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06-21-2010 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 21, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, City Attorney Peter Beck, and various division managers and department heads Also Present: Planning Commissioner Pete 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 6:34 p.m. by Mayor Klinzing. 2. Consider 6/21/2010 Agenda Ms. Johnson noted due to the long agenda and scheduling of the annual report, the Council could moved items around for convenience as needed. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 JUNE 7 AND JUNE 14, 2010 MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. SPECIAL EVENT FOR SHERBURNE COUNTY FAIR AND PARADE WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL PROVIDE GARBAGE CLEANUP IMMEDIATELY FOLLOWING THE PARADE. 2. SIGNS SHALL BE INSTALLED AT THE FOLLOWING LOCATIONS NO LATER THAN JULY 8, 2010: ^ MAIN STREET AND MORTON AVENUE (ALERTING WESTBOUND TRAFFIC) ^ WEST OF ORONO ROAD AT MAIN STREET AND JOPLIN STREET (FOR EASTBOUND TRAFFIC) ^ ON JOPLIN STREET AT ORONO PARKWAY (ALERTING SOUTHBOUND TRAFFIC) ^ PROCTOR AND MAIN STREET (ALERTING SOUTHBOUND TRAFFIC) Ciry Council Minutes June 21, 2010 THE SIGNS SHALL STATE: Page 2 MAIN STREET CLOSED JULY 16 6:30 PM.-8:30 P.M. PARADE 3. APPLICANT SHALL PROVIDE PORTABLE TOILETS AND INFORM ALL PARADE STAFF OF THE LOCATION FOR THE TOILETS DURING PARADE STACsING. 4. APPLICANT SHALL ENSURE THAT ALL APPLICABLE FIRE CODES HAVE BEEN MET AND ALL TENTS MUST BE INSPECTED BY THE FIRE MARSHAL'S OFFICE. 5. ASSISTANCE FROM THE FIRE DEPARTMENT MUST BE PRE- ARRANGED AND COORDINATED WITH THE FIRE CHIEF. ELK RIVER FIRE DEPARTMENT ASSISTANCE IS SUBJECT TO AVAILABILITY OF PERSONNEL AND RESOURCES. IF NON ELK RIVER FIRE RESOURCES ARE BEING REQUESTED TO ASSIST AT THE EVENT, SUCH REQUESTS SHALL BE COORDINATED WITH THE ELK RIVER FIRE CHIEF. .- 6. ACCESS TO THE PUBLIC SAFETY COMPLEX, INCLUDING THE REAR ENTRANCE AREA, SHALL NOT BE OBSTRUCTED. 3.4. MASSGE THERAPIST LICENSE TO KELLY ROSS TO OPERATE FROM JOHN JOSEPH SALON VALID TO DECEMBER 31, 2010. 3.5. ADOPT RESOLUTION 10-27 AUTHORIZING A TRANSFER FROM THE MUNICIPAL LIQUOR FUND TO THE PARK IMPROVEMENT FUND. 3.6. PROCLAM JUNE 21, 2010 AS ELK RIVER ROTARY DAY. 3.7. RESOLUTION 10-28 DENYING CONDITIONAL USE PERMIT REQUEST CU 10-04 AND ESTABLISHING FINDINGS OF FACT THEREFORE. MOTION CARRIED 5-0. 4.1. Jerry Krekelberg -Address Change Matter Jerry Krekelberg, 21887 Brook Road -Stated the city addressing committee converted his address to Olson Street and he wants it changed back to Brook Road. He stated the reasons he would like to keep his original address is due to the hassle atld expense involved in changing it. He stated he plans to move in four years and requested the Council wait to change the address. Mr. Leeseberg presented the staff report and a PowerPoint presentation. He noted Council would need to make the change by Thursday or wait until after August 10 due to a new state election law. It was Council consensus to leave the address as Olson Street due to health and safety concerns. Ms. Johnson reviewed the 2005 reimbursement policy and noted there are no reimbursements for business expenses. It was Council consensus for staff to review the policy and bring it back for Council consideration at a later date. City Council Minutes June 21, 2010 4. Open Mike Page 3 Lynn Caswell, Past Rotary President -Thanked Council for declaring today as Rotary Day. Councilmember Motin read the Rotary Day Proclamation. 5.1. Request by Schuer. Inc. for a Conditional Use Permit Amendment to Allow Washing/Processing Operations, Case No CU 10-12 -Public Hearing Ms. Haug presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE PERMIT, CU 10-12 WITH THE FOLLOWING CONDITIONS: 1. NO STOCKPILING OF WASH POND SEDIMENT BE ALLOWED UNLESS AN APPROVED DUST CONTROL PLAN IS IN PLACE. 2. NO OTHER WATER SOURCES BE ALLOWED TO SUPPLEMENT THE SUPPLY POND UNLESS APPROVED BY THE CITY. 3. PROVIDE THE CITY WITH COPIES OF ALL STORM WATER AND RELATED PERMIT COMPLIANCE DOCUMENTS, FOR EXAMPLE ANY SWPPP DOCUMENT, OR SPCC PLAN. 4. PROVIDE ANNUAL SAMPLING OF INTAKE WATER FOR TOTAL • DISSOLVED SOLIDS. 5. PROVIDE A SPILL RESPONSE PLAN IF AN SPCC IS NOT IN PLACE TO ADDRESS THE RELEASE OF ANY PETROLEUM PRODUCTS IN TO EITHER POND. MOTION CARRIED 5-0. 5.2. Resolution Declaring Public Nuisance and Ordering Abatement in the Matter of the Nuisance Located at 19545 Elgin Street NW Mr. Barnhart presented the staff report. Brian Hanson, 19545 Elgin Street -Asked the Council fora 30 day extension. He stated he is working with a contractor on the installation of the fence. He stated he installed a safety cover and didn't feel he should have to put in a fence. Staff explained that city ordinance requires the fence and would provide further safety to kids. It was noted that there could be issues with the cover not being locked at times and that fencing typically is self-latching and would provide a safety barrier. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-29 DECLARING PUBLIC NUISANCE AND ORDERING ABATEMENT IN THE MATTER OF THE NUISANCE LOCATED AT 19545 ELGIN STREET NW, ELK RIVER, MINNESOTA 55330 AND LEGALLY DESCRIBED AS: LOT 5, BLOCK 4, WINDSOR OAK HILL, SHERBURNE COUNTY, MN WITH DIRECTION TO City Council Minutes Page 4 June 21, 2010 ----------------------------- STAFF THAT THE ORDER NOT BE SERVED FOR 30 DAYS. MOTION CARRIED 5-0. 5.3. Request by Tiller Corporation for Conditional Use Permit for Mineral Excavation, Case No CU 10-09 -Public Heating Ms. Haug presented the staff report. She noted Tiller is requesting to amend a conditional use permit because they want to do mineral excavation of approximately 13 acres of property owned by Waste Management, Inc. Ms. Haug stated that mining these 13 acres of the 200' buffer zone would be a violation of the Landfill's current conditional use permit and Council's decision denying the landfill's request to use these same 13 acres for landfill operations. She stated this request would detrimentally affect the enjoyment and use of surrounding property owners if existing topography and trees are removed. Mayor Klinzing opened the public hearing. Mike Carron, representing Tiller Corporation -Stated they would be willing to work with staff to maintain screening at a different location on the site. Kirsten Polley, registered geologist and civil engineer with Sunday Engineering -Reviewed a presentation. She explained Tiller's three separate mining operations. She stated it would not be unusual to mine the 200' buffer and reviewed the view shed to show how the mining would affect it. She stated there are conditions that could be imposed on Tiller to address screening issues. She reviewed condition #20 of the 1996 conditional use permit. She also reviewed the screening requirements fora 1997 conditional use permit and noted that these requirements were allowed to be amended in 2002. She stated the timing of this is important because the landfill is getting ready to construct the berm near the buffer location. She noted the landfill was allowed to expand the north buffer on their property JasonAsmus, Briggs & Morgan -Speaking on behalf of the Elk River Landfill stated the landfill is in support of Tiller's training request. He stated this is a mining issue only. He stated the Council could condition approval of this conditional use permit request based on the landfill lawsuit results. He stated the primary concern is the view shed from 2215 Avenue looking to the north and that Tiller has pledged to provide for screening. He stated the Host Community Agreement would be applicable in this situation. Mayor Klinzing closed the public hearing. Attorney Beck asked the city environmental consultant if there is any reason this buffer area has to be mined if the landfill is going to remain in its present boundary. Matt Ledvina, city environmental consultant -Stated the landfill could build its berm on the south slope and construct the fill area without removing the buffer. Councilmember Moon stated it is clear in all the conditional use permits that the 200' buffer must be maintained. He noted that Tiller, in October 2009, was very clear that they wouldn't be mining any property south of the landfill for 30 years. He stated the landfill agreed, back in 1996, not to have this property mined. He stated he is not in favor of this request based on the reasons discussed by staff and the Planning Commission. Mr. Carron stated this area needs to be mined prior to the landfill installing the final berms. City Council 1\linutes June 21, 2010 Page 5 Attorney Beck clarified the differences in the three conditional use permits for Tiller. He stated this request is from Tiller and they are not part of the Host Community Agreement. He stated the reason the north buffer was allowed to be removed is because it is the boundary of Livonia Township and the township, along with Sherburne County, were okay with the buffer removal because the landfill was expanding to the north. He stated the only reason to remove this southern buffer is if the landfill were expanding to the south, which they presently are not approved to do. Councilrnember Zerwas stated removal of the 200' buffer is clearly not allowed in Tiller or the landfill conditional use permits. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 10-30 DENYING THE APPLICATION OF TILLER CORPORATION TO AMEND ITS EXISTING CONDITIONAL USE PERMIT TO ALLOW THE REMOVAL OF TREES AND MINING WITHIN THE EXISTING 200 FOOT BUFFER ZONE ON THE SOUTH SIDE OF THE ELK RIVER LANDFILL. MOTION CARRIED 5-0. 5.8. Adoption of 171~~ Avenue Focused Area Study Plan Mr. Barnhart presented the staff report and discussed the next steps for staff with regards to Comprehensive Plan amendments and zone changes. Mayor Klinzing asked staff if Mn/DOT gave any indication of their plans for property they own in Hillside Heights. Mr. Barnhart stated no information has been provided. Jerry Minor, 16840 Highway 10 -Stated he was out of the State for most of the planning phase of this study. He stated opposition to Council adoption of the Plan. He expressed concerns with how the Plan will affect businesses. Mayor Klinzing stated the city is not going to start implementing the Plan but that future development of the area will be guided by the market. She noted the overpass has been programmed by Mn/DOT for years. She stated the Plan gives the city an opportunity to look ahead to determine how the area can best be planned and will work for all property owners. Councilmember Motin disclosed the Minor's are clients. He noted that Mn/DOT is closing access points on the highway. He stated the city needs to plan to accommodate growth. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT THE 171sT AVENUE FOCUSED AREA STUDY. MOTION CARRIED 5-0. Mayor Klinzing thanked staff, Planning Commission, and the Economic Development Authority for their work through the process. She noted the Council has gotten blamed in the past for not being proactive with planning. u City Council Minutes Page 6 June 21, 2010 Councilmember Zerwas stated this will help locate required infrastructure that must be planned such as service roads, overpasses, etc. He noted that much of the road infrastructure has been relocated to the city owned property. Council took a five minute recess at 8:20 p.m. 7.1. Request by~I,orraine White) Wapiti Park Campground Inc for 3 2 Percent On and Offsale Malt Liquor Licenses Ms. Allard presented the staff report. Ms. Allard noted that Ms. White submitted an application late today for a conditional use permit and the earliest it could come to Council for consideration is July 19. Jaunita Glen, representing the applicant -Stated she has power of attorney for Ms. White. She stated she didn't know the Interim Use Permit expired. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-31 DENYING A 3.2. PERCENT ONSALE MALT LIQUOR LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUOR LICENSE TO WAPITI PARK CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND AND THAT ADDITIONAL FEES TO RE-APPLY IN JULY BE WAIVED. MOTION CARRIED 5-0. 6. 2009 State of the City/Annual Report The 2009 State of the City/Annual Report was presented. 5.4. S endin Plan for Tax Increment Financin District No. 16 -Public Hearin Ms. Mehelich presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 10-32 APPROVING A SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 16. WITH THE FOLLOWING CHANGE TO SECTION II. (B) CLASS I RESTAURANTS nn AT T L` A C'T' G!1 CL' A'T'C MOTION CARRIED 5-0. 5.5. An Ordinance of the City of Elk River Amending the Elk River Zoning Ordinance to Add New Section 30-1600. 1601. 1602 Providing the Creation of the Mixed Use Elk River Plaza Zoning District. Case No. OA 10-06 -Public Hearing 5.6. An Ordinance of the City of Elk River Zoning Certain Property into the Mixed Use Elk River Plaza Zoning District Case No. ZC 10-03 -Public Hearing Mr. Leeseberg presented the staff reports for both of these items. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. City Council Minutes June 21, 2010 Page 7 Mr. Beck stated he would like to make formatting changes to the ordinance but that the changes wouldn't affect the content of the ordinance. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-08 AMENDING THE ELK RIVER ZONING ORDINANCE TO ADD NEW SECTION 30-1G00,1601,1G02, PROVIDING FOR THE CREATION OF THE MIXED USE ELK RIVER PLAZA ZONING DISTRICT WITH THE FORMATTING CHANGES OF THE CITY ATTORNEY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 10-09 ZONING CERTAIN PROPERTY INTO THE MIXED USE ELK RIVER PLAZA ZONING DISTRICT. MOTION CARRIED 5-0. 5.7. Request by City of Elk River for Ordinance Amendment Regarding I1 and I2 Industrial Zones in the Urban Service District, Case No. OA 10-OS -Public Hearing Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin noted errors in the ordinance. It was Council consensus for staff to bring the ordinance back on a future consent agenda once the errors are corrected. 5.9. Authorization to Review Sign Ordinance in the Commercial Reserve Transition (CRT Zoning District Mr. Barnhart presented the staff report. He stated the current ordinance doesn't allow for signage to be located in a motocross arena. Councilmember Gumphrey requested that other locations that don't fall into the sign ordinance be reviewed and provided the new furniture warehouse as an example. Councilmember Westgaard stated he doesn't believe this situation is unique to the commercial reserve transition district. He stated he didn't feel the motocross example falls under the sign ordinance but rather would be promotional use of the property. He stated he is not in favor of rewriting the sign ordinance for the commercial reserve transition area. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE STAFF TO REVIEW THE SIGN ORDINANCE FOR SIGNAGE AT ELK RIVER MOTOCROSS. MOTION CARRIED 5-0. 7.2. 182nd Avenue Stormwater Improvement NIr. Hals presented the staff report. City Council Minutes June 21, 2010 Page 8 MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO PROCEED WITH STORM SEWER IMPROVEMENTS AT THE INTERSECTION OF 182ND AVENUE AND 181sT LANE AND TO AWARD THE CONTRACT TO BRENTESON COMPANIES IN THE AMOUNT OF $38,652.36. MOTION CARRIED 5-0. 7.3. Discuss Council Meeting Schedule Ms. Johnson presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO CALL SPECIAL MEETING FOR MONDAY, JUNE 28, 2010, 6:30 P.M. TO DISCUSS REGULAR BUSINESS; CANCEL TUESDAY, JULY 6, 2010 REGULAR COUNCIL MEETING; CALL SPECIAL JOINT MEETING WITH SHERBURNE COUNTY BOARD OF COMMISSIONERS FOR TUESDAY, AUGUST 10, 2010, 9:00 A.M. MOTION CARRIED 5-0. 8. Other Business Councilmember Zerwas noted he wouldn't be able to attend the joint meeting with the County Board. 9. Council Updates There were no Council Updates. 10. Staff U dates 10.1. Compost Site Update Ms. Johnson stated staff is still working on this item and will have an update at a future meeting. 10.2. Participation in Sherburne County Fair Parade Ms. Allard inquired if any Councilmembers wished to be in the fair. Most of the Council stated they would participate. Council recessed at 9:35 p.m. in order to go into a closed session. 11. Closed Session to Discuss Purchase of Propert,Lper MN Statute 13D 05, Subd 33 (cl The following were present at this closed session: Mayor Stephanie Klinzing, Councilmembers Nick Zerwas, Jerry Gumphrey, Matt Westgaard, and Paul Motin, City Administrator Lori Johnson, City Attorney Peter Beck, Finance Director Tim Simon, and City Clerk Tina Allard Pursuant to due call and notice thereof, the closed meeting of the Elk River City Council was called to order at 9:39 p.m. by Mayor Klinzing. City Council Minutes June 21, 2010 Page 9 The purpose of the closed meeting was to discuss offers relating to the city's possible purchase of the following properties: 75-004-1100, 75-402-0021, and 75-402-0020. There being no further business, Mayor Klinzing adjourned the closed meeting at 10:16 p.m. 12. Reconvene Regular Council Meeting Mayor Klinzing reconvened the regular Council meeting at 10:20 p.m. 13. Consider Purchase of PropertT Ms. Johnson noted the Council decided not to move forward with the purchase of the following properties at this time: 75-004-1100, 75-402-0021, and 75-402-0020. 14. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:21 p.m. r' f,, Tina Allard, Ciry Clerk h~~ , cu ~uI J Stepha ~e Klinzing, Mayo •