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12-21-1995 CC MIN - SPECIAL e SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL THURSDAY, DECEMBER 21,1995 Members Present: Mayor Duitsman, Councilmembers Dietz, Holmgren, and Scheel (6:55 p.m.) Members Absent: Councilmember Farber Staff Present: Pat Klaers, City Administrator; Bill Rubin, Economic Development Coordinator; Lori Johnson, Assistant City Administrator; Kendra Lindahl. Zoning Assistant; Sandra Thackeray, City Clerk; Steve ACh, Cty Planner 1. Call Meetinc;:l To Order Pursuant to due call and notice thereof. the special meeting of the Elk River Ci tv Council was called to order at 6 p.m. by Mayor Duitsman. 2. Consider 12/21/95 Council Aaenda e COUNCILMEMBER DIETZ MOVED TO APPROVE THE DECEMBER 21, 1995, CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Consider Consent Aaenda COUNCILMEM8ER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 4.6., KENNEL LICENSES. 4.6. RENEWAL OF LICENSES AS LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL DATED DECEMBER 21, 1995: B. CIGARETTE LICENSES eo APPROVED C. MECHANICAL AMUSEMENT DEVICE LICENSES .. APPROVED D. BOWLING ALLEY LICENSE u APPROVED E. THERAPEUTIC MASSAGE LICENSE eo APPROVED 4.9. PROCLAMATION PROCLAIMING FEBRUARY 12TH THROUGH THE 18TH AS KINDNESS WEEK.. APfoROVED 4.10. DEFERMENT OF SPECIAL ASSESSMENTS FOR NANCY HUFF, LOT 36, BLOCK 1, GI\EENHEAD ACRES, 3RD ADDITION FOR THE 1995 STREET OVERLAY IMPROVEMENTS -- APPROVE!:' COUNCILMEM8ER DIETZ SECONDED THE MOTION, THE MOTION CARRIED 3-0. 4.6. A Kennel Lic~nses e The City Clerk indicated that Grace Ostein's kennel license was not being consid~red for rer,ewal at this time, due to the kennel being under construction. She stated that tile request for renewal will be before the City Council in January. Special City Council Meeting December 21, 1995 Page 2 . The City Clerk further requested that the Council consider renewing kennel licenses for Spengler/Magney and Reitsma. COUNCILMEMBER DIETZ MOVED TO APPROVE KENNEL LICENSES FOR JOSEPH SPENGLER AND JO MAGNEY AT 20722 YORK STREET FOR FIVE DOGS AND STOEFEL AND SANDRA REITSMA 10860 181ST AVE FOR TWELVE DOGS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTtON CARRIED 3.0. 4.7. Consider Ordinance Amendment Section 716 of the Elk River City Code Pertainina to Lawful Gamblina The City Clerk stated that the city's existing gambling ordinance is outdated and needs to be revised to reflect current state law. She indicated that the Council reviewed the proposed ordinance amendment on January 5th, but took no action at that time due to the issue of outside organizations. She indicated that the Council's concern pertained to outside organizations operating in the city and not meeting the required 75% of lawful expenditures. She indicated that the Council had previously discussed the following options: a. raising the 75% requirement tCi:80%, and b. including residency requirement language in the city ordinance which would require an outside organization's headquarters to be located in the city. e The City Clerk indicated that she received a phone call from Celebrity Bowl Charifies and from Elk River Bowl indicating concern regarding outside organizations not being allowed to operate within the clty. She indicated that Elk River Bowl has been selling pull tabs for the last two years, and has adequately met the 75% requirement. After discussion by the Council. it was the consensus to adopt Draft A. of the Gambling Ordinance, which includes the followi!1g language: · The physical site for the organization's headquarters or the registered business office for the organization must be located in the City of Elk River ora city contiguous to the City of Elk River. · The requirement may be waived for an existing organization which does not comply with this requirement if approved by the City Council at the time of the premise permit renewal. COI.:NCILMEMBER ')iETZ MOVED 10 ADOPT ORDINANCE 95.32, AN ORDINANCE AMENDING SECTION 716 (RAFFLES AND GAMBLING DEVICES) BY REPEALING SECTION 716 (RAfFLES AND GAMBLING DEVICES) AND ENACTING A NEW SECTION 716 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITlED, "LAWFUL CHARITAFlE GAMBLING". COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3.0. e Special City Council Meeting December 21, 1995 Page 3 ---........- --.......... --.---......... -- -..... e 4.8. A Resolution Aooroving Extension Aoreement for Industrial Revenue Develooment Bond (Morrell/Plaisted Partnershio) Assistant City Administrator. Lori Johnson, indicated that the city has received a request to extend the term of an Industrial Revenue Development Bond for the Jay Morrell and John Plaisted Partnership Project. She indicated that the project consisted of the Coast to Coast building located near the Elk River Shopping Center. She explained that the original issue is in the amount of $400,000 with a 20 year amortization schedule paid over a ten year term with a balloon due on January 1. The request is for a ten year extension based on a 20 year amortization schedule. MA YOR DUITSMAN MOVED TO ADOPT RESOLUTION 95-92, A RESOLUTION APPROVING EXTENSION AGREEMENT FOR INDUSTRIAL REVENUE DEVELOPMENT BOND (JAY MORRELL AND JOHN PLAISTED PARTNERSHIP). COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 2-1. COUNCILMEMBER DIETZ OPPOSED. 4.11. Consider 1995 Budaet Amendm~nts Assistant City Administrator Lori Johnson reviewed with the Council the encumbrances that will be made in 1995 as outlined in her 12/21/95 memo. The recommended budget amendments summary for 1995 was distributed and reviewed. e COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE ENCUMBRANCES AS DETAILED IN THE MEMO TO THE MAYOR AND CITY COUNCIL DATE DECEMBER 21, 1995. COUNCILMEMBERDIETl SECONDED THE MOTION. THE MOTION CARRIED 3-0. The City Administrator reviewed some additional proposed budget amendments. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE A DONATION OF $932 TO THE ARTS COUNCIL TO HELP FINANCE THE YOUTH CHAMBER ORCHESTRA PROGRAM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE EXPENDITURE OF .$12,500 FOR STAFF TRAINING BY TRAINING NETWORKS. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 2-1. COUNCILMEMBER DIETZ OPPOSED. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 1995 BUDGET AMENDMENTS AS OUTLINED IN THE SUMMARY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5. Other Business Assistant City Administrator, Lori Johnson, requested the Council to consider a special assessment reapportionment for Elk Park Center, 4th addition. e COUNCILMEMBER HOLMGREN MOVED TO REAPPORTION LOTS 1 AND 4, BLOCK 2, OF ELK PARK CENTER INTO LOTS 1,2 AND 3 OF ELK PARK CENTER, 4TH ADDITION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. Special City Council Meeting December 21,1995 Page 4 ........................ -- ------..-----.. - The City Council recessed at 6:35 p.m. and reconvened at 6:55 p.m. Councilmember Scheel arrived at 6:55 p.m. 4.1. City of Elk River Reauest for Ordinance Amendment to Increase Accessory Structure Area in A-I and RIa, Public Hearina Case No. OA 95-16 The City Planner. Steve Ach, indicated that the Planning Commission reviewed an ordinance amendment that would increase the allowable square footage for accessory structures in the A-I /agricultural conservation district and the R I a/ single family residential district. Steve Ach indicated that the Planning Commission agreed with the same recommendation as previously submitted to the City Council. Mayor Duitsman opened the pUblic hearing. Dennis Kramer, 20789 Meadowvale Road, indicated that he was not opposed to the proposal. There being no further comments from the public, Mayor Duitsman closed the public hearing. e Councilmember Scheel indicated her concern regarding Mr. Kramer having to pay subdivision fees. She indicated she would like Mr. Kramer to have the size building that he is requesting. She further stated that if Mr. Kramer subdivides his property exactly the same way as it has previously been subdivided, she would request that the fees be waived. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 95-33, AN ORDINANCE AMENDING SECTION 900.20(6) INCREASING THE ALLOWABLE SQUARE FOOTAGE FOR ACCESSORY STRUCTURES IN THE A-l / AGRICULTURAL CONSERVATION DISTRICT AND THE Rla/SINGLE FAMILY RESIDENTIAL DISTRICT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.2. Dennis Kramer Reauest for Variance, Public Hearina Case No. V 95-8 Kendra Lindahl explained that Mr. Kramer is requesting a 1,378 square foot variance to exceed the maximum size of accessory structure area on his property at 20789 Meadowvale Road. Kendra Lindahl explained that the request is to allow Mr. Kramer to build a second pole barn 40 feet by 72 feet to store his collection of old tractors. The zoning assistant explained that under the newly adopted ordinance for accessory structures, Mr. Kramer would be allowed 4,500 square feet of accessory structure area. She stated that Mr. Kromer is requesting 0 total accessory structure area of 5,878 square feet. She further indicated that if Mr. Kramer combined his two parcels, he would be allowed 6,000 square feet of the accessory structure area. . Kendra Lindahl indicated that the staff recommendation is to deny the variance because the request does not meet the conditions for granting a variance. Mayor Duitsman opened the public hearing. Special City Council Meeting December 21. 1995 Page 5 ......... ...... -.. -..- ........--.......... --..-.. e Arlene Kramer, 20789 Meadowvale Road. indicated that the Council should allow for flexibility in requests from the public for variances. She indicated that no property owners have spoken in opposition of their request. and further. that people have spoken on behalf of their request. Dennis Kramer. 20789 Meadowvole Road. indicated he would rather hove a variance than have to combine his lots. He suggested that the Council review its definition of a variance. There being no further comments. Mayor Duitsman closed the public hearing. Councilmember Scheel questioned the definition of a hardship. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 1,378 SQUARE FOOT VARIANCE REQUESTED BY DENNIS KRAMER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION FAILED 2.2. MAYOR DUITSMAN AND COUNCILMEMBER DIETZ OPPOSED. COUNCILMEMBER SCHEEL MOVED TO WAIVE ANY SUBDIVISION FEES ASSOCIATED WITH THE KRAMER PROPERTY IF THE SUBDIVISION IS TREATED IN THE SAME FASHION AS PREVIOUSLY DONE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.3 Public Hearino - Consider Pro Dosed Modification to Tax Increment Financina Plan NO.3 e Economic Development Coordinator Bill Rubin indicated that the proposed modification to Tax Increment Financing Plan No.3 will authorize tax increment expenditures which are not currently referenced in the Plan. Bill Rubin reviewed the proposed expenditures/activities as modifications to TIP Plan No.3. which included the following: Business Pork and Industrial Park activities - $400.000 Urban Renewal and Redevelopment activities - $150,000 Infrastructure Improvements - $ 75 000 Total $625,000 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 APPROVE THE MODIFICATIONS TO TAX INCREMENT FINANCING PLAN NO.3 AS PRESENTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.4. Public Hearina to Consider Proposed Modification to Tax Increment Financing Plan NO.2 e Economic Development Coordinator Bill Rubin explained that the proposed modification to Tax Increment Financing Plan NO.2 will authorize tax increment expenditures that arc not currently referenced in the Plan. Bill Rubin reviewed the expenditures/activities that are proposed as modifications to TIF Plan NO.2. Special City Council Meeting December 21, 1995 Page 6 .... ........................ ---- -- ..........-- e Business park and industrial park activities - Urban renewal and redevelopment activities - Infrastructure Improvements - Total $ 50,000 $ 75,000 $ 50.000 $175,000 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 APPROVE THE MODIFICATION TO TAX INCREMENT FINANCING PLAN NO.2 AS PRESENTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.5. Resolution Terminatina Tax Increment Financina District NO.2 Assistant City Administrator Lori Johnson stated that the Council is requested to adopt a resolution which authorizes the Guardian Angels Tax Increment Financing District NO.2 to be decertified one year early. She indicated that the request is due to higher than anticipated tax increment revenue which has generated sufficient cash to payoff the bonds remaining on this project. ~;.- COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-93, A RESOLUTION TERMINATING TAX INCREMENT FINANCING DISTRICT NO.2. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Staff Updates e There were no staff updates. 7. Adiournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The special meeting of the Elk River City Council adjourned at 7:22 p.m. Respectfully submitted, /', !'l~' ~M.kC,t1A.- ., , ~ 'Sandra Thackeray 0 "- City Clerk e