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05-02-1994 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 2, 1994 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandy Thackeray, City Clerk; Peter Beck, City A ttorney; Steve Rohlf, Building and Zoning Administrator; Steve Ach, City Planner and Suzanne Kostanshek, Senior Citizen Coordinator 1. Call Meetino 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 Duitsman. 2. Consider Agenda e Item 5.1 a - Release of easements for Elk Park Center Project was added to the agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE 5/2/94 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA. 4. 4/11/94 CITY COUNCIL MINUTES - APPROVED 9. CHECK REGISTER - APPROVED COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1 . Presentation of Citv Flao Mayor Duitsman presented the City Flag to Rick Johnson, who designed the flag. The Mayor thanked Rick Johnson and presented him with a $100 gift certificate. 5.1 a. Easement Releases for Elk Park Center Peter Beck, the City Attorney, requested Council approval for the release of some easements associated with the Elk Park Center Project. He indicated that the easements being released have been replaced with new easements. e COUNCILMEMBER FARBER MOVED TO RELEASE THE UTILITY EASEMENTS ON THE ELK PARK CENTER PLAN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5.2. City Hall Update - EOS Architecture Nick Ruehl of Eos Architecture informed the Council that the warranty period for most of the City Hall has come to an end. He indicated that a final walk-through has been completed and most correcti:>ns have been made. He stated that there are still a couple of issues that are being corrected; the main one being the leakage of the roof. Mr. Ruehl indicated that he anticipates the completion of the City Hall project will be very soon. 5.3. Senior Citizen Annual Report 5.4. e 5.5. 5.6. e Sue Kostanshek presented the 1993 Senior Center annual report. She commended the volunteers who assist in all the programs. Sherry Emerson of Guardian Angels commended Sue for the good job she does and also spoke about the working relationship between the City of Elk River and Guardian Angels. Buildinq and Zonino Department Annual Report Steve Rohlf, Building and Zoning Administrator, presented the 1993 Building and Zoning Annual Report. He reviewed the environmental activities that have taken place in the department and discussed the goals the department has set for 1994. Steve Rohlf also informed the Council of the need for an additional inspector due to the increase in housing starts and indicated the need for additional clerical help. Consider full time status of Buildino Clerical Staff Pat Klaers, City Administrator, indicated that staff is requesting that the clerical duties of the Planning, and Building and Zoning Departments be divided between the two existing clerical staff. Presently, Cathy Schmidt is acting as secretary for both departments. The division of the duties would necessitate Geryl Rogers moving from part-time to full-time. The City Administrator also suggested that Geryl Rogers receive a title change to "Secretary/Receptionist" with an increase in salary to $7.96 per hour. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CHANGE IN EMPLOYMENT STATUS FOR GERYL ROGERS AS FOLLOWS: · FULL-TIME STATUS - 40 HOURS PER WEEK . TITLE CHANGE TO SECRETARY/RECEPTIONIST . SALARY INCREASE TO $7.96 PER HOUR . EFFECTIVE MAY 9, 1994 COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider proposed uses of 1994 park dedication fund for park improvements Pat Klaers City Administrator, indicated that the Park and Recreation Commission moved to recommend that the City Council authorize the use of $25,700 in park dedication funds for park improvements. e 7.1. 7.2. e COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE USE OF $25,700 IN PARK DEDICATION FUNDS FOR PARK IMPROVEMENTS AS REQUESTED BY THE PARK AND RECREATION COMMISSION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider TIF Reauest from T.J. Properties The City Administrator explained that the Economic Development Coordinator has received a request for tax increment financing assistance related to a new office building proposed by T.J. Properties at 403 Main Street. He stated that TIF assistance for redevelopment projects along Main Street have been funded through amendments to TIF Plans No. 1 and No.3. In order to be consistent with past practice in regard to the Main Street redevelopment, the Economic Development Coordinator is requesting that TIF requests for redevelopment of the Main Street Corridor be referred to the HRA for funding consideration. COUNCILMEMBER SCHEEL MOVED TO REFER THE TIF REQUEST FROM T.J. PROPERTIES TO THE ELK RIVER HRA FOR FUNDING CONSIDERATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Great River Reoional Librarv Fundino Update - Librarv Board Member John Dietz Council member Dietz indicated that the issue of funding for libraries under the GRRL system is still in the midst of discussion. He informed the Council that a 1/3, 1/3, 1/3 funding system is being considered which the Library Board feels would be a fair way of funding. He indicated that this proposal will be before the County Commissioners for their consideration. Councilmember Dietz also indicated that the issue of Sherburne and Wright Counties succeeding from the GRRL system has been discussed. It is the opinion of the Library Board that this type of action would be detrimental to the Elk River Library. 6. Open Mike 7.3. e Rick Schultz introduced himself as a neighbor to Mike Poppen in the Deerfield 3rd Addition. He stated that he and surrounding neighbors are requesting that the Council authorize the laying of sod over the drainage pipe that has been recently laid. He indicated that the last rain eroded the dirt and the underground pipe has floated up by about 18 inches. He distributed photos to the Council showing the raised pipe. COUNCILMEMBER SCHEEL MOVED THAT THE ENGINEER AND STREET SUPERINTENDENT REVIEW THE SITUATION AND DETERMINE IF IT IS NECESSARY TO LAY SOD TO PREVENT THE FLOATING OF THE PIPE; AND, IF IT IS DETERMINED NECESSARY, THAT THE SOD BE PURCHASED BY THE CITY AND LAID BY THE HOMEOWNERS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider resolution awardina bid and authorizina execution of contract for Iibrarv expansion Rick Wessling of Eos Architecture indicated that the City received seven bids on the Library expansion. He indicated that the low bidder was KUE Construction at e $417,900. Mr. Wessling stated that he has reviewed the bid from KUE Construction and recommends awarding the bid to this firm. He further stated that the Library Board is recommending Alternate B for the carpet in the library. The total amount of the bid including Alternate A for the insurance - $3,800 and Alternate B for the Carpet $21,997 is $443,697. The decision on the insurance option will be made in the next few weeks by the Finance Director. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94-41 A RESOLUTION AWARDING THE CONTRACT FOR THE CONSTRUCTION OF THE EXPANSION OF THE ELK RIVER PUBLIC LIBRARY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Consider Resolution initiatin!;) the process for the sale of the City's General Obliaation Improvement Bonds Finance Director Lori Johnson indicated that staff is requesting adoption of resolution which will initiate the process for the sale of the following bonds: · $3,495,000 Go Improvement Bond, Series 1994A related to the Elk Park Center development · $1,280,000 GO Sewer Revenue Bond, Series 1994 B for the financing of the interim expansion at the wastewater treatment plant. · $1,080,000 GO Storm Sewer Revenue Bond, Series 1994 C to finance various storm sewer improvements e Finance Director Lori Johnson indicated that the bond issue for the Library expansion has been delayed approximalely one to two months due to some legal technicalities. She explained that in order to meet the 20 percent de.bt service pledge requirement, the TIF No. 1 and No. 2 plans will have to be amended. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 94-42, A RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $3,495,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994A. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-43 A RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $1,280,000 GENERAL OBLIGATION SEWER REVENUE BONDS, SERIES 1994B. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-44 A RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $1,080,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 1994C. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE AN AMENDMENT CORRECTING THE EARLIER LIBRARY EXPANSION AMENDMENT TO TIF NO.1 AND NO.3. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER DIETZ MOVED TO SET A PUBLIC HEARING DATE FOR JUNE 20, 1994, TO CONSIDER THE AMENDMENT TO THE TIF #1 AND #3 DISTRICTS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 8.1. Consider a comprehensive land use plan amendment from LI (Liaht Industriall and HR (Hiah Density Residential) to MR (Medium Density Residentiall/Public Hearina LUA 94-03 8.2. Consider a reauest for zone chanae from 1-1, (Liqht Industrial) to R-3 (townhouse. multiple family residential) by Rose Karn/Public Hearino - rzc 94-041. e e Steve Ach, City Planner, indicated that Rose Karn is requesting a zone change from 1-1 to R-3. Her property is located north of Meadowvale Road, east of McChesney Industrial Park. He indicated that the Karn's have recently put their home up for sale and it was discovered that the site was zoned 1-1 rather than residential. Most lending institutions will not grant a loan for a nonconforming structure, therefore, the Karn's are requesting to rezone the property to R-3 so that they can sell their home. Steve Ach explained .tr,at in order to rezone the property, an amendment to the Land Use Plan is necessary. The amendment of the land use to MR will better reflect the existing use of the property and be consistent with the zoning of the property. Mayor Duitsman opened the public hearing for both the land use amendment and the rezoning. Two citizens asked questions about some grading activity that is taking place east of this area. There being no further comments on the matter, Mayor Duitsman closed the public hearing. Planning Commission representative Bob Minton, indicated that the Planning Commission recommended approval of both the land use amendment and the zone change. He also indicated that the Planning Commission received no opposition to either request. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-50 TO APPROVE THE LAND USE AMENDMENT FOR A PORTION OF PROPERTY LOCATED NORTH OF MEADOWVALE ROAD, EAST OF MCCHESNEY INDUSTRIAL PARK, FROM LI (LIGHT INDUSTRIAL) AND HR (HIGH DENSITY RESIDENTIAL) TO MR (MEDIUM DENSITY RESIDENTIAL) BASED ON THE FOLLOWING: 1. THE LAND USE PLAN CHANGE WILL PROVIDE FOR CONSISTENCY WITH THE ZONING DESIGNATION OF THIS PROPERTY. 2. THE CITY CURRENTLY HAS A HIGH PERCENTAGE OF HIGH DENSITY MULTI- FAMILY LAND USE AND IS TRYING TO ACHIEVE AN APPROPRIATE MIX BY INCREASING MORE MEDIUM DENSITY RESIDENTIAL LAND USES. 3. THE LAND USE PLAN CHANGE TO MR (MEDIUM DENSITY RESIDENTIAL) WILL BETTER REFLECT AND BE COMPATIBLE WITH THE INTENDED AND EXISTING LAND USES IN THIS AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 8.3. e e COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 94.4 AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM 1-1/L1GHT INDUSTRIAL TO R-3jTOWNHOUSE/MULTI-FAMIL Y RESIDENTIAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Conditional Use Permit request for Farmer's Market in Jackson Sauare by Sherburne County Grower's Association/Public Hearinq CU-94-12 City Planner, Steve Ach, indicated that the Sherburne County Growers Association are requesting a conditional use permit to operate a farmers market in the Jackson Square parking lot. Steve Ach indicated that last year the Farmer's Market received a conditional use permit to operate the market in the municipal parking lot between King and Jackson Avenue. The intention is to relocate the market to the Jackson Square parking lot. Bob Minton, Planning Commission Representative, indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the pUblic hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE SHERBURNE COUNTY GROWERS ASSOCIATION TO ALLOW THE OPERATION OF A FARMER'S MARKET AT THE LOCATION OF THE JACKSON SQUARE PARKING LOT WITH THE FOLLOWING STIPULATIONS: 1. A CERTIFICATE OF INSURANCE NAMING THE CITY AS AN ADDITIONAL INSURED FOR THE LOT BE SUBMITTED TO THE CITY. 2. DAYS AND HOURS OF OPERATION BE LIMITED TO WEDNESDAY AND SUNDAY FROM 12 NOON TO 7 P.M. EACH DAY. 3. IN THE EVENT THE CITY RECEIVES COMPLAINTS REGARDING PARKING PROBLEMS DOWNTOWN DUE TO THE FARMER'S MARKET, THE CITY COUNCIL SHALL HAVE THE OPPORTUNITY TO REVIEW THE CONDITIONAL USE PERMIT FOR MODIFICATION OR REVOCATION. 4. SIGNAGE BE LIMITED TO AN ON-SITE SIGN DISPLAYED ONLY ON THOSE DAYS OF OPERATION AND MEET THE 10 FOOT SETBACK REQUIREMENT. 5. SIGN AREA COMPLY WITH CITY ORDINANCE STANDARDS FOR SPECIAL EVENTS SIGNS WHICH PERMITS ONE 32 SQUARE FOOT SIGN. 6. ALL REFUSE DISPOSAL SHALL BE THE RESPONSIBILITY OF THE FARMER'S MARKET AND THE LOT BE CLEANED AFTER EACH EVENT. 7. A YEARLY REVIEW BE CONDUCTED BY THE CITY COUNCIL TO ADDRESS ANY CONCERNS THAT MAY ARISE THROUGHOUT THE SEASON. e 8. SHERBURNE COUNTY GROWERS ASSOCIATION BE RESPONSIBLE TO REPAIR ANY LANDSCAPED AREAS (INCLUDING SOD) THAT MAY BE DAMAGED DUE TO CUSTOMER AND/OR VENDORS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.4. Consider a request by Sherburne County Grower's Association to Operate a Farmer's Market at Elk River Mall Steve Ach, City Planner, indicated that the Growers Association are requesting permission to operate an outdoor farmer's market at the Elk River Mall. The vendors would utilize one row of parking spaces to sell their wares. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE SHERBURNE COUNTY GROWERS ASSOCIATION'S REQUEST TO OPERATE AN OUTDOOR FARMER'S MARKET WITHIN THE ELK RIVER MALL PARKING LOT WITH THE FOLLOWING CONDITIONS: 1. SIGNAGE BE LIMITED TO ONE 4 X 8 SIGN TO BE PLACED EITHER ALONG HIGHWAY 169 OR FREEPORT AVENUE, AND THE SIGN BE DISPLAYED ONLY ON THOSE DAYS THE MARKET IS IN OPERATION. 2. FARMERS MARKET BE ALLOWED TO OPERATE EVERY FRIDAY FROM 2:00 PM TO 6:00 PM, FROM MAY THROUGH OCTOBER PER THE LETTER DATED APRIL 6, 1994, FROM KIM PASTURE OF THE ELK RIVER MALL. 3. FARMERS MARKET BE LIMITED TO THOSE PARKING STALLS IMMEDIATELY ADJACENT TO THE LANDSCAPE ISLAND AS ILLUSTRATED ON THE SUBMITTED SITE PLAN. ie 4. IN THE EVENT PARKING PROBLEMS ARISE DUE TO THE FARMERS MARKET, THE CITY COUNCIL HAS THE OPPORTUNITY TO REVIEW THIS REQUEST FOR NECESSARY MODIFICATIONS AND POSSIBLY HAVING TO TERMINATE THE OPERATION. 5. A YEARLY REVIEW BE CONDUCTED BY THE CITY COUNCIL TO ADDRESS ANY CONCERNS THAT MAY ARISE THROUGHOUT THE SEASON. 6. ALL REFUSE DISPOSALS SHOULD BE THE RESPONSIBILITY OF THE FARMERS MARKET AND/OR THE ELK RIVER MALL, AND THE AREA BE CLEANED AFTER EACH EVENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.5. Consider Final Plat for Freeport Financial Center by Dennis Chuba P 93-11 Steve Ach, City Planner, indicated that Dennis Chuba is requesting final plat approval of a 9,000 square foot office building at the corner of Freeport Avenue and Main Street. The building will be sold or leased to 5 individual tenants. Lots 1,2,3,4, and 6 represent tenant spaces within ihe building while Lots 5 (Courtyard) and 7 (parking area) will be made part of the Freeport Financial Center Association. e e 8.7. e 8.8. 8.9. e COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94-45 A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR FREEPORT FINANCIAL CENTER. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.6. Consider resolution acceptina the Feasibility Study and Orderina the Public Hearina for the concord street improvement proiect Pat Klaers, City Administrator, indicated that the feasibility study for the reconstruction of Concord Street has been completed. Concord Street is a private road. The property owners have presented a petition requesting a bituminous upgrading of the road with the City taking over maintenance after completion. The City Administrator explained that this project is dependent upon the City receiving right-of-way from the abutting residents. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 94-46 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE CONCORD STREET IMPROVEMENT OF 1994. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Resolution acceptina the feasibility study and orderina the public hearina for the Peterson Addition and Greenhead 2nd Addition Overlay Proiects Pat Klaers, City Administrator, indicated that the feasibility study for the bituminous overlay of the existing streets in the Peterson Addition and the Greenhead Acres 2nd Addition have been completed. According to the City's assessment policy, the entire cost is proposed to be assessed against the abutting property owners. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-47 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT OF 1994. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5- O. Consider Resolution approvina plans and specifications and orderina the advertisement for bids in the matter of the County Road 12/13 Drainage Improvement Proiect of 1994 The City Administrator indicated that work is continuing on the County Road 12/13 drainage improvement project. He indicated that this project has been incorporated into the spring 1994 bond issue. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-48 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE COUNTY ROAD 12/13 DRAINAGE IMPROVEMENT OF 1994. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5- O. Consider resolution ordering the feasibility study for the Western Area Phase II Trunk Sewer and Water Extension The City Administrator indicated that the preliminary plat of Country Crossings was recently approved which will require the extension of trunk sanitary sewer, water, and storm sewer. The plat will also require the extension of Orono Parkway and e the construction of Joplin from County Road 30 to Orono Parkway to TH 10. The City Administrator also explained that the County will be petitioning for the extension of utilities to the Government Center. He indicated that a resolution ordering a feasibility study is necessary if the City is to proceed with this project. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94.49 A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MAnER OF THE WESTERN AREA 2ND PHASE TRUNK SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS OF 1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.10. Set public hearina date to consider subdivision moratorium ordinance City Administrator Pat Klaers indicated that the City is in the process of updating its comprehensive plan and also considering a major wastewater treatment plant expansion. He indicated that in order to preserve the planning process and ensure that rural plats do not develop in a future urban district before the plan is in place, staff is recommending that the Council hold a public hearing to consider a moratorium of certain development along the eastern corridor of the City. COUNCILMEMBER SCHEEL MOVED TO CALL A PUBLIC HEARING FOR JUNE 6 TO CONSIDER A SUBDIVISION MORATORIUM FOR THE EAST SIDE OF THE CITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 10. Other Business i There was no other business. 11 . Staff Updates There were no staff updates. 12. Adiournment COUNCILMEMBER DIETZ MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 8:00 p.m. Respectfully submitted, ~--A.~ Sandra Thackeray City Clerk e