Loading...
09-16-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 16, 2002 Members Present: Members Absent: Staff Present: Also Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motto (6:45 p.m.), and Tveite None City Administrator Pat Iadaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, Police Chief Tom Zerwas, Assistant Police Chief Jeff Beahen, City Engineer Terry Maurer, City Attorney Peter Beck, Recording Secretary Tina Allard Planning Commissioner Mark Pederson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:02 p.m. by Mayor Klinzing. Consider 9/16/2002 Agenda Councilmember Dietz requested to add Item 7.2. City Administrator Performance Review, to the agenda. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.4 3.5 9/9/2002 CITY COUNCIL MINUTES REQUEST BY RICHARD MOCHINSKI FOR CONDITIONAL USE PERMIT TO CONSTRUCT 6,832 SQ. FT. RETAIL FACILITY & CONDITIONAL USE PERMIT FOR SITE PLAN APPROVAL OF BATTERIES PLUS, PUBLIC HEARING - CASE NO. CU 02-23 - WITHDRA~rN WAGE INCREASE FOR DON KARSTENS FROM PAY GRADE 2, STEP C TO PAY GRADE 8, STEP A RETROACTIVE TO JULY 1, 2002 ACCEPT RESIGNATION OF MICHAEL BAKER SECURTY SYSTEM UPGRADE TO NORTHBOUND LIQUOR IN THE AMOUNT OF $7,$63, WITH $0% OF FUNDS COMING FROM A SAFETY GRANT AND THE OTHER $0% COMING FROM THE LIQUOR STORE RESERVES City Council 5,finutes Page 2 September 16, 2002 COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mayor I~linzing stated that Michael Baker has served the Planning Commission very well and will be missed. 4.1. NCDA Update Senior Planner Scott Harhcker provided an update of the September 5, 2002 NCDA meeting. 4.2. YMCA Update - Mayor K1inzing Mayor Klinzing provided an update on YMCA activities. She stated that the subcommittees have been meeting regularly and have been expanding and she also discussed YMCA programming. 4.3. Utilities Update - Councilmember Dietz Councilmember Dietz updated the Council on the September 9, 2002 Util/ties Commission meeting. He stated that the Commission discussed a new water rate design to help curb the use of water for lawn sprinkling. The Commission also discussed the land purchase for Well #8 near Grace Assembly of God Church on County Road 13. 4.4. Park and Recreation Commission Update Director of Planning Michele McPherson provided the Council with an update of the September 11, 2002 Commission meeting. 4.5. Consider Revised Open Burning Ordinance and May Director of Planning Michele McPherson discussed the new Open Burning Map and Section 410 - Open Burning. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 02-12 REPEALING ALL OF THE EXISTING SECTION 410 - OPEN BURNING, OF THE CITY CODE OF ORDINANCES AND ADOPTIONG A NEW SECTION 410. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5. Open Mike No one appeared for Open Mike. 6.1. Consider Resolution Requesting Sherbume County. to Pass a Resolution Requesting a Traffic Study on Coun .t-y Road 33 from Proctor Road East to County. Road 13 Assistant Police Chief Jeff Beahen stated that he received a letter from a resident regarding the safety of the curves on County Road 33 east of Highway 169. Assistant Chief Beahen stated that he sent the resident a letter detailing the history of the action taken regarding this stretch of road. He stated that the city has appealed to the county on numerous occasions for road improvements m the area. He discussed the accident history of the road. City Council Minutes September 16, 2002 Page 3 6.2, PoLice Chief Tom Zerwas stated that he received a letter from Sherburne County stating that they have County Road 33 in their Long Range Transportation Plan and feel that this road is a corridor road that needs further study. Councilmember Tveite questioned whether passing a resolution requesting a traffic study on the roadway would be enough action to motivate the county to address the safety concerns with the curves on the road. Mayor Klinzing questioned who would be responsible for the funding. She questioned whether a speed study would be practical to complete now when the traffic on the road will change dramatically once the interchange on Highway 169 and County Road 33 is complete. City Administrator Pat Klaers stated that city could request a study to redesign the road rather than a speed study. City Engineer Terry Maurer stated that a speed study had been completed recently and suggested that the city request another speed study after the interchange is completed. It was the consensus of the Council that the city send a resolution requesting a Corridor Redesign Study completed by the county. Gravel Truck Update Assistant Chief Beahen stated that the police department has been monitoring speeds of traffic on Proctor Avenue. He stated that they have not caught any trucks speeding in the area. He stated that patrols would keep monitoring the area. Terry Maurer stated that the trucks would be using Proctor Avenue for another three weeks for a large construction project in the area. Consider Request for Four-Way Stop at Orono Parkway and Joplin Street City Administrator Pat Klaers stated that staff is requesting an all-way stop at Orono Parkway and Joplin Street due to the emergency vehicles that will be using that route. Councilmember Kuester questioned if the stop sign at JopLin Street and Business Center Drive would be removed. Councilmember Dietz questioned if there was enough traffic using this route to warrant an all way stop. He stated that he thought it premature to put in the stop sign and that it would only irritate residents. City Engineer Terry Maurer stated that it was unlikely that traffic counts would warrant a stop sign for the intersection. Councilmember Motto arrived. (6:45 p.m.) Councilmember Tveite stated that he concurred with Councilmember Dietz and he felt the stop sign would be more dangerous and would cause traffic to speed up more to compensate for having to stop at the sign. City Council Minutes Page 4 September 16, 2002 Mayor Ia-&inzing questioned if another type of signage could be used warning of emergency vehicles in the area. Assistant Chief Beahen stated that Optic-Con equipment could be used to warn traffic of emergency vehicles in the area. Mr. Maurer stated that would gather cost estimates for the Optic-Con equipment and check with the Fire Chief regarding the necessity of the stop sign. 6.3. Request by the City of Elk River for Easement Vacation - The Crossroads Second Addition Public Hearing - Case No. EV 02-06 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the city is completing a public improvement project to realign Yale Street and that the old street right-of-way, and drainage and utility easements need to be vacated. New easements will be dedicated on the plat of The Crossroads Second Addition. Mayor Irdinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 02-86 VACATING STREET AND DRAINAGE AND UTILITIY EASEMENTS, CASE NO. EV 02-06. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by City, of Elk River for Preliminary and Final Plat Approval ,(The Crossroads Second Addition), Public Hearing - Case No. P 02-15 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the city is requesting preliminary and final plat approval for Crossroads Second Addition. She gave an overview if the project and discussed the Planning Commission action. Mayor IGinzing opened the public hearing. There being no one to speak to this issue, Mayor K2inzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE THE PRELIMINARY PLAT OF CROSSROADS SECOND ADDITION AND TO ADOPT RESOLUTION 02-87 GRANTING FINAL PLAT APPROVAL FOR THE CROSSROADS SECOND ADDITION, CASE NO. P 02-15. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by Windsor Oaks for Elk River, LLC .(Barbara Ford.) for Preliminary. Plat Approval OVindsor Oaks), Public Hearing - Case No., P 02-18 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting preliminary plat of Windsor Oaks of Elk River, a 33 single family lot cluster subdivision. He discussed zoning, street and lot layout, wetlands, density bonuses, landscaping, open space, park dedication requirements, well and septic, and the Planning Commission action. Mayor Klinzing opened the public hearing. City Council Minutes September 16, 2002 Page 5 Jim Brown, Dynamics Design and Land Company - Stated that breakaway barriers for emergency vehicle access would be installed along the temporary easement. He stated that the trails in the development would be available to the public. Brad Steven, 19426 Ogden Street - Stated that he is concerned about the impact that development is having on the schools. He is concerned about the ballfield located next to the railroad tracks and stated that if the ballfield were moved north of 193rd Avenue he would still be concerned about the safety of children near the ponds. Mr. Brown stated that the zoning in this development is low density. He stated that he would put berming, landscaping, and fencing along the railroad tracks, lie stated that the roundabout on 193rd Avenue was put in to control traffic speeds. Mayor K2inzing closed the public hearing. Councilmember Kuester stated that she is concerned with the temporary cul-de-sac on 196th Avenue. Mayor Kflinzing stated that she is concerned with how Ditch #28 would be affected by this development. City Attorney Peter Beck stated that this issue should be addressed as a condition in the f-mai plat. Councilrnember Kuester stated that there should be a more qualitative way to measure density bonuses that are given for public use of open space. She is also concerned with the length of the cul-de-sac on 197~h Avenue. Councilmember Tveite stated that he doesn't have a problem with the density bonuses given in this plat. He stated that having a trail privately funded by the developer for public use is a good addition for the community as a whole due to the shortage of parks. Mayor Klinzing stated that the density bonuses give the city more trail access that wouldn't normally happen if citizens could develop individual large lot properties. Councilmember Motin stated that he liked the plat but he doesn't like the length of the cul- de-sac on 197th Avenue. He is concerned about the gas line easement and having enough egress/ingress to the development in an emergency. Jim Brown stated that he felt that he met the purpose of the cul-de-sac length exceeding 700' because it is designed to extend into adjoining un-subdivided property and connect with a future street. COUNCILMEMBER TVEITE MOVED TO APPROVE THE PRELIMINARY PLAT OF WINDSOR OAKS WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. City Council Minutes September 16, 2002 Page 6 A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. OUTLOTS A -F BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 13. ALL MAILBOXES BE CLUSTERED. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 16. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. City Council Minutes September I6, 2002 Page 7 17. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS AND TRAFFIC CIRCLE SHALL BE THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 18. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 19. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE AND INDICATES WHERE THE ADDITIONAL TREES, THAT WILL BE REQUIRED IN ORDER TO RECEIVE THE DENSITY BONUS, ARE TO BE LOCATED. 20. THE RIGHT-OF-WAYS FOR 193RD AVENUE, THE BURLINGTON NORTHERN/SANTA FE RAILROAD AND COUNTY ROAD 35 BE SHOWN IN THE SOUTHEAST CORNER OF THE PLAT. 21. THE NORTHERN NATURAL GAS EASEMENT AND THE GAS LINES BE SHOWN ON THE PLAT 22. PARK DEDICATION FEES FOR 32 LOTS AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING 23. THE BASEBALL FIELD ON OUTLOT E AND THE INTERNAL TRAIL SYSTEM BE OPEN TO THE GENERAL PUBLIC AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 24. STREET RIGHT-OF-WAY FROM RAWLINS STREET WILL BE PROVIDED TO THE EXCEPTION TO THE WEST. 25. THE BALLFIELD/PLAY AREA BE LOCATED NORTH OF 193RD AVENUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Motto opposed. 6.6. Request by Thomas Dunsmore for Preliminary and Final Plat Approval .(File River Town Office Development), Public Hearing - Case No., P 02-19 Staff report submitted by Director of Planning M_ichele McPherson. Ms. McPherson stated that the applicant is requesting preliminary and final plat approval of Elk River Town Office Development. She provided an overview of the project and discussed circulation, drainage, utilities, landscaping, and the Planning Commission action. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Minutes September 16, 2002 Councilmember Motin questioned if any retail could be allowed in this plat. He is also concerned with tree preservation. Page 8 Ms. McPherson stated that the post office site has the largest amount of trees on it but that the city would work with the applicant in preserving as many trees as possible. COUNCILMEMBER KUESTER MOVED TO APPROVE THE PRELIMINARY PLAT OF ELK RIVER TOWN OFFICE DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE BUILDINGS SHALL COMPLY WITH ALL BUILDING AND FIRE CODES. AND TO ADOPT RESOLUTION 02-88 GRANTING FINAL PLAT APPROVAL FOR ELK RIVER TOWN OFFICE DEVELOPMENT, CASE NO. P 02-19, WITH THE FOLLOWING CONDITION: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Discuss County Road 44 Improvement Project Status Discuss County. Road 40 Improvement Project Status City Engineer Terry Maurer updated the Council on the status of the County Road 44 and County Road 40 improvement projects of Sherburne County. He stated that County Road 44 is scheduled for reconstruction in 2004. Mr. Maurer stated that this improvement project does not include any cost for city amenities such as lights, trees, and trails. Sherburne County received a TEA 21 grant for reconstructing County Road 40 in fiscal year 2004 but, due to the right-of-way that must be obtained on this road, the county may not make any improvements. He suggested the city might want to consider pursuing the turnback of these two roadways because with one entity in control and overseeing the whole project the city would have more control on how they are completed. Discussion was held on the pros and cons of turning these roadways back to the dty. Councilmember Dietz stated that the city should pursue the turnback of County Road 44 due to the traffic that uses this route. The Council concurred. COUNCILMEMBER DIETZ MOVED TO HAVE THE CITY ACTIVELY PURSUE THE TURNBACK OF COUNTY ROAD 44 AND TO WORK WITH THE COUNTY ON THE COUNTY ROAD 40 PROJECT BUT TO TAKE A "WAIT AND SEE" APPROACH TO THIS POSSIBLE TURNBACK. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes September 16, 2002 Page 9 7.1. 7.2. 2002 Fall Homecoming Parade City Administrator Pat Klaers stated that the Council has been invited by the Elk River Area High School to be in the Fall Homecoming Parade. He stated that Council could ride in the antique £zre truck provided by the £~re department. City. Administrator Performance Review Councilmember Dietz stated that the Council has discussed conducting a performance review for the city administrator before the end of the year. He indicated that he thought it would be important for the Council to receive input from department heads prior to conducting the review. The Council discussed the best method to obtain input from department heads regarding the performance of the city administrator. Director of Planning Michele McPherson indicated that she has experienced this situation in a previous munidpal position and that a successful approach was a questionnaire that department heads anonomously f2led out. The City Administrator Pat Klaers indicated that he has been reviewing some articles from the Public Management (ICMA) magazine and the League of Minnesota Cities magazine regarding approaches and techniques for review of the city administrator. Discussion took place regarding the administrator being provided direction by way of City Council goals. The use of an outside consultant to assist in the review process was discussed. Councilmember Tveite stated that the Council should obtain a self-assessment from the city administrator prior to or during the review. The City Council requested copies of the articles that the city administrator referenced and indicated that it would further discuss this issue at a later date. September 11 Sculpture Mayor Klinzing presented a sculpture created by Planner Chris Leeseberg. She explained the meaning of the sculpture as it relates to the September 11, 2001 terrorist attack. She received many positive comments from the public regarding the sculpture at a recent memorial service and other events she attended. She stated that there have been requests for more copies of the sculpture from groups that would like to keep it as a reminder of the events on September 11, 2001. Staff Updates Mr. Klaers informed Council of topics that would be coming up for discussion on the next Council agenda. Executive Session COUNCILMEMBER DIETZ MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed the regular meeting at 8:30 p.m. and went into Executive Session. City Council Minutes September 16, 2002 Page 10 Council reconvened the regular meeting of the City Council at 9:45 p.m. 10. Adjournment There being no further business, Mayor ICdinzing adjourned the meeting of the Elk River City Council at 9:45 p.m. Recording Secretary Tina Allard EXECUTIVE SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 16, 2002 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat I~daers, Director of Planning Michele McPherson, City Engineer Terry Maurer, City Attorney Peter Beck, Recording Secretary Tina Allard 2o Call Meeting To Order Pursuant to due call and notice thereof, the Executive Session of the Elk River City Council was called to order at 8:31 p.m. by Mayor Klinzing. Gobel Litigation and Tollefson Development Inc. Litigation City Attorney Peter Beck provided an update on the Gobel litigation and the Tollefson Development Inc. litigation. Adjournment Mayor Klinzing adjourned the Executive Session of the Elk River City Council at 9:45 p.m. Recording Secretary Tina Allard