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01-19-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 19, 1999 Members Present: Mayor Klinzing, Council members Dietz, Farber, Motin, and Thompson Members Absent: None Staff Present: Pat Klaers, City Administrator; Scott Harlicker, Planning Assistant; Steve Wensman, Planner; Andy Brotzler, City Engineer's Office; Peter Beck, City Attorney; Joni Pearson, Recording Secretary Also Present: Tom Mesich, Planning Commission Representative 1 . Call Meetinq 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 1119/99 Aqenda e The following items were postponed to the 2/16/99 council meeting by request from LeFebvre Companies. 6.3. Reauest bv LeFebvre Companies, Inc. for Rezoninq, IC 98-12 6.4. Request by LeFebvre Companies, Inc. for Preliminary Plat (Leon LeFebvre Second Addition), P 98-9 6.6. Request by LeFebvre Companies, Inc. for Amendment to PUD Conditional Use Permit, CU 98-29 6.5. Request by LeFebvre Companies, Inc. for Easement Vacation, EV 98-8 COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda The following amendments were made to the Consent Agenda: Correction in 1111/99 City Council minutes, item 5.8. - The motion made by Council member Motin is to go on record as: ...COMMISSION AND BOARD MEMBERS TO BE INTERVIEWED AND APPOINTED IN THE MONTH OF JANUARY... e Correction in 1111/99 City Council minutes, item 5.9b. - The statement made by Mayor Klinzing is to go on record as: ...and the fact that the position the employee is currently in may have been acquired through longevity. City Council Minutes January 19,1999 Page 2 e COUNCILMEMBER FARBER MOVED TO APPROVE THE AMENDED CONSENT AGENDA AS FOLLOWS: 3.1. 1/11/99 CITY COUNCIL MINUTES - APPROVED AS AMENDED 3.2. REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE 9TH), P 98.5 (POSTPONED INDEFINITELY) - APPROVED 3.3. REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 9TH), ZC 98-7 (POSTPONED INDEFINITELY) - APPROVED 3.4. REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD (HILLSIDE 9TH) CU 98-21 (POSTPONED INDEFINITELY) - APPROVED 3.5. REQUEST BY OPPIDAN, INC. FOR AMENDMENT TO PUD AGREEMENT REGARDING SIGNAGE, PA 98-1 (POSTPONED TO 2/16/99) - APPROVED 3.6. REQUEST FOR AnENDANCE AT NATIONAL CONFERENCE FOR FINANCE DEPARTMENT (LORI JOHNSON) - APPROVED 3.7. REQUEST FOR AnENDANCE AT OUT OF STATE CONFERENCE FOR ECONOMIC DEVELOPMENT DEPARTMENT (PAUL STEINMAN) - APPROVED 3.8. REQUEST FOR MASSAGE THERAPIST LICENSE BY CAREY CARLSON - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Northstar Corridor Update e Planning Assistant Scott Harlicker indicated that the Northstar Corridor Authority approved the draft major investment study, and authorized moving forward with Phase II of the study. Phase II includes negotiations with BNSF, environmental review, and preliminary engineering. Scott stressed the importance of maintaining contact with state legislature. He stated that approval of a resolution indicating Elk River's support for the Northstar Corridor commuter rail project is recommended in order to achieve the continuing support from the legislature. COUNCILMEMBER THOMPSON MOVED TO APPROVE RESOLUTION 99-5 REQUESTING STATE FUNDING FOR THE DEVELOPMENT OF A COMMUTER RAIL IN THE NORTHSTAR CORRIDOR. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Boys & Girls Club Update Council member Thompson provided the council with an update on current issues regarding the Boys and Girls Club. He indicated that by the third or fourth week of February, it is hoped that work will begin on the construction of a facility in Lions Park. He further stated that fundraising efforts for this project include the acceptance of bids on a Randy Moss autographed football. Council member Thompson informed the council that there are two new members elected to the Board of Directors for the club; Pat Ebner and Sheriff Bruce Anderson. He indicated that there are still positions open for those who may be interested. 4.3. Presentation on 2001 Arts Alliance e Tony Darkenwald, general chair of the 2001 Arts Alliance, and Pat Feit. vocal music director at Elk River Area High School, presented information to the council City Council Minutes January 19, 1999 Page 3 e regarding the Art Soup Arts Festival planned for June 21-27 in the Historic Downtown. In an overview of the goals of the organization, it was indicated that special efforts (such as the Art Soup Festival) are being made to promote community involvement towards obtaining an art center for Elk River, and that the group is seeking ideas and financial support from the city in that regard. At this time, the organization suggests a contribution from the city in the amount of $5,000 in support of the festival fund raiser. The group indicated that in an effort to promote community involvement, the festival would include art exhibits, activities, visual artists, and workshops for young adults. Chuck Gilliam, Central Minnesota Arts Board, indicated that the School Board had voted unanimously in support of an art center, and that the organization is seeking possible "joint" support from the city. He added that the group is also offering sponsorships and advertising spots for the Art Soup Festival project. Representatives indicated that to date, the organization has raised $9,400, and is awaiting word on grants from Target and the 2001 Committee. It was also indicated that the organization feels that the Art Soup Festival ranks highly in importance to the downtown promotional efforts. In that regard, it was requested that council compare the benefits of the Art Soup Festival to that of the Heritage Festival when considering the contribution request. e Mayor Klinzing indicated her support for the organization and stressed the importance of the arts in the community as well as the value for the youth. She stated that the group is most certainly headed in the right direction with their efforts in making the community aware of the need for an art center, and that she supports the group in its goal towards community involvement. She further indicated that the city should be willing to provide support to help promote the partnership for the arts center. MAYOR KLINZING MOVED TO APPROVE THE FUNDING OF $5,000 TO THE 2001 ARTS ALLIANCE FOR 1999. COUNCILMEMBER FARBER SECONDED THE MOTION. Council member Dietz indicated that he was not prepared to vote on the issue without a recommendation from staff. He further stated that a funding source had not been identified, and he would not be comfortable making a decision until staff has evaluated the issue. Council member Farber stated he feels the promotion of downtown is of high importance for revitalization and he would be willing to use the contingency fund as a source of funding. Councilmember Motin stated that although the funding effort is a good idea, he would be interested in more information on the source and the possibility of a fund matching type of grant. e COUNCILMEMBER MOTIN MOVED TO POSTPONE THE MOTION TO APPROVE THE FUNDING OF $5,000 TO THE 2001 ARTS ALLIANCE FOR 1999 TO THE FEBRUARY 8, 1999, MEETING. COUNCILMEMBER THOMPSON SECONDED THE MOTION AND DIRECTED STAFF TO BRING BACK A RECOMMENDATION AT THE FEBRUARY 8 MEETING. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. City Council Minutes January 19, 1999 Page 4 e 4.4. Consider Pay Eauity Compliance Report City Administrator Pat Klaers informed the council that every three years, each local government jurisdiction is required to report its employee and pay data to the Minnesota Department of Employee Relations in order to determine its compliance with the 1984 Local Government Pay Equity Act. Pat stated that based on the current status, the city would again be in compliance. COUNCILMEMBER FARBER MOVED TO APPROVE THE PAY EQUITY COMPLIANCE REPORT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Consider School Street Feasibility Study and Resolution Orderina the Improvement Proiect Public Hearino Andy Brotzler, Howard R. Green Company, presented information regarding the School Street feasibility study and improvement project of 1999. Andy indicated that the proposed improvement consists of the completion of the widening of School Street to a four-lane facility from its current location just west of Jackson Avenue to Proctor Avenue. He added that it also includes construction of a sidewalk along the south side of the road between Proctor A venue and Jackson Avenue. e Andy stated that the feasibility study proposes the assessment of the sidewalk along the south side of School Street to those abutting properties on a front foot basis. The recommended assessment rate is $12.00 per front foot. He indicated that the feasibility study goes on to take the remaining project cost and assess half of it to the School District and proposes funding the other half with Municipal State Aid Construction Funds. He stated that the rationale used in determining the assessment method was the increased traffic generated by the School District, and increased accidents during the school day. Andy further stated that the feasibility study does include traffic counts along this portion of School Street taken both in early August and late September, and that there is information available (provided by the Police Chief) regarding accident counts. The Howard R. Green Company recommended that the public hearing on the project be held February 22. Council member Motin questioned if the city would be locking into an exact funding plan by approving the resolution and feasibility study. City Attorney Peter Beck indicated that the council has the right to change the funding plan at any time up until the assessment hearing, and therefore would not be locking into any proposal at this time. COUNCILMEMBER FARBER MOVED TO APPROVE RESOLUTION 99-6 TO RECEIVE THE FEASIBILITY REPORT AND ORDER A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE SCHOOL STREET IMPROVEMENT OF 1999. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. e City Council Minutes January 19,1999 Page 5 e 4.6. Consider Actina Liauor Store Manaqer Recommendation City Administrator Pat Klaers provided an update to the council regarding his discussions and interviews with current liquor store employees. Pat stated that Assistant Liquor Store Manager Mike Donais again advised him that he has no interest in the interim manager position or the manager position. Pat informed the council that in an interview process with Finance Director Lori Johnson, it was decided that Brent Behrns and Steve Tillmann are both very good, comparable candidates. Pat indicated that due to the experience of both employees, he feels that an acting manager is not needed during the short period before a replacement is hired. Pat recommended that both candidates be considered for the manager position, using the interim as another testing ground. He stated that both employees have 14 years experience at Northbound working with both Mike and Fritz, and with Fritz's agreement to work on a consulting basis, the interim replacement should not be necessary. e Pat recommended staff proceed with the advertising process for the manager position, consisting of a direct mailing through the Minnesota Municipal Beverage Association and two advertisements in the Sunday Minneapolis Tribune. Pat suggested that, as in past practice, a member or two of the council assist in the interviewing for the liquor store manager position. Councilmembers Farber and Dietz indicated that they would be willing to work with staff in the interviewing process. Council member Dietz also requested that the position of Assistant Liquor Store Manager be reviewed upon the hiring of a new manager. 4.7. utilities Commission Uodate Council member Dietz updated the council on the December and January Utilities activities. He indicated that a major discussion item at the January 12 Utilities meeting was the east Elk River utility expansion project. He stated that as previously discussed with the council, the cost of the water component of the project exceeds the available revenues. He informed the council that the commission agreed to fund all $800,000 of the shortage, but asked that the city include up to $300,000 in the TIF proposal in case the water department couldn't make the bond payments. In addition, the commission indicated that, at a bare minimum, it would guarantee the city $500,000 of the shortage. Councilmember Dietz also informed the council that the commission is currently in negotiations for hiring a customer service person. He indicated that this position would involve 8-10 hours per week, and that the commission feels it will be very beneficial to have a representative on board for "person to person" contacts. 6.1. Reauest bv Ann C. Wayman, Inc. for Conditional Use Permit for Theraoeutic Massaqe, CU 98-28 e Assistant Planner Scott Harlicker indicated Anne Wayman is requesting a conditional use permit to operate a therapeutic massage business, located at City Council Minutes January 19, 1999 Page 6 e 706 Main Street. Scott recommended the council approve the CUP under the condition that the applicant receive approval of a license to operate a therapeutic massage establishment from the City Council. 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 FOR THERAPEUTIC MASSAGE REQUESTED BY ANNE WAYMAN WITH THE FOLLOWING CONDITION: 1. THAT THE APPLICANT RECEIVES APPROVAL OF A LICENSE TO OPERATE A THERAPEUTIC MASSAGE ESTABLISHMENT FROM THE CITY COUNCIL. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike Stoffel Reitsma, 10860 181st Avenue NW, questioned why there was never a public hearing held for input on the TIF District for the East Elk River project. He questioned the procedure for informing the public when a public hearing is to take place. City Attorney Peter Beck indicated that there was a public hearing held on this issue, and that there would be future meetings beginning on January 25,1999. e City Administrator Pat Klaers informed Mr. Reitsma that the public hearing on that issue went before both the EDA and the City Council, and that they were published in the legal section of the Star News. 6.1a. Request for License for Therapeutic Massaqe Establishment COUNCILMEMBER MOTIN MOVED TO APPROVE THE LICENSE FOR THERAPEUTIC MASSAGE ESTABLISHMENT REQUESTED BY ANNE WAYMAN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Reauest by Richard Bury for Administrative Subdivision, AS 98-9 Planner Steve Wensman stated that Richard Bury is requesting an administrative subdivision to create two additional lots from a roughly 36.19 acre parcel. He indicated that the existing parcel is mostly wooded and all but the proposed Parcel A lies within the Mineral Extraction Overlay District. He further indicated that the existing parcel is physically divided by the City Railroad Trail, and the realignment of 22151 Street NW. He stated that the applicant proposes to legally subdivide the existing lot along these physical divisions to create Parcel A, B, and C. Mayor Klinzing opened the public hearing. e Richard Bury, Eden Prairie, owner of the property, stated that the trail was moved 200 feet to the west, and that a survey from 1/6/99 shows a trail width of 100 feet rather than the actual 200 feet. He indicated that he has provided four revised surveys in regard to his property, the trail, and the right-of-way that goes up to City Council Minutes January 19, 1999 Page 7 e Quinn. He further stated that he has given up three already sold acres in the process, and that he felt that waiving the park dedication fee would be a fair trade. Paul Hipsag, 2272 Quinn Street, questioned why, after four surveys, there is still doubt as to where Quinn Street is located. He also questioned what the zoned usage for Lot A would be. There being no further comments, Mayor Klinzing closed the public hearing. Richard Bury stated that there is no question about the location of Quinn Street, and, as indicated in a letter from Terry Maurer, it has never changed. He further stated that Lot A is zoned agricultural, and that it is not anticipated that it will ever change. Council member Dietz stated that he would not be willing to set a precedent by waiving the park dedication fee. Mr. Bury stated that although he gained land on parcel A, it is not as valuable as the 2,900 square feet he lost on parcel B. He reiterated that the land he lost had already been sold for a very good price. Council member Thompson questioned if it was probable that the Tiller Corporation may mine or sell their land for another use. e City Attorney Peter Beck indicated that substantial setback requirements provide the city with immunities, and that it was not probable that the Tiller Corporation would be an issue. He further indicated that it would require certain procedures to dispose of trail property that was purchased by the city. Council member Farber inquired if, from a legal stand point, it would set a precedent if the park dedication was to be waived. City Attorney Peter Beck stated that it would not necessarily be a legal precedent, but more a practical precedent - which is not uncommon in unique circumstances such as this one. He continued stating that the reason this is not a common issue is that: (A) the owner did lose some land, and (B) the city relocated 22151 Avenue, creating Parcel C. He stated that although the relocation was done in cooperation with the owner, it has resulted in a net loss for him. Mr. Bury informed the council that there is a closing on the property scheduled for February 2, 1999, and that to delay the requested action would result in a tremendous hardship for him. MAYOR KLINZING MOVED TO APPROVE THE REQUEST BY RICHARD BURY FOR AN ADMINISTRATIVE SUBDIVSION TO CREATE TWO ADDITIONAL LOTS FROM A 36.19 ACRE LOT, AND TO WAIVE THE PARK DEDICATION FEE (DUE TO THE APPLICANT'S LAND AND FINANCIAL LOSS ASSOCIATED WITH THE TRAIL EASEMENT RELOCATION) WITH THE FOLLOWING CONDITIONS: e City Council Minutes January 19,1999 Page 8 e 1. THAT TEN FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG 22lST AVE NW AND QUINN, AND A FIVE FOOT DRAINAGE AND UTILITY EASEMENTS ALONG THE NORTH PROPERTY LINE OF PARCEL A. 2. THAT PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $137.50 FOR EACH OF THE TWO NEW LOTS BEING CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing, Councilmembers Thompson, Farber and Motin voted aye. Councilmember Dietz voted nay. 6.7. Reauest bv Oakwood Development Co. for Final Plat Approval (Cherrvwood Hills 2nd Addition), P 99-1 Planner Scott Harlicker informed the council of the request from Oakwood Land Development for a final plat approval on Cherrywood Hills 2nd Addition development to subdivide approximately 8.3 acres into 21 single family lots. Scott indicated that the property is located west of Rush Street and east of Lafayette Woods 2nd Addition. e Tom Mesich, Planning Commission member, stated that the Cherrywood Hills plat had been sent back to the developer several.times in effort to save trees on the lots. He stated that end result was that all trees were demolished and that the Planning Commission is now working towards a "re-foresting" policy in attempt for recourse involving the Commission motif plan. Mayor Klinzing suggested the Sherburne County Tree Board as a possibility in dealing with the motif effort. COUNCILMEMBER THOMPSON MOVED TO APPROVE RESOLUTION NO. 99-7, GRANTING FINAL PLAT APPROVAL FOR OAKWOOD LAND DEVELOPMENT'S CHERRYWOOD HILLS 2ND ADDITION DEVELOPMENT TO SUBDIVIDE APPROXIMATELY 8.3 ACRES INTO 21 SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND NECESSARY IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON COMPLETING PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD TO GUARANTEE QUALITY OF WORK. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $2,891.49 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. e 6. PARK DEDICATION FEE IN THE AMOUNT OF $13,650 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. City Council Minutes January 19,1999 Page 9 e 7. A SEAL COATING FEE, IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER, BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. STREETLIGHTS BE PROVIDED PER ELK RIVER UTILITIES RECOMMENDATION. 9. A GRADING, DRAINAGE, AND EROSION CONTROL PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS 11. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 12. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, A DEVELOPMENT PLAN WILL NEED TO BE SUBMITTED AND APPROVED OUTLINING THE STYLE OF HOMES AND FINISHED FLOOR ELEVATIONS PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. A CLUSTER MAIL BOX DESIGN MUST BE UTILIZED THROUGHOUT THE DEVELOPMENT IN LOCATIONS APPROVED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. e 14. A LANDSCAPE PLAN BE SUBMITTED FOR APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. BOULEVARD TREES AND FRONT YARD TREES BE INSTALLED BY THE DEVELOPER AS REQUIRED BY THE SUBDIVISION ORDINANCE. 15. THE STREET NAMES BE CHANGED PER ELK RIVER BUILDING DEPARTMENT COMMENTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8-9. Reauest by Associated Developers of the Twin Cities, Inc. for Preliminary Plat (Elk River Crossinal and Conditional Use Permit. P 98-8 and CU 98-26 City Administrator Pat Klaers suggested that this item be continued to the February 16, 1999, meeting or until ownership has been assembled and the public hearing readvertised. City Attorney Peter Beck indicated that it is permissible to act on preliminary issues before ownership is assembled but that once in the final stage, council may not act until ownership has been assembled. He further indicated that if the council wishes, they may proceed in February and that the issue can still be deferred until the land is in the developer's ownership. City Administrator Pat Klaers indicated that staff was not prepared for a general discussion at this 1/19 meeting, but that a general overview of East Elk River, including this project, is scheduled for the January 25, 1999, City Council meeting. He recommended that the public hearing be postponed to the February 16, 1999, meeting. e e e e City Council Minutes January 19, 1999 Page 10 COUNCILMEMBER THOMPSON MOVED TO CONTINUE THE REQUESTS BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR PRELIMINARY PLAT AND CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. P 98-8 AND CU 98-26, TO THE FEBRUARY 16, 1999, MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business 7.1 . Review 1/25/99 School/City Meetinq Aqenda City Administrator Pat Klaers updated the council on the agenda for the joint meeting with the school district scheduled for January 25, 1999. He indicated that the two main topics of discussion would be the School Street public improvement project and the city/school police liaison program. Council member Dietz requested that information be gathered for that meeting in regard to the current Ice Arena lease with the high school. 8. Staff Updates There were no staff updates. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:05 p.m. ~~ qoni Pearson Recording Secretary