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04-22-2002 CC MINMEETING OF THE ELl( RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 22, 2002 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, and Tveite Members Absent: Councilmember Motin Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, City Clerk Sandra Peine, Chief of Police Tom Zerwas, and Street/Park Superintendent Phil Hals 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 6:00 p.m. by Mayor Klinzing, 2. Consider 4/22/02 Agenda (Item 3.1 - Consent Agenda) - The City Clerk requested the following amendment to the motion on item 3.11 of the 4/15/02 Council Minutes: Attorney Peter Beck suggested the follovaing amendment: '~3y striking, Section 1, making Section 2 Section 1, striking Section 3, and making Section 4 Section 2 in order to separate those items pertaining to Section 1002 of the ordnance.from Section 900, in order to table the items addressed in Section 900." COUNCILMEMBER DIETZ MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 4/15/2001 CIT~ COUNCIL MINUTES - APPROVED AS AMENDED 3.2. CHECK REGISTER 3.3. ACCEPT RESIGNATION FROM AARON SHOMAKER AND AUTHORIZE HIRING OF: GREGORY GENGLER AS ASSISTANT CABLE PRODUCER AT A STARTING WAGE OF $11 PER HOUR WITH AN INCREASE TO $12 PER HOUR BASED ON A SUCCESSFUL SIX- MONTH ORIENTATION. 3.4. AUTHORIZE SPENDING ADDITIONAL EQUIPMENT CERTIFICATE FUNDS UP TO THE ORIGINAL BUDGET AMOUNT OF $186,500 FOR THE PURCHASE OF A DUMP TRUCK, ASPHALT PATCHING TRAILER, AND PICK-UP TRUCK. 3.5. AMENDMENT TO ITEM 6.5 OF THE MARCH 18, 2002 CITY COUNCIL MINUTES 3.6. RESOLUTION 02-34 CANCELING THE 1999 EAST ELK RIVER IMPROVEMENT SPECIAL ASSESSMENTS LEVIED AGAINST CERTAIN CARGILL, INCORPORATED PROPERTY City Council Minutes Page 2 April 22, 2002 3.7. CONSIDER RESOLUTION 02-35 ESTABLISHING MUNICIPAL STATE AID STREETS (UNNAMED ROADWAY FROM 165TM AVENUE NW TO JARVIS STREET NW) RESOLUTION 02-36 REVOKING MUNICIPAL STATE AID STREETS (IRVING STREET NW FROM RAILROAD DRIVE TO SCHOOL STREET NW (MSAS ROUTE 108)) COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. 5.1. Comprehensive Plan Membership and Meeting Schedule Update Director of Planning Michele McPherson informed the Council that 11 primary members representing city commissions and the public have volunteered to be on the task force. She indicated that in addition to the task force, Hoisington Koegler Group, Inc. would be interviewing 11 identified citizens to represent the community at large. Michele updated the Council on the schedule of events planned for the next several months. She indicated that the public would be invited to attend all of the meetings. Michele stated that staff is working to establish a communications plan in order to ke. ep the community informed of the activities during the comprehensive plan update. The Council reviewed the list of community at-large citizens that will be interviewed by Hoisington Koegler. The Council agreed that two community at-large members should be appointed to the Task Force. COUNCILMEMBER KUESTER MOVED TO APPOINT THE 11 COMPREHENSIVE PLAN UPDATE TASK FORCE MEMBERS TO REPRESENT CITY COMMITTEES AND THE PUBLIC AS PRESENTED, LEAVING TWO ADDITIONAL POSITIONS OPEN TO BE APPOINTED AS AT-LARGE COMMUNITY MEMBERS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Resolution Designating Polling places City Clerk Sandra Peine reviewed the proposed polling places for the city's eight precincts. Discussion took place regarding the rec6mmended polling place of St. Andrew's Church for Precinct 4B. The City Clerk noted that the church is located just outside of the precinct line, which is allowed by State Law. She indicated that another option for a polling location located within the boundary line is the Guardian Angels Senior Center. The Council discussed the proposed polling locations. The City Clerk noted Councilmember Motin's concerns regarding using St. Andrew's as a polling location. She also noted his disappointment in not being able to use the Trott Brook Barn as a polling location. City Council Minutes April 22, 2002 Page 3 The Council discussed the issue of using St. Andrew's Church as a polling location. Following Council discussion it was the Consensus of the Council that it would be best to use the Senior Center as a polling location for Precinct 4B. The City Clerk noted that the resolution would be amended to reflectithis change. COUNCILMEMBER TVEITE MOvED TO ADOPT RESOLUTION 02-37 DESIGNATING POLLING PLACES FOR THE CITY OF ELK RIVER WITH THE AMENDMENT SHOWING THE SENIOR CENTER AS THE POLLING LOCATION FOR PRECINCT 4B.~OUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Wapiti Park Consumption and Display i The Mayor noted that the Council previ Council following a report from the Clx Wapiti Park during the past year. ?errnit ously requested that this item be revisited by the ef of Police of incidents that have taken place at 5,4. Chief Zerwas informed the Council ttxa! the police department has received 86 calls for service to varying degrees over a 16-mogth period, many of which were nuisance related. He also indicated that he has received complaints from citizens regarding noise. The Chief indicated that Ms. Glen is working withI the police department to try to get the situation under control. ' Juanita Glen, Wapiti Park manager, informed the Council that she has implemented rules for the campground and is attempting to g~t rid of the problem people. Ms. Glen handed out the campground rules to the Council. Mayor Klinzing indicated that it is the r{commendation of the Chief of Police that Wapiti Park Campgrounds is put on notice thai there is currently a problem at the campground. Councilmember Dietz indicated that if the problem continues, the Council should consider not renewing the beer license that will be due on July 1. Susan Sevruid, 5349 Park Avenue SouR: Minneapolis, MN, stated that she keeps a motor home at the camp. She noted that not all 86 calls are related to the sale of beer and does not feel the 3.2 liquor license is the problerr~. She further noted that the camp is providing a place where low income working peopk can have a home that is respectable. Mayor Klinzing stated that Wapiti Park is not a COUNCILMEMBER TvEITE MO AND DISPLAY PERMIT FOR STIPULATION THAT THE COUI LIQUOR LICENSES ARE RENE'xl ICOESTER SECONDED THE MO' place for permanent living. VED TO APPROvE THE CONSUMPTION ~ITI PARK CAMPGROUNDS WITH THE 4CIL REVISITS THE ISSUE WHEN "ED IN JUNE. COUNCILMEMBER ['ION. THE MOTION CARRIED 4-0. City. Hall/Public Safety/Utilities Build~ Project Update City Administrator Pat Klaers addressed the Council on issues relating to the building project. Items of review included the following: · Emergency Vehicle Flasher Requirement · Bid Alternate for the Roof City Council Minutes April 22, 2002 · Construction Schedule · Public Use of Meeting Rooms · Budget Issues · 1992 CUP Chief Zerwas reviewed the issue relatmt recommended against installing the war Page 4 ; to the warning flashers on Orono Parkway. He ~ing flashers, as he does not believe they are necessary. He also noted that to activa~ the flashers, full lights and sirens would be required; this is in conflict with the wishes of the ]neighbors. He noted that Firefighters and police officers would use care when exiting O~ono Parkway. The City Administrator suggested that the warning flashers could be installed i~ the future if traffic conflicts become a problem. The City Administrator suggested that the roof material concern be addressed by having Timberline shingles added as a bid alterFative. In this manner the Council can select their roof preference once bids are opened. The Council agreed with this approach. Pat KIaers reviewed the construction schedule. He noted that the City is two weeks behind schedule for bidding. He noted that thelpositive side of the delay is that it would keep the project from interfering with the Count~ Fair and the July 4th celebration. Discussion was held regarding public u~e of meeting rooms. The City Administrator recommended not having the meeting r security and staffing reasons. Councilm, Lion's Park. Councilmember Kuester h: allowing the rooms to be open to the p~ long term planning of the facility take ti ~om available to the public in the evening due to ,.tuber Dietz indicated that these groups could use dicated that she would be uncomfortable never ~blic in the evening and would, like to ensure that ds issue into consideration. The City Administrator recommended riot charging SAC and WAC fees, as this is essentially an internal transfer of funds, i~ The City Administrator informed the Cpuncil that the committee is recommending total replacement of the existing flat roof be(~ause of problems the City has experienced. He noted that this replacement is necessar~ but is not in the budget. He informed the Council that that the City may have to use interflal loans for the roof replacement until funds become available for this additional expenditure. The City Administrator informed the C~uncil that the public safety budget has been exceeded due to the additional square footage for the EOC and fire station and because cabling and security costs were under~s~xnated. He reviewed what has been done to date to begin reducing the cost and discussed possible additional bid alternates that would be considered to bring the cost down. The City Administrator reviewed the 1992 conditional use permit conditions for the existing City Hall. Councilmember Dietz indicated that condition of 80% opacity has not been accomplished. He suggested adding more trees to accomplish this. Councilmember Tveite requested staff ~o pursue the possibility of recovering some reimbursement for the existing roof. The City Administrator indicated that this is being done. City Council Minutes Page 5 April 22, 2002 COUNCILMEMBER DIETZ MO~D TO APPROVE THE ELIMINATION OF THE EMERGENCY WARNING FLASHERS FROM THE CUP, THE INCLUSION OF A NEW FLAT ROOF WITH THE BUILDING PROJECT, AND THE FORGMNG OF SAC FEES FOR THE PROJECT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.1. Request by Phoenix Enterprises for Cooditional Use Permit for Building Addition and Billiard Hall - CU 02-08 Director of Planning Michele McPherson indicated that Phoenix Enterprises and Bruce Smith are requesting a conditional use permit to allow construction of an addition to a building and to allow a billiard hall located at 19463 Evans Street. Michele reviewed the staff report. Michele noted that no one spoke for or against the request at the Planning Commission. She indicated that the Planning Commission voted to approve the two requests with certain conditions. Michele noted that there is a conflict with the licensing ordinance and applicant's request for hours of operation. She indicated that the ordinance limits hours of operation to 1 am. Michele indicated that the City Attorney has suggested two options to resolve this conflict. Issue the Conditional Use Permit with hours to 3:00 a.m. with the condition that until the ordinance is amended, they cannot operate past the hour of 1:00 a.m., or 2. Issue the conditional Use Permit limiting the hours of operation to 1:00 a.m. Discussion was held regarding the request to have the Billiard Hall ophn on Fridays and Saturdays until 3:00 a.m. Mayor Klinzing opened the public hearing. No one spoke for or against the matter. Mayor Klinzing closed the public heating. Councilmember Dietz questioned who the primary audience would be for the Billiard Center. Bruce Smith, 19260 Dodge Street, applicant, indicated that the primary audience is between the ages of 16 and 35 and between ages 45 and 65. Mayor I4dinzing indicated that she is not in favor of authorizing a 3 a.m. closing time. She also indicated her concerned about disturbing the neighbors. Brace Smith responded that he is not interested in attracting the bar crowd. Councilmember Tveite indicated that although he has concerns regarding the 3 a.m. timeframe, he would be willing to allow it with the condition that a 6 and 12-month review and report from the police chief be given to the Council and allowing the Council to revoke the 3 a.m. time frame if problems exist. Councilmember Kuester indicated that she has heard concerns from her constituents relating to noise emanating from vehicles that neighbors will be subject to during the early morning hours. MAYOR KLINZING MOVED TO APPROVE THE REQUEST FOR THE CONDITIONAL USE PERMIT WITH THE HOURS OF OPERATION NOT EXCEEDING 1:00 A.M. COUNCILMEMBER KUESTER SECONDED THE City Council Minutes April 22, 2002 Page 6 MOTION. THE MOTION FAILED 2-2. COUNCILMEMBER DIETZ AND COUNCILMEMBER TVEITE OPPOSED. Daryl Thompson representing the developer indicated that notices of the public hearings were sent to the neighborhood but no one appeared at the public hearings to object to the request. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A BUILDING ADDITION AND BILLIARD HALL AT 19463 EVANS STREET NW WITH THE FOLLOWING CONDITIONS: BUILDING CONDITIONS: 1. THE BUILDING ADDITION SHALL COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES. 2. SECURITY LIGHTING SHALL BE INSTALLED IN THE REAR OF THE BUILDING. BILLIARD FACILITY CONDITIONS: 1. THE EMPLOYEES SHALL POST IN PLAIN SIGHT AND ENFORCE THE CITY OF ELK RIVER'S CURFEW REQUIREMENTS. 2. THE EMPLOYEES SHALL POLICE THE GROUNDS AND NOTIFY THE POLICE DEPARTMENT IF THERE ARE PROBLEMS INSIDE OR OUTSIDE OF THE BUILDING. 3. WINDOWS SHALL REMAIN UNCOVERED AND UNOBSTRUCTED. 4. THERE SHALL BE NO SALE OF CIGARETTES. 5. THERE SHALL BE NO USE OF CIGARETTES BY MINORS. 6. THE OPERATOR SHALL APPLY FOR, RECEIVE, AND COMPLY WITH A BILLIARD HALL ICENSE ISSUED BY THE CITY OF ELK RIVER. 7. THE BILLIARD HALL EXTENDED HOURS OF OPERATION ON FRIDAY AND SATURDAy EVENING SHALL BE REVIEWED FOR THE NUMBER AND TYPE OF POLICE CALLS AT SIX AND TWELVE MONTHS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-O. 6.1A. Request for Billiards License COUNCILMEMBER DIETZ MOVED TO APPROVE THE BILLIARD LICENSE FOR B & B BILLIARDS AT 19463 EVANS STREET iN~ AND TO DIRECT STAFF TO PREPARE AN AMENDMENT TO THE BILLIARD ORDINANCE TO ALLOW MORE FLEXIBILITY FOR HOURS OF City Council Minutes Page 7 April 22, 2002 OPERATION. COUNCILMEMBER K-UESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council recessed at 7:25 and moved to the training room for a joint meeting with the Park and Recreation Commission. Joint Meeting with Park and RecreatiogiCommission Park and Recreation Commission Members Present: Commissioners Dave Briggs, Dawn Polston-Hork, Dave Anderson, Duane Peterson, John Kuester, and Tim Sladek Staff Present: Street/Park Superintendent Phil Hals, Recreation Director Michele Bergh, Assistant Street/Park Superintendent Mark Thompson, City Administrator Pat Klaers, Director of Planning Michele McPherson and City Clerk Sandra Peine The Council reconvened at 7:35 pm. Mike Nijolek gave a presentation relafng to environmental issues. The presentation focused on the preservation of the ecosystem. Michele McPherson introduced the topics of discussion, which included formation of a Park and Recreation Department, regulations of off-road vehicles, and the YMCA. 1. Formation of a Park and R¢<reation Department Discussion pertaining to the draft Park and Recreation Commission j6b description for a park and recreation director, the need for staff reorganization if a director is hired, and budget constraints ensued. Commissioner Duane Peterson stated that the Park and Recreation Commission would like to see the position as a 2003 budget request. Commissioner Peterson discussed the Park and Recreation Commission's reasons for wanting to implement a Park and Receeation Department and to hire a director. Commissioner Peterson indicated that the need has to do with how fast things are moving in the City, the need to look at different ways of replacing revenue streams, and the need to preserve land. He stated that the Comm/ssion feels that the need for someone to oversee these issues is critical. Commissioner Tim Sladek indicated that hiring this position would combine many other departments allowing them to focus on their specific department needs. He indicated that the position could also address the issue of tree preservation. Councilmember Motin submitted a memo expressing his concerns relating to this issue. Mayor Klinzing reviewed Councilmerrlber Morro's concerns. Councilmember Motin's memo indicated that he does not believe that the time is right for adding this position. He states that he would prefer to wait until the building expansion is completed. Mayor Klinzing stated that she concurs with Councilmernber Motin. She stated that the position will cost about $100,000 and feels it should be a planned budget item. Mayor Fdinzing indicated that the city hall project needs to be complgted prior to hiring the position. Mayor Klinzing indicated that the Council could consider the position during the 2003 budgeting process with the understanding that it may no{ happen in 2003. She indicated that she would prefer to see more background in natural sciences be a minimum qualification of the position. Councilmember Tveite stated that the !management part of the job description should be addressed by increasing the amount oS experience required. Councilmember Tveite stated that he also thought it may be too early to hire at this time. City Council Minutes April 22, 2002 Page 8 Commissioner John Kuester stated thgt people who move to Elk River have expectations relating to a Park and Recreation Dep~irtment. Commissioner Kuester indicated that he felt the existing system works because of ~xtra demands being placed on existing staff. He questioned how long the C~ty could keep operating this way and still stay ahead of the demand curve. He further indicated c6ntinuity and planning are the missing links in Park and Recreation issues. The Commission discussed the need for revenue for the department, which could offset the budget issues. The Commission felt tt~at a director could implement programs that would bring in revenue· Councilmember Kuester discusSed th~ need to continue improving the City's working relationship with the youth associatio? and that a Director should help in this regard. Councilmember Dietz stated that this is an important issue and that the Council needs to discuss and decide the priority for the !p<)sition. Councilmember Dietz stated that he feels this is a top priority issue. · City Administrator Pat Klaers indicatqd that a Park and Recreation Director would be beneficial for the entire organization. Councilmember Kuester suggested haV~ng gtudelines for use of park dedication money and recreation fees. 2. Regulation of Off Road Ve~cles Michele McPherson indicated that th~Park and Recreation Commission would Like to establish general parameters that will become the foundation of a revised snowmobile ordinance and trail map. Councilmember Tveite suggested ma~g a uniform plan for snowmobiles and ATVs. Mayor IClinzing suggested keeping th~ moratorium intact. Commissioner Dave Anderson suggested a more meandering line, poCting major roads, and protecting the urban core. Michele McPherson indicated that staff would draft an ordinance for Council consideration· Councilmember Dietz suggesting informing snowmobilers and ATV owners of the meeting date when the ordinance will be considered. It was the consensus of the Commission and Council that there be no through - Ci~ snowmobile corridor. 3. YMCA Mayor Klinzing updated the Park Coq~nission on the progress of the YMCA. She indicated that the partnership with the City and YMCA is still intact and that more people are becoming involved in the process. Ma3r0r I(dinzing indicated that there are two pieces of property available for the facility but fi'o decision on the location has been made yet. It was noted that the Park Commissionl would like to look at the property being considered if it is park property. Commissioner John Kuester questioned the YMCA site that is a desirable park location. He indicated that it would be helpful if the Park and Recreation Commission knew if they could be open to considering other sites. Mayor Klinzing City Council Minutes Page 9 April 22, 2002 indicated that no other sites are being COnsidered at this time. She stated that the marketing research was based on these two sites. Discussion held regarding progranu~g and how it would affect ex. isting dty programming. Mayor IGinzing indicated that there w~Uld be no duplication of programming. o ° It was noted that the YMCA affects the Park and Recreation Commission in areas relating to revenue, programming, and land use The Commission would like to be more involved in the entire process because of the tie itl Of these issues. Mayor Klinzing suggested inviting theiYMcA to a Park and Recreation Commission meeting to make a presentation. The COmmission concurred that this would be a good idea. Mayor Klinzing thanked the CommissiOn members for their discussion and input on the issues discussed. Other Business There was no other business. Staff Updates Board of Review The City Clerk reminded the Council ~f the Board of Review meeting on April 29, 2002, at 6:00 pm at Sherburne County Govem~nent Center. 9.2° Volunteer Appreciation Program The City Clerk reminded the Council 9~ the Volunteer Appreciation Program to be held on April 25, 2002, at Riverwood ConferenCe Center. 10. Adjournment Ther~ being no further business, May~~ Klmzing adjourned the meeting of the ELk River City Council at 9:45 p.m. Sandra Peine City Clerk