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
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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