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05-24-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 24, 1999 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Motin, and Farber (6: 1 0 p.m.) Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Planning Assistant; Marc Nevinski, Assistant Director of Economic Development; Tom Zerwas, Chief of Police; Paul Steinman, Director of Economic Development; Pat Klaers, City Administrator; Sandra Peine, City Clerk; Peter Beck, City Attorney; Rich Czech, Ice Arena Manager; Michele Bergh, Interim Community Recreation Director; RaeAnn Gardner, Community Recreation 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 p.m. by Mayor Klinzing. 2. Consider Aaenda e COUNCILMEMBER THOMPSON MOVED TO APPROVE THE 5/24/99 CITY COUNCIL AGENDA WITH THE ADDITION OF THE FOLLOWING ITEM: 6.40. FIREARMS TRAINING SITE COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Aaenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 5117/99 SPECIAL CITY COUNCIL MINUTES - APPROVED 3.2. CHECK REGISTER - APPROVED 3.30. PAY ESTIMATE #2 TO S.R. WEIDEMA INC. IN THE AMOUNT OF $858,525.21 FOR THE EASTERN AREA IMPROVEMENTS - APPROVED 3.3b. PAY ESTIMATE #1 TO ACCURATE ELECTRIC, INC. IN THE AMOUNT OF $37,324.36 FOR THE 17151 AVENUE SIGNAL IMPROVEMENTS - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Request by Dynamics Desian and Land Company for Preliminary Plat Approval (Island View Fifth Addition), Public HearinQ Case No. P 99-7 e Planning Assistant Scott Harlicker presented the preliminary plat by Dynamics Design for Island View Fifth Addition. He stated that the plat includes seven residential lots and the extension of the west end of Island View Drive. He further Elk River City Council Minutes May 24. 1999 Page 2 e stated that the applicant has revised the plat to address the main issues raised by the Council and the residents on Island View Drive, which were discussed during the April 19, 1999, City Council meeting. Scott Harlicker indicated that the revisions include the elimination of Outlot A designing the trail corridor to allow emergency access to the plat and the elimination of the proposed land that was to be dedicated for park purposes. Mayor Klinzing opened the public hearing. Sandy Weicht, 13330 Island View Drive, indicated she is opposed to adding the additional seven homes as the road is already too long. She requested the Council to deny the variance for the cul-de-sac. She further indicated that she would like the Council to consider not allowing another extension to the road in the future. Pat Island, 13563 Island View Drive, stated she would like to see no change in the road. She further stated that if the road is extended and the seven new lots are added she would like the new residents to be informed of traffic safety concerns. She indicated that she would like to see it stated on the record that there will never be an outlot located in the plat. She stated she is not interested in widening Island View Drive. Councilmember Farber arrived at this time (6: 1 0 p.m.) e Dave Fensmaier, 13591 Island View Drive, stated that he would like it on record that no other road be allowed to be connected to Island View Drive. Darrell Island, 13563 Island View Drive, indicated that he also had a concern regarding the possibility of a future road extension off of Island View Drive. Kimberly Hillsbrandt, 13324 Island View Drive, stated she would like to see the neighborhood remain as it is and not extend the road to allow the seven new lots. David Wahlroos, 12742 Island View Drive, indicated his concern regarding the possibility of widening Island View Drive. He indicated that he is concerned about the high traffic use and the rate of speed if the road is widened. Dave Halgren, 13492 Island View Drive, questioned the City Council's plans regarding the possibility of widening Island View Drive in the future. Brad Bjorkman, 13241 Island View Drive, indicated that he is not in favor of extending Island View Drive. Tony Mikols, 13194 Island View Drive, indicated that he is opposed to the extension of Island View Drive. There being no further comments from the public, Mayor Klinzing closed the public hearing. e Councilmember Thompson indicated that he was under the impression that the main complaint of the residents was to eliminate the possibility of Island View Elk River City Council Minutes Mav 24. 1999 Page 3 e Drive being a through street. He indicated that he believes the developer's proposal addresses this issue. Discussion was held regarding the possibility of splitting lots in the plat, therefore adding more residents. Developer Reg Powell indicated that it is not his intention to allow the lots to be split further, and that he would be willing to make that a condition of his plat proposal. COUNCILMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT OF ISLAND VIEW FIFTH ADDITION WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. e 4. 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. 5. A SEAL COAT FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 6. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 7. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 8. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 9. 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. 10. A REALISTIC TREE PRESERVATION PLAN BE PROVIDED SHOWING WHICH TREES WILL BE PRESERVED. e 11. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. Elk River City Council Minutes Mav 24. 1999 Page 4 e 12. 13. 14. 15. 16. 17. ALL MAILBOXES SHALL BE CLUSTERED. WATER AVAILABILITY CHARGES SHALL BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. APPROPRIATE EASEMENTS BE PROVIDED ON ALL LOTS INCLUDING THOSE AREAS THAT ARE SUBJECT TO PONDING, FLOODING, OR WETLANDS. SOIL BORINGS AND PERCOLATION TESTS WILL NEED TO BE PROVIDED WITH EACH BUILDING PERMIT APPLICATION. A 30 FOOT TRAIL CORRIDOR BE PROVIDED BETWEEN LOT 1, BLOCK 2, AND LOT 1, BLOCK 3. A MINIMUM 10 FOOT WIDE PEDESTRIAN TRAIL BE INSTALLED BY THE DEVELOPER, AT THE SAME TIME AS THE STREET, WHICH CONNECTS THE CUL-DE-SAC WITH 189TH AVENUE. 18. THAT THE TRAIL CORRIDOR WILL PROVIDE EMERGENCY ACCESS AND THAT THE TRAIL WILL BE DESIGNED AND CONSTRUCTED TO SPECIFICATION SET BY THE FIRE CHIEF. 19. THE TRAIL CORRIDOR SHALL BE LABELED AS AN OUTLOT. e 20. THAT THERE BE COVENANTS PLACED ON EACH OF THE LOTS, WHICH STATES THAT THERE SHALL BE NO ROAD EXITING TO THE NORTH OR WEST OF THE DEVELOPMENT AND THAT THERE WILL BE NO SUBDIVIDING OF ANY OF THE LOTS OF ISLAND VIEW FIFTH ADDITION UNLESS APPROVED BY 100% OF THE OWNERS WITHIN THE DEVELOPMENT AND CONNECTING TO ANOTHER ROAD TO THE WEST OR NORTH, BLOCKING OFF ISLAND VIEW, TO BE USED FOR EMERGENCY PURPOSE ONLY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Mayor Klinzing indicated that the main focus of this issue is the extension of a cul- de-sac, which is a nonconforming situation to an unsafe road. She stated that she will vote against the motion. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. Discussion pursued regarding the future improvement of Island View Drive. Councilmembers Thompson and Dietz indicated that they have heard several concerns and complaints from residents on Island View Drive regarding the unsafe situation of the road. Councilmember Dietz noted that because of these complaints, the City Council has an obligation to review the situation. Mayor Klinzing indicated she is not interested in pursuing the upgrading of Island View Drive unless a petition is presented from the residents. e Councilmember Farber concurred with Mayor Klinzing. The City Council recessed at 6:56 p.m. and reconvened at 7:02 p.m. Elk River City Council Minutes Mav 24. 1999 Page 5 e 4.2. Art Soup Festival Site Plan Review Director of Planning Michele McPherson provided the Council with a site plan for the layout of the Art Soup Festival. She noted that the site plan includes the closing of King and Jackson Avenues. She indicated that it is proposed to close Jackson Avenue from 6:30 a.m. on Saturday, June 26, to 7 p,m. Sunday, June 27, 1999, King Avenue will also be closed at the same times during the day, but will be open on Saturday night. She further noted that the Art Soup Festival is requesting approval from the city for the placement of three temporary advertising signs on city property. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE CLOSING OF KING AND JACKSON AVENUES DURING THE TIMES PROPOSED FOR THE ART SOUP FESTIVAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ALLOW THE THREE SIGNS ADVERTISING THE FESTIVAL TO BE PLACED ON CITY PROPERTY AS PROPOSED BY THE ART SOUP FESTIVAL. e Discussion pursued regarding the possibility of setting a precedence regarding the use of city property for festivals and placement of signs. It was noted by the Council that the Art Soup Festival is an exception to the rule due to the fact that they were well into the planning process and had assumed approval based on receiving city funding and support prior to the Council making its decision to not allow the use of city property for festivals or sign placement. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained. 5. Open Mike Darrell Island, 13563 Island View Drive, indicated his concern regarding the closing of the road in front of Cretex and the effect the closing has on the kids living in the Island View Addition. He indicated that there was no way for the kids to walk into town without going on Highway 10. The City Administrator informed Mr. Island that staff is working with Cretex regarding the closed road. He indicated that there are plans to develop a trail in place of the road. 6.1. Purchase Agreement for Holt/Jackson Site Assistant Director of Economic Development Marc Nevinski informed the Council that a purchase agreement has been received in the amount of $350,000 for the Holt/Jackson parcel located on Highway 169. He indicated that the buyer is proposing to build a Denny's Restaurant on the site. He further indicated that development of the site is contingent upon site plan and CUP approval by the Planning Commission and City Council. e Council member Motin indicated that he would not approve the agreement because he is uncertain as to whether there should be a restaurant on that site. Elk River City Council Minutes Mav 24. 1999 Page 6 e Mayor Klinzing indicated she concurs with Council member Motin and further stated that she feels the site should be for an office type use. She indicated that she would be interested in looking at a rezoning of the property. COUNCILMEMBER THOMPSON MOVED TO ACCEPT THE PURCHASE OFFER OF $350,000 FROM TS RESTAURANT, LLC FOR THE HOLT/JACKSON PARCEL LOCATED ON US HIGHWAY 169. COUNCILMEMBER DIETZ SECONDED THE MOTION. AI Bisner, real estate developer, reviewed the preliminary site plan with the City Council. Council member Farber indicated his concern regarding the neighborhood statements about buffering. He stated that he would be opposed to a use that did not provide a buffer to the neighborhood. THE MOTION CARRIED 3-2. Mayor Klinzing and Council member Motin opposed. 6.2. School/CiN Liaison Proaram City Administrator Pat Klaers reviewed the Letter of Understanding between the City of Elk River and Elk River Area School District #728 provided by Dr. Flannery regarding the city/school police liaison program. He noted that the School District is proposing to renegotiate if the crime levy is increased beyond $2.00 per capita or if the secondary enrollment in Elk River changes by more than 20 percent. e COUNCILMEMBER MOTIN MOVED TO ACCEPT THE AGREEMENT FOR THE CITY/SCHOOL LIAISON PROGRAM AND AUTHORIZED THE SIGNING OF THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF ELK RIVER AND THE ELK RIVER AREA SCHOOL DISTRICT. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Motin expressed his extreme frustration in dealing with this issue and in the fact that the agreement was changed at the last minute without notification to the Committee that met regarding this issue. Councilmember Farber also expressed his frustration regarding the same concerns. THE MOTION CARRIED 3-2. Councilmembers Dietz and Thompson opposed. 6.3. School Street Assessment Review City Administrator Pat Klaers updated the Council on the School Street assessment. He noted that the School District has appealed its assessment for the improvement of School Street. The Council noted that on May 10, the Council requested the School District to present the city with a figure that it would be willing to pay for the assessment. The City Administrator indicated that at this time he has not received a formal response from the School District. He questioned whether the City Council was prepared to offer a reduced assessment amount. e Discussion was held by the City Council regarding this issue. The City Council directed the City Administrator to inform the School Board that it is still awaiting a dollar figure from the School District. Elk River City Council Minutes Mav 24. 1999 Page 7 . 6.4. Consider Support Services Supervisor Position for Police Department Chief of Police Tom Zerwas requested the Council to promote Michelle Masica to the position of Support Services Supervisor. COUNCILMEMBER MOTlN MOVED TO PROMOTE MICHELLE MASICA TO THE POSITION OF SUPPORT SERVICES SUPERVISOR AT PAY GRADE 11, STEP K, OF THE PAY PLAN EFFECTIVE MAY 1, 1999, AND TO MOVE TO STEP L ON JULY 1, 1999. COUNCILMEMBER FARBER SECONDED THE MOTION. Council member Thompson commended Michelle Masica for the job she has been doing in the records area. THE MOTION CARRIED 5-0. 6.4a. Firearms Trainina Chief of Police Tom Zerwas requested the Council to authorize the use of property owned by Midwest Asphalt for a police firearms training location. He further requested the Council to enter into an indemnity agreement, indemnifying Midwest Asphalt harmless from liabilities. e COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE USE OF PROPERTY OWNED BY MIDWEST ASPHALT CORPORATION FOR A POLICE FIREARMS TRAINING SITE AND TO AUTHORIZE THE SIGNING OF AN INDEMNITY AGREEMENT BETWEEN THE CITY AND MIDWEST ASPHALT CORPORATION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Community Recreation Proaram Discussion City Administrator Pat Klaers discussed issues relating to the Community Recreation Program. The City Administrator recommended that the City of Elk River withdraw from the Joint Powers Agreement. He stated that some of the benefits the city would receive by being on its own include more control over programming and staffing, allowing the staff to be more productive and less involved in political debates, and allowing the city to better respond to the recreational desires and needs of our residents. Park and Recreation Commissioner Representative John Kuester indicated that the Park and Recreation Commission has a concern regarding the relations and needs of the athletic associations if the city were to go on its own. He further indicated that the Park and Recreation Commission felt that if Michele Bergh were to maintain her present position that the issues with the athletic associations could be worked out favorably. He further noted that the Park and Recreation Commission felt that the larger issue should be looked at regarding the possibility of the city hiring a park and recreation director. . Mayor Klinzing indicated that creating a park and recreation department would have to be done in the context of budget discussions. Mayor Klinzing further noted that she is not in favor of the City of Elk River breaking away from the community recreation program and going on its own. She stated that the city should wait until the other participants in the Joint Powers Agreement make the decision to withdraw and at that time Elk River could make its decision to Elk River City Council Minutes Mav 24. 1999 Page 8 e develop its own community recreation program. She further noted that she feels the city should move very slowly in the direction of looking at a park and recreation director. Councilmember Dietz noted that if the city breaks away from the community recreation program and withdraws from the Joint Powers Agreement it will not be excluding the other communities. He noted that the other communities would be able to participate in Elk River's recreation program. Councilmember Motin stated that he felt the only way to save the community recreation program is for one of the communities to take control of the entire program. Councilmember Dietz suggested that Council member Motin relay the Council's concerns and ideas regarding the community recreation program at the next Community Recreation Board meeting. He further recommended that the City Administrator work with Council member Motin on writing a memo to the Community Recreation Board members and have Council member Motin present it to the Board at its next meeting. 6.6. Consider Ice Arena Capital Improvements e The City Administrator informed the Council that the existing ice resurfacer is 15 years old, requires much maintenance, and has a history of being unreliable. He requested the Council to consider authorization to purchase a new ice resurfacer. Mayor Klinzing indicated that she is not in favor of encumbering funds from next year's budget for the purchase of the ice resurfacing machine. She further noted that if funds were available from the sale of King and Main Street she would be in favor of allowing some of these funds to go toward the purchase. The City Administrator indicated that equipment certificates or equipment reserves could also be used for financing this purchase. Council member Dietz requested the City Administrator to present an analysis of the equipment reserves, designated and undesignated funds, to help the Council make a decision as to whether it should move forward with this purchase. Following Council discussion it was the consensus to authorize the ice arena manager to go out for bids and to present the results to the Council at a future date. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE ICE ARENA MANAGER TO GO OUT FOR BIDS FOR THE ICE RESURFACER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. 6.7. East Elk River Improvement Project Update e City Administrator Pat Klaers updated the Council on the acquisitions of the Eull right-of-way property, the Kirkeide house and property, and the Brown purchase agreement. He noted that the EDA will be holding a special meeting on Elk River City Council Minutes Mav 24. 1999 Page 9 e Wednesday, May 26, 1999, to consider the purchase of the Kirkeide house and property. COUNCILMEMBER FARBER MOVED TO APPROVE THE ACQUISITION OF THE KIRKEIDE HOUSE AND PROPERTY USING CITY DEVELOPMENT FUNDS WITH THE EDA HOLDING A SPECIAL MEETING TO FORMALLY APPROVE THE ACQUISITION AND WITH THE EDA BEING THE AGENCY THAT WILL HAVE OWNERSHIP OF THE PROPERTY AS PART OF THE FUTURE BUSINESS PARK. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Mayor Klinzing indicated she would vote against the motion as she feels the city is moving too fast in the purchase of this property. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. 6.8. Review Summer Meeting Schedule City Administrator Pat Klaers reviewed the summer meeting schedule with the City Council. No special meetings were set at this time. 7. Other Business 7.1. Cluster Housina - Mayor Klinzing indicated that she attended a planning seminar regarding cluster housing. She stated that she feels this is something the city should continue to research and would like to see the city move forward in designing a workable ordinance to address cluster housing. e 8. Staff Updates City Administrator Pat Klaers advised the Council that the $72,000 fire department truck chassis, which it approved last October, is now ready to be picked up. The City Administrator informed the Council that police negotiations have begun. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 9:55 p.m. ~~W- City Clerk e