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11-20-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 20, 1995 Members Present: Mayor Duitsman, Councilmembers Dietz. Scheel. Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Steven Ach, City Planner; Bm Rubin, Economic Development Coordinator; Jeff AsfahL Community Recreation Coordinator Also Present: Judy Thompson, Planning Commission Representative 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 Duitsman. 2. Consider 11120/95 City Council Aoenda e COUNCILMEMBER FARBER MOVED TO APPROVE THE NOVEMBER 20, 1995, CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: . 4. 11/13/95 CITY COUNCIL MINUTES -- APPROVED 5.2. PUBLIC HEARING SCHEDULED FOR DECEMBER 21, 1995, TO CONSIDER A MODIFICATION TO TlF PLAN NO.3.. APPROVED 5.3. PUBLIC HEARING SCHEDULED FOR DECEMBER 21, 1995, TO CONSIDER A MODIFICATION TO TIF PLAN NO.2.. APPROVED 5.4. PROCLAMATION PROCLAIMING DECEMBER 4, 1995, AS DENNIS CHUBA DAY.. APPROVED 5.5. NOVEMBER 27, 1995, CITY COUNCIL MEETING TIME CHANGE TO 7 P.M. -- APPROVED 5.110. PAY ESTIMATE NO.3 IN THE AMOUNT OF $128,607.50 TO FOREST LAKE CONTRACTING, INC. FOR WORK COMPLETED ON THE DODGE STREET AND ELK HILLS DRIVE IMPROVEMENTS -- APPROVED 5.11b. PAY ESTIMATE NO. 41N THE AMOUNT OF $17,060.78 TO BARBAROSSA AND SONS, INC. FOR WORK COMPLETED ON THE MAIN AND EVANS STORM SEWER IMPROVEMENTS -- APPROVED 5.11c. PAY ESTIMATE NO.9 IN THE AMOUNT OF $53,391.35 TO BARBAROSSA AND SONS, INC. FOR WORK COMPLETED ON THE WESTERN AREA IMPROVEMENTS .. APPROVED Elk River City Council Minutes November 20. 1995 Page 2 5.11d. e 5.11e. 7.1. 7.2. 7.3. 7.4. 8. FINAL PAY ESTIMATE IN THE AMOUNT OF $89.219.01 TO FOREST LAKE CONTRACTING. INC. FOR STREET IMPROVEMENTS ASSOCIATED WITH THE ELK PARK CENTER IMPROVEMENT PROJECT -- APPROVED FINAL PAY ESTIMATE IN THE AMOUNT OF $7.864.65 TO MASTER ASPHALT. INC. FOR WORK COMPLETED ON THE 1995 OVERLAY IMPROVEMENTS .. APPROVED CITY OF ELK RIVER REQUEST FOR LAND USE AMENDMENT CASE NO. LUA 95-6 -- WITHDRAWN CITY OF ELK RIVER REQUEST FOR ZONE CHANGE CASE NO. ZC 95-6 -- WITHDRAWN CITY OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL P95-4 __ WITHDRAWN CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT TO ADD A COMMUNITY COMMERCIAL ZONING DISTRICT CASE NO. OA95-14 -- TABLED TO 12/18 CHECK REGISTER -- APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0 5.1. Consider ApPointment of City Representatives to the School Consensus Committee City Clerk Sandra Thackeray informed the Council that the city received letters of interest for the School Consensus Committee from Lee Eklund and Billie Blackwell. The Council reviewed both letters. Lee Eklund spoke to the Council e regarding his interest in the appointment. COUNCILMEMBER HOLMGREN MOVED TO APPOINT LEE EKLUND TO THE SCHOOL CONSENSUS COMMITTEE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Duitsman indicated that he would be contacting Arlon Fuchs to see if he is interested in serving on the committee. It was the consensus of the Council to discuss this issue and possibly make another appointment at a future Council meeting. 5.6. Consider Enterprise Budoets City Administrator Pat Klaers reviewed the Enterprise Budgets for the Wastewater Treatment Plant. Liquor Store. and Garbage Collection. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ENTERPRISE BUDGETS FOR THE WASTEWATER TREATMENT PLANT. LIQUOR STORE. AND GARBAGE COLLECTION FOR 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Consider Resolution Adoptina 1996 Pay Plan e City Administrator Pat Klaers reviewed the proposed 1996 Pay Plan for non- organized employees. He stated that the proposed pay plan reflects a 3 Elk River City Council Minutes November 20, 1995 Page 3 e percent increose. The Council reviewed the issues listed in the pay resolution memo from Lori Johnson, assistant city administrator. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-77, A RESOLUTION ADOPTING THE 1996 PAY PLAN FOR NON-ORGANIZED EMPLOYEES. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Council member Holmgren indicated that he would like to see the Council receive a cost of living increase on a yearly basis. He requested the City Administrator to review this issue and report back in January. 7.9. Final Plat Request by Riverside Development. Hillside Estates 5th Addition, Case No. P 94-6 City Planner Steve Ach reviewed the staff report on the request for a final plat for Hillside Estates 5th Addition by Riverside Development Company. He indicated that the developer is requesting to plat approximately 1 7 acres into 28 lots. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-78, A RESOLUTION GRANTING fiNAL PLAT APPROVAL FOR HILLSIDE ESTATES 5TH ADDITION, CASE NO. P 94-6. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. utilities Commission Update e Councilmember Dietz, representative on the Utilities Commission, updated the Council on recent utilities activities. Councilmember Dietz indicated that the Elk River Utilities have agreed to adopt the same Drug and Alcohol Policy as +he city will be adopting. 5.9. Community Recreation l,Jpdate Community Recreation Coordinator Jeff Asfahl updated the Council on activities that the park and recreation program has been providing for the past five years. Jeff Asfahl spoke on the challenge of providing expanded opportunities for teens in the Elk River area. 5.10. Public Improvement Updates City Engineer Terry Maurer updated the City Council on the status of the following public improvements and projects: e · Central Business District Parking Lot . Elk Hills Drive · Western Area Phase II · North Joplin Frontage Road and Signal · Riverview Drive Survey Results · School/Proctor Signal Study · County Long Range Transportation Plan · Wastewater Treatment Plant Improvement Bids ( Elk River City Council Minutes November 20, 1995 Page 4 e 5.12. Consider Adoption of Drua and Alcohol Policv for Drivers of Commercial Vehicles City Clerk Sandra Thackeray reviewed the draft policy for drug and alcohol testing FOR drivers of commercial vehicles. She explained that most of the information contained in the policy is required by federal regulations, however, there are some areas that can be left to the discretion of the city. She indicated that the section which refers to the consequences of drivers who test positive for either drugs or alcohol allows room for Council discretion in the area of discipline. The city clerk explained that the draft pOlicy is consistent with the city's personnel ordinance in relation to discipline. This means that a driver who tests positive for either drug or alcohol could receive any type of discipline as indicated in the city's personnel policy up to, and including, termination. Upon discussion by the Council regarding drivers who test positive for a second time, it was the consensus that the Council wants to be consistent in the area of discipline. The Council requested the city clerk to amend the Drug and Alcohol Policy to reflect that a driver who receives a second positive test within a five year time period be terminated. It was the consensus of the Council that this issue be reviewed again on December 18. 6. Open Mike e Dick Hetland indicated his opposition to water and sewer being extended along East Highway 10. He indicated he owns a recycling business along East Highway 10. 7.5. Richard Books Request for Conditional Use Permit. Public Hearina, Case No. CU 95-20 City Planner Steve Ach indicated that Mr. Books is requesting a conditional use permit to operate a printing business out of his home at 20622 Elk Lake Road. Steve Ach indicated that the city's environmental consultant has reviewed the material safety data sheets for Mr. Books' printing operation. He indicated that some of the solutions which Mr. Books would be using are considered hazardous materials and indicated that the city's ordinance prohibits home occupations that involve the use of hazardous materials. Steve Ach indicated that the Planning Commission recommended denial of the request based on the fact that Mr. Books will be using hazardous materials. Mayor Duitsman opened the publiC hearing. Mr. Books indicated that the type of material he is using in his printing business is very diluted and he would consider the hazard very minimal. He requested the Council to let him continue operating until he has time to explore other options regarding the use of the hazardous materials. e Elk River City Council Minutes November 20. 1995 Page 5 e City Planner steve Ach suggested that the Planning Commission consider reviewing the section of the ordinance relating to hazardous materials in home occupations. It was the consensus of the Council to refer this issue back to the Planning Commission to review the ordinance regarding use of hazardous materials in the home. Mr. Books requested the City Council to defer action on this item at this time. COUNCILMEMBER SCHEEL MOVED TO DEFER ACTION ON THIS ISSUE AT THE REQUEST OF THE PETITIONER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5.0. 7.6. Conditional Use Permit Request bv Novco, Inc., Public Hearina, Case No. CU 95~ 23 City Planner Steve Ach indicated that Novco, Incorporated is requesting a conditional use permit to construct a second principle structure and operate a truck terminal in a light industrial zoning district. Planning Commission Representative Judy Thompson indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. e Harold Novotny indicated his concem regarding the cul-de~sac and driveway. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT BY NOVCO, INC., TO OPERATE A TRUCK TERMINAL AND CONSTRUCT A SECOND PRINCIPLE BUILDING WITH THE FOLLOWING CONDITIONS: 1. ALL SITE IMPROVEMENTS SHOWN ON THE SITE PLAN LABELED EXHIBIT B BE INSTALLED AND COMPLETED BY JUNE 1,1996. 2. THE IMPROVEMENTS TO THE PARKING LOT INCLUDE BITUMINOUS SURFACE AND CURB AND GUTTER FROM THE PROPERTY LINE TO THE FRONT BUILDING FACE AS REQUIRED IN THE PERFORMANCE STANDARD SECTION OF THE ZONING ORDINANCE. BITUMINOUS MILLINGS MAY BE UTILIZED ON THAT PORTION OF THE PARKING AREA WHERE TRUCKS WILL BE PARKING AND MANEUVERING. 3. ADDITIONAL INFORMATION BE PROVIDED TO THE BUILDING DEPARTMENT VERIFYING THE LOCATION OF THE EXISTING SEPTIC SYSTEM, ASSURING STAFF THAT THERE WILL BE NO CONFLICTS Of THE PROPOSED BUILDING IN THE EXISTING SYSTEM. 4. THE BUILDING OFFICIAL AND FIRE CHIEF PERFORM AN INSPECTION OF THE EXISTING BUILDING TO DETERMINE IF ALL CODES ARE MET RELATIVE TO THE EXISTING USE OF THE BUILDING AND OUTDOOR STORAGE TANKS. e Elk River City Council Minutes November 20, 1995 Page 6 e 5. FOUR SETS OF REVISED SITE PLANS REFLECTING CONDITIONS OF APPROVAL BE SUBMITTED FOR STAFF REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.7. Shea Architects Reauest for Conditional Use Permit Public Hearina, Case No. CU 95-25 City Planner Steve Ach indicated that Shea Architects, representing TCF Financial Corporation is requesting a conditional use permit for site plan review to construct a financial institution in the Elk Park Center Planned Unit Development. Steve Ach reviewed the staff report on this issue. Steve Ach indicated that staff is recommending approval based on revised plans being submitted which are consistent with staff's recommendations. Planning Commission Representative Judy Thompson indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. Representatives from TCF and Shea Architects were present to answer any questions the Council may have. e There being no comments, Mayor Duitsman closed the public hearing. Councilmember Holmgren indicated his concem regarding the distance of the driveway from Jackson Avenue. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY SHEA ARCHITECTS AND TCF FINANCIAL CORPORATION FOR SITE PLAN REVIEW TO CONSTRUCT A 5,179 SQUARE FOOT FINANCIAL INSTITUTION WITH THE FOLLOWING CONDITIONS AS OUTLINED BY THE PLANNING COMMISSION: 1. ALL COMMENTS LISTED IN THE REPORT TO THE PLANNING COMMISSION DATED OCTOBER 24, 1995, BE INCORPORATED INTO THE REVIEW PLANS FOR APPROVAL. 2. THE CITY ENGINEER COMMENTS OUTLINED IN THE MEMO DATED OCTOBER 17, 1995, BE INCORPORATED INTO THE PLANS. 3. APPLICANT PROVIDE FOUR SETS OF REVIEW PLANS TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. 4. APPLICANT PROVIDE A SIDEWALK ON THE WEST SIDE OF THE PRIVATE ROAD AND THE NECESSARY EASEMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Elk River City Council Minutes November 20, 1995 Page 7 e 7.8. Ordinance Amendment Request bv the City of Elk River, Public Hearina, c::ase No. OA 95-15 City Planner Steve Ach indicated that the City of Elk River is requesting an ordinance amendment which would establish a minimum garage size of 20 feet by 22 feet in all single family zoning districts within the urban service area. Steve Ach indicated that the Planning Commission reviewed the request and recommended approval. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 95-27, AN ORDINANCE AMENDING SECTION 900.20(3) OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO ACCESSORY BUILDINGS, CASE NO. OA 95-15. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed as she indicated she is opposed to these types of government regulations. 9. Other Business Councilmember Farber requested staff to review its pawn shop ordinance. It was the consensus of the City Council to review the procedure for passing a moratorium on pawn shops until the city has a chance to review its ordinance. e COUNCILMEMBER FARBER MOVED TO DIRECT THE CITY'S ATTORNEY TO REVIEW THE PROCEDURE NECESSARY TO PASS A MORATORIUM ON PAWN SHOPS UNTIL THE CITY HAS A CHANCE TO REVIEW ITS ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Staff Updates Steve Ach reviewed the status of the application process for the planning assistant. 11. Adiournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 8:40 p.m. Respectfully submitted, / ,/ . ---II ~- /) --17~" !/7.~.""r'Af' '--""/~": '-FI ~1 /.-.n.4'~-~_ 0' ' Sandra Thackeray 0 City Clerk e