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3.1. DRAFT MINUTES 08-02-2010~~~ MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 19, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, Recreation Manager Steve Benoit, Finance Director Tim Simon, IT Manager (Fire Relief Association Board Member/Firefighter) Bob Pearson, Police Chief Jeff Beahen, Fire Chief John Cunningham, Street Superintendent Phil Hals, Environmental Administrator Rebecca Haug, and City Clerk Tina Allard Also Present: Planning Commissioner Troy Ives. Parks and Recreation Commissioner Dave Anderson, and Energy City Commissioners Ron Touchette and Vance Zehringer 1. 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. 2. Consider 7/19/2010 Agenda Mayor Klinzing noted that storm damage clean up was added to Open Mike and Item 7.5. has been removed from the agenda. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 JULY 12, 2010 COUNCIL MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. RESOLUTION 10-41 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER FOR FIREFIGHTING PURPOSES. 3.4. SOLICITOR LICENSE TO KIM PARCHEM, NMC EXTERIORS VALID TO DECEMBER 31, 2010. 3.5. ACCEPTANCE OF THE DISTINGUISHED BUDGET PRESENTATION AWARD FOR 2010. MOTION CARRIED 5-0. City Council Minutes Page 2 July 19, 2010 4. Open Mike No one appeared for Open Mike. 4.1. Senator Fobbe State Senator Fobbe introduced herself. She discussed her senate district service area and accomplishments. There was discussion on the Green Acres program. 4.2. Storm Damage Update Chief Cunningham thanked all partners for a safe and orderly evacuation of the fairgrounds during the storm on Saturday evening. Chief Beahen noted two injuries with the storm and the signal outages on Highway 169. Mr. Hals discussed the storm damage in various parts of the city. He requested Council action on the following items: Storm Damage Declaration - Mr. Hals stated staff could collect debris from residents beginning August 2 and it would take approximately two weeks to finish the collection process. Council is okay with picking up debris as long as it is done during normal working hours. Council also concurred that they would prefer the removal be completed as soon as possible and felt two weeks was a long time for debris to sit at curbside. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A STORM DECLARATION. MOTION CARRIED 5-0. Clearing I~ght-o~Way Trees - Mr. Hals requested clarification on how far to go with tree removal for trees that fall in the right-of--way. Council agreed the tree could be removed but that the homeowner would be responsible for stump removal as shown on a map presented by staff. Overtime Pav - Mr. Hals questioned if it would be okay to pay overtime for the hours staff had to put in due to the storm. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE OVERTIME PAY FOR STAFF WHO WORKED THE STORM CLEANUP. MOTION CARRIED 5-0. 5.1. Request b~~ohn Fahey for an Amendment to an Existing Conditional User Permit for Animals. Case No. CU 10-14 - Aublic Hearir~Q Mr. Leeseberg 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. City Council Minutes Page 3 July 19, 2010 Councilmember Westgaard asked if there were any complaints against this property. Staff indicated there wasn't. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 10-14, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE COMMERCIAL KENNEL SHALL BE LIMITED TO FIFTEEN (15) DOGS OR CATS OVER THE AGE OF 6 MONTHS. ADDITIONAL ANIMALS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. NO MORE THAN TEN (10) DOGS SHALL BE ALLOWED. 4. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9. 5. THE APPLICANT SHALL RECEIVE AND MAINTAIN A COMMERCIAL KENNEL LICENSE FROM THE CITY COUNCIL. 6. ALL ANIMALS MUST BE APPROPRIATELY LICENSED AND VACCINATED. 7. ALL ANIMALS SHALL BE ON A SIX (6) FOOT OR SHORTER LEASH WHEN OUTSIDE OF THE KENNEL. 8. NO MORE THAN TWO (2) ANIMALS PER SUPERVISOR SHALL BE ALLOWED OUTSIDE OF THE KENNEL. 9. ALL ANIMAL WASTE SHALL BE CLEANED UP IMMEDIATELY WHEN ANIMALS ARE OFF OF THE SUBJECT PROPERTY. 10. APPLICANT SHALL PROVIDE PROOF OF LIABILITY INSURANCE IN AT LEAST THE SUM OF $1 MILLION. 11. NO DOGS DESIGNATED AS DANGEROUS OR POTENTIALLY DANGEROUS ARE ALLOWED TO BE KEPT AT THE KENNEL AND KEEPING OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG SHALL BE GROUNDS FOR REVOCATION. 12. OUTDOOR KENNEL SPACE IS TO BE LOCATED AT LEAST 250 FEET FROM ANY PRINCIPAL STRUCTURE ON NEIGHBORING PROPERTIES. 13. NO FENCED PASTURE LAND SHALL BE USED FOR KENNEL SPACE UNDER THIS CONDITIONAL USE PERMIT. MOTION CARRIED 5-0. 5.2. Request by Elk River Sales and Leasing_for Conditional Use Permit to Allow Truck Sales Case No. CU 10-15 -Public Hearin 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. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 10-15 TO ALLOW AN AUTO DEALERS LICENSE AT 10752171sT City Council Muiutes July 19, 2010 Page 4 AVENUE AS DESCRIBED IN THE APPLICANTS NARRATIVE DATED MAY 13, 2010, WITH THE FOLLOWING CONDITIONS: 1. VEHICLES AND EQUIPMENT ACQUIRED AS PART OF THE AUTO DEALERS LICENSE ARE INTENDED FOR MORRELL TRUCKING AND ITS SUBSIDIARIES USE ONLY. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. MOTION CARRIED 5-0. 5.3. Request by Wapiti Park (Lorraine White for Interim Use Permit. Case No. CU 10-16 - Public Hearir~t~ Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to August 2, 2010. 5.4. Request by City of Elk River for an Ordinance Amendment to the Land Use Regulations Regarding Signage in the CRT (Commercial Reserve Transition) Zoning District, Case No OA 10-07 -Public Hearine~ Mr. Leeseberg 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 GUMPHREY TO ADOPT ORDINANCE 10-10 AMENDING SECTION 30-876 OF THE CITY CODE OF ORDINANCES RELATING TO SIGNAGE IN THE COMMERCIAL RESERVE TRANSITION AREA. Councilmember Westgaard expressed concerns with monitoring and enforcement of this ordinance. He felt the ordinance would hinder business and that signage shouldn't be regulated when they are displayed internal. Councilmember Zerwas questioned why there should be a limit to the number of signs and a size limitation. Counciltnember Motin stated the signs can be seen from Highway 169. Councilmember Zerwas asked that Section C (4) be removed from the ordinance. THE MAKER AND SECONDER OF THE MOTION AMENDED THE MOTION TO REMOVE SECTION C (4) FROM THE ORDINANCE. MOTION CARRIED 4-1. Councilmember Westgaard opposed. City Council Minutes Page 5 July 19, 2010 6.1. Amendment to Elk River Energy City Commission Ordinance 6.2. 2010 Energy Expo Recap & 2011 Energy Expo Update 6.3. Phase I Project Conserve Update Ms. Haug presented the staff reports for these three items. Councilmember Moon stated he would like to see the sunset date kept for the commission with expiration in 2014. He stated the commission projects have mostly been educational tools and he would like to see a more aggressive approach with the commission being utilized as an economic development tool. Mayor Klinzing stated there would be a significant push for economic development. She stated she doesn't believe a sunset date is needed but she would support it. Ms. Haug stated a business recycling event will be occurring in this year. Commissioner Touchette stated it is important not to have a sunset date especially when the Council is able to disband the commission at any time. Counciltnember Westgaard stated a sunset date doesn't show long-term commitment to the commission. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-11 DELETING SECTION 2-357, COMMISSION EVALUATION OF THE ELK RIVER, MINNESOTA, CITY CODE. Councilmember Motin stated he will support the motion but wants the commission to show an economic benefit with quantitative figures. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE 2011 ENERGY EXPO WITH A BUDGET OF $5,000. MOTION CARRIED 5-0. 7.1. Annual Fire Relief Benefit Level Mr. Simon presented the staff report. Councilmember Gumphrey expressed concern with the return of investment projected to be at five percent by year-end. Mr. Pearson stated it is difficult to predict the market. He stated the numbers were lower last year at this time but did bounce back pass the projected return by the end of the year. 7.2. Ordinance Amendment Relating to Hunting and Shooting Near Parks and Trails Mr. Leeseberg presented the staff report. He handed out an updated draft ordinance. Councilmember Gumphrey questioned how the deer population would be controlled. City Council Minutes Page 6 July 19, 2010 ----------------------------- Chief Beahen stated there are many areas where hunting is allowed and that the Police Department issues approximately 150-175 special permits a year. He stated the Parks and Recreation Commission added that the trail be closed for the 9 day slug season at a safe location that is to be determined by the Police Chief. There was discussion on whether to include the 9 day closure language in the ordinance or allow it to be handled at staff level due to changes each year and no trail being specified by the commission. Chief Beahen asked if he had the authority to close a public right-of--way without it being specified in city ordinance. Attorney Beck stated yes. Councilmember Westgaard questioned if use of a dangerous weapon also includes archery (due to the archery range currently located in the Woodland Trails Park). It was noted that the archery range was not considered. Councilmember Westgaard stated when a hunter applies for a turkey hunting permit on his own land; he has to open up his property to other hunters in subsequent seasons. He stated the current ordinance states if hunting is allowed on a landowner's property, the landowner has to be present. He stated this conflicts with state hunting regulations. Chief Beahen stated the city ordinance doesn't prohibit this law; only that it requires the hunter to get a permit from the city. He stated the permit would stipulate that the landowner must be present with the hunter while the shoot is happening. Councilxnember Westgaard questioned if this ordinance will cover any future land purchase by the city for park. Chief Beahen stated yes. Councilmember Motin stated Section (b) (1) needs a correction to the subsection numbering. He stated he is not sure at the end of the section what Section (b) (2) relates to and recommended this item come back to Council. Chief Beahen stated it refers to prohibiting discharge within 500 feet of a building, structure, or platted area which is a state law requirement. Attorney Beck questioned if Section (b) are limits on the police chief's authority to issue permits. He stated yes. He noted it includes platted areas but that staff allows hunting in the platted areas which should be removed. It was the consensus of the Council to bring this ordinance back for further review. 7.3. Rain Garden -Main Street and Highway 169 Mark Basiletti with the Soil and Water Conservation District -Explained the differences between a rain garden and a bio-retention pond. He stated a rain garden will not work on City Council Minutes July 19, 2010 Page 7 the site. He stated there is a pipe on this site that goes to the Mississippi River that is not treated. He stated any treatment on this site is going to have to be fairly deep. He stated the design basin would be approximately seven feet with 4-1 side slopes. He stated the pond will not hold water permanently, is designed to drain within 48 hours after a storm, and is capable of holding up to three feet of water. He noted he needed the Council to act on two items tonight. He needed authorization for the city to approve moving forward with this installation and design and to enter into an agreement. Mr. Hals presented the staff report. Counciltnember Motin expressed concerns with whether a fence would need to be installed around the pond due to its depth. Mr. Hals didn't believe a fence would be needed due to the slope ratio. He also mentioned that Council should consider whether they want the access from Main Street closed. Parks Commissioner Dave Anderson stated the pond recently installed on Highway 10 on the Cretex property would be an example of a bio-retention pond. Councilmember Motin stated there was also previous discussion of extending the right turn lane on Main Street. Mayor Klinzing stated this is a great opportunity to partner with the Soil and Water Conservation District. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO PARTICIPATE IN THE GRANT AND AUTHORIZE STAFF TO SIGN THE CONTRACT WITH THE SOIL AND WATER CONSERVATION DISTRICT. MOTION CARRIED 5-0. Councilmember Motin would like to revisit whether fencing is needed for this project and to review the Main Street access and the right turn lane with the city engineer after he starts employment with the city. 7.4. Retaining Wall on Main Street East of Norfolk Avenue Mr. Hals presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE REMOVAL AND REPLACEMENT OF THE 230 FOOT RETAINING WALL AND TO USE MODULAR BLOCK WITH THE PROJECT COST REMAINING AT NO MORE THAN $25,960. MOTION CARRIED 5-0. Mr. Simon questioned which contract this project would be completed under. Attorney Beck stated this item should be done as a separate contract. City Council Minutes Page 8 July 19, 2010 7.5. Recluest for No Parking Suns on Lincoln Street This item was removed from the agenda. 7.6. Set Special Meeting to Canvass Primary Election Results MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO CALL A SPECIAL MEETING OF THE CANVASSING BOARD FOR FRIDAY, AUGUST 13, AT CITY HALL AT 8:00 A.M. MOTION CARRIED 5-0. 8. Other Business There was no Other Business. 9. Council Updates Mayor Klinzing read a letter she received from the Mayor of the Ciry of Rochester. The letter expressed thanks to the Elk River Municipal Utilities for mutual aid assistance that was provided after a recent storm in that city. 10. Staff Updates There were no Staff Updates. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:00 p.m. Tina Allard, Ciry Clerk Stephanie Klinzing, Mayor