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03-17-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 17, 2003 Members Present: Members Absent: Staff Present: Also Present: Vice Mayor Kuester, Councilmembers Dietz, Motin, and Tveite Mayor Klinzing City Administrator Pat Klaers, Director of Planning Michele McPherson, Recreation Manager Michele Bergh, Building and Environmental Administrator Steve Rohlf, City Engineer Terry Maurer, and Recording Secretary Tina Allard Park and Recreation Commissioners Arthur Jackett and Dave Anderson, and Planning Commissioner Peter Lemke 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 Vice Mayor Kuester. Consider 3 / 17/2003 Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.5. GENERAL PLANNING PERMIT TO PLANT PLACE FOR A TEMPORARY GREENHOUSE AND GARDEN CENTER IN THE COBORN'S PARKING LOT GENERAL PLANNING PERMIT TO WAL-MART FOR A TEMPORARY GREENHOUSE AND GARDEN CENTER IN THE WAL-MART PARKING LOT MASSAGE THERAPIST LICENSE TO MICHELLE TOMCZIK TO PRACTICE THERAPEUTIC MASSAGE AT SIMONSON'S SALON REQUEST BY CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT, AMENDING CHAPTER 30, "LAND DEVELOPMENT REGULATIONS," TO ESTABLISH A DOWNTOWN DEVELOPMENT DISTRICT AND STANDARDS, PUBLIC HEARING - CASE NO. OA 03- 01 - POSTPONED TO 4/21/03 REQUEST BY NATE/DEBBIE HILDENBRAND (DOUG HIPSAG PROPERTY) FOR AN ADMINISTRATIVE SUBDIVISION, PUBLIC HEARING - CASE NO. AS 03-01 - POSTPONED TO 4/21/03 City Council Minutes March 17, 2003 ............................. 3.6. 3.7. Page 2 REQUEST BY SCHMIDT GRAVEL MINING FOR ZONE CHANGE TO MINERAL EXCAVATION OVERLAY, PUBLIC HEARING - CASE NO. ZC 03-01 - POSTPONED TO 5/19/03 REQUEST BY SCHMIDT GRAVEL MINING FOR CONDITIONAL USE PERMIT FOR MINERAL EXTRACTION, PUBLIC HEARING - CASE NO. CU 03-02 - POSTPONED TO 5/19/03 COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Park & Recreation Update · Park & Recreation Commission COUNCILMEMBER TVEITE MOVED TO APPOINT ARTHUR JACKETT TO THE ICE ARENA COMMISSION AS THE PARK AND RECREATION COMMISSION REPRESENTATIVE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. · Recreation Department Recreation Manager Michele Bergh gave an update on Recreation programming such as the ice rinks, Instructor Training and Certification, the Lions Park Center, and the summer brochure. Ms. Bergh presented information on group rates for recreation programs. She stated that an Elk River organization was interested in sending a group on an outing planned by City Recreation. The group questioned whether they could get a group rate and also had some issues with some members in the group being non-residents. Ms. Bergh stated that they allowed the group to register at resident rates. She stated that this helped save on administrative and staff costs for the Recreation Department. Councilmember Dietz stated that he was concerned about non-residents only paying the resident rate. He questioned what the trade off was for the city and what the ratio is of non-residents to residents. Councilmember Tveite stated that he is concerned with an organization filling up the registration of a class and would like a limit set on the number of participants allowed from an organization. COUNCILMEMBER MOTIN MOVED TO ALLOW ORGANIZATIONS WITH AN ELK RIVER ADDRESS TO SIGN UP A GROUP OF PARTICIPANTS FOR A PROGRAM AND TO RECEIVE THE RESIDENT RATE ON A TRIAL BASIS TO BE REVIEWED IN ONE YEAR WITH THE FOLLOWING CONDITIONS: 1. A MINIMUM OF TEN REGISTRATIONS WOULD BE REQUIRED TO QUALIFY. City Council Minutes Page 3 March 17, 2003 ............................. 2. FOR ALL YOUTH PROGRAMS ONE CHAPERONE, PAID FOR BY THE ORGANIZATION, MUST BE PROVIDED FOR EVERY TEN PARTICIPANTS. ORGANIZATIONS MUST CALL IN ADVANCE AND RESERVE THE NUMBER OF SPOTS THEY WOULD LIKE (BASED ON AVAILABILITY). 4. THE ORGANIZATION WOULD TAKE REGISTRATIONS AND PAYMENTS. AT LEAST ONE WEEK PRIOR TO THE EVENT PAYMENT WOULD BE DUE AT THE RECREATION OFFICE WITH A ROSTER OF PARTICIPANTS. COUCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.2. Consider Proposal for Inputting City Record Drawings into GIS Map City Administrator Pat Klaers stated that the GIS map is complete and that the city has looked at different options for inputting the city's record drawings into the GIS system. He stated that the best option to complete this task was for interns from Howard R. Green Company to complete this work. The total cost of the project would be $15,000 with $6,000 being paid for by Elk River Municipal Utilities. He stated that in the future developers would have to provide plat information in a GIS acceptable format. COUNCILMEMBER TVEITE MOVED TO APPROVE THE GIS PROPOSAL AS OUTLINED IN THE STAFF MEMO AND THE SPENDING OF $9,000 FROM THE CITY ENGINEER GENERAL FUND BUDGET FOR INPUTTING THE CITY'S RECORD DRAWINGS INTO THE GIS SYSTEM. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.3. Request for Landfill Abatement Funds by the Boys & Girls Club Building and Environmental Administrator Steve Rohlf stated that the Boys & Girls Club is requesting $36,500 from the city to help fund their recycling and environmental education program. He provided the Council with an accounting of how the funds were spent the previous year. Councilmember Dietz stated that he is concerned about the environmental education programming not meeting the requirements of the landfill abatement. He is concerned that the city is paying for a staff person for the Boys & Girls Club. COUNCILMEMBER MOTIN MOVED TO AWARD THE BOYS & GIRLS CLUB OF ELK RIVER A GRANT IN THE AMOUNT OF $36,500 WITH FUNDS TO COME FROM LANDFILL ABATEMENT AND TO BE USED FOR PURPOSES OF LANDFILL ABATEMENT EDUCATION WITH THE FOLLOWING CONDITIONS: City Council Minutes Page 4 March 17, 2003 ............................. 1. THE BOYS & GIRLS CLUB PROVIDE A COMPLETE ACCOUNTING OF HOW THE GRANT MONIES WERE USED IN 2003 ON OR BEFORE JANUARY 31, 2004 ANY MONEY NOT USED FOR THE PURPOSE OF LANDFILL ABATEMENT EDUCATION BE PAID BACK TO THE CITY ON OR BEFORE JANUARY 31, 2004 COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Dietz abstained. 4.4. NCDA Update Director of Planner Michele McPherson updated the Council on the March 6, 2003 NCDA meeting. She stated that Representatives Oberstar and Kennedy are working on obtaining federal funding for commuter rail. Mr. ICJaers stated that this item is scheduled to go before the State Senate Transportation Committee on March 20, 2003. 4.5. YMCA Update City Administrator Pat Klaers provided Council with an update of the March 13, 2003 YMCA Committee meeting. He stated that the YMCA is continuing to provide programming and is working with City Recreation in this regard. He stated that the YMCA is still interested in pursuing one of the two locations available through the city. The YMCA is beginning to organize a fundraising committee. 5. Open Mike No one appeared for Open Mike. 6.1. Consider Environmental Assessment Worksheet for Schmidt Gravel Mining Building and Environmental Administrator Steve Rohlf stated that the applicant voluntarily completed an Environmental Assessment Worksheet. Mr. Rohlf stated that based on comments from the DNR, staff, and the Planning Commission, an Environmental Impact Statement is not necessary. He stated that the Blandings Turtle guidelines submitted by the DNR would be addressed as a condition in the Conditional Use Permit, which will come before the Council at a later date. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-14 REGARDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE SCHMIDT GRAVEL MINE PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Request by Centex Homes for Final Plat Approval ,(Elk River Station), Case No. P 01-05 Staff report submitted by Senior Planner Scott Harlicker. Director of Planning Michele McPherson presenting. Ms. McPherson stated that Elk River Station LLC is requesting final plat approval of the first phase of Elk River Station. She discussed the location of the City Council Minutes Page 5 March 17, 2003 ............................. property, zoning, grading, drainage, utilities, and the Park and Recreation Commissions recommendation for park dedication fees. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-15 GRANTING FINAL PLAT APPROVAL FOR ELK RIVER STATION CASE NO. P 02-P01-05 WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. o A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF 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 A ONE YEAR PERIOD. ° 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. ° SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 10. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. City Council Minutes Page 6 March 17, 2003 ............................. 13. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. A LANDSCAPE PLAN BE SUBMITTED FOR STAFF REVIEW AND APPROVAL. 15. PARK DEDICATION FEES BE PAID AND AN EASEMENT FOR A PEDESTRIAN CONNECTTION ALONG THE RAILROAD TRACKS BE GRANTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 17. A HOMOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 18. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. 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. 20. THE NORTH ACCESS ON THE EAST SIDE OF TWIN LAKES ROAD SHALL BE RIGHT -IN RIGHT-OUT ONLY. 21. ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY NOTIFIED. 22. THE AREA ADJACENT TO THE WETLAND SHALL BE KEPT NATURAL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Request by the Ci~ of Elk River for an Ordinance Amendment, Amending Chapter 30 ,(Land Development Regulations) Article V "Subdivisions" to Establish a Lot Split Procedure and a Simple Plat Procedure, Public Hearing - Case No. OA 03-02 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson discussed an ordinance amendment to establish a lot split procedure and to require that Administrative Subdivisions be submitted and processed as simple plats. She stated that the reason for changing these procedures is to make the process simpler to understand and less time consuming for the applicant. She stated that there would not be a need for lengthy legal descriptions and multiple documents to be recorded, which will help cut down costs for the applicant. City Council Minutes March 17, 2003 ............................. Page 7 Vice Mayor Kuester opened the public hearing. There being no one to speak to this issue, Vice Mayor Kuester closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 03-06 AMENDING SECTIONS 30-378 TO 30-390 OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Consider Resolution Approving a State of Minnesota Agency Agreement Between Department of Transportation and City of Elk River for Federal Participation in Construction City Engineer Terry Maurer stated that Mn/DOT would like the city to re-sign an agreement that allows Mn/DOT to act on the city's behalf for using federal money on transportation projects. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-16 APPROVING A STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF ELK RIVER FOR FEDERAL PARTICIPATION IN CONSTRUCTION. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Other Business There was no Other Business. 8. Staff Updates City Administrator Pat ICAaers updated the Council about the sudden death and the funeral arrangements for Reserve Officer Andrew Zackman who died in a car accident. Vice Mayor Kuester stated that the Open Space Planning Workshop has been cancelled due to illness of the speaker. 9. Adjournment There being no further business, Vice Mayor Kuester adjourned the meeting of the Elk River City Council at 7:30 p.m. Tina Allard Recording Secretary