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09-10-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER I 0, 2001 Members Present: Members Absent: Staff Present: Mayor I~dinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, City Engineer Terry Maurer, Police Chief Tom Zerwas, City Clerk Sandra Peine, and Finance Director Lori Johnson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:45 p.m. by Mayor I~dinzing. Consider 6/11/2001 Agenda The follo~ving items were added to the agenda: 3.9a. Request for Massage Therapist License by Nicole BranNon to Practice at Simonson's Salon 4.8. Request to Advertise to Hire an Employee in the Economic Development Department 7. Update on the Settlement with the Deschene Property COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3olo 3.2. 3.3. 3°4o 3.5. 8/27/2001 CITY COUNCIL MINUTES -APPROVED CHECK REGISTER - APPROVED -- RESOLUTION 01-60 APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY 2002 TAX LEVY - APPROVED -- RESOLUTION 01-61 APPROVING THE 2002 TAX LEVY FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY - APPROVED -- ADJUSTMENTS TO DEBT SERVICE LEVY FOR TAXES PAYABLE IN 2002 - APPROVED REQUEST FOR A 5.65 SAC UNIT REDUCTION FOR TIMCO CONSTRUCTION (ALLINA) - APPROVED REQUEST TO REPLACE THE ROOF OF THE U.V. BUILDING AT THE WWTP FOR $5,900 - APPROVED City Council Minutes September 10, 2001 4.1. 4.2. 4,3. 3.6. 3.7. 3.8. 3.9. 3.9A. 3.10. Page 2 CONSIDER RESIGNATION OF MICHAEL HANGAARD FROM THE LIBRARY BOARD - APPROVED REQUEST FOR THERAPEUTIC MASSAGE LICENSE FOR LISA HUBER TO PRACTICE AT SIMONSON'S SALON AND DAY SPA- APPROVED REQUEST FOR THERAPEUTIC MASSAGE LICENSE FOR MARGO LEE TO PRACTICE AT SIMONSON'S SALON AND DAY SPA- APPROVED REQUEST FOR THERAPEUTIC MASSAGE LICENSE FOR ALISON KINDEM TO PRACTICE AT SIMONSON'S SALON AND DAY SPA - APPROVED REQUEST FOR THERAPEUTIC MASSAGE LICENSE FOR NICOLE BRANSON TO PRACTICE AT SIMONSON'S SALON AND DAY SPA - APPROVED REQUEST TO ACCEPT RESIGNATION OF ROBIN HARTFIEL IN THE BUILDING DEPARTMENT AND REQUEST TO ADVERTISE FOR HER REPLACEMENT - APPROVED COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Resolution Authorizing the Execution and Delive~ of a Joint Powers Agreement with the Hennepin County Housing and Redevelopment Authority. to Finance a Project for Opportunity. Partners City Administrator Pat I~aers explained that Opportunity Partners has been working with the Hennepin County Housing and Redevelopment Authority to refinance and prepay outstanding mortgage loans on its facilities. He noted that because two of the facilities are located in the City of Elk River, the City must hold a public hearing. The City Administrator stated that the City's bond counsel has reviewed the transaction and related documents. The City Administrator further stated that the re£mancing bonds will not affect the City's outstanding debt. Mayor Kdinzing opened the public hearing. There being no one for or against the matter, Mayor K2inzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-62 AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT WITH THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO FINANCE A PROJECT FOR OPPORTUNITY PARTNERS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Police K-9 Patrol Update Chief of Police Tom Zerwas informed the Council that the department's K-9, Billy, has been euthanized because of a cancerous tumor on his hip. Chief Zerwas indicated that Officer Brian Boos is currendy training to be the new K-9 Officer. Student Parking/Traffic Issues Update Chief Zerwas indicated that he met with Senior High Principal Jim Voight to discuss the use of Lion's Park as a student parking lot. Chief Zerwas indicated that as a result of the student City Council Minutes Page 3 September 10, 2001 parking lot expansion at the HAgh School there was no need for the students to park at Lion's Park. Chief Zerwas requested Council authorization to post signs at Lion's Park that state "No Student Parking on School Days." Mayor I43inzing questioned if this type of verbage would be a discrimination issue. Discussion was held whether it would be best to enforce a 3-hour parking limit, issue permits, or to use signage to keep the students from parking there during the school hours. Councilmember Tveite indicated that he was opposed to posting a 3-hour limit because it would send a wrong impression to the city's park users. The City Administrator requested that staff be allowed to get input from the City Attorney prior to the Council making a decision on this issue. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE THE CHIEF OF POLICE TO LIMIT PARKING TO THREE HOURS AT LION'S PARK FOR ONE MONTH. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. MAYOR KLINZING AND COUNCILMEMBER KUESTER VOTED NAY. Chief Zerwas discussed the traffic issues at the end of the school day. He noted that a CSO is directing students from the parking lots and that a police officer, when available, would be stationed to stop students who fail to obey the CSO. 4.4. Request for Funds by School District for Small Theater Dr. Allen Jenson and Principal Jim Voight addressed the Council regarding the little theater. Dr. Jenson that the proposal is being made as the School sees this as an opportunity to save this community space. He noted that the cost to save the theater is $563,000 and that costs to replace the theater are cited to be over $2 million. Dr. Jenson stated that the School wishes to provide the City with an Elk River Theater so that the City would have a facility to use on a furst priority basis. He stated that there would be no rent or charges for use of the small theater up until 11 p.m., however, there would be a charge for the use of the new large theater. Dr. Jenson indicated that there would be some use of the little theater from the high school but it would not be a priority. Discussion was held regarding scheduling of the theater. Dr. Jenson indicated that the school and the city could work out the details of scheduling. Councilmember Dietz discussed the limited timeframe to make the decision and funding options. Dr. Jenson apologized for the short amount of time in which to make this decision. As for the funding, he noted that he felt something could be worked out. Dr. Jenson stated that he is basically looking for a commitment from the Council at this time. Councilmember Dietz suggested that if the City pays for the theater, that the payment option include $55,000 per year for ten years. Councilmember Tveite indicated that $563,000 is a lot of money. He noted that he does not see any partnership in the effort from the school or the community or arts. Councilmember Tveite stated that if the City goes ahead with the project, he would be agreeable to 10-year payments. Councilmember Motin indicated his concern with the amount of money. He also questioned whether the small theater would be able to handle the demands of a groxving student and city population. City Council Nfinutes Page 4 September 10, 2001 The City Administrator questioned who would be responsible for the repair and maintenance of the small theater. Dr. Jenson indicated that the school would commit to maintenance, utilities, and custodial service costs for the small theater. Councilmember Kuester discussed the issue of the need for the small theater versus the large theater by both the community and the students. She indicated that the small theater would not completely meet the needs of the arts community. She further stated that she did not like the concept of the small theater being a "city theater" as it should be available for students during the day and the large theater should be available for the community groups during the evenings or when it is not in use by the students. Principal Voight indicated that he envisions this type of a partnership between the school and the city. He noted that the City participating in the small theater guarantees access to other facilities. Mayor Klinzing indicated that she sees this as an opportunity for the City to make an investment in the community. Councilmember Motin indicated that he would like to be assured that the theater would provide a benefit to the City. He stated he is in favor of partnering with the school district in this endeavor because both the students and the community will use the theater. Councilmember Dietz suggested that the Superintendent come back to the Council with funding options and agreement details. The City Administrator indicated that these issues could be discussed at the next Council meeting. 4.5. Approval of Special Legislation for On-Sale Liquor Licenses The City Clerk informed the Council that special legislation under Senate File #1752 was recendy adopted that increases the city's number of on-sale liquor licenses from 12 to 18. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-63 APPROVING SENATE FILE 1752; LEGISLATION ALLOWING THE CITY OF ELK RIVER TO ISSUE SIX ADDITIONAL ON-SALE LIQUOR LICENSES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Consider Scott Powell Request Regarding Funding for 171,t Avenue Traffic Signal Terry Maurer discussed the issue of the 171,t Avenue traffic signal including the city's and MnDOT's cost in relation to Scott Powell's cost for the signal. Terry discussed the city's past policy of paying for signals. He indicated that these issues have been reviewed on a cases-by-case basis. Councilmember Dietz indicated that it has always been past practice to charge the developer for signal lights. He stated that it would be fab to other developers to not charge Mr. Powell for the signal light as it is Mr. Powell who is requiring the signal. Mayor IC!inzing indicated that the issue to consider is whether the other properties served by the signal should participate in the cost. Councilmember Motin noted that this is a situation where Saxon and Napa get some ancillary benefit from the traffic light as it makes the intersection safer, but if the development were not going in, the City would not be closing down their entrance onto the City Council Minutes Page 5 September 10, 2001 highway. Councilmember Motin indicated that because the signal could be considered a City benefit it might be fair for the City to pick up a portion of Nh:. Powell's cost. Councilmember Kuester concurred with Councilmernber Mot_in. 4.7. 4.8. Councilmember Tveite stated that the businesses that require the stoplight should bear the burden. He further indicated that the City should work toward a fair and consistent policy. COUNCILMEMBER MOTIN MOVED THAT DUE TO THE SAFETY BENEFIT THE CITY IS RECEIVING FROM THE CLOSING OFF OF HIGHWAY 10 ACCESSES, THAT MR. POWELL BE RESPONSIBLE FOR 80 PERCENT OF THE COST OF THE SIGNAL LIGHT AND THAT THE CITY PICK UP THE REMAINING 20 PERCENT OF THE COST. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED. The Council instructed staff to look at a policy for funding traffic signals in the City. Consider Change Order to Add Paving of Jarvis Street to the 2001 Overlay Project Terry Maurer noted that the City received an offer from Bill Christian for the paving of Jarvis Street. He noted that Bill Christian is the homebuilder in the Rolling Hills Addition. Through negotiations Mr. Christian is proposing to contribute $30,000, the developer of Rolling Hills is willing to contribute $30,000, and the abutting property owners are willing to pay $30,000 to have the road paved. Mr. Christian will guarantee this payment from the homeowners. Terry Maurer recommended approving a change order to the 2001 Overlay project to add the paving of three-quarters of a mile stretch of Jarvis Street. COUNCILMEMBER KUESTER MOVED TO AUTHORIZE CHANGE ORDER #1 TO THE 2001 OVERLAY PROJECT, TO ADD THE PAVING OF THREE- QUARTERS OF A MILE OF JARVIS STREET TO THE PROJECT, CONTINGENT UPON A LETTER OF CREDIT OR SOME TYPE OF GUARANTEE FROM BILL CHRISTIAN FOR $60,000. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request to Advertise to Hire an Employee in the Economic Development Department Mayor Kflinzing noted that the Economic Development Authority has recommended that the Council authorize staff to advertise to hire an economic development staff position. She indicated that the EDA felt it was important to have someone hired prior to the Director's leave of absence and also felt the slow economy was a justification for putting forth more of an effort to attract businesses. Councilmember Motin indicated that the EDA recommended that the posidon be responsible for some of the HRA activities and be somewhat reduced from the previous Assistant Director of Economic Development's position. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE STAFF TO ADVERTISE FOR THE ECONOMIC DEVELOPMENT STAFF POSITION. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes September 10, 2001 5. Open Mike Page 6 Mr. John Thompson, 15383 County Road 30, representing the Board of Elk River Bike Park and BM2X conveyed his thanks and appredation to the City and Phil Hals and his department for the help they have given to the BM2X project. 6.1. Request by Simonson's Salon and Day Spa for Conditional Use Permit for Therapeutic Massage - CU 01-28 Request by Simonson's Salon and Day Spa for Massage Establishment License City Clerk Sandra Peine indicated that Simonson's Salon have requested a conditional use permit for a therapeutic massage establishment located at 19320 Highway 169. She noted that all conditions have been met and that the Planning Commission has recommended approval of the request. The City Clerk also noted that Simonson's Salon is requesting a Therapeutic Massage License. Mayor Klinzing opened the public hearing. There being rio one for or against the matter, Mayor I~dinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A THERAPEUTIC MASSAGE ESTABLISHMENT CU 01-28 FOR SIMONSON'S DAY SPA. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE A THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE FOR SIMONSON'S SALON. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business The City Administrator indicated that a settlement has been made for the Deschene property in the amount of $320,000 including interest. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE SETTLEMENT FOR THE DESCHENE PROPERTY IN THE AMOUNT OF $320,000 INCLUDING INTEREST. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Letter from Smokeshop The Council discussed the letter received from the Smokeshop in Elk River. The Council questioned whether a Smokeshop requires a conditional use permit. The City Administrator noted that he would review this issue w/th the Planning Department. 8. Staff Updates Council Meeting Schedule The City Administrator reviewed the Council meeting schedule through February 2002. City Council Minutes September 10, 2001 9. Adjournment Page 7 There being no further business, Mayor I~dinzing adjourned the meeting of the Elk River City Council at 8:50 p.m. Sandra Peine City Clerk