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09-20-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 20, 1999 Members Present: Mayor Klinzing, Councilmembers Dietz and Thompson Councilmember Motin arrived at 6:33 p.m. Members Absent: Councilmember Farber Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Michele McPherson, Director of Planning; Terry Maurer, City Engineer; Peter Beck, City Attorney; Tom Zerwas, Police Chief; Scott Harlicker, Sr. Planner; Michele Bergh, Community Recreation Program Supervisor Also Present: Judy Thompson, Planning Commission Representative; Dave Anderson and John Kuester, Park and Recreation Commission Representatives 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 9/20/99 Council Aaenda e COUNCILMEMBER THOMPSON MOVED TO APPROVE THE 9120/99 COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Consider Consent Aaenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: e 3.1. 9/13/99 CITY COUNCIL MINUTES - WITHDRAWN 3.2. REQUEST BY WINDSOR DEVELOPMENT FOR PRELIMINARY PLAT APPROVAL, SEVEN OAKS, PUBLIC HEARING, CASE NO. P 99-9 -- POSTPONED TO 10/18/99 3.3. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO ALLOW A ONE TIME EXEMPTION FROM THE LOT AREA AND DIMENSIONAL REQUIREMENTS IN THE A1 DISTRICT, PUBLIC HEARING, CASE NO. OA 99-14-- WITHDRAWN 3.4. CONSIDER WORKERS COMPENSATION INSURANCE RENEWAL - APPROVED 3.5. RESOLUTION 99-68 APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY TRANSPORTATION REGARDING LOAN FUND - APPROVED 3.6. RESOLUTION 99-69 APPROVING PREMISES PERMIT RENEWAL FOR THE ELK RIVER/ROGERS VFW POST NO. 5518 TO OPERATE AT THE EAGLES CLUB- APPROVED 3.7. RESOLUTION 99-70 APPROVING PREMISES PERMIT RENEWAL FOR THE ELK RIVER/ROGERS VFW POST NO. 5518 TO OPERATE AT THE SUNSHINE DEPOT - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-0. City Council Minutes September 20, 1999 Page 2 e 4.1 . Boys and Girls Club Update Council member Thompson updated the City Council on the progress of the Boys and Girls Club. He informed the Council that fund raising events are continuing, the interviewing process is moving ahead to hire program staff, and the recently hired program director is working with students to develop programs for the Boys and Girls Club. 4.2. Utilities Commission Update Council member Dietz updated the City Council on issues discussed at the September 7th Utilities Commission meeting. He stated that the main issue of discussion was the possibility of a shared water/sewer superintendent position. 4.3. Community Recreation Update The City Administrator informed the council that quotes have been received in the amount of $1 0,000 to construct the Community Recreation offices at Emporium. He stated that he would have more information for the council next week regarding this issue. e Michele Bergh, Community Recreation Program Supervisor, indicated that the Community Recreation Board approved hiring two part time staff people to assist in the office; one of which will begin work this fall. Michele also noted that fall registration has begun. Michele informed the council that weekend attendance at Emporium has increased recently. 4.4. Northstar Corridor Update Scott Planner, Sr. Planner, updated the City Council on the September 2nd meeting of the Northstar Corridor Development Authority. He indicated that the Authority discussed capital funding, extending the corridor to include Morrison County, station locations, and roadway alternatives. He noted that the Authority approved the station location of 171 st Street for the city of Elk River as recommended by the Technical Advisory Committee. 4.5. City Enqineer Update City Engineer Terry Maurer updated the council on the following issues: . The status of residential wells associated with the east Elk River project. . Construction taking place on 173rd Avenue. . The School Street project has been completed. e Chief Zerwas spoke to the City Council of traffic problems relating to students accessing Lions Park north parking lot in the morning, and exiting the parking lot in the afternoon. He explained that the students use the lot for parking during school hours. He noted that due to a recent accident and other close calls that have been experienced, he strongly recommended that the City Council ban high school students from parking in the north parking lot of Lions Park during school hours. City Council Minutes September 20, 1999 Page 3 e COUNCILMEMBER THOMPSON MOVED TO LIMIT PARKING IN THE NORTH PARKING LOT OF LIONS PARK TO TWO HOURS MAXIMUM FROM 8 A.M. TO 3 P.M. DURING SCHOOL DAYS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5. Open Mike No one appeared for open mike. 6.1. Approve Resolution for Sale of City Property Remnant Parcel from Improvements to 171 st Avenue to LeFebvre Leasina Company, Case No. GP 99-9 Planning Director Michele McPherson stated that earlier this year a public hearing was held by the City Council for the sale of a triangular remnant of property owned by the city that was created as a result of the 171 st Avenue improvements. Michele noted that the sale of the property is consistent with the city's Comprehensive Plan. She further noted that LeFebvre leasing company has complied with the conditions of the land use approvals and that staff recommends that the council convey the city owned property to LeFebvre. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 99-71 DECLARING THE SALE OF CITY PROPERTY TO LEFEBVRE LEASING COMPANY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-0. e Councilmember Motin arrived at 6:33 p.m. 6.2. Approve Resolution for Sale of City Property to Elk River Country Club Michele McPherson reviewed the staff report on this issue. She noted that the Planning Commission granted a general planning permit to allow the Country Club and the city to exchange land and easements to facilitate construction of a new maintenance facility on the Country Club property. She explained that access to the facility is through Woodland Trails Park. Michele explained that it is proposed that the city exchange 1.2 acres near the entrance to Woodland Trails Park for 2.82 acres of Country Club land located between the Railroad Trail and the west edge of Top of the World Park. Michele reviewed the three agreements proposed to document the easement exchange between the two parties. The three agreements are as follows: 1. Driveway easement agreement to allow access over the existing park entry road which requires the Country Club to participate in the costs for seal coating and overlays. 2. Access drive easement agreement which allows the Country Club to construct the access road over park property and requires them to maintain the road. 3. License agreement which allows continued use of the golf course for ski trails November through April each year. The agreement acknowledges that a portion of the licensed area may be used for future development for uses other than a golf course. e Michele McPherson noted that the land exchange is consistent with the city's Comprehensive Plan. City Council Minutes September 20, 1999 Page 4 e Council member Dietz requested that Park and Recreation Commissioner Dave Anderson address this issue. Dave Anderson noted that he had a concern regarding the permanence of the license agreement, He explained that according to the license agreement, the city is exchanging a permanent easement over the park area for a license that mayor may not be permanent. Dave recommended that the issue go back to the Park and Recreation Commission and the Planning Commission for review because the agreement is different than what was presented to the Planning and Park and Recreation Commissions. COUNCILMEMBER DIETZ MOVED THAT THE ENTIRE AGREEMENT BE SENT BACK TO THE PLANNING COMMISSION AND PARK AND RECREATION COMMISSION TO BE RE- REVIEWED. COUNCILMEMBER MOTIN SECONDED THE MOTION. Councilmember Motin suggested that the Whereas in the resolution containing the $1.00 amount be deleted in its entirety and suggested that Item # 3 also be deleted in its entirety, He further noted that the main issue to be discussed by the Planning Commission and Park and Recreation Commission deals with the permanency versus temporary nature of the license. THE MOTION CARRIED 4-0. 6.3. Request bv CAMAS Minnesota for Conditional Use Permit to Amend Hours of Operation, Public Hearina, Case No. CU 99-29 e Michele McPherson noted that CAMAS Minnesota, Inc. is requesting an amendment to their existing conditional use permit to allow screening, washing, and crushing of gravel at their facility from 6 a.m. to 2 a,m. She explained that currently CAMAS is allowed to wash gravel from 6 a.m. to 10 p.m. and to screen and crush gravel from 6 a.m. to 7 p.m, She further indicated that CAMAS is requesting permission to repair equipment at their mine 24 hours per day. Michele reviewed the staff report on this issue. Mayor Klinzing questioned why it would be in the city's best interest to extend the hours. Mayor Klinzing opened the publiC hearing. Dick Gruys - indicated that the longer operation means that there will be more truck traffic. Councilmember Dietz noted that this could set a precedence for other gravel mining companies who wish to extend their hours of operation. He questioned whether there were any other requests from gravel operations to extend hours. Planning Commission representative Judy Thompson indicated that there have been other requests, but they have only been for a temporary period of time, e There being no further comments from the public, Mayor Klinzing closed the public hearing. Council member Dietz questioned whether this would be a permanent change. City Council Minutes September 20, 1999 Page 5 e Bob Bieraugel of CAMAS indicated that the request is for a permanent change. He further noted that the company would be willing to base the request on a trial period to see if the extended hours of operation generate any complaints from residents. COUNCILMEMBER DIETZ MOVED TO GRANT A REQUEST FOR EXTENDED HOURS OF OPERATION TO CAMAS MINNESOTA, INC. ON A TEMPORARY BASIS THROUGH NOVEMBER 30,1999, AT WHICH TIME THE HOURS OF OPERATION WOULD REVERT BACK TO THE EXISTING CONDITIONS OF THE CONDITIONAL USE PERMIT AND AT WHICH TIME THE COUNCIL WOULD REVIEW THE MATTER TO DETERMINE WHETHER CAMAS COULD CONTINUE ITS EXTENDED HOURS OF OPERATION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Mayor Klinzing questioned whether the city ordinance restricts hours of operation for gravel mining. It was noted by staff that the noise ordinance places time limits on noise and that the conditional use permits restrict hours of operation. Mayor Klinzing indicated that the noise ordinance should be adhered to and that she would be voting against the motion. THE MOTION CARRIED 3-1. Mayor Klinzing voted nay. 6.4. Reauest by Little Lambs Christian Day Care and Preschool for Conditional Use Permit. Public Hearina, Case No. CU 99-28. e Michele McPherson noted that Central Lutheran Church is requesting approval of a conditional use permit to allow the operation of a Christian daycare and preschool at 1103 School Street. Michele 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 THOMPSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST CU 99-28 BY CENTRAL LUTHERAN TO OPERATE A DAY CARE AND PRESCHOOL WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL COMPLY WITH THE STATE LICENSING GUIDELINES 2. THE APPLICANT SHALL COMPLETE THE LANDSCAPING APPROVED WITH CU 97-23. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Request by City of Elk River for an Ordinance Amendment to Danaerous Weapons Ordinance Section 404.12 (2B) Request by Team Birke/Minnesota Biathlon for Conditional Use Permit to Construct a Shelter, Public HearinQ, Case No. CU 99-31. 6.6. e Michele McPherson noted that the City of Elk River is requesting an ordinance amendment that would exempt biathlon clubs from the 500 foot discharge buffer requirement. She explained that the exemption is to the 500 foot buffer area in which dangerous weapons cannot be discharged. She noted that a similar exemption was previously granted to the St. Louis Park Gun Club. City Council Minutes September 20, 1999 Page 6 e Michele stated that the Minnesota Biathlon is requesting approval of a conditional use permit to allow construction of a 14 foot by 20 foot shelter building to be used as a warming house by members during winter training activities. She noted that the fire chief and assistant police chief have reviewed the proposal. She stated that the assistant police chief inspected the range for safety compliance and has made recommendations for improvement which would be incorporated into the motion for approval if the request is approved by the City Council. Michele noted that the Planning Commission unanimously voted to recommend approval of the conditional use permit. Councilmember Thompson voiced his concern for children in the area. He recommended that fencing be required around the entire site. Discussion took place regarding the barbed wire fence recommended by the assistant police chief as opposed to a chain link fence. A representative of the Minnesota Biathlon explained that a barbed wire fence is more compatible to the area and that a chain link fence would require the removal of many trees. COUNCILMEMBER DIETZ MOVE TO ADOPT ORDINANCE 99-30 AMENDING SECTION 404.12 (2B) OF THE CITY'S DANGEROUS WEAPONS ORDINANCE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mayor Klinzing opened the public hearing on the conditional use permit for the Biathlon to construct its shelter. There being no one for or against the issue, Mayor Klinzing closed the public hearing. e COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR MINNESOTA BIATHLON TO CONSTRUCT A 14 X 20 FOOT SHELTER BUILDING WITH THE FOLLOWING CONDITIONS: 1. THE CITY WILL AMEND SECTION 404.12 (2B) OF THE ORDINANCE TO ALLOW THE BIATHLON CLUB TO CONTINUE TO DISCHARGE FIREARMS AT THIS LOCATION. 2. THE SHELTER IS CONSIDERED TEMPORARY IN NATURE AND MAY BE REMOVED AT THE REQUEST OF THE PROPERTY OWNER OR IF THE SITE IS REUSED IN THE FUTURE. 3. THAT THE PROPOSED BUILDING SHALL BE CONSTRUCTED IN COMPLIANCE WITH ALL STATE AND CITY BUILDING CODES. 4. THE PROPOSAL BE REVIEWED BY THE FIRE CHIEF PRIOR TO CITY COUNCIL REVIEW ON SEPTEMBER 20,1999. 5. THAT THE BIATHLON CLUB IMPLEMENT THE SIGNAGE AND FENCING RECOMMENDATIONS OUTLINED IN ASSISTANT CHIEF BEAHEN'S MEMO OF SEPTEMBER 14, 1999. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e City Council Minutes September 20, 1999 Page 7 e 6.7. Reauest by Bridaeland Development Company for Rezonina R1 A to PUD, Public Hearina, Case No. ZC 99-7 Reauest by Bridaeland Development Company for Preliminary Plat Preserve Estates, Public Hearina, Case No. P 99-10 Reauest by Bridaeland Development Company for Conditional Use Permit. Public Hearina, Case No, CU 99-30 6.8. 6.9. Councilmember Motin indicated that he had a conflict of interest with Items 6.7, 6.8, and 6.9 and stepped down from the council dais. It was noted at this time that 4/5 vote of the council is required for a rezoning, and that the council would be unable to act on rezoning request at this time, It was the consensus of the council to table Items 6.7 - 6.9. COUNCILMEMBER THOMPSON MOVED TO TABLE ITEMS 6.7,6.8, AND 6.9 TO SEPTEMBER 27,1999, AT 6:00 P.M. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7. Other Business City Engineer Terry Maurer updated the City Council on the following issues: e . Pedestrian Bridge . TH 10/171 st Signal . Tyler Street and Storm Sewer Plans . 175th Street Improvements . County Road 77 /County Road 1 Signalization . TH 169/County Road 33 Signalization The City Administrator requested council permission to contract Patchin and Associates to appraise property for land acquisition on 175th. It was the consensus of the City Council to authorize the City Administrator to contact Patchin and Associates to acquire quotes for the necessary appraisals. Council member Dietz requested the City Engineer to contact MnDOT regarding the signal at Hwy, 169 and 197th. He noted that the highway light triggers too fast for traffic on 197th, Discussion was held by the council regarding Hwy. 169 and Hwy. 10 traffic flow. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY ENGINEER TO REQUEST THE COUNTY TO PURSUE SIGNALIZATION OF COUNTY ROAD 33 AND HIGHWAY 169 USING THE SAME FUNDING METHOD AS THE SIGNAL AT UPLAND AND HIGHWAY 10. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Councilmember Motin suggested that the City Council look at transportation issues as this is a priority of the EDA Strategic Plan. THE MOTION CARRIED 4-0. e The council discussed issues related to parking at the west corner of School Street and Jackson Avenue. The council requested staff contact the property owner e e e City Council Minutes September 20, 1999 Page 8 regarding this issue and to put the topic on the 9/27 City Council agenda for discussion. 8. Staff Updates There were no staff updates. 9. Adiournment There being no further business, the meeting of the Elk River City Council adjourned at 8: 1 0 p.m. Sandra Peine City Clerk