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04-09-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 9, 2001 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, Director of Planning Michele McPherson, City Engineer Terry Maurer, Building and Zoning Administrator Steve Rohlf, Fire Chief Bruce West, Recording Secretary Tina Allard, and Building Official Cliff Skogstad Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:35 p.m. by Mayor Kiinzing. Consider 4/9/2001 A.qenda Councilmember Tveite added discussion regarding the townhome ordinance. Fire Chief Bruce West added an update on spring flood issues. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNClLMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent A.qenda Councilmember Motin questioned item 3.3., and inquired why the city hall roof has leaks. Building Official Cliff Skogstad stated that with a flat roof design a building would tend to have more leaks and that we plan to locate and fix the leaks later this spring. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3,2. 3.3. 3.4. 3.5. 3.6. 3/26/01 CITY COUNCIL MINUTES - APPROVED 4/2/01 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED REQUEST TO TEST CITY HALL INDOOR AIR QUALITY - APPROVED RESOLUTION 01-20 IN SUPPORT OF LEGISLATION REDUCING THE CLASS RATE ON PERSONAL PROPERTY FOR GENERATION EQUIPMENT AND REPLACING THE SAME WITH TRUST FUNDS - APPROVED REQUEST TO PURCHASE A SKIDOO SCANDIC AT A COST OF $6,800 TO BE PAID WITH A $2,500 CONTRIBUTION FROM THE ELK RIVER NORDIC SKI CLUB AND THE REMAINDER FROM THE CAPITAL OUTLAY RESERVE FUND - APPROVED REQUEST BY ELK RIVER LIONS CLUB FOR SHELTER EXPANSION AT LIONS PARK, POSTPONED TO APRIL 23, 2001- APPROVED REQUEST BY S & Z ENTERPRISES FOR REZONING FROM R1C TO PUD, POSTPONED TO MAY 21, 2001 - APPROVED City Council Minutes Page 2 April 9, 2001 3.8. REQUEST BY S & Z ENTERPRISES FOR PRELIMINARY PLAT (WEST OAKS) FOR 178 TOWNHOUSE UNITS, POSTPONED TO MAY 21,2001- APPROVED 3.9. REQUEST BY S & Z ENTERPRISES FOR CONDITIONAL PERMIT FOR SITE PLAN OF TOWNHOUSE DEVELOPMENT, POSTPONED TO MAY 21, 2001- APPROVED COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike Ron Halpaus, 19563 Lander Street - Submiffred a photo and a portion of a leffrer sent to Windsor Development. Mr. Halpaus commented that the picture displays water pooled on his property that is a result of grade changes made by the developer on the adjacent property. City Administrator Pat Klaers stated that the situation would be reviewed and Mr. Halpaus would be kept up to date. 5.1. Update on Status of Construction Projects City Engineer Terry Maurer reviewed his 4/3/01 project memo and informed Council of the status of construction projects in Elk River, Sherburne County, with the Utilities, with private development, and MnDot sponsored projects. Mr. Maurer stated that Council took formal action in 1996 indicating they would be willing to sell a portion of land in Hillside Park to Sherburne County. Later discussion took place about changing this decision and granting the County an easement but no formal action took place. Mr. Maurer stated that the County needs to know whether the Council would like to sell this property or grant an easement across the park for driveway purposes. He stated that the Park and Recreation Commission would prefer to grant the easement. Kathy Heaney, Sherburne County Attorney - Stated that the County made promises to landowners that they would own their driveway equal to what they have currently. She stated that the County would be responsible for building a new driveway for the property owners that would match or lessen the grade of the current driveway. Tom Forsythe, Property Owner - Stated that there have been no negotiations regarding the purchase or condemnation of their land. He stated that the property owners in the area would like an improved access designed to current standards and they were concerned with maintenance costs and safety of the new driveway. Carl Shaw, 10956 181st Avenue - Stated that he is concerned about the grade of the future driveway. He would like all property owners to have an independent driveway. He would like to know who would be responsible for maintenance of the driveway. He mentioned a concern regarding the liability of the easement. MAYOR KLINZING MOVED TO RESCIND COUNCIL'S 1996 ACTION TO SELL THE HILLSIDE PARK PROPERTY TO THE COUNTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 3 April 9, 2001 COUNCILMEMBER TVEITE MOVED TO GRANT AN EASEMENT TO BE NEGOTIATED WITH THE COUNTY AND PROPERTY OWNERS FOR A PRIVATE DRIVEWAY ACCESS UPON CITY ENGINEER APPROVAL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council advised the neighbors that this is a County project and the City is giving an easement in order to help with the existing situation. Council took a 5-minute recess. City Engineer Terry Maurer continued with the update on construction projects. Mr. Maurer stated that the Ridges of Rice Lake development would be locating on 221st Avenue. Mr. Maurer stated that the gravel companies had previously paved a portion of 221st Avenue. He stated that the developer has agreed to pay an amount equal to the costs for paving 221st Avenue up to the entrance to their development from County Road 1 and the city would be responsible for the rest of the project. Mr. Maurer stated that to begin an assessment project for this improvement, the City would need to have a feasibility study done. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 01-21 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE 221sT AVENUE PAVING IMPROVEMENT OF 2001. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. 5.2.A 5.2.B ROW Ordinance, Gas Line Hits and Chan.qes to the Permit Process Consider ROW Requlations & Policies Consider Ordinance Amendment to Section 1200 of the City Code Relatin.q to Use of Public ROW Building and Zoning Administrator Steve Rohlf discussed the proposed changes to the Right of Way ordinance and the permitting process. Mr. Rohlf stated that the reason for these changes were due to gas line hits, procedure not being followed, and mislocates. Director of Planning Michele McPherson reviewed the ordinance. Councilmember Dietz questioned whether the fee structure would offset the costs of operating this new permitting and inspection process. He asked where the revenues would be deposited. Mr. Rohlf stated that the revenue and expenses would go into and out of the General Fund. Mohan Samlal, Charter Communications - Questioned whether Charter Communications would be defined as a utility contractor. He stated that Chaffer Communications pays a franchise fee to the city and should be excluded from paying any of the permitting fees. Mr. Rohlf stated that the franchise fee agreement is a totally separate issue from the right of way ordinance and the permi~ing/inspection process. Lee Norton, Northstar Access - Stated that he felt the fee for a quarter/quarter section is too restrictive and doesn't align with the layout of the city. He stated that private property easements were between the contractor and the property City Council Minutes Page 4 April 9, 2001 owner and shouldn't involve the City. He stated that he was concerned for the smaller company who wouldn't do as many jobs and couldn't afford the $1,000 fee. Councilmember Motin stated that there should be a clause in the resolution that states the company has the option of paying the yearly $1,000 fee or $45 fee for each hook-up. Contractor, Northstar Access - Stated that he was concerned with the 180 day permit expiration date. Mr. Rohlf stated that the inspector could give an extension up to one year on the permit but the contractor should be done with a job within one construction season. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE 01-04 OF THE CITY OF ELK RIVER AMENDING SECTION 1200 OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 01-22 FOR THE CITY OF ELK RIVER ADOPTING FEE FOR UTILITY HOOK-UP PERMITS FOR 2001. COUNCILMEMBER TVEITE SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION BY ADDING THAT THE CONTRACTOR HAD THE OPTION OF PAYING THE $1,000 ANNUAL FEE FOR PROJECTS IN THE CITY OR PAY THE $45 FEE FOR EACH PROJECT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE AMENDMENT CARRIED 5-0. THE MOTION AS AMENDED CARRIED 5-0. 5.2.c Authorization to Hire Part Time Facility Inspector Bruce West explained that there were over 40 gas line hits in Elk River last year and there is a need to hire a part-time facility inspector to make sure proper procedures are being followed at job sites. Councilmember Dietz questioned which department this employee would work for and where this person would be officed. Chief West stated that the employee would be under his direction and, as necessary, office out of the fire hall and also that funds would come out of revenue from the permiffing process. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE THE HIRING OF A PART TIME FACILITY INSPECTOR. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Consider Community Recreation Joint Powers A.qreement City Administrator Pat Klaers stated that the joint powers agreement was finalized and needed to be considered by Council. Mr. Klaers noted that the school district would no longer be the fiscal agent and would not be responsible for providing supervision for Community Recreation. City Council Minutes Page 5 April 9, 2001 Councilmember Matin stated that withdrawal terms had been changed. He stated that a community could give six months notice to be released from the agreement but that they had to give the notice between June 30 and October 1. He stated that if notice were given after October 1 then the withdrawal would occur on the last day of the calendar year. COUNCILMEMBE MOTIN MOVED TO APPROVE THE JOINT POWERS AGREEMENT. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider FIRE Act Grant Resolution Fire Chief Bruce West stated that the Fire Department would like approval to enter in a grant agreement with FEMA to improve fire training and education. Chief West stated that as part of the grant agreement there is a requirement that the city contribute a 10% match of the total amount of the grant request, so Elk River would be expected to make a cash match of $12,000. Funding would come from the Council Contingency Fund. COUNClLMEMBER TVEITE MOVED TO APPROVE RESOLUTION 01-23 FOR THE CITY OF ELK RIVER AUTHORIZING EXECUTION OF GRANT AGREEMENT. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Consider Fire Truck Bids Fire Chief Bruce West stated that the Fire Department Truck Committee advertised for and received three bids for a new pumper fire apparatus. Chief West stated that after reviewing the bids the committee would like the City Council to reject all bids. Mayor Klinzing questioned how the fire department planned to get a new pumper fire apparatus if all the bids were rejected. Chief West stated that the fire department would go out for bids again with revamped bid specifications. COUNClLMEMBER KUESTER MOVED TO REJECT ALL BIDS RECEIVED ON JANUARY 26, 2001 FOR A NEW PUMPER FIRE APPARATUS. COUNClLMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNClLMEMBER DIETZ ABSTAINED. 5.6. Consider Play.qround Equipment Bid Director of Planning Michele McPherson stated that the Street/Park Department received only one bid for playground equipment from Earl F. Anderson Inc. COUNClLMEMBER DIETZ MOVED TO APPROVE THE BID FROM EARL F. ANDERSON, INC. IN THE AMOUNT OF $39,396.72 FOR RIVERPLACE PARK AND $18,416.10 FOR BARRINGTON PARK. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Consider Increasin.q Part Time Buildin.q and Zoninq Secretary to Full Time and Reclassify the Position Building and Zoning Administrator Steve Rohlf stated that there was a 50% increase in valuation of construction in Elk River over the previous year and 2001 would be even busier. He stated that due to the workload demand he would like City Council Minutes Page 6 April 9, 2001 to increase the part time Building and Zoning Secretary/Receptionist position to full time. Mr. Rohlf stated that this position should also be reclassified as a Building Permit Technician because the employee would have the same job duties as the current full time Building Permit Technician. COUNCILMEMBER MOTIN MOVED TO RECLASSIFY THE BUILDING SECRETARY/RECEPTIONIST POSITION AS A BUILDING PERMIT TECHNICIAN, MOVE TO PAY GRADE 7, STEP A AND THAT THIS POSITION GO FROM PART TIME TO FULL TIME. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. 6.1. 6.2. Consider Landfill Abatement Funds for Boys & Girls Club Recyclin.q Coordinator Building and Zoning Administrator Steve Rohlf stated that John Fitzgerald of the Boys and Girls Club is requesting landfill abatement funds from the city to assist with their environmental staff person position. He stated that the city would request this position to move from three quarter time to full time and that ten hours of that time be used for city waste abatement and recycling projects. Mr. Rohlf stated that recycling education is a legal and appropriate use of landfill abatement funds. COUNCILMEMBER DIETZ MOVED TO USE LANDFILL ABATEMENT FUNDS OF $28,500 TO FUND THE BOYS AND GIRLS CLUB ENVIRONMENTAL STAFF POSITION AND THAT THIS PERSON WORK 10 HOURS A WEEK ON CITY REQUESTED PROJECTS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Townhome Ordinance Discussion Councilmember Tveite stated that he would like the Planning Commission to review the Townhome Ordinance. He stated that he was concerned with the density within these projects and the amount of townhome development requests being received. Councilmember Tveite stated that the Planning Department needs to be able to take a more proactive approach rather than reactive. Mayor Klinzing concurred. City Administrator Pat Klaers stated that the townhome developments brought to the city are being built under the PUD zoning ordinance and not under the townhome requirements. Mr. Klaers stated that the Council has great discretion in PUD zoning requests. Mr. Klaers suggested a townhome moratorium until the townhome ordinance is updated. The Council stated that they would like to consider placing a moratorium on townhome development and directed staff to follow proper procedures to create this moratorium. Update on Floodinq Fire Chief Bruce West updated the Council on the current flood and cresting status of the Elk River and the Mississippi River. City Council Minutes Page 7 April 9, 2001 7. Staff Updates The City Administrator noted that items 3.3. and 5.7. would come from Council Contingency Funds. 8. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:30 p.m. Tina Allard Recording Secretary