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10-25-1999 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 25, 1999 Members Present: Mayor Klinzing, Council members Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Peter Beck, City Attorney; Michele McPherson, City Planner; Jeff Beahen, Assistant Police Chief; Paul Steinman, Director of Economic Development 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 Agenda Item 7.1., Northstar Corridor, was added to the agenda. e COUNCILMEMBER MOTlN MOVED TO APPROVE THE 10/25/99 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda Councilmember Motin requested that Item 3.2. be pulled from the consent agenda. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA EXCLUDING ITEM 3.2. AS FOLLOWS: 3.1. CHECK REGISTER - APPROVED 3.30. PAY ESTIMATE #7 TO S.R. WEIDEMA, INC., IN THE AMOUNT OF $238,776.37 FOR WORK COMPLETED ON THE EASTERN AREA IMPROVEMENTS - APPROVED 3.3b. PAY ESTIMATE # 1 TO NORTH VALLEY, INC., IN THE AMOUNT OF $111,167.58 FOR WORK COMPLETED ON THE RAILROAD TRAIL IMPROVEMENTS - APPROVED 3.4. 3.2 ON-SALE BEER LICENSE TO MICHAEL HOANG FOR THE CHINA HOUSE BUFFET AT 17291 HIGHWAY 10 - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Outdoor Ice Rinks Councilmember Motin indicated his concern regarding the possible impact the two outdoor rinks would have on the ice arena. He questioned whether there would be an overlap in additional costs being paid for the installation and maintenance of the e e e e Elk River City Council Minutes October 25. 1999 Page 2 outdoor rinks. He also questioned whether the outdoor rinks would be in competition with the indoor rink. Councilmember Thompson stated that the outdoor skating rinks are for open free skating and do not consist of organized hockey events. Phil Hals indicated that it is the intent to have these rinks serve as open skating rinks for Elk River citizens. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE FUNDING FOR TWO NEW ICE RINKS; ONE ON LAKE ORONO NEAR THE SWIMMING BEACH AND ONE LOCATED BETWEEN THE GARY STREET WATER TOWER AND ORONO ROAD AT A COST OF APPROXIMATELY $6,300. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1 . Reauest bv Timco for Rezoninq (Fox Haven Commercial) from C4 to C3, Public Hearinq Case No. ZC 99-8 Director of Planning Michele McPherson noted that Tom McKee, representing Allina, is requesting that the 4.5-acre site located at the northwest corner of Highway 10 and Joplin Street be rezoned from C4, Neighborhood Commercial, to C3, Highway Commercial, to allow construction of a medical clinic. Mayor Klinzing recognized Pastor Greg Pagh from the Elk River Ministerial Association. Pastor Greg Pagh presented the council with a petition of 450 signatures of citizens who are in favor of rezoning the property to C3 in order to allow a medical clinic to be located on the property. Mayor Klinzing stated her support for the rezoning request and the Allina building proposal. Councilmembers Thompson and Farber concurred. MAYOR KLINZING MOVED TO APPROVE THE ZONE CHANGE OF LOTS 1-3, BLOCK 1, FOX HAVEN COMMERCIAL FROM C4, NEIGHBORHOOD COMMERCIAL, TO C3, HIGHWAY COMMERCIAL TO ALLOW CONSTRUCTION OF A MEDICAL CLINIC BASED ON THE FOLLOWING FINDINGS: 1. THE PROPERTY IS BETTER SUITED FOR HIGHWAY COMMERCIAL USES. 2. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION FAILED 3-2. (The motion failed due to the requirement of a 4/5 vote for a zone change.) 5.1 . Consider the Release of Arts Council Funds City Administrator Pat Klaers reviewed the staff report on this issue. He noted that after reviewing the Arts Council statement of revenues and expenditures for 1999, staff is recommending that the council release $5,000 to the Arts Council for 1999 activities as budgeted. COUNCILMEMBER FARBER MOVED TO RELEASE $5,000 TO THE ARTS COUNCIL FOR 1999 ACTIVITIES. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e Elk River City Council Minutes October 25. 1999 Page 3 5.2. Consider Initiative Foundation Request for Funds Director of Economic Development Paul Steinman reviewed this request. He noted that the Economic Development Authority voted to deny the request for contributions. COUNCILMEMBER FARBER MOVED TO DENY THE REQUEST FOR A CONTRIBUTION OF $14,929 TO THE INITIATIVE FOUNDATION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Rivers of Hope Request for Funds Margaret Ostman, executive director for the Rivers of Hope, made a presentation to the City Council requesting a contribution either in a dollar amount or a possible fee for services provided. She spoke about the number of people served in Elk River. She also spoke about the need for help from other cities and requested a consistent type of support from the City of Elk River. COUNCILMEMBER FARBER MOVED TO CONTRIBUTE $5,000 TO THE RIVERS OF HOPE. THE MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER MOTIN MOVED TO CONTRIBUTE $3,000 TO THE RIVERS OF HOPE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Holt/Jackson Proposal Review Director of Economic Development Paul Steinman distributed a copy of a proposed purchase agreement for the parcel of city-owned property located at the corner of Holt and Jackson. He reviewed the proposed office building and indicated that the primary tenant will be ReMax Realty. He noted that office buildings are currently not an allowed use in a C4 zone and that the applicant would be requesting a rezoning or an amendment to the zoning ordinance to allow for the proposed development. Mr. Dwight Denyes of ReMax addressed the council and reviewed the concept design of the proposed building. Council member Farber noted his concern regarding the preservation of trees on the property. Paul Steinman noted that staff would be ready to present the purchase agreement to the council on November 8. COUNCILMEMBER THOMPSON MOVED TO REMOVE THE HOLT/JACKSON PROPERTY FROM THE MARKET UNTIL THE PURCHASE AGREEMENT FROM DENNIS ANDERSON AND DWIGHT DENYES IS PRESENTED ON NOVEMBER 8,1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes October 25. 1999 Page 4 e 5.5. Consider Appointment of Gary Leirmoe as Chief Operator of the WWTS City Administrator Pat Klaers reviewed the staff report on this issue. He noted that Gary Leirmoe has been in charge of the Wastewater Treatment System since Darrell Mack's retirement. The city administrator recommended that Gary Leirmoe be appointed to the new position of WWTS Chief Operator, which would be under the direct supervision of City Engineer Terry Maurer. The city administrator further reviewed the terms and conditions of this position and promotion as outlined in his October 25, 1999, memo and responded to questions from the council. COUNCILMEMBER THOMPSON MOVED TO APPOINT GARY LEIRMOE AS THE WWTS CHIEF OPERATOR AT $20.33 PER HOUR EFFECTIVE IMMEDIATELY UNDER THE TERMS AND CONDITIONS AS OUTLINED IN THE MEMO FROM THE CITY ADMINISTRATOR DATED OCTOBER 25,1999. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Emporium Update City Administrator Pat Klaers updated the council on weekend activities at the Emporium. He indicated that the city has experienced some issues regarding young adults mixing with teens. He explained that the city is taking action to limit the age to 20 years in order to resolve these issues. Pat Klaers and Assistant Chief Police Jeff Beahen reviewed other actions that the city is taking in order to address city and parent concerns regarding activities at the Emporium. e 6. Open Mike No one appeared for this item. 7. Other Business 7. 1 . Northstar Corridor Update Mayor Klinzing noted that she and Council member Motin attended a meeting of the Sherburne County Communities and the Sherburne County Commissioners that focused on funding of the Northstar Corridor. She stated that discussion was held regarding the county's capital share of $2.2 million. She indicated that the main question was how much of this $2.2 million would local cities or townships be willing to fund. Mayor Klinzing indicated that the cities present at the meeting did not offer any funding, and felt that the funding of capital costs needs to be on a regional basis. She indicated that it is possible that Sherburne County will bond for the $2.2 million. Mayor Klinzing noted that the ongoing operating cost of $9 million was also discussed at the meeting. She stated that Sherburne County expressed their belief that this obligation belongs to the State of Minnesota. It was the consensus of the council to have the city administrator work with the mayor on a draft letter stating the city's desire that the counties would cover the capital costs for this project and that the shortfall in the operating costs would be a state borne cost. e e e e Elk River City Council Minutes October 25. 1999 Page 5 The council requested that the letter be presented at the November 8, 1999, City Council meeting. 8. Staff Updates 8.1 . The city administrator updated the City Council on the payment for the railroad and Cretex trail improvements. 8.2. The city administrator updated the City Council on the issue of the George Deschenes land acquisition, the city funding of relocation expenses, the relocation of the business on the .85 acre site, the proposed plat, and other issues needing to be resolved before a building permit is issued and the .85 acre site resold. The council generally concurred with the direction staff was taking with this project. 9. Adiournment ~There being no further business, Mayor Klinzing adjourned the meeting at 7:40 p.m. (f)~ an ra eine ~ City Clerk