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05-10-2010 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, MAY 10, 2010 Members Present: Mayor Klinzing, Councilmembers Westgaard, Gumphrey, Motin, and Zerwas Members Absent: None Staff Present: City Administrator Lori Johnson, Building Official Bob Ruprecht, City Clerk Tina Allaxd, Fire Chief T. John Cunningham, Economic Development Assistant Annie Deckert, Planning Manager Jeremy Barnhart, Environmental Administrator Rebecca Haug, Economic Development Director Cathy Mehelich, and Executive Secretary/Deputy City Clerk Jessica Miller Also Present: EDA Members Touchette, Dwyer, and Tveite; Planning Commissioners Westberg, Bell, Anderson, and Lemke; Energy City Commissioners Setala, Rohlf, Chuba, Sayler, Steinbeck, and Vassar Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 5:30 p.m. by Mayor Klinzing. 2. Consider Council A eg nda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent A eg nda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. APRIL 28, 2010 BOARD OF APPEAL AND EQUALIZATION MINUTES 3.2. ANNUAL RENEWAL OF SALES/STORAGE RETAIL FIREWORKS LICENSE FOR MENARDS WITH THE FOLLOWING CONDITIONS: 1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER. 2. FIRE DEPARTMENT MUST CONDUCT AN INSPECTION OF THE FIREWORK DISPLAY PRIOR TO FIREWORK SALES. THE APPLICANT IS RESPONSIBLE FOR CONTACTING THE FIRE MARSHAL AT 763.635.1110 TO SCHEDULE AN INSPECTION. 3.3. TOBACCO LICENSE - CROIX OIL COMPANY 3.4. PROCLAMATION RECOGNIZING MERITS OF BUDDY POPPIES MOTION CARRIED 5-0. City Council Minutes Page 2 May 10, 2010 4. Open Mike No one appeared for open mike. 5.1. Request from Orono Cemetery Association Ms. Johnson presented hex staff report. Jim Nystrom, Orono Cemetery Association, presented a history of the Orono Cemetery. He explained that the Association's principle concern is the long term protection of the cemetery's assets. He stated an additional concern is assistance with keeping records, and receiving, dispersing, and investing funds. Mr. Nystrom noted that the cemetery was set up non-secretarian which ultimately eliminates churches from owning the cemetery. Ms. Johnson stated that she and Mr. Nystrom have met to discuss this issue on numerous occasions. She indicated the city can own and run a cemetery but would probably not voluntarily choose to do so. Ms. Johnson noted that she understands the cemetery is an important community amenity and the city wants to make sure it continues to get long-term care; therefore, the city may need to take ownership if there are no other alternatives. Discussion took place on the possibility of the city taking ownership of the cemetery. Councilmembers Motin and Zerwas indicated they would only be interested in taking over ownership as a last resort. Mayor Klinzing indicated she is not opposed to the city taking over the cemetery, but also . wasn't against further efforts to find alternatives to city ownership. Council consensus was for Ms. Johnson and Mr. Nystrom to continue to explore options for an alternative to city ownership. 5.2. Board/Commission Handbook Ms. Allard presented her staff report. Councilmember Motin indicated he preferred option B with the removal of the sentence referencing causes for removal for non EDA and HRA members. Councilmembers Zerwas and Gumphrey concurred. Council consensus was to amend the board/commission polity to include Option B as described in the staff report with the change as noted above. This item will be on a future consent agenda for amendment. 5.3. Business Registration/Inspections Mr. Ruprecht indicated this item is in response to a business owner's open mike question about business inspections. He provided some background information. He also provided past examples of when business inspections would have been beneficial. He noted that this program should be looked at as a service to the citizens and businesses. Ms. Johnson indicated the intent of the proposed registration/inspections is to assist the renter/lessee. City Council Minutes May 10, 2010 Page 3 Mayor Klinzing questioned how the business registration program would work. Mr. Ruprecht explained. He added that the program would start out small similar to the rental housing program and could be expanded once the program was up and running. Chief Cunningham explained that the fire department conducts fire inspections to target hazards as provided by statutory authority. He added that the fire department does not have authority to address building code issues. He indicated that having business registration would be helpful to identify new businesses in Elk River. Councilmember Gumphrey questioned if the fire department conducts inspection when a tenant change takes place. Chief Cunningham stated that if the fire department is made aware of a new tenant an inspection may take place. Councilmember Moon stated he believes the city would have a difficult time mandating this program. He added that he frequently writes up purchases orders for clients and they often contain a clause allowing the buyer to get an inspection. Mayor Klinzing indicated she is not opposed as she believes it is important to be aware of new businesses. She would like to see an example written up. Discussion took place on the city's liability in conducting inspections as well as the desire to not impose additional fees on businesses. The consensus of the Council was that they were not in favor of implementing a business registration/inspection program at this time. . 5.4. Great River Energy Business Retention Visit Update Pursuant to due call and notice thereof, the meeting of the Elk River Economic Development Authority was called to order at 6:24 p.m. by President Touchette. Ms. Mehelich presented her staff report. Discussion took place on staff s findings about Great River Energy's decision to move their corporate headquarters to Maple Grove following a business visit, and how Elk River can better position itself in the future to attract this type of development. Councilmember Gumphrey questioned how knowledgeable city staff is with LEED certification. Ms. Mehelich indicated that city staff is further ahead because of the Energy City Commission and other partnerships. EDA President Touchette stated that it is important for Elk River to have a city brand to identify what Elk River is and what it stands for. He requested the City Council look at a vision. He challenged staff, boards, and groups, both public and private, to provide input of a vision outlining who Elk River is and how do we get there. Councilmember Motin indicated he would like to get staff input first. Ms. Johnson explained Council has given her direction to bring back a proposal to work with staff on defining city goals to which the Council could respond. She stated she is in the • process of developing that proposal with the intention of having staff's goals to the Council later this year. City Council Minutes Page 4 May 10, 2010 The City Council took a five minute recess at 6:50 p.m. The EDA took a five minute recess at 6:50 p.m. 5.5. Joint Meeting with Economic Development Authorityand Planning Commission to Discuss Focused Area Studv Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:56 p.m. by Chair Westberg. Bruce Chamberlain, Hoisington Koegler Group, Inc. - presented a PowerPoint including a quick overview and fmdings of the Focused Area Study. Steve Rohlf, representing Elk River Ford Dodge Jeep, 17218 Highway 10 NW -indicated that a commercial lot owned by Mr. Powell between Yale Street and the Mississippi River shows on the plan map as open space. Mr. Chamberlain explained that HKGi tried to reflect open space where there was a wetland or flood plain. Mr. Harjes stated that he believes the lot was listed as open space because with the stormwater pond, river bluff, and road extension, the remaining lot would be too small for development. Mr. Rohlf indicated he would be more comfortable having the lot not show as open space. Mr. Chamberlain and Mayor Klinzing concurred. Rick Kurth, Broadway Bar and Pizza, 16754 Highway 10 -questioned if the city would wait to put the roads in until the west side was developed. Mr. Chamberlain explained that all of the roads would be constructed at the same time. He added this can be clarified in the plan. Mr. Rohlf stated that Elk River Ford is shown as office village in a later stage of the plan. • Mr. Chamberlain indicated that the anticipation is that current vacant land would be developed first before developed land and he doesn't see the overall zoning changing anytime soon. Mr. Rohlf clarified that the underlying zoning of the plan area will remain the same with an overlay of additional uses to bring to the area to the vision of the plan. He wanted confirmation that the intent of the Council is not to do the overlay zoning and then turn around and completely rezone the area a few years later. Council consensus was that Mr. Rohlf was correct. Mr. Chamberlain added that the Council's intention will be written into the plan. Mr. Barnhart indicated that the EDA, Planning Commission, and City Council will review the final plan for adoption at their June meetings. There being no further business, President Touchette adjourned the meeting of the Elk River Economic Development Authority and Chair Westberg adjourned the meeting of the Elk River Planning Commission at 7:29 p.m. The City Council took an eight minute recess. 5.6. Joint Meeting with Energy City Commission Pursuant to due call and notice thereof, the meeting of the Elk River Energy City Commission was called to order at 7:37 p.m. by Vice Chair Setala. Ms. Haug distributed a draft Energy City Commission mission statement and the approved • 2010 budget. She reviewed a history of the Commission. She stated that the Commission City Council Minutes May 10, 2010 Page 5 wants to make sure the direction they are moving in is what the Council envisions for the .group. Discussion took place on whether the Commission should focus only on energy efficient technologies and not include green programs. Mayor Klinzing indicated that discussion on that topic went full circle and the decision was green initiatives should be included if there is an energy connection. She noted that Project Conserve is a great example. Councilmember Gumphrey stated he would like to see another Energy House built. Commissioner Touchette indicated that the Commission has discussed taking an existing home and retrofitting with energy efficient technologies. Commissioner Chuba noted that the last Energy House was not financially feasible due to its poor location and the amount of energy technologies that were included in the home. Councilmember Motin stated he would like the Commission to focus more on citizens than on businesses. He added that the awards received are great but are not benefitting property owners. He noted that Project Conserve and the Energy Expo are good examples. Commissioner Steinbeck explained that utility companies hosting energy technologies is important even if some projects do not directly affect property owners. Mayor Klixizing indicated that the Energy City Commission will move forward with its vision and mission at their next meeting. She noted that the Council will decide whether the Energy City Commission should continue past its sunset date of December 31, 2010. Councilmember Zerwas stated he would like to see the data centers in town as a demonstration site. There being no further business, Vice Chair Setala adjourned the meeting of the Elk River Energy City Commission at 8:19 p.m. 5.7. Commercial Reserve Transitional Zone Update Mr. Barnhart presented his staff report. Councilmember Moon questioned why the area on the west side of Highway 169 is not included in the commercial reserve. Mr. Barnhart explained that it was not included in the original Comprehensive Plan but could be an amendment to the plan. Mr. Barnhart indicated a Comprehensive Plan amendment and rezoning to commercial reserve could be initiated to include the west side of Highway 169. He stated he would recommend the entire area south of 2215[ Avenue. Councilmember Westgaard questioned how many properties on the west side are less than ZO acres. Mr. Barnhart indicated staff could identify parcels less than 20 acres and provide the information to the Council prior to the initiation of a zoning amendment. He stated he could have this information at the July worksession. Councilmember Motin indicated that after further review, he would like to see the entire area south of the landfill as commercial reserve. • City Council Minutes May 10, 2010 Page 6 5.8. Council Open Forum There were no items for discussion under open forum. 6. Other Business There was no other business. 7. Council Updates Councilmember Motin indicated that the Northstar Commuter Rail has experienced a major peak in ridership during Twins games. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:37 p.m. Minutes prepared by Jessica Miller. --,- i Tina Allard, City Clerk ~~4 ~" 1~ `~.~ Yom. ~: !~ ~. ;~, Stepha 'e Klinzing, Ma`_~^ •