Loading...
08-16-2010 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL • MONDAY, AUGUST 16, 2010 Members Present: Mayor I{linzing, Councilmembers Zerwas, Motin, and Gumphrey Members Absent: Councilmember 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 Conunissioner Chad Westberg 1. Call Meeting To Order Pursuant to due call and natice 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. t 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 Page 2 August 16, 2010 ----------------------------- 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 Wilson) 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 Property from R3 ~I"ownhouse/Multiple Family Residential) to I-1 (Light Imo), Case No. ZC 10-08 -Public Hearing Mr. Barnhart presented the staff report. • Mayor Klinzing opened the public hearing. City Council Minutes August 16, 2010 Page 3 • James Macheledt, 205 15t 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. Councilmembers 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 maybe 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. Councilmember Motin stated he wouldn't be in favor of allowing access onto Carson Street and would prefer GRE 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 (I'UD) 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 Moon 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 by City 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 Hearin 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. Councilmember Moon 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 residenry. 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 Hearin 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 Equipment 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. 2011 Budget 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. Parks 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 Page 7 12. Staff Updates Parks and Recreation 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 1 0 p.m. ~~ ~.... ~.., f' ~,., Tina Allard, City Clerk GVkr~~ Stephanie Klinzing, Mayor •