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02-18-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 18, 2003 Members Present: Members Absent: Staff Present: Also Present: Mayor I4Jinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, Finance Director Lori Johnson, Director of Planning Michele McPherson, Street and Park Superintendent Phil Hals, Director of Economic Development Catherine Mehelich, City Attorney Peter Beck, and City Clerk Sandra Peine Planning Commissioner Leo Offerman Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. Consider 2/18/2003 Agenda COUNCILMEMBER KUESTER MOVED TO APPROVE THE AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda Councilmember Motin requested the following revision to the language on page 3 of the 2/10/03 Council Minutes: Delete - "Councilmember Motin indicated that the project would eventually happen and it would cost more in the future than now." Add new language - "Councilmember Motin indicated that he wouldn't mind delaying the project but that the project would eventually happen and those residents whose septic systems have failed prior to the project being done would end up paying to repair their existing system and again for the new project." Councilmember Dietz indicated that he received a call from a representative of Ziegler concerning the bids on the CAT front-end loader. Councilmember Dietz requested Phil Hals to go over the difference between the Case equipment and the CAT equipment. Phil Hals explained how the equipment was rated by staff. Councilmember Dietz stated that the Street/Park Superintendent went through an extensive evaluation prior to recommending the Case equipment and concurred with his recommendation. City Council Minutes February 18, 2003 ............................. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA WITH THE AMENDMENT TO THE 2/10/03 CITY COUNCIL MINUTES AS FOLLOWS: Page 2 3.1. 3.3. 2/10/2003 CITY COUNCIL MINUTES AUTHORIZATION TO PURCHASE A CASE 721D LOADER FROM ST. JOSEPH EQUIPMENT COMPANY FOR $123,680.58 AND A STROBE LIGHT SYSTEM AND TWO-WAY RADIO FOR $3,200. AUTHORIZE LIQUOR LIABILITY AND PROPERTY INSURANCE COVERAGE WITH THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST EFFECTIVE APRIL 1, 2003. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Park and Recreation Commission Update Director of Planning Michele McPherson provided an update on the February 12, 2003, Park and Recreation Commission meeting. She noted that there were three main topics of discussion. Neighborhood Meeting with Hillside Estates Residents. Park concerns were discussed with the residents. It was the consensus of those present to form a committee of to work with staff to develop a new plan for Highlands East and West parks for approval by the Park and Recreation Commission and City Council. Proposed 2003 Capital Improvements Budget for Park Development. Ms. McPherson noted that expenditures in the amount of $200,070 for the 3002 CIP budget have been identified. Ms. McPherson reviewed the proposed expenditures. Names for Unnamed Parks. - Ms. McPherson noted that eight parks have been or will be added to the park system. She indicated that the Park and Recreation Commission voted to recommend names for the parks. Ms. McPherson reviewed the names that were recommended. COUNCILMEMBER DIETZ MOVED TO APPROVE THE 2003 CIP PARK EXPENDITURES AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TVEITE MOVED TO APPROVE PARK NAMES AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. GIS Proposal Pat I~aers requested that this item be continued and brought back at a later date to allow staff time to review the issue with the Municipal Utilities. City Council Minutes February 18, 2003 ............................. 4.3. Request Authorization to Advertise for Bids for a Telephone System Page 3 Finance Director Lori Johnson indicated that as part of the public safety and city hall building projects, staff has been evaluating new telephone systems. She indicated that the cost of a new phone system is included in the building project budget. She requested authorization to request bids for a telephone system. Councilmember Dietz indicated that the Elk River Municipal Utilities is considering an upgrade to their phone system. Councilmember Dietz indicated that he has recommended that Utilities bid their phone system with City Hall so that the same phone system is used by both the Utilities and the City. He indicated that Utilities have postponed their decision for one month. Councilmember Dietz requested Lori Johnson and Bob Pearson to discuss the issue at the next Utilities Commission meeting. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE STAFF TO REQUEST BIDS FOR A TELEPHONE SYSTEM FOR THE PUBLIC SAFETY FACILITY, CITY HALL AND OFFSITE LOCATIONS CONNECTED TO THE MAIN TELEPHONE SYSTEM. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. Board/Commission Interviews City Clerk Sandra Peine indicated that all board and commission applicants have been contacted for Council interviews to be held this evening. She indicated that appointments to the boards and commissions are scheduled for the February 24m Council meeting. The Council interviewed the board and commission applicants. Planning Commission · Peter Lemke - Existing Planning Commission Member - Present · Mark Pederson - Existing Planning Commission Member - Present · Ronald Touchette - New Applicant - Present Park and Recreation Commission · Dave Anderson - Existing Park and Recreation Commission Member - Present · Becky Wozney - New Applicant - could not attend interview - Not Present · Kevin Scott - New Applicant - Present · Paul Paige - New Applicant - Present · Ronald Touchette - New Applicant - Present Ice Arena Commission · Ronald Johnson - Existing Ice Arena Commission Member - Not Present Libra~ Board · Ann Schroeder - New Applicant - could not attend interview - Not Present · Wendy Borrett - New Applicant - could not attend interview - Not Present City Council Minutes February 18, 2003 ............................. E. Utilities Commission · Jerome Takle - New Applicant - Present · Mark Peterson - New Applicant - Present · Ronald Touchette - New Applicant - Present Page 4 Councilmember Dietz stated that Mark Peterson's employment with Great River Energy could be a conflict of interest because they are a supplier of electricity to the City. City Attorney Peter Beck noted that according to the City's ordinance, Mr. Peterson's employment would be considered a conflict of interest and therefore he should not be considered for appointment to the Utilities Commission. Mayor Klinzing suggested that the City's conflict of interest standards be added to the application for boards and commissions. The Council recessed at 7:50 p.m. and reconvened at 8:00 p.m. 4.6. Consider Minnesota Investment Fund Grant Application for Sportech Expansion Director of Economic Development Catherine Mehelich indicated that Sportech is considering an expansion project, which includes $750,000 for a 20,000 square foot light industrial facility to house a screen-printing operation, and $250,000 for the purchase of equipment necessary for the manufacturing and screen-printing operation. There is however, a gap in the amount of financing needed and the amount available from the lender. Catherine explained that staff and Sportech are considering the possibility of using Minnesota Department of Trade & Economic Development MN Investment Fund as a financing source to close the financing gap. She explained that the City could apply for up to $200,000 in federal grant dollars, which the City would then provide a loan in the same amount to the company toward equipment financing. She stated that as the loan is paid back to the City over a period of 7 to 10 years, the City is able to retain the full $200,000 to be used as a revolving loan fund for economic development purposes. Chris Carlson, CEO of Sportech, Inc. was present. He spoke about his business and the expansion. Councilmember Motin disclosed that although he has done legal work for Chris, he does not consider it a conflict of interest. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE STAFF TO PROCEED WITH AN APPLICATION TO THE DTED MN INVESTMENT FUND GRANT IN THE AMOUNT OF $200,000 TO ASSIST WITH A LOAN FOR THE SPORTECH, INC. BUSINESS EXPANSION PROJECT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Libra~ Cleaning Contract Street Park Superintendent Phil Hals informed the Council that staff is recommending terminating cleaning services at the Library provided by Options, Inc. He recommended that the Library cleaning be contracted with Toni Karpe, who provides the cleaning services for City Hall and Lions Park Center. City Council Minutes February 18, 2003 ............................. Page 5 6.1. 6.2. COUNCILMEMBER DIETZ MOVED TO TERMINATE THE SERVICES OF OPTIONS, INC. FOR CLEANING SERVICES AT THE LIBRARY AND CONTRACT WITH TONI KARPE TO CLEAN THE LIBRARY ON A TWO- MONTH TRIAL PERIOD. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike No one appeared for Open Mike. Request by Janeth Harpster (Absolutely Yours) for a Conditional Use Permit/Home Occupation ,(Beauty Salon), Public Hearing - Case No. CU 03-01 Director of Planning Michele McPherson indicated that Janeth Harpster is requesting a conditional use permit for a home occupation to operate a beauty salon from her home located at 20895 Hoover Street NW. She presented the staff report and noted that the Planning Commission unanimously recommended approval of the request. Mayor I~inzing opened the public hearing. There being no one for or against the matter, Mayor I~inzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE REQUEST BY JANETH HARPSTER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BEAUTY SALON) AT 20895 HOOVER STREET NW, WITH THE FOLLOWING CONDITIONS: THE SALON SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. IF ADDITONAL WORKSTATIONS OR EQUIPMENT ARE TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. THE APPLICANT SHALL SIGN THE SEPTIC IMPACT AGREEMENT PRIOR TO BEING ISSUED THE CONDITIONAL USE PERMIT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Christian Builders, Inc. for Final Plat Approval ,(Elk Meadows), Case No. P 02- 17 Director of Planning Michele McPherson indicated that Christian Builders is requesting final plat approval of Elk Meadows plat located south of County Road 12 and west of I~iever Lake Fields. She noted that the proposed subdivision includes five lots, one of which is for an existing home. Michele reviewed the staff report. City Council Minutes February 18, 2003 ............................. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 03-11 GRANTING FINAL PLAT APPROVAL FOR ELK MEADOWS WITH THE FOLLOWING STIPULATIONS: Page 6 ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. o A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ° THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. ° THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. ° 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. o A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID FOR FOUR LOTS 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. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. 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 GRADING COMMENCING. City Council Minutes Page 7 February 18, 2003 ............................. 13. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES, CASH DEDICATION FOR FOUR LOTS TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. ALL MAILBOXES SHALL BE CLUSTERED. 15. THE EXISTING SHED ON LOT 3 SHALL BE REMOVED WITHIN 6 MONTHS OF THE RECORDING OF THIS PLAT. 6.3. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by the City of Elk River for Rezoning of Ron's Foods site from R4 Multi-Family, to C3 Highway Commercial, Case No. %C 02-08 Director of Planning Michele McPherson indicated that the Council is asked to consider a request to rezone property located at 321 Baldwin Avenue (Ron's Foods) from R4 Multiple Family to C3 Highway Commercial. She indicated that the Council tabled the request on November 18, 2002, and adopted a moratorium on December 16, 2002, prohibiting the processing of any land use applications within the moratorium area until the Planning Commission and Comprehensive Plan Task Force could review the area to determine its ultimate land use. Ms. McPherson indicated that the Planning Commission reviewed several development scenarios. The Planning Commission had concerns about future transportation impacts and the current state of the existing local street system. She noted that the Planning Commission recommended that the area be rezoned and guided for commercial redevelopment. Ms. McPherson indicated that the Comprehensive Plan Task Force recommended that there should be a focused area study of the area once the overall land use plan is approved. Ms. McPherson indicated that staff is recommending to rezone the site to C-3 Highway Commercial to bring it into compliance with the underlying land use. Mayor Kflinzing questioned whether the public hearing was still open. Ms. McPherson indicated that the Council closed the public hearing on November 18, 2002. It was the consensus of the Council that there will continue to be transportation and traffic issues in the area, but the area should be rezoned to C-3 Highway Commercial because the areas has been functioning as a commercial area for many years. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 03-004 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 02-08 COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Other Business City Council Minutes February 18, 2003 ............................. There was no other business. Page 8 7. Staff Updates The City Administrator informed the Council that the Chamber State of the City meeting has been set for Tuesday, March 18. COUNCILMEMBER MOTIN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL FOR MARCH 18, 2003, AT NOON, FOR THE CHAMBER OF COMMERCE STATE OF THE CITY ADDRESS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator provided an update on Governor's budget proposal. He noted that details are not available at this time but he will keep the Council informed. 8. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:55 p.m. Sandra Peine City Clerk