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03-13-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 13, 2000 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, and Thompson Members Absent: Councilmember Farber Planning Commission Present: Tom Mesich, Joe Schuster, Mark Pederson, Jori Morphew, and Louise Kuester Staff Present: Pat Klaers; City Administrator, Sandra Peine; City Clerk, Terry Maurer; City Engineer, Peter Beck and Mark Mathison; City Attorneys, Mark Nevinski; Assistant Director of Economic Development, Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner 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 6:55 p.m. by Mayor Klinzing. Consider 3/13/00 A.qenda The following items were added to the council agenda: 3.7. Call special meeting for April 13, 2000, at 6:00 p.m. at Riverwood Conference Center for Volunteer Recognition Program. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent A.qenda COUNClLMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2a. 3.2b. 3.4. 3.5. CHECK REGISTER - APPROVED 2/28/00 REGULAR CITY COUNCIL MINUTES - APPROVED 2/28/00 EXECUTIVE SESSION CITY COUNCIL MINUTES - APPROVED CALL SPECIAL MEETING OF THE CITY COUNCIL FOR THE FOLLOWING DATES: · APRIL 3, 2000, AT 6 PM AT CITY HALL FOR A CAPITAL IMPROVEMENT WORKSESSION · MAY 24, 2000 AT 9:30 A.M. AT CITY HALL FOR THE ANNUAL MNDOT SPRING TOUR MAKE RECOMMENDED CHANGES TO THE SEVERANCE PAY SECTION OF THE CITY'S PERSONNEL POLICY MANUAL - APPROVED City Council Minutes March 13, 2000 $.6. 3.7. Page 2 REQUEST TO PURCHASE 4-WHEEL DRIVE PARK MAINTENANCE TRACTOR FOR STREET/PARK DEPARTMENT AT $26,600 AS BUDGETED IN THE 2000 BUDGET - APPROVED CALL SPECIAL MEETING OF THE CITY COUNCIL FOR APRIL 13, 2000, 6 PM AT RIVERWOOD CONFERENCE CENTER FOR VOLUNTEER RECOGNITION PROGRAM - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Administration 4.1. Public Hearin.q on Tax Increment Policy Revisions Mark Nevinski noted that the EDA and council have provided input on the city's Tax Increment Financing policy. He explained that the policy has been revised to comply with new state statutes and to more clearly define the city's position for the use of TIF. He noted that this public hearing is required to allow public comments and input on the modified policies. COUNCILMEMBER MOTIN MOVED TO APPROVE THE TAX INCREMENT FINANCING POLICY AS PRESENTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.12. Consider Amendment to Liquor Ordinance The city clerk explained that the City of Elk River is requesting to revise the existing liquor ordinance to bring it into compliance with the state law and to clearly spell out the penalties for liquor violations. The city clerk introduced Mark Mathison from Grey, Plant, Mooty, who assisted in drafting the ordinance. The council discussed the proposed presumptive penalties for liquor violations. It was suggested that the violations be accumulative over a two-year period instead of the one year period as proposed in the ordinance. Also discussed was the proposed 8:00 pm closing time for Christmas Eve. Although the state allows closing at 10:00 pm the council felt that the city should remain at 8:00 pm. The city clerk noted that all of the liquor licensees had been informed of the ordinance revision and of this meeting. Mayor Klinzing asked for comments from the public. There was no public comment provided. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 00-01 AMENDING SECTION 800 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED BEER, WINE, AND LIQUOR LICENSING AND REGULATION WITH THE FOLLOWING CONDITION: 1. THAT SECTION 800.24(1)(d) READ AS FOLLOWS: "FOR THE PURPOSES OF THIS SECTION REGARDING PENALTIES FOR VIOLATIONS RELEVANT TO LICENSING, THE NUMBER OF VIOLATIONS BY A LICENSEE SHALL BE CUMULATIVE OVER A 24 MONTH PERIOD ON A ROLLING BASIS. THUS, AFTER THE END OF 24 MONTHS FOLLOWING THE DAY A VIOLATION OCCURRED, THAT VIOLATION SHALL BE REMOVED FROM City Council Minutes Page 3 March 13, 2000 CONSIDERATION FOR PURPOSES OF APPLYING THIS GRID TO DETERMINE PENALTIES. NOTHING IN THIS SUBSECTION SHALL RESTRICT THE DISCRETION OF THE COUNCIL WITH REGARD TO DETERMINATION OF THE APPROPRIATE PENALTY FOR ANY VIOLATION." COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.3. Public Hearin.q on Western Area Phase 4 (Business Center Drive/Waco Street) Improvement Project City Engineer Terry Maurer indicated that the public hearing this evening was for improvements relating to Western Area Phase 4. Terry Maurer reviewed the components of the project that were presented in the Feasibility Study. City Engineer Terry Maurer indicated that the city has received a petition for local improvement from S&Z investments and Heritage Landing Development Company. He explained that this project relates to Western Area Phase 5 improvements. Terry Maurer reviewed the components of the Western Area Phase 5 improvement project. He explained that S&Z Investment is petitioning for city sewer and water to service the property and Heritage Landing Development Company is requesting to be reinstated in the Urban Service District if sewer and water becomes available to their property. Mayor Klinzing opened the public hearing. David Kirkman representing the Wilson family (Hoyt Partners) encouraged the council to approve the Western Area Phase 4 improvement project. He also spoke about utilizing the 2-year deferred interest policy. Richard Bickman representing his father, Joe Bickman, indicated he is opposed to the project. He stated that the city is assessing too much money to just a few landowners who are not interested in the project at this time. He also stated it was not necessary to loop the water system. Geor.qe Sanford, president of S&Z Investments and the petitioner for the 38-acre parcel, indicated that he wanted to be assured that there will be sufficient access from Waco Street for future residential development of his property. He also requested that the city service his parcel of property if sewer and water is made available through the Western Area Phase 4 project. Richard Kincanon, president of Heritage Landing, requested to reinstate Heritage Landing Parcel into the sewer and water district. Gerry Waite, 13679 Highway 10, questioned if the project included bike trails and sidewalks. Terry Maurer indicated that these amenities were included in the project. Mr. Waite stated that he was in favor of seeing these types of amenities as it will benefit his family. There being no further comments, Mayor Klinzing closed the public hearing. Mayor Klinzing indicated that she is interested in the project, but does not feel there are enough property owners on the north side of Highway 10 to be assessed City Council Minutes Page 4 March 13, 2000 for the project and the property owners north of Highway 10 are not interested in the project. She indicated that she is only interested in the water main on the north of Highway 10 because it will be paid for by Elk River Utilities. 4.3a. Discussion on Western Area Phase 5 Councilmember Dietz indicated he is in favor of the project. He indicated he felt that it is crucial to loop water lines as it provides a better quality of water. Regarding the S& Z proposal, he suggested that the developer not wait for a big box user, but instead work toward pla~ing the area in some way as it is evident that sewer and water will be proposed for the area in the near future, which would complete the Western Area sewer and water project. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 00-13, ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE WESTERN AREA PHASE IV IMPROVEMENT OF 2000. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-1. MAYOR KLINZING OPPOSED. 5. Open Mike No one appeared for Open Mike. 6. Staff Updates City Attorney Peter Beck updated the council on the land acquisition for the Eastern Elk River Project. 7. Other Business 7.1. Review 4.3 Special Meetin.q A.qenda The City Administrator reviewed a draft agenda for the April 3 CIP meeting. · The City Administrator gave a brief update on the future of VandenBerge pool. 8. Recess to Trainin.q Room Mayor Klinzing recessed the meeting at 8:22 p.m. At this time the Council moved to the training room for a joint work session with the Planning Commission. The Planning Commission and City Council discussed the following issues with the noted results: Tree Preservation - Planning Commission should work on an ordinance to present to the City Council. Cluster Ordinance - No amendments at this time; work with the ordinance in its current form. 3. Update on recodification of the Zoning Code. City Council Minutes March 13, 2000 Page 5 4. Focus Area Study - 171st Avenue, Northstar Corridor Depot site land uses. 5. Review Comprehensive Plan. 6. Review Transportation Plan. 7. Kinder Care, Holt & Jackson Avenues - revise site plan to reduce impact to trees. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:50 p.m. Sandra Peine City Clerk