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11-20-2000 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 20,2000 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Michele McPherson, Director of Planning; Steve Wensman, Planner; Peter Beck, City Attorney; and Bryan Adams, Utilities General Manager 1. Call Meetina 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 Aaenda Mayor Klinzing suggested moving item 5.1. forward on the agenda to follow item 3.2. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE NOVEMBER 20, 2000, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. CONSIDER TRANSIENT MERCHANT LICENSE FOR ANTOINE FRENIER TO SELL DISH NETWORK SATELLITE PROGRAMMING - APPROVED 3.2. REQUEST FOR 3.2 PERCENT BEER ON-SALE LICENSE TRANSFER FOR PIZZA HUT - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. Canvass Results of Ward 3 Recount The City Clerk reviewed the resolution of canvass for the recount of the Ward 3 Council race. She explained that after a hand count of the ballots, the totals were identical to those of the precinct counter results. She explained that the one over-voted ballot was pulled by the judges for a decision on voter intent. The Clerk indicated that it was determined that the voter intent was to cast a vote for Dan Tveite. She explained that this decision was based on Minnesota Statute 204C.22, Subdivision 11. This decision tied the race giving each candidate 793 votes. The Clerk indicated that the ballot was challenged by Larry Farber who . . . City Council Minutes November 20, 2000 Page 2 indicated that he felt the voter intended to vote for him. The Clerk indicated that the decision of voter intent was now up to the City Council. Council member Farber explained that he felt a mark of X was a common way of indicating choice. He further noted that a voter must erase or obliterate an unwanted vote and he did not feel that the X obliterated the name on the ballot. Councilmember Farber further indicated that voter intent must be very clear and he felt that in this case the intent was unclear. The Clerk unsealed the ballot and showed the ballot to the Council. COUNCILMEMBER MOTIN MOVED THAT THE VOTE WAS INTENDED FOR DAN TVEITE AND TO ADOPT RESOLUTION 00-100 CANVASSING THE RECOUNT OF THE NOVEMBER 7,2000, MUNICIPAL GENERAL ELECTION RESULTS FOR THE OFFICE OF WARD THREE COUNCIL MEMBER, DETERMINING THAT THE VOTE IS A TIE VOTE WITH DAN TVEITE RECEIVING 793 VOTES AND LARRY FARBER RECEIVING 793 VOTES. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-1- 1. Mayor Klinzing voted against the motion and Council member Farber abstained. Mayor Klinzing voted against the motion as she felt the voter intent could not clearly be discerned. Mayor Klinzing indicated that according to Minnesota Law, a tie vote must be determined by lot. She suggested either a coin toss or draw of cards. The Council decided to determine the winner by a high card draw. Dan Tveite drew a 7 and Larry Farber drew a 6. (Councilmember Farber stepped down from the Council table at this time.) COUNCILMEMBER MOTIN MOVED THAT DAN TVEITE WAS THE WINNER OF THE WARD 3 COUNCIL RACE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Plannina Commission Interviews The City Council interviewed the following four applicants to fill two Planning Commission vacancies. Those interviewed were Michael Stiff, Doug Johnson, Corey Anderson, and Howard Ropp. 5.2. Consider Lions Park Shelter Exoansion Director of Planning Michele McPherson indicated that staff has been working with representatives from the Lions organization on a building expansion for the Lions Park Shelter located in the northwest corner of the park. Ms. McPherson reviewed the staff report on this issue. Council discussion was held regarding whether this project would conflict with the YMCA project in relation to the proposed meeting space for both projects. The City Administrator indicated that the main meeting space for the YMCA is proposed to be used for larger crowds than that of the proposed Lion's building. . . . City Council Minutes November 20, 2000 Page 3 The Council also discussed the issue of future city operating and maintenance costs if the city were to take possession of the building. Michele McPherson indicated that she did not have cost estimates at this time. Mayor Klinzing indicated her concern about the Lion's request to have the city help pay for SAC and WAC charges and building permit fees. Council member Thompson stated that the city should be responsible for these costs if the city intends to eventually own the building. Councilmember Motin concurred. Council member Dietz stated that he would like to see estimated operating expenses including the proposed waived fees before any decision on city ownership is made. It was the consensus of the City Council that the project continue on with the Planning Commission and City Council review process and in the meantime to have staff put together estimated operating expenses that would be incurred by the City if the City owned the building. 5.3. Consider Resolution for Snowmobile Trail Permit Hiahwav 169 and Hiahway 10 Riaht-of-Way Director of Planning Michele McPherson stated that the River City Snow Riders are requesting assistance from the City Council to obtain a permit from the Department of Transportation in order to establish snowmobile trails along the Highway 10 and Highway 169 rights-of-way. Michele reviewed the staff report on this issue. COUNCILMEMBER THOMPSON MOVED TO APPROVE RESOLUTION 00-101 REQUESTING A SPECIAL USE PERMIT TO CONSTRUCT A SNOWMOBILE TRAIL ON MINNESOTA DEPARTMENT OF TRANSPORTATION HIGHWAY RIGHT OF WAY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Consider Reauest by River City Snow Riders for Use of Gary Street Water Tower Site for Safety Trainina Director of Planning Michele McPherson stated that the River City Snow Riders are requesting use of the Gary Street water tower site for snowmobile safety training on Saturday, December 16, 2000. She stated that the snowmobile club would use this area for the driving portion of the safety course. This course is geared toward educating younger snowmobilers in safe snowmobile operation. Michele reviewed the staff report on this issue. COUNCILMEMBER MOTIN MOVED TO ALLOW THE RIVER CITY SNOW RIDERS TO USE THE GARY STREET WATER TOWER SITE FOR THE SNOWMOBILE SAFETY COURSE ON DECEMBER 16, 2000, WITH THE CONDITION THAT ANY EXCESSIVE DAMAGE CAUSED BY THE SNOWMOBILES WILL BE CORRECTED BY THE SNOWMOBILE CLUB. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . City Council Minutes November 20, 2000 Page 4 5.5. Northstar Corridor Develooment Authoritv Uodate Mayor Klinzing reviewed Senior Planner Scott Harlicker's memo in regard to the recent meeting of the Northstar Corridor Development Authority held on November 2, 2000. 5.6. Utilities Commission Uodate Bryan Adams, Utilities Superintendent updated the council on the recent Utilities Commission meetings. Consider Well and Water Tower Sites Utilities General Manger Bryan Adam requested that the City Council consider the locations being proposed by the Utilities for its well (plus treatment building and backwash pond) and water tower. He stated that these facilities were briefly discussed at the joint meeting between the City Council and Utilities Commission on September 25, 2000. Discussion was held regarding the proposed site for the water tower. Michele McPherson reviewed the 6 options and noted that the proposed site is option # 5 located at the NW Corner of Trott Brook Park. Park and Recreation Commissioner John Kuester indicated that the vote for this site was a split vote and stated that the Commission felt it had to choose between the lesser of two evils (Hillside Park or Trott Brook Park). Discussion was held regarding the desired location of the well that is on the east side of the new Tyler Street on a remnant of the George Deschenes property that the city purchased for the road construction project. The City Administrator indicated his concern regarding the desirability of the land once the well facilities are located at the site. He suggested that the developer may obtain the land for either cash or additional parkland. COUNCILMEMBER DIETZ MOVED TO APPROVE SITE #5 FOR THE WATER TOWER AND THE PROPOSED SITE FOR THE WELL WITH THE STIPULATION THAT THE UTILITIES PAY $10,000 TO THE PARK DEDICATION FUND AND THAT THE UTILITIES INSTALL THE TRAILS IN THIS PORTION OF THE DEVELOPMENT AS PART OF THE TOWER CONSTRUCTION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Communitv Recreation Uodate Councilmember Paul Motin updated the Council on recent Community Recreation activities. He noted that the Commission reviewed the revised Joint Powers Agreement. He further noted that Hassan Township is still considering withdrawing from the Joint Powers Agreement. 5.8. Park & Recreation Commission Uodate Director of Planning Michele McPherson updated the City Council on October and November Park and Recreation Commission activities. . . . City Council Minutes November 20, 2000 Page 5 6. aDen Mike No one appeared for open mike. 7.1. Consider Plannina Commission ADDlicants COUNCILMEMBER THOMPSON MOVED TO APPOINT HOWARD ROPP TO THE PLANNING COMMISSION TO COMPLETE JON MORPHEW'S TERM ENDING FEBRUARY 28, 2001. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN MOVED TO APPOINT DOUG JOHNSON TO THE PLANNING COMMISSION TO COMPLETE LOUISE KUESTER'S TERM, WHICH WILL EXPIRE FEBRUARY 28, 2002. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.2. Reauest bv Madison Marauette Realtv Services for an Amendment to a Conditional Use Permit to Allow Additional Wall Slanaae for NorthStar Access, Public Hearina Case No. CU 00-39 Planner Steve Wensman indicated that Madison Marquette is requesting to amend the conditional use permit for the PUD Agreement for Elk River Plaza 4th Addition to allow two wall signs for Northstar Access. Steve reviewed the staff report on the issue. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the publiC hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE AN AMENDMENT TO THE ELK RIVER PLAZA 4TH ADDITION PUD AGREEMENT TO ALLOW NORTHSTAR ACCESS A SECOND WALL SIGN FACING HIGHWAY 169. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.3. Reauest by Christine White for a Conditional Use Permit to Allow Horses on Less than 5 Acres (4.23 acres), Public Hearina Case No. CU 00-40 Planner Steve Wensman stated that Christine White is requesting a conditional use permit to keep horses in the R1 a zoning district. He stated that the keeping of horses is a conditional use in this zoning district if the property is less than 5 acres in size, and noted that the subject property is 4.2 acres in size. Steve stated that the Planning Commission recommended approval of the request. Steve reviewed the staff report on this issue. Mayor Klinzing opened the publiC hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO KEEP HORSES WITH THE FOLLOWING CONDITIONS: . . . City Council Minutes November 20, 2000 Page 6 1. THE ANIMAL WASTE BE DISPOSED OF PROPERLY AS REQUIRED BY CITY ORDINANCE. 2. A BUILDING PERMIT BE OBTAINED FOR THE PROPOSED HORSE BARN. 3. THE FENCE BE CONSTRUCTED TO CONFORM TO CITY ORDINANCE. 4. A MAXIMUM OF TWO HORSES BE BOARDED ON THE PROPERTY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.4. Reauest bv Linda Allen & John Tomlinson for a Conditional Use Permit to Allow Private Kennel, Public Hearina Case No. CU 00-41 Planner Steve Wensman stated that Linda Allen and John Tomlinson are requesting a conditional use permit to allow a private kennel in the R1a zoning district. He stated that a private kennel is a conditional use in the R1 a district. He noted that the Planning Commission recommended approval of the request Steve reviewed the staff report on this issue. 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 REQUEST BY LINDA ALLEN AND JOHN TOMLINSON TO ALLOW A PRIVATE KENNEL IN THE R1 A ZONING DISTRICT WITH THE FOLLOWING CONDITIONS: 1. THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING, OR SELLING. 2. THE ANIMAL WASTE BE DISPOSED OF PROPERTY AS REQUIRED BY CITY ORDINANCE. 3. THE APPLICANT OBTAINS A PRIVATE KENNEL LICENSE FROM THE CITY. 4. THE DOGS BE LIMITED TO AN AREA ON THE PROPERTY THAT IS SET BACK 15 FEET FROM THE WEST OF THE PROPERTY LINE. 5. THE APPLICANTS COMPLY WITH THE ANIMAL ORDINANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Other Business There was no other business. . . . City Council Minutes November 20, 2000 Page 7 9. Staff Uodates The City Administrator updated the Council on the November 16 School Board meeting with joint city councils and township boards. The City Administrator updated the Council on the memo from the Ice Arena Manager regarding the Ice Arena. Discussion was held regarding a change in seating arrangements due to problems experienced over the past two years. Council member Dietz suggested raising prices slightly and to use the extra revenue for bleachers. Councilmember Dietz requested staff to provide information as to what the City currently charges for tickets and how much extra revenue is needed to pay for bleachers. 10. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the City Council at 8:52 p.m. j 1 v~ ><JOAdtvz ~~~ Sandra Peine 7~ City Clerk