar Corridor Development Authority meeting held on February 3rd. Consider Business Center Drive/Waco Street and Highway 10 Intersection Feasibility Study City Engineer Terry Maurer reviewed the feasibility study for the Western Area Phase IV Improvements. He noted that the project was petitioned by Stewart Wilson. Terry Maurer reviewed the proposed improvements, the estimated project cost, project financing and the schedule. Discussion took place regarding extension of the trunk sewer system that is located at the southern boundary of the Sherburne County Government Center. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-11 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING FOR MARCH 13 AT 6:30 P.M. ON THE IMPROVEMENT IN THE MATTER OF THE WESTERN AREA PHASE IV IMPROVEMENT OF 2000. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Pedestrian Bridge The issue was discussed regarding whether plaques should be dedicated in the memory of John Twaddle for the pedestrian bridge. Terry Maurer reviewed the issue. There were concerns expressed regarding whether plaques should be placed on the bridge and the possibility that the plaques wording may be confusing. Another concern was whether it is appropriate for the city to pay for the plaques. It was noted that Mr. Twaddle has put in a lot of effort toward the bridge, fencing and lighting for improving the safety on Highway 169. It was the consensus of the council to contact Mr. Twaddle and inform him of the council's concerns regarding wording on the plaques and payment. Hi,qhway 101 Brid.qe Update Mayor Klinzing and Pat Klaers updated the council on the Highway 101 bridge replacement informational meeting. Following discussion, the council directed staff to draft a letter to MnDOT expressing the city's concerns regarding the impact this project will have on the city of Elk River. Open Mike No one appeared for open mike. City Council Minutes February 22, 2000 Page .5 6.1. 6.2. 6.3, Building and Zonin.q Updates Building and Zoning Administrator Steve Rohlf updated the council on the following issues: A, Update on court case involving James and Curt Charest in the violation of wetland laws and the city's Wild and Scenic River Ordinance, B. Request to contract with ERG as the city's landfill environmental consultant, The council agreed with this request, but also requested staff to compare costs of services between ERG and Liesch and Associates and to make a recommendation to the council following this study, C, Request to hire a full time code enforcement/housing inspector, COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE STAFF TO ADVERTISE FOR A FULL TIME CODE ENFORCEMENT/HOUSING INSPECTOR. COUNCIl. MEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. D. Building Department remodeling project - Steve Rohlf requested to withdraw this item, E, Update on how the staff is working with the builders, contractors and area building inspectors to create public awareness related to building issues. F. Commended Building Official Cliff Skogstad's appointment as vice-chair of the International Code Development Committee. Request by Mark and Kimberly Ahner for General Plannin.q Permit to Hold Auction, Case No. GP 00-1 Director of Planning Michele McPherson reviewed the request by Kimberly and Mark Ahner for a general planning permit to conduct a fundraising auction at the former Morrell Trucking site located at 809 Jackson Avenue, COUNCILMEMBER FARBER MOVED TO APPROVE THE GENERAL PLANNING PERMIT GP 00-1 REQUESTED BY THE AHNERS FOR A FUNDRAISING AUCTION AT THE MORRELL SITE WITH THE FOLLOWING CONDITIONS: NO PARKING IS ALLOWED ON SCHOOL STREET; PARKING IS ALLOWED ON JACKSON AVENUE SOUTH OF 8TM STREET. MS. AHNER SHOULD WORK WITH ALLIANCE CHURCH, CENTRAL LUTHERAN CHURCH, AND THE HIGH SCHOOL TO PROVIDE PARKING. THE AUCTION BILLS SHOULD REFLECT THE AVAILABILITY OF PARKING AT THESE SITES. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Request by Michael and Bonnie DeZelar for Conditional Use Permit for Private Kennel, Public Hearin,q Case No. CU-00-1 Senior Planner Scott Harlicker indicated that Michael and Bonita DeZelar have made application for a conditional use permit to obtain a private kennel license at the location of 13884 200th Ave. NW. The applicant is proposing to keep 6 to 8 Siberian Huskies. The dogs will be used for recreational dog sledding. Scott reviewed the staff report. City Council Minutes February 22, 2000 6.3.a. 6.4, Page 6 Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE DEZELARS FOR A PRIVATE KENNEL AT 13884 200TM AVE. WITH THE FOLLOWING CONDITIONS: 1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING OR BOARDING OR SELLING. 2. THAT THE PRIVATE KENNEL BE LIMITED TO 8 DOGS. 3. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY. 4. THAT THE APPLICANT RECIEVE A PRIVATE KENNEL LICENSE FROM THE CITY COUNCIL. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Request for Private Kennel License COUNCILMEMBER MOTIN MOVED TO GRANT A PRIVATE KENNEL LICENSE TO MICHAEL AND BONITA DEZELAR AT 13884 200TM AVENUE NW PROVIDED THAT THE STIPULATIONS OF THE CONDITIONAL USE PERMIT ARE MET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Request for an Amendment to a Conditional Use Permit for Arnie Mach, Public Hearin.q, Case No. CU 00-2 Planner Stephen Wensman stated that Arne Mach has submitted a request to amend a conditional use permit to allow the construction of a small office for an auto sales and leasing business in one of the new storage stalls in the Gopher State Mini-Storage located at 18944 York Avenue NW. Stephen Wensman reviewed the staff report. Mayor Klinzing opened the public hearing. Arne Mach - 1927 Wand stated that he is the applicant and that he is available to answer questions of the council. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE REQUEST FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT FOR ARNE MACH TO CONSTRUCT AN OFFICE FOR AN AUTO SALES AND LEASING BUSINESS IN THE GOPHER STATE MINI- STORAGE BUILDING WITH THE FOLLOWING CONDITIONS: 1. THAT ALL PREVIOUS CONDITIONS OF CU 99-10 ARE UPHELD. THAT THERE BE NO ON-SITE STORAGE OF CARS RELATED TO THE SALES AND LEASING BUSINESS. City Council Minutes February 22, 2000 Page 7 IF ADDITIONAL PARKING IS NEEDED IN THE FUTURE, THE DEMONSTRATED PARKING STALL SHALL BE INSTALLED UPON REQUEST BY THE CITY. 4. THAT ALL AUTO TRANSACTIONS OCCUR OFF-SITE. THAT ANY NEW SIGNS CONFORM TO THE ELK RIVER SIGN ORDINANCE AND THAT A SIGN PERMIT BE OBTAINED PRIOR TO ANY INSTALLATION OF SIGNS. 6. THAT THE BUILDING BE CONNECTED TO CITY SEWER AND WATER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Request by Phoenix Enterprises for Final Plat ~'Hillside Estates 9th), Case No, P 98-5 and Discuss Auburn Street Cul-de-sac Issue Councilmember Thompson stepped down from the council table due to a conflict of interest with this request. Senior Planner Scott Harlicker indicated that Phoenix Enterprises has made application for final plat approval for Hillside Estates 9th Addition. The final plat consists of 15 single family lots with the remainder of the preliminary plat being final platted with future additions. Scott reviewed the staff report. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-12 GRANTING FINAL PLAT APPROVAL FOR THE WOODS OF HILLSIDE, CASE NO. P98-5. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 3-0. The issue of the Auburn Street cul-de-sac will be discussed when the public hearing is held for the plat of Hillside 8th Addition. 7. Staff Updates There were no staff updates. 8. Other Business The city administrator reviewed the settlement agreement between the city and Ronal Guenther. COUNCILMEMBER THOMPSON MOVED TO ACCEPT THE GUENTHER SETTLEMENT AS PRESENTED. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9, Joint Meetin.q with Plannin.q Commission The City Council recessed to the training room for a joint worksession with the Planning Commission. 8:30 p.m, At 8:35 p.m. Mayor Klinzing met with the Planning Commissioners to discuss legal requirements and limitations in reviewing applications and general city development issues. City Attorney Peter Beck and Director of Planning Michele McPherson reviewed the topics listed on the 2/22/00 joint meeting agenda. Items City Council Minutes Page 8 February 22, 2000 I., Legal Laws, and I1., Basic Legal Principles, were briefly reviewed while Item II1., Specific Planning and Zoning Issues, was discussed in more detail. The specific planning and zoning issues discussed included the Comprehensive Plan, zonings, rezonings, conditional use permits, interim uses, variances, appeals, subdivisions, the application process, and enforcement. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:,55 p.m. Sandra Peine City Clerk