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02-01-1993 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, FEBRUARY 1, 1993 Members Present: Mayor Duitsman, Councilmembers Holmgren, Farber, Dietz, and Scheel (7:03 p.m.) Members Absent: None Staff Present: Janelle Schmitz, Zoning Assistant; Steve Rohlf, Building and Zoning Administrator; Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Peter Beck, City Attorney; Terry Maurer, City Engineer; Darrell Mack, WWTS Superintendent Also Present: Rita Johnson, Planning Commission Representative 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Duitsman. 2. Consider 2/1/93 City Council Agenda The following items were added to the agenda: 3.1. Consider 1/25/93 Executive Session Minutes 7.6. Consider EDA Enabling Resolution/Public Hearing 9.1. Code of Conduct/Ethics 9.2. Motor Vehicle Registration 9.3. Garbage Billing COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 2/1/93 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Scheel arrived at this time (7:03 p.m.) 3. Consider 1/25/93 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 1/25/93 CITY COUNCIL MINUTES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 1/25/93 Executive Session Minutes COUNCILMEMBER FARBER CITY COUNCIL MINUTES. MOTION CARRIED 5-0. MOVED TO APPROVE THE 1/25/93 EXECUTIVE SESSION COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE 4. Open Mike . . . Elk River City Council Minutes February 1, 1993 Page 2 No one appeared for this item. 5.1. Supplemental Assessment Hearing/Public Hearing Western Area Phase I The City Clerk noted that following the Western Area Assessment Hearing, staff noticed an error in notifying one of the residents involved in the assessment project. She stated that in order to correct the error, staff has properly and legally notified the resident, Mr. Ronald Crapser, who owns property affected by the Western Area Assessment at 1937 2nd Street, of this supplemental assessment hearing. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-3, A ADOPTING SUPPLEMENTAL ASSESSMENT ROLL FOR THE WESTERN ASSESSMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. CARRIED 5-0. RESOLUTION AREA PHASE I THE MOTION 6.1. Conditional Use Permit/Public Hearing Excavation of Wetland/ Steven Shoemaker Janelle Schmitz, Zoning Assistant, explained that Steven Shoemaker of 11106 190th Avenue NW is requesting a conditional use permit to excavate a wetland area to create an open water pond in Royal Oaks Ridge. She stated the Planning Commission reviewed this request at its December 22 and January 26 meetings. The Planning Commission had continued a decision on this matter in order to allow the applicant to address several concerns including traffic, the size of the pond, the duration of the project, and comments from the DNR. Janelle Schmitz reviewed the topics pertaining to truck traffic, the site plan, drainage, noise, safety, future excavations, and the effect on property values. Terry Maurer, City Engineer, indicated that he had reviewed the initial excavation request and stated he has no problem with the concept. He further stated that he would recommend that a more detailed grading and site plan be submitted to the City so that staff can adequately monitor the work that is being completed. The Council questioned how this project areas in the City, especially Mr. George indicated that this excavation project problems to Mr. Deschene's area. would affect other drainage Deschene's area. Terry Maurer will not cause any further Mayor Duitsman opened the public hearing. The applicant, Mr. Shoemaker, 11106 190th Avenue NW, indicated that all but one adjoining property owner is contributing to the excavation. Mr. Shoemaker requested that the culvert between Lots 7 & 8 be extended. He suggested that the extension of the culvert be paid for by the City. Janelle Schmitz indicated that this has been discussed by staff and it was staff's feeling that the cost for the culvert should be picked up by the homeowners. . . . Elk River City Council Minutes February 1, 1993 Page 3 Mr. Mike Weist, owner of Lot 9, indicated he is the property owner who will not be participating in the excavation project. Mr. Weist stated that the City Engineer has indicated that the excavation project could improve the aesthetics in the area, but he cautioned the Council to consider the affects the excavation will have on the habitat. He referenced the letter from the DNR which states that open water does not necessarily create a good environment for wildlife and he is wondering how much benefit will be gained if the ducks and geese flock to the excavation area and then chase away the other habitats such as the hawks and eagles. He also cautioned the Council that the water in the area could dry up and further that the water will be created from runoff which may contain fertilizers, therefore turning the pond into a swamp or mosquito breeding pond. Discussion was held by the Council regarding maintenance of the pond. It was Council consensus that maintenance of the pond would be the responsibility of the homeowners. There being no further comments, Mayor Duitsman closed the public hearing. The City Attorney, Peter Beck, suggested that the City consider requiring a letter of credit for the project. Rita Johnson, Planning Commission Representative, indicated that the Planning Commission recommended approval with eleven stipulations. The Council concurred with the Planning Commission's recommendation and added three more stipulations pertaining to pond maintenance, payment for the culvert, and letter of credit. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY STEVEN SHOEMAKER TO EXCAVATE A WETLAND AREA IN ROYAL OAKS RIDGE WITH THE FOLLOWING STIPULATIONS: 1. TRUCKS ENTER AND EXIT THE SITE VIA THE MORRELL AND DESCHENES PROPERTY TO THE SOUTH, ONTO COUNTY ROAD 13. WRITTEN PERMISSION IN A FORMAT APPROVED BY CITY STAFF FROM MORRELL AND DESCHENES TO USE THEIR PROPERTY BE PROVIDED TO THE CITY TO ENSURE THAT TRUCKS WILL NOT BE ROUTED THROUGH RESIDENTIAL STREETS. FURTHER, THE APPLICANT COMPLY WITH THE COUNTy REQUEST TO HAVE THE AREA "SIGNED" TO INFORM TRAFFIC OF TRUCKS ENTERING AND EXITING AND COMPLY WITH THE WEIGHT RESTRICTIONS. 2. FOR SAFETY AS WELL AS WILDLIFE PURPOSES, SLOPES SHALL NOT EXCEED 5:1 AND THE DEPTH SHALL NOT EXCEED 3-4 FEET OF WATER. THE DNR GUIDELINES OF 10:1 SLOPES, 2-3 FOOT AVERAGE DEPTH OF WATER, NATURAL VEGETATION ALONG THE PERIMETER OF THE POND, AND IRREGULAR SHORELINE SHALL BE MAINTAINED IN THE SOUTH 1/2 OF THE POND. 3. NO FILL SHALL BE PLACED BACK INTO THE WETLAND BOUNDARY. . . . Elk River City Council Minutes February 1, 1993 Page 4 4. SLOPES ARE STABILIZED AND PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. 5. THE EXCAVATION SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERN FOR THE AREA. 6. THE APPLICANT PROVIDE THE CITY WITH A DETAILED GRADING PLAN AS OUTLINED IN TERRY MAURER'S LETTER DATED JANUARY 20, 1993. 7. THE APPLICANT REIMBURSE THE CITY FOR THE COST OF REVIEWING AND INSPECTING THE EXCAVATION PROJECT. 8. THE APPLICANT OBTAIN THE SIGNATURES OF THE PROPERTY OWNERS FOR LOT 8, BLOCK 4, ROYAL OAKS RIDGE OR THIS LOT SHALL BE EXCLUDED FROM THE REQUEST. FURTHER, LOT 9 IS EXCLUDED FROM THE PROJECT. 9. THE HOURS OF OPERATION BE RESTRICTED FROM 8 A.M. TO 7 P.M., MONDAY THROUGH SATURDAY. 10. EXCAVATION ACTIVITY SHALL BE COMPLETED WITHIN 2 YEARS OF THE DATE OF THE APPROVAL. 11. STOCKPILING OF EXCAVATED DIRT SHALL BE APPROVED BY CITY STAFF. 12. THE POND AREA BE MAINTAINED BY THE PROPERTY OWNER. 13. THE CULVERT EXTENSION BE PAID FOR BY THE PROPERTY OWNERS. 14. A LETTER OF CREDIT BE ESTABLISHED BY CITY STAFF FOR THE EXCAVATION PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Conditional Use Hearing/CU-93-001 Permit Request by Sandy Chenvert/Public Janelle Schmitz stated that Sandy Chenvert of 112 Birch, St. Michael, Minnesota, has requested a conditional use permit to operate an aerobics studio in the Cody Square building located on 173rd Avenue NW. Janelle Schmitz reviewed staff and Planning Commission concerns pertaining to utilities, landscaping, signage, drainage, parking, traffic, building code, and conditional use permit standards. Janelle Schmitz stated that the Planning Commission discussed the fact that the original conditional use permit was not subject to the current landscaping requirements. The Planning Commission discussed whether it would be appropriate to enforce this condition at this time. Mayor Duitsman opened the public hearing. Mark Kleckner introduced himself as the property manager for the building. He stated that one of the conditions discussed and required by the Planning Commission was that the rear wall and ceiling be soundproofed. He requested the Council to reconsider this requirement . . . Elk River City council Minutes February 1, 1993 Page 5 as it is an unreasonable request which would add an tenant. He further indicated that Marketech, who is the building, has indicated that they would have walls were not soundproofed. undue cost to the also located in no problem if the Rita Johnson, Planning Commission Representative, Planning Commission felt a compromise could be soundproofing of the walls only if there are tenants of the building. indicated reached by complaints that the requiring from the There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY SANDY CHENVERT TO OPERATE AN AEROBICS STUDIO IN THE CODY SQUARE BUILDING LOCATED ON 173RD AVENUE NW WITH THE FOLLOWING CONDITIONS: 1. THAT THE APPLICANT OBTAIN A BUILDING PERMIT. 2. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS AND AT THIS TIME THE ISSUE OF SOUNDPROOFING BE REVIEWED. 3. THAT THE SIGNAGE BE CONSISTENT WITH THE C3 STANDARDS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3, 6.4, 6.5. Conditional Use Permit/License/Ordinance Amendment Elk River Landfill Steve Rohlf, Building and Zoning Administrator, informed the Council that Elk River Landfill's license and conditional use permit are reviewed and renewed every other year. Steve Rohlf informed the Council that City staff has proposed changes to the conditional use permit and license and further that the Planning Commission has agreed with the changes and is recommending the changes to the City Council. Steve Rohlf indicated that the Planning Commission is recommending the following changes to the conditional use permit and license for Elk River Landfill: 1. That the fee per yard of municipal solid waste paid into a City contingency fund be changed from $.15 per yard to $.10 per yard and that the maximum amount in this fund be raised from $300,000 to $400,000. The Landfill would be charged the $.10 per yard until the escrow account reaches $250,000, at which point the Landfill would no longer continue to pay the fee. Interest would continue to increase the fund amount until $400,000 has been reached and at that point the City would place the interest accrued in a fund chosen by the Council. Councilmember Scheel $400,000. The City questioned why the interest would cease at Attorney indicated that after reaching $400,000, . . . Elk River City Council Minutes February 1, 1993 Page 6 the Council has the authority to decide if the interest should continue to grow. 2. That the City pay 30% of the costs incurred by the consultants during the conditional use permit renewal process and further that the City allow the Elk River Landfill to pay $1,000 per month toward City fees. 3. That the expiration date be revised to January 31, 1995. 4. That reporting of emergencies be a requirement included within the conditional use permit and license. steve Rohlf indicated that staff is also requesting an amendment to the City's solid waste ordinance pertaining to the expiration renewal and revocation of solid waste licenses. The amendment to this ordinance would change the expiration date from even numbered years to a two year time period from the date of issuance. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Rita Johnson, Planning Commission Representative, stated Planning Commission reviewed the conditional use permit and amendment and recommended approval. that the ordinance COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR THE OPERATION OF THE ELK RIVER LANDFILL WITH THE AMENDMENTS RECOMMENDED BY THE PLANNING COMMISSION LISTED IN THE MEMO TO THE MAYOR & CITY COUNCIL FROM THE BUILDING AND ZONING ADMINISTRATOR DATED JANUARY 28, 1993. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE MUNICIPAL SOLID WASTE LICENSE FOR THE ELK RIVER LANDFILL WITH THE RECOMMENDATIONS LISTED IN THE MEMO TO THE MAYOR & CITY COUNCIL FROM THE BUILDING AND ZONING ADMINISTRATOR DATED JANUARY 28, 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 93-1, AN ORDINANCE AMENDING SECTION 604.14 OF THE ELK RIVER CODE OF ORDINANCES REGARDING THE EXPIRATION AND RENEWAL OF SOLID WASTE FACILITIES LICENSES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Consider Police Department Purchase of Ammunition Brad Rolfe, Police Sergeant, indicated that the Police Department is requesting to purchase three Heckler and Koch MP5 carbines in 1993. Sergeant Rolfe explained that currently the Elk River Police Officers are using handguns as their primary defense firearm for normal assignments. He explained that handguns are not reliably accurate beyond 25 yards. Sergeant Rolfe explained that due to the shortcomings of handguns, the officers are also equipped with 12 gauge shotguns. He explained that shotguns also have significant limitations and indicated . . . Elk River City Council Minutes February 1, 1993 Page 7 that due to the limitations on both shotguns and handguns, the Police Department is requesting the purchase of the MP5 carbines. COUNCILMEMBER FARBER MOVED TO APPROVE THE PURCHASE OF THREE HECKLER AND KOCH MP5 CARBINES IN 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Wastewater Treatment Plant Policy Regarding Sewer Backups Darrell Mack, WWTS Superintendent, indicated that he is responding to Mr. Turner's request for reimbursement from the City for having his sewer line cleaned several different times. Darrell Mack explained that the City was not notified of a sewer backup problem until November 18, and after inspection of the City's line he found that the problem was not caused by the City's line. Darrell Mack explained that the homeowner should call the City if they are experiencing sewage backing into their home prior to calling a sewer service company. Darrell also explained that because the City has an ongoing maintenance problem, the insurance company has determined that the City is not negligent if there is a sewer backup and because of this, most claims for reimbursement have been denied in the past. Peter Beck, City Attorney, explained that in the case of sewer backups, it usually is the homeowners insurance which covers the claim for damage. Councilmember Farber suggested that an article pertaining to sewage problems be printed in the City's newsletter. Councilmember Scheel suggested putting information regarding homeowners sewer problems in with the billing. Mayor Duitsman requested staff to contact Mr. Turner and inform him of the City Council's discussion and the fact that it is the homeowners responsibility to maintain the line from the house to the trunk line. 7.3. Joint City Council/Planning Commission Meeting The City Administrator stated that the Council previously scheduled a joint meeting with the Planning Commission on 2/20/93. He indicated that the Planning Commission cannot attend the meeting on this date and is requesting the Council to consider another date. COUNCILMEMBER HOLMGREN MOVED TO AMEND THE MOTION TO HOLD A JOINT MEETING WITH THE PLANNING COMMISSION ON FEBRUARY 20, 1993, BY STRIKING OUT THE DATE FEBRUARY 20, AND ADDING THE DATE FEBRUARY 27. THE AMENDED MOTION READING AS FOLLOWS: "THAT A JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION BE HELD ON FEBRUARY 27, 1993, AT 9:00 A.M., AT THE ELK RIVER PUBLIC LIBRARY AND THAT A TOUR OF THE CITY FACILITIES WILL FOLLOW THE JOINT MEETING." COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Discuss Municipal Utility Needs for the Highway 169/193rd Avenue Area . . . Elk River City Council Minutes February 1, 1993 Page 8 Pat Klaers, City Administrator, updated the Council on the status of the need for utilities in the area of Highway 169 and 193rd Avenue. He stated that municipal utilities must be provided before the Highway 169 and 193rd Avenue intersection area can develop in an urban manner. He indicated that the City's Growth Management Plan identified this area for urban growth. He further indicated that the 1982 Water Comprehensive Plan and a 1992 area-wide Feasibility Report studied this area for urban development and both reports identified the need for a water tower and well in this area. Pat Klaers suggested that the Council consider discussing this issue with the Utilities Commission. He indicated that time is important as it takes approximately a year to a year and a half to construct a water tower. Mayor Duitsman indicated he was in favor of contacting the Elk River utilities Commission and that a joint meeting be held between the Commission and the City Council on February 15. He indicated that if this date is not acceptable to the Commission, the Council would consider meeting on February 22. The City Council concurred with the . need to have a meeting with the Utilities Commission to discuss the water system needs in the urban area. 7.5. Update on Commercial Development Project Pat Klaers, City Administrator, reviewed the status of the commercial development project proposed for the Highway l69/193rd Avenue area. He stated that the developers had submitted most of the material necessary to proceed with a public hearing before the Planning Commission. The City Administrator reviewed the material submitted by the developers. Peter Beck, City Attorney, reviewed the City's letter of credit policy for public improvements and stated that the City policy has been created mostly to protect the City in residential development projects. He stated that a large commercial project may need different requirements for a letter of credit than a residential project. He indicated that staff is considering requesting 100% security during the construction of the project until occupancy and then, following occupancy, requesting a letter of credit in the amount of three years of assessments per lot be escrowed. Peter Beck further indicated that he is researching other cities regarding this matter. Mayor Duitsman indicated that he felt that the City type of letter of credit for the public improvements needs protection in case the property owner assessments. should require some and that the City does not pay the Terry Maurer distributed a traffic study for the area and Council that the purpose of the traffic study was deficiencies in roads that are external to the site. A specific feasibility study will recommend alternatives to issues. advised the to identify future site solve traffic 7.6. Public Hearing to Consider Modifying the EDA Enabling Resolution . . . Elk River City Council Minutes February 1, 1993 Page 9 Mayor Duitsman indicated that this public hearing was continued from the December 7, 1992, City Council meeting. He indicated that it was the consensus of the City Council that the EDA remain as a seven member Commission with five elected members and two non-elected members for at least one year so that the newly elected members can have time to become familiar with the Economic Development Authority. He indicated that this issue will again be discussed at some time in the future prior to the next municipal election. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. It was the consensus of the Council that no action be taken at this time. 8. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 9:10 and reconvened at 9:14. 9.1. Code of Conduct Mayor Duitsman distributed a code of conduct to the City Council for review. He indicated he felt it was important that the City of Elk River has a code of conduct. Counci1member Holmgren requested the City Attorney to review the draft code of conduct which is Sherburne County's code and to present a revised version which would fit the City of Elk River's needs. It was the consensus of the Council that this be presented to the City Council in about one month. 9.2. Motor Vehicle Counci1member Dietz informed the Council that he discussed the issue of the Motor Vehicle department moving to the new City Hall. He indicated that the Deputy Registrar has informed him that they must check with the State of Minnesota regarding this issue. 9.3. Garbage Billing Counci1member Dietz requested a presentation by the Elk River Utilities Commission or City Council regarding the issue of the garbage billing being combined with the utilities bill. The City Administrator indicated that City staff is working on this issue with the Utilities staff and will have a presentation to the Council in the near future. 10. Staff Updates The City Administrator informed the Council approved by the County for a joint meeting with Board of Commissioners and City Council. that March 29 has been the Sherburne County . . . Elk River City Council Minutes February I, 1993 Page 10 The City Administrator requested that the Council Council meeting following the EDA meeting on February Council can call a public hearing for the Tescom Financing assistance. call 8 so Tax a special that the Increment COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON FEBRUARY 8, 1993, FOLLOWING THE EDA MEETING TO BE HELD AT THE CITY HALL FOR THE PURPOSE OF CALLING A PUBLIC HEARING ON THE TESCOM TAX INCREMENT FINANCING PLAN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that off negotiations for a land purchase from Industrial Park. Perf-form has broken a private owner in the The City Administrator informed the Council that Byron Houghtelin of the Park and Recreation Commission has resigned. Highway 101 The City Administrator informed the Council that he has been informed by MnDOT Engineers that nine of the ten fatalities since 1989 on Highway 101 have happened between the river bridge and County Road 42. He indicated that MnDOT is exploring all possible options to move the project forward. Councilmember Scheel informed the Council that she is trying to track down the donors of the Main Street bridge plaque so that the plaque can be duplicated. She stated she has been in contact with the company that will be making the plaque and they have informed her that it can be done at $3.00 per inch and $50.00 for the logo. Councilmember Farber informed the Council that he attended the newly elected officials conference. Councilmember Farber also suggested that one of the Councilmembers be present during labor negotiations. Mayor Duitsman indicated that the Council should make a decision regarding this issue at an upcoming Council meeting. 11. Adjournment There being no further business, COUNCI LMEMBER ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED MOTION CARRIED 5-0. HOLMGREN MOVED THE MOTION. TO THE . . . Elk River City Council Minutes February 1, 1993 The meeting of the Elk River City Council adjourned at 9:45 p.m. Respectfully submitted, ~'/Uf!t/2/Cl .'::f/;{L~.h::A c~ (q4: Sandra Thackeray /~) City Clerk Page 11