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3.1. DRAFT MINUTES 09-07-2010MEETING OF THE ELK RIVER CITY COUNCIL HELDMONDAY, AUGUST 2, 2010 ALL ~ ~~ ~~ Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, Gumphrey, and Moon Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Recreation Manager Steve Benoit, City Attorney Peter Beck, Finance Director Tim Simon, Human Resources Representative Lauren Wipper, Building Maintenance Supervisor Gary Lore, IT Manager Bob Pearson, and City Clerk Tina Allard Also Present: Planning Commissioner Chad Westberg 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 08/02/2010 Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 7/19/10 COUNCIL MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. SOLICITOR LICENSE TO TOM PEARSON, JOHN PEDERSON CONSTRUCTION, INC. VALID TO DECEMBER 31, 2010. 3.4. MASSAGE THERAPIST LICENSE TO AMY WHITE MOUNTAIN FOR SIMONSON'S SALON VALID TO DECEMBER 31, 2010. 3.5. ADOPT ORDINANCE 10-12 OF THE CITY OF ELK RIVER AMENDING CHAPTER 30 OF THE ELK RIVER, MINNESOTA CITY CODE TO ADD A NEW INDUSTRIAL ZONING DISTRICT, THE I-3 GENERAL INDUSTRIAL ZONING DISTRICT, AND TO IDENTIFY THE USES ALLOWED AND ARCHITECTURAL STANDARDS APPLICABLE IN THE I-3 DISTRICT. 3.6. ADOPT RESOLUTION 10-42 AUTHORIZING EXECUTION OF AGREEMENT OF TRAFFIC ENFORCEMENT GRANTS IN REGARDS TO CRASH AND SAFE AND SOBER CAMPAIGNS. MOTION CARRIED 5-0. 4. Omen Mike City Council Minutes August 2, 2010 Page 2 Elk River Utilities Commissioner John Dietz discussed a complaint received by Councilmember Motin regarding utility rates in Elk River. He distributed a letter from Utility Superintendent Troy Adams to the complainant and noted the letter offered comparisons of rates between Elk River Utilities and other local utility companies. He noted Elk River Utilities was in line with surrounding communities. Commissioner Dietz stated the Elk River Utilities is called upon many times by the Minnesota Municipal Utility Association to assist other communities. Commissioner Dietz discussed the quick response time of Elk River Utilities during a recent storm in Elk River. He noted the utility company who owned the lines couldn't make it to the site for 6-8 hours but that ERMU was able to respond quickly to restore power. Andy Fischer, 13231 182°d Lane -Handed out photographs of the prairie grass plantings at the intersection of Hudson Avenue and Orono Parkway. He expressed visibility concerns with vehicles that sit lower to the ground being unable to see the intersection clearly. Paul Sheets, 1766 5~ Street -President of the Lake Orono Improvement Association - Discussed the dredging study and curly leaf pond weed projects for Lake Orono. Dredging Study Mr. Sheets stated the study was to be a cost-share project between the Association, the City, and the County with a total project estimate of $5,000. He stated the Association is requesting $2,000 from the city for the study. He stated the last dredging study was done approximately 11 years. ago and the plan was that the lake wouldn't need to be dredged again for 20-30 years. He stated the study would help determine if they can wait for the full 20 year span to dredge again or whether they may need to do something sooner due to some silting that is occurring on the lake now. He noted if they need to dredge they would need to find a place to store the silt and costs would be much higher this time around. He stated they are seeking out options that are less costly based on early intervention. There was discussion on which fund the money should be taken from to help pay for the study. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE $2,000 FROM COUNCIL CONTINGENCY FOR COST SHARE PARTICIPATION IN A LAKE ORONO DREDGING STUDY. MOTION CARRIED 5-0. Curly Leaf Pond lY~eed Mr. Sheets stated the Association would like to draw down the lake in order to kill off some of this invasive weed. He stated the Association has gotten 75% of the riparian landowner's signatures on a petition and that a public hearing is required at the city level before the Department of Natural Resources (DNR) can authorize the draw down. City Council Minutes August 2, 2010 Page 3 Ms. Johnson stated the DNR will verify the signatures. Ms. Johnson discussed the required process in order to draw down the lake. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO SET A PUBLIC HEARING DATE OF TUESDAY, SEPTEMBER 7, 2010, FOR THE DRAW DOWN OF LAKE ORONO IN ORDER TO REDUCE THE CURLY LEAF POND WEED. MOTION CARRIED 5-0. Councilmember Motin stated he would like more information provided for both these projects. 5.1. Bailey Point Ms. Johnson noted this item was requested to be delayed as discussed in her staff report. 5.2. Request by Wapiti Park (Lorraine White) for Interim Use Permit, Case No. CU 10-16 - Public Hearine Mr. Barnhart presented the staff report noting staff and the Planning Commission's recommendation. Tricia Joy Herom, 510 Canterbury Lane, Moses Lake Washington -Stated she has been camping at Wapiti for 12 months. She read a letter to the Council stating she felt the city was trying to force the campground out of business. Adam Kaatz, 1907 E. Wayzata Blvd. -Representing Wapiti stated he sent an email late today, which he proceeded to summarize. He noted there have been no adverse comments against Wapiti. Mr. Kaatz stated the conditions suggested in the Staff Report are unfair, pre-empted by state law or take away from Wapiti's right to a legal non-conforming use. He stated only one condition (that the approval is valid for 10 years) has anything to with the building. He stated Conditions 2-4 have nothing to do with the building and are governed by statutes and the MN. Department of Health. He stated having the business close down for two months takes away from their right as a legal non-conforming use. Mr. Kaatz stated the condition regarding Wapiti compliance with all nine conditions of their 1984 permit is not legal with respect to issuing a conditional use permit for a legal non- conforming use. He requested the Council approve the permit for Wapiti subject only to the conditions that were outlined in the 2000 permit. He also requested the permit be valid for 30 years due to the structure of the building being to specifications of 40-50 years. Katryna Kish, 518 113 Avenue, Coon Rapids -Stated she is opposed to Condition # 5 regarding the two month closure of Wapiti. Mark Olson, 18788 Yankton Street -Stated he is opposed to the closure of Wapiti. He stated some people need to live in trailers because it's all they can afford and the city should help Wapiti. He stated some parks ask campers to move from one spot to another but are never asked to shut down. City Council Minutes August 2, 2010 Page 4 Alisha Kish, 518 113~h Avenue, Coon Rapids -Stated she has camped at Wapiti for 12 years. She stated her family camps at Wapiti and her kids now go to the Elk River School District. She stated she had to live at Wapiti for six months during hard times. She stated she is opposed to closing Wapiti during the winter months. Angel Hardy -Stated her driver's license has a Wapiti Park Campground address because she drives a school bus and delivers pizza's and has to have an address on her license. She stated she is opposed to closing Wapiti down. Joe Gordon, 2112 North Lake, Fort Worth, Texas -Stated he stays at Wapiti for 5-6 months at a time. He stated he has Wapiti as his address because the State of Minnesota requires him to have a license after being in the State for more than 30 days. He stated he is opposed to closing Wapiti down for any length of time. Michael Clopping, 18540 Troy Street -Stated he is opposed to closing Wapiti. He stated concerns with the maintenance of his road if Wapiti is closed down as they are currently keeping the road maintained. Kim Satavich 518 113th Avenue, Coon Rapids -Stated she has never had any safety concerns for her children at Wapiti. She stated she is opposed to shutting down Wapiti. Chris Kish, 518 113" Avenue, Coon Rapids -Stated he is opposed to closing down Wapiti during the winter months. Mayor Klinzing closed the public hearing. Attorney Beck explained the state law defined terms for recreational camping area and recreational camping vehicles. Mr. Barnhart stated it isn't the goal of staff to shut down Wapiti. He indicated that staff, in working with the applicant, didn't come to an agreement on how to measure that people staying at Wapiti are only there on a temporary basis. He noted this has been a consistent issue and stated the two month closure is the easiest option for staff to monitor compliance. Council agreed they had no issue allowing year-round camping but there has to be other options for making sure permanent residents are not living at Wapiti because it is a recreational camping facility. Council agreed that the outstanding violations need to be taken care of and expressed safety and welfare concerns. Attorney Beck noted there are many areas in which the city enforces state. regulations. He stated the city has the authority to regulate a licensed campground in the interest of public health, safety, and welfare. Councilmember Gumphrey questioned if there were any structures that needed to be removed. Mr. Barnhart stated several structures have exposed plumbing and additions attached to campers. Mayor Klinzing stated many of the people speaking tonight are describing their residence and not a campground. She stated this is an issue because Wapiti is a campground and not a mobile home park. She noted state law says recreational camping facilities can't be City Council Minutes August 2, 2010 Page 5 permanent residences. She discussed the police report with the 440 calls out to Wapiti and noted some examples such as a meth lab, numerous assaults, a campfire injury, raw sewage leaks, exploding camper, and a newborn baby staying with their parent in a tent during the winter. She expressed safety and welfare concerns due to these police calls. She stated she would like to see Wapiti come into compliance and the city needs to ensure that there aren't permanent residents staying at the campground. Attorney Beck stated there are other options but they may require the city getting involved more in Wapiti's business than both sides would like. He suggested Wapiti adopt rules governing length of stay and submit a plan to the city with evidence of compliance on a periodic basis. He stated Wapiti has a history ofnon-compliance over many years. He stated Wapiti hasn't complied with the conditions imposed for the last 20 years so another solution should be worked out. He stated staff is willing to work with the applicant and encourages Wapiti to come forward with a plan to address the permanent residenry issue. Councilmember Motion questioned if a condition should be added thatrequires a plan be submitted to the city demonstrating compliance with non-residenry at a recreational camping facility. Attorney Beck stated the best solution would be for Council to review and approve a plan as he felt acceptance at staff level would be too much delegation. He suggested giving the applicant an opportunity to bring a plan to Council. He noted this was suggested to the applicant at staff level. Mr. Beck further noted the city is not trying to put Wapiti out of business but have been trying to work with the applicant to ensure state law and interim use permit compliance. He expressed concerns with vehicles not complying with building codes and noted these codes are designed to protect people from public health, safety, and welfare issues. Councilmember Gumphrey suggested adding a condition that a plan must be in place by January 1, 2011, so that the interim use permit can be approved tonight to accommodate Wapiti. Councilmember Moon further suggested a condition stating the permit shall terminate if there is not an agreeable plan in place that verifies that the property is not able to be used for year-round residential purposes. Attorney Beck suggested the Council issue the permit with an expiration date of January 1, 2011. He stated the city would have to begin a revocation process if the permit was approved for 10 years and an acceptable plan never came forward. Councilmember Motin suggested the interim use permit be based on a time specific event. Then if the event didn't occur, the permit would automatically terminate. There was discussion on the conditions and how they should be organized. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE AN INTERIM USE PERMIT FOR WAPITI PARK CAMPGROUND, INC., CASE NO. CU 10-16 WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. City Council Minutes August 2, 2010 Page 6 2. THE INTERIM USE PERMIT SHALL BE VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. IN ADDITION THE INTERIM USE PERMIT SHALL TERMINATE JANUARY 1, 2011, IF THE FOLLOWING ITEMS HAVE NOT BEEN COMPLETED: A. A VERIFIABLE PLAN HAS BEEN APPROVED BY THE CITY COUNCIL THAT WILL ENSURE PERMANENT RESIDENTS WILL NOT LIVE AT THE RECREATIONAL CAMPING FACILITY. B. AN INSPECTION HAS VERIFIED THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL; C. STAFF HAS APPROVED A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE; D. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN ; E. THE APPLICANT HAS PROVIDED EVIDENCE THAT IT IS IN COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR; F. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 HAVE BEEN REMOVED; AND G. THE APPLICANT IS IN FULL COMPLIANCE WITH THE NINE CONDITIONS OF THE 1984 CONDITIONAL USE PERMIT, AS FOLLOWS: 1) THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. WHITE AND THE CITY OF ELK RIVER FOR ACCESS FOR THE PROPERTY; 2) THAT THE NUMBER OF CAMPSITES WITHIN THE PROPERTY BE ESTABLISHED AT 109, WITH 20 TENT SITES AND THAT NO ADDITIONAL CAMPSITES BE PERMITTED; 3) THAT THE HOURS OF THE CAMPGROUND OPERATION BE FROM 8 AM TO 11 PM; 4) THAT ONLY MINOR MAINTENANCE AND REPAIR OF RECREATIONAL VEHICLES WHICH IS RESTRICTED TO CUSTOMERS OR CAMPERS ON THE SITE BE PERMITTED AT THE WAPITI FACILITY; 5) THAT THE STORE AND RESTAURANT ON THE EXISTING SITE BE USED PRIMARILY FOR INDIVIDUALS UTILIZING THE CAMPGROUND FACILITY AND THAT THE STORE AND RESTAURANT NOT BE EXPANDED; City Council Minutes Page 7 August 2, 2010 ----------------------------- 6) THAT THE PERMIT BE REVIEWED EVERY TWO YEARS; 7) THAT THE HORSES HOUSED AT THE SITE BE KEPT IN SUCH A MANNER THAT THEY DO NOT PROVIDE A NUISANCE TO ANY NEIGHBORING PROPERTY AS DEFINED IN THE CITY'S NUISANCE ORDINANCE; 8) THAT THE PROVISIONS OF THE MINNESOTA DEPARTMENT OF HEALTH RULES AND REGULATIONS PERTAINING TO RECREATIONAL CAMPING AREAS AND REFERRED TO AS MDH 187, AND THE PROVISIONS OF MINNESOTA STATUTE 327.10 THROUGH 327.28 PERTAINING TO RECREATIONAL CAMPING AREAS AND RECREATIONAL CAMPING VEHICLES SHALL APPLY AND BE CONDITIONS WITHIN THE CITY'S CONDITIONAL USE PERMIT; AND 9) THAT THE WHEELS MUST REMAIN ON VEHICLES PARKED IN CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES. MOTION CARRIED 5-0. A. Consider Liquor Licenses Ms. Allard presented the staff report and noted the licenses should also be contingent on Condition #2 of the Wapiti interim use permit discussed above. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE 3.2. PERCENT ON SALE AND 3.2. PERCENT OFF SALE LIQUOR LICENSES, AND A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. WITH THE CONDITION THAT THE FOLLOWING CONDITIONS OF INTERIM USE PERMIT, CASE NO. CU 10-16, MUST BE MET BY JANUARY 1, 2011 OR THE LIQUOR LICENSES MAY BE REVOKED: A. A VERIFIABLE PLAN HAS BEEN APPROVED BY CITY COUNCIL THAT WILL ENSURE PERMANENT RESIDENTS WILL NOT LIVE AT THE RECREATIONAL CAMPING FACILITY. B. AN INSPECTION HAS VERIFIED THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. C. STAFF HAS APPROVED A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE; D. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN ; E. THE APPLICANT HAS PROVIDED EVIDENCE THAT IT IS IN COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR; City Council Minutes August 2, 2010 Page 8 F. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 HAVE BEEN REMOVED; AND G. THE APPLICANT IS IN FULL COMPLIANCE WITH THE NINE CONDITIONS OF THE 1984 CONDITIONAL USE PERMIT, AS FOLLOWS: 1) THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. WHITE AND THE CITY OF ELK RIVER FOR ACCESS FOR THE PROPERTY; 2) THAT THE NUMBER OF CAMPSITES WITHIN THE PROPERTY BE ESTABLISHED AT 109, WITH 20 TENT SITES AND THAT NO ADDITIONAL CAMPSITES BE PERMITTED; 3) THAT THE HOURS OF THE CAMPGROUND OPERATION BE FROM 8 AM TO 11 PM; 4) THAT ONLY MINOR MAINTENANCE AND REPAIR OF RECREATIONAL VEHICLES WHICH IS RESTRICTED TO CUSTOMERS OR CAMPERS ON THE SITE BE PERMITTED AT THE WAPITI FACILITY; 5) THAT THE STORE AND RESTAURANT ON THE EXISTING SITE BE USED PRIMARILY FOR INDIVIDUALS UTILIZING THE CAMPGROUND FACILITY AND THAT THE STORE AND RESTAURANT NOT BE EXPANDED; 6) THAT THE PERMIT BE REVIEWED EVERY TWO YEARS; 7) THAT THE HORSES HOUSED AT THE SITE BE KEPT IN SUCH A MANNER THAT THEY DO NOT PROVIDE A NUISANCE TO ANY NEIGHBORING PROPERTY AS DEFINED IN THE CITY'S NUISANCE ORDINANCE; 8) THAT THE PROVISIONS OF THE MINNESOTA DEPARTMENT OF HEALTH RULES AND REGULATIONS PERTAINING TO RECREATIONAL CAMPING AREAS AND REFERRED TO AS MDH 187, AND THE PROVISIONS OF MINNESOTA STATUTE 327.10 THROUGH 327.28 PERTAINING TO RECREATIONAL CAMPING AREAS AND RECREATIONAL CAMPING VEHICLES SHALL APPLY AND BE CONDITIONS WITHIN THE CITY'S CONDITIONAL USE PERMIT; AND 9) THAT THE WHEELS MUST REMAIN ON VEHICLES PARKED IN CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES. MOTION CARRIED 5-0. 5.3. Ordinance Amendment Relating to Hunting and Shooting Near Parks and Trails Mr. Benoit presented Mr. Leeseberg's staff report. City Council Minutes August 2, 2010 Page 9 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-13 OF THE CITY OF ELK RIVER AMENDING SECTION 50-117 OF THE CITY CODE OF ORDINANCES RELATING TO HUNTING AND SHOOTING NEAR PARKS AND TRAILS. Councilmember Motin requested the following language change to Section 5 (d): A request in writing to hunt in these areas may be approved by the Police Chief or his designee if the person requesting is either the landowner or has received permission from the landowner and the hunting can be done in a safe manner. Granted reauests require that the hunter(s) be issued a special permit which shall be disulaved at all times while hunting on the permitted property THE MAKER AND SECONDER OF THE MOTION WERE AMENDABLE TO THE CHANGE TO THE ORDINANCE. MOTION CARRIED 5-0. 5.4. Discuss Council Worksession Agendas Ms. Johnson presented the staff report. Councilmember Zerwas stated he would prefer to hear the Bailey Point item on the September 13 agenda. Ms. Johnson will check with the property owner to see if his schedule would for this date. Council asked to be notified of the date for this item ahead of time. 6. Other Business There was no other business. Council Updates There were no Council updates. 8. Staff Updates Ms. Johnson reminded Council of the joint meeting with the Sherburne County Board. Ms. Johnson provided an update on the Parks and Recreation Director open position. Mayor Klinzing recessed the meeting at 8:07 p.m. in order for Council to move to the Upper Town Conference Room for a budget Worksession. Recess to Budget Worksession Mayor Klinzing reconvened the meeting at 8:15 p.m. City Council Minutes August 2, 2010 Page 10 Ms. Johnson presented the staff report. The budgets and goals for Administration, Council, Cable, Human Resources, Information Technology, Finance, Planning Division, and Building Maintenance were reviewed. Administration Budget Council asked to set the Volunteer Dinner budget at $6,000 as aplace-holder at this time in order to see how it will fit with the full budget figures. Information Technology MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE THE PURCHASE FOR A MICROSOFT SOFTWARE UPDATE IN THE AMOUNT OF $40,000 FROM THE 2010 BUDGET. MOTION CARRIED 5-0. Building Maintenance Mr. Lore stated a grant opportunity recently became available that could decrease the utility costs for the City Hall building and asked for authorization to proceed with the application process. It was Council consensus for staff to apply for the grant. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:20 p.m. Tina Allard, City Clerk Stephanie Klinzing, Mayor DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 9, 2010 Members Present: Mayor Klinzing, Councilmembers Westgaard, Gumphrey, and Motin Members Absent: Councilmember Zerwas Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Assistant Street Superintendent/Fleet Committee Chair Mark Thompson, Accountant Lori Stich, Chief of Police Jeff Beahen, Fire Chief John Cunningham, Street Superintendent Phil Hals, Parks Supervisor Rodney Schriefels, City Engineer Justin Femrite, Police Captain Brad Rolfe, Police Captain Bob Kluntz Also Present: Elk River Fire Relief President Scott Schmitt and Elk River Fire Relief Secretary Bob Pearson 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 08/09/2010 Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 3. Otien Mike No one was present for open mike. 4. Worksession 4.1. 2011 Budget Ms. Johnson presented the staff report. The 2011 Fleet Committee purchases were reviewed by Fleet Committee Chair Mark Thompson. Mr. Simon reviewed the financing of equipment. The Council agreed with the purchases as proposed. The budgets and goals for streets, snow removal, equipment services, police, fire, and emergency management were reviewed. Streets Budget Staff discussed the current MSA allocation for street maintenance stating it is currently at five percent but could increase to 25 percent. Mr. Femrite stated he has been in contact with MnDOT regarding changing the allocation. The City has until December to make the change. Ms. Johnson stressed the importance of maintaining the City's existing City Council Minutes August 9, 2010 Page 2 infrastructure and recommended that the allocation be increased for the next few years since there are no pending street projects. The Council agreed and requested staff bring this back for final consideration at a future meeting. Srroav Kemoval The plow was removed from the budget and transferred to the Equipment Replacement Fund. The Council agreed to add $15,000 in overtime plus benefits to be used only for snow removal. Equi~iment Services Staff reviewed the budget. Engineering Staff reviewed the engineering tech position and discussed the need to update and improve the GIS and pavement management systems. Police The Kronos software purchase was discussed. The Council agreed to keep the request in the budget for now, but to transfer it to the Human Resource budget. Chief Beahen stated that a change to ProPhoenix software as requested by the County would save $20,000 per year. Fire Staff explained the proposed change in the formula used to charge Otsego for fire service. The Council agreed to change the formula as requested by staff. Scott Schmitt and Bob Pearson, representing the Elk River Fire Relief Association, reviewed a change in the Relief pension data that caused an increase in the minimum City contribution for 2011. The Council agreed to add $8,500 to the budget to cover the required contribution. Councilmember Gumphrey questioned Mr. Schmitt and Mr. Pearson about the pension policies and investments. Chief Cunningham reviewed his staff report on expanding the duty officer program. The Council agreed to consider the program and saw the benefits of the program. Emergency Management Chief Cunningham indicated that one siren will be replaced in 2011. 4.2. Council Open Forum There were no items for discussion under Council open forum. 5. Other Business There was no other business. 6. Council Updates Councilmember Gumphrey requested that the Fire Relief Association review other forms of pension plans and present a report back to the Council. City Council Minutes Page 3 August 9, 2010 Staff Ugdates There were no staff updates. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:50 p.m. Tina Allard, City Clerk Stephanie Klinzing, Mayor DRAFT SPECIAL JOINT MEETING OF THE ELK RIVER CITY COUNCIUCOUNTY BOARD OF COMMISSIONERS HELD AT THE SHERBURNE COUNTY GOVERNMENT CENTER TUESDAY, AUGUST 10, 2010 City Council Present: Mayor Klinzing, Councilmembers Motin and Westgaard City Council Absent: Councilmembers Zerwas and Gumphrey City Staff Present: City Administrator Lori Johnson, Environmental Administrator Rebecca Haug, City Engineer Justin Femrite, County Board Present: Commissioners Farber, Leonard, Schmiesing, Petersen, and Riebel County Staff Present: County Administrator Brian Bensen, Deputy County Attorney Therese Galatowitsch, Public Works Director John Menter, Deputy County Administrator Luci Botzek, County Administrator Staff Member Donna Primus, Accredited Assessor Greg Olson, Certified Assessor Specialist Theresa Quinn, County Assessor Gerald Kritzeck 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 9:00 a.m. by Mayor Klinzing. This was followed by a moment of silence and the Pledge of Allegiance to the Flag. 2. Toint Meeting Ms. Johnson opened by thanking the Sherburne County Board and staff for hosting the joint meeting. She then went over the items the City Council wished to discuss and asked if there were other items to be added to the agenda. The County Board did not have additional items. A joint meeting between the County Board and City of Elk River was held with the following agenda: ^ Update on County Transportation Plan ^ Board of Equalization Assessor Update ^ Pedestrian Trail Funding for Trails Along County Roads ^ Household Hazardous Waste Facility ^ Park Funding ^ Transportation from the Northstar Station to Locations within the City Mr. Menter was present to discuss the County Transportation Plan that was adopted three years ago. The following issues were discussed: ^ County Roads within the city limits, possible turn-backs and pedestrian trails. ^ Intersection of Line Avenue and County Road 12 for pedestrian approach issues. ^ County Road 33 extension to Anoka County. City Council Minutes Page 2 August 10, 2010 Overlay on CR77 (Proctor) and the intersection with Highway 10. Mn/DOT will be included in this project. CR 12 issues; a soils investigation is planned for this area. Mr. Kritzeck was present to answer any questions concerning Board of Equalization follow- up. The City Council requested that a meeting be scheduled a week or two in advance of this meeting to discuss legislative information so the Council is informed of issues that may be of concern to residents. The County and City discussed future efforts regarding legislative issues they can work together on. Ms. Johnson indicated that she attended a MnDot Mississippi River Bike Trail meeting. Currently the trail is not on this side of the Mississippi and at the meeting she requested they"'' add the section from the river bridge in Monticello on to the County Roads connecting to downtown Elk River. Mr. Femrite will continue working with MnDot on this issue. Ms. Johnson stated securing linking trails through the City and County is an important goal as it furthers economic development and becomes a destination for tourists. The City's trail project along County Road 13 was discussed including a request for Countyparticipation. It was indicated that trails were requested by residents along CR 32 and CR 44. The County stated it does not fund trails, but will stripe wider shoulders. Mayor Klinzing discussed the City's plans fox a trail from downtown Elk River to Babcock park continuing on to the NorthStar depot. Mr. Bensen gave an update on the County's efforts to complete acquisition of parcels to complete the Great Northern Trail from the Elk River City limit to the County line in Princeton. The City stated its interest in having a household hazardous waste facility located nearby to provide more convenient service to residents. Ms. Haug stated she receives many calls requesting a HHW facility be located closer to Elk River. Currently, the County facility is in St. Cloud and it is not convenient for most residents. The County Board questioned if more frequent clean-up days for HHW would be helpful. All agreed they would, but that a permanent facility would be the best. The County and City agreed to work together to provide better service and site a facility in the east side of the County. Ms. Johnson stated that the City and County have been working together to market the NorthStar commuter rail. One of the issues that often comes up is transportation from the depot and whether RiverRider is available to provide services in both Big Lake and Elk River for commuters. Commissioners Farber and Leonard are on the RiverR.ider board and will bring this up at the August 17 meeting. Discussion was held regarding juvenile crime issues in the city. Ms. Galatowitsch provided an update on initiatives in the County Attorney's Office. Mr. Bensen provided an update on the merger of the public health and social service departments. 3. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:03 a.m. Tina Allard, City Clerk Stephanie Klinzing, Mayor DRAFT SPECIAL MEETING OF THE ELK RIVER CANVASSING BOARD HELD AT THE ELK RIVER CITY HALL FRIDAY, AUGUST 13, 2010 Members Present: Mayor Klinzing, Councilmembers Moon and Westgaard Members Absent: Councilmembers Gumphrey and Zerwas Staff Present: City Clerk Tina Allard Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council acting as the Canvassing Board was called to order at 8:00 a.m. by Mayor Klinzing. 2. Canvass Results of General Election The August 13, 2010 primary election results fox the Mayoral race were reviewed. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 10-43 APPROVING THE ABSTRACT OF VOTES CAST IN THE PRECINCTS IN THE CITY OF ELK RIVER, STATE OF MINNESOTA AT THE PRIMARY ELECTION HELD TUESDAY, AUGUST 10, 2010. MOTION CARRIED 3-0. 3. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:10 a.m. Tina Allard City Clerk Stephanie Klinzing Mayor MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 16, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, and Gumphrey Members Absent: Councilxnember Westgaard Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Engineer Justin Femrite, Human Resources Representative Lauren Wipper, City Attorney Peter Beck, and City Clerk Tina Allard Also Present: Planning Commissioner Chad Westberg 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 8/16/2010 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 3. Consider Consent Agenda Mayor Klinzing questioned check number 81610 titled overpayment of gravel tax. Mr. Simon stated the county made a calculation error and over paid the city for the gravel tax and requested a refund of the overpayment amount. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.3. PYROTECNIC DISPLAY LICENSE TO RES SPECIALTY PYROTECHNICS, INC. VALID SEPTEMBER 2 AND 17 AND OCTOBER 1 AND 15. 3.4. RESOLUTION 10-44 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS (DOVE TREE APARTMENTS PROJECT), SERIES 2010, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF UP TO $4,000,000, AS WELL AS THE SUBORDINATE MULTIFAMILY HOUSING REVENUE NOTE (DOVE TREE APARTMENT PROJECT) SERIES 2010, IN THE ORIGINAL AMOUNT OF UP TO $3,000,000; AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE BONDS AND NOTE 3.5. SOLICITOR LICENSE TO PAUL KEARNEY, ELK RIVER EXTERIORS VALID THROUGH DECEMBER 31, 2010. City Council Minutes August 16, 2010 Page 2 3.6. RESOLUTION 10-45 REMOVING PARCEL 75-409-0740 FROM THE SPECIAL ASSESSMENT ROLL FOR THE 2010 MAIN STREET REHABILITATION PROJECT. MOTION CARRIED 4-0. 4. Open Mike Russell Kostreba (and Ryan), 15930 Jarvis Street -Stated he would like to resolve landscaping and erosion control plan issues from their conditional use permit for mini storage. He reviewed the Council minutes and conditions from his permit approval. He stated it is cost prohibitive to plant large diameter trees. He also stated they would like to come to an agreement on an erosion control plan that isn't costly. He stated he would prefer to do the original erosion control plan he completed incorrectly in the past. Ms. Johnson stated staff is trying to work with the applicant but that staff can't change the ordinances or conditions approved by Council. She suggested meeting in worksession to work out the issues. It was consensus to schedule this item for the October worksession meeting. 5.1. Art Bench for Downtown Chris Wilsonl Ms. Wilson requested to place two large boulders in the downtown area for an art bench. She stated she received a grant for part of the project and is applying for another one to complete the seating portion of the bench with fabricated metal. She stated the city could use the boulders for another project if the second grant isn't received. She requested the city remove a bush and install mulch in the area where the bench would be placed. Mayor Klinzing suggested some other greenery be placed near the bench to soften the area. She questioned if limestone, similar to the rock on the Babcock Trail, could be used instead of the boulders. Councilmember Zerwas concurred regarding the greenery. Ms. Wilson stated she checked on the pricing of the limestone and it cost about $2,000. whereas she was able to get the boulders for $200. Councilmember Motin felt the project would be more art than functional seating. He questioned what the completed bench would look like and whether it could be put in another location. He noted the Arts Alliance may not remain in the adjacent building. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO DIRECT STAFF TO REMOVE THE BUSH AND INSTALL MULCH ON THE SITE IN ORDER TO MOVE FORWARD WITH THE ART SCULPTURE BENCH. MOTION CARRIED 4-0. 6.1. Ordinance Amendment by GRE to Rezone Pro~ert~from R3 ('T'ownhouse/Multiple Family Residential) to I-1 Light Industrial) Case No. ZC 10-08 -Public Heating Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. City Council Minutes August 16, 2010 Page 3 James Macheledt, 205 15Y Street -Expressed concerns with property values. He expressed concerns with the permitted uses that would be allowed on the property and requested language in the ordinance requiring a buffer between the GRE parcel and adjacent residences. Mr. Barnhart stated the permitted uses would be reviewed at staff level during the site plan review process. Mayor Klinzing closed the public hearing. Mayor Klinzing stated the current zoning of high density residential would create higher traffic counts on Carson Street so it would make sense to rezone the property for GRE's use. She also stated some type of buffer should be included. Councilmember Motin referred to the TH 169 Geometric Plan and stated Carson Street would most likely be closed and traffic directed to Evans Avenue down to 2nd Street if an overpass is built. He stated he didn't believe an I-1 zone district between residential and commercial districts is a good move. He stated the city should consider the future development of the area. It was noted GRE has indicated they plan to use the land for storage but they aren't bound by that and may consider other permitted uses without needing city approval. Counciltnembers Gumphrey and Zerwas concurred regarding the buffer as some of the permitted uses would have an impact on the existing residential neighborhood. Attorney Beck stated it would be considered conditional zoning to require buffering when it hasn't been agreed to by the applicant which could be problematic. Rick Heurig, 12300 Elk Creek Circle, Maple Grove -Stated GRE is seeking the rezoning and nothing additional at this time. He stated GRE's focus for the property may be to the south due to the narrowness of the lot. He stated GRE will do what's necessary in order to be a good neighbor. Counciltnember Motin stated he wouldn't be in favor of allowing access onto Carson Street and would prefer G]tE use the access on their existing property. Mayor Klinzing suggested waiting on the rezoning until GRE came back with a proposed plan for the property. Attorney Beck suggested Council continue this item if they wish to deny it in order for staff to prepare a resolution with findings. He noted staff would need direction on the findings for denial. Councilmember Zerwas suggested continuing this item in order to give GRE time to consider application for a conditional use permit. Attorney Beck stated there may be other options to consider such as a Planned Unit Development (PUD) but it would raise issues on whether the PUD should apply to the entire GRE campus. City Council Minutes August 16, 2010 Page 4 Mr. Heurig was agreeable to a continuance in order to look at alternative solutions but stated GRE was not prepared to move forward with the conditional use permit as they don't know when they will need to use the parcel for storage purposes and had concerns about conditional use permit expirations. Attorney Beck stated the conditional use permit expiration could be addressed with a condition recognizing that this project is different. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THIS ITEM TO SEPTEMBER 20, 2010. MOTION CARRIED 4-0. Councilmember Motin stated he would like portions of the TH 169 Geometric Pan as it relates to this item to be part of the staff report. 6.2. Ordinance Amendment b~Ciry of Elk River to Rezone Property from I-1 (Light Industrial) and I-2 (Medium Industrial) to I-3~General Industrial), Case No. ZC 10-07 -Public Hearrn~ Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. Cullen McClowan, 16038 Jarvis Street -Stated he would like to see some uses allowed that aren't in the proposed zoning district. He questioned why signage would not be allowed for retail uses. He stated his property currently wouldn't meet the 10,000 sq. ft. requirement. He questioned if the ordinance is legal where it states a conditional use permit will expire upon this zone change or when property ownership changes and referred to MN Statute 46.357 which discusses non-conforming protections. He stated Item #17 (referring to an earlier mailing he received about creating the I-3 District) allows for temporary structures in I-2 but questioned if it is allowed in the I-3 district. He expressed concern with government regulation going from 16 permitted uses to 27 conditional uses and he would like to see more permitted uses. He further expressed concerns with city fees and made comparisons to the City of Ramsey. Mayor Klinzing closed the public hearing. Mayor Klinzing stated there wasn't a reduction in the number of permitted uses allowed but that they were transferred from two zone districts to the new zoning district. Mr. Barnhart stated accessory retail sales (as a part of some uses) may be appropriate and that signage restrictions are intended to make sure the accessory retail use will not become a retail center. He stated there is a provision in the I-1 district that certain uses need a caretaker's residence so there is a square footage size requirement. He noted there are some non-conforming properties in the zoning district that are allowed to remain forever unless there is something that triggers a change. Mr. Barnhart stated temporary structures are allowed in the new I-3 district. Councilxnember Motin questioned the statute regarding conditional use permits expiring when the property is abandoned or sold versus the city's six month lapse in using the permit. He questioned if it is in city ordinance that when property ownership is transferred the conditional use permit becomes invalid. City Council Minutes August 16, 2010 Page 5 Attorney Beck stated city ordinance is specific to the caretaker's residence and means a conditional use permit to allow a dwelling for a particular business that needs a caretaker is unique to that business and doesn't establish a right to a residence if the business type changed. He noted state law would pre-empt city ordinance if they are inconsistent. Mayor Klinzing suggested Mr. McClowan discuss with staff his issue regarding residency. Attorney Beck stated rezoning to I-3 tonight would not change Mr. McClowan's issue. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-14 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM I-1 (LIGHT INDUSTRIAL) AND I-2 (MEDIUM INDUSTRIAL) TO I-3 (GENERAL INDUSTRIAL), CASE NO. ZC 10-07. MOTION CARRIED 4-0. 6.3. Ordinance Amendment by City of Elk River Relating to Definitions for Signs. Case No. OA 10-08. Public Hearing 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 ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-15 AMENDING SECTION 30-1 OF THE CITY CODE OF ORDINANCES RELATING TO SIGNAGE DEFINITIONS. MOTION CARRIED 4-0. 6.4. Update on State Supreme Court Decision Regarding Variance Interpretations Attorney Beck provided an update of a recent Supreme Court decision regarding variances. He stated there is a strict test for the reasonable use factor that limits variance opportunities. He noted there are two different standards in state law for cities and counties and that the League of Minnesota Cities is working with realtors and developers to propose the county standard be adopted by the legislature because it is not as restrictive. 7.1. Modification to Main Street an Old Northbound Liquor Store Site Mr. Femrite presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE CLOSURE OF THE ACCESS AT 50 MAIN STREET AND FOR STAFF TO OBTAIN QUOTES FOR EXTENDING THE RIGHT HAND TURN LANE AT THE NORTHEAST CORNER OF MAIN STREET AND HIGHWAY 169. MOTION CARRIED 4-0. 8.1. Street and Eq_uinment Services Divisions Compensatory Time Payout Date Change Ms. Wipper presented her staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO CHANGE THE DATE FOR THE City Council Minutes August 16, 2010 Page 6 CARRYOVER OF COMPENSATORY TIME FOR STREET AND EQUIPMENT SERVICES DIVISION EMPLOYEES TO OCTOBER 31 EACH YEAR. MOTION CARRIED 4-0. Mayor Klinzing recessed the meeting at 8:10 p.m. 9. 2011_ Bude~et Mayor Klinzing reconvened the meeting at 8:15 p.m. Ms. Johnson presented the staff report. The budgets and goals for the Parks and Recreation Department were reviewed. Activity Center Councilmember Motin noted it may be unlikely that the carpet can be replaced from the 2011 budget. Park r Maintenance Budget Councilmember Motin questioned if staff keeps a list of contractors that have performed poor work for the city such as on the trail paving projects. Ms. Johnson stated the trail problems tend to be more of a design issue rather. than a construction issue. Kecreation It was noted staff would do more marketing of the YMCA free passes for residents. Discussion was held on marketing and how the city could get information to school children for programming. Ice Arena There was discussion on the vessel replacement goal for the arena. Staff is to review this item further and come back to Council with recommendations. Mayor Klinzing suggested borrowing money from the fund balance. Pinewood There was discussion on increasing program participation. 10. Other Business Independence Day Event Mr. Simon reviewed the invoices submitted by the American Legion on behalf of the Independence Day Committee for their July 4 fireworks event. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO PAY $1,963.36 TO THE AMERICAN LEGION. MOTION CARRIED 4-0. 11. Council Updates There were no Council Updates. City Council Minutes August 16, 2010 12. Staff Updates Page 7 Parks and Kecreation Director Position Ms. Johnson provided an update on the Parks and Recreation Director applications and interview process. It was Council consensus that staff bring back not less than two candidates for Council consideration. Mayor Klinzing recessed the meeting at 9:35 p.m. in order for Council to go into closed session. 13. Closed Meeting-Purchase of Property Members Present: Mayor Klinzing, Councilmembers Zerwas, Gumphrey, and Motin Members Absent: Councilmember Westgaard Staff Present: City Administrator Lori Johnson, 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 9:40 p.m. by Mayor Klinzing. The purpose of the closed session was to discuss the purchase of the following parcels pursuant to MN Statute 13D.05, Subd. 3 (c): ^ 75-404-0160 ^ 75-405-0540 ^ 75-405-0545 ^ 75-405-0550 14. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:00 p.m. Tina Allard, City Clerk Stephanie Klinzing, Mayor