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09-20-2010 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 20, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Finance Director Tim Simon, Economic Development Assistant Annie Deckert, City Engineer Justin Femrite, Environmental Administrator Rebecca Haug, City Attorney Peter Beck, and CitSl Clerk Tina Allard Also Present: Planning Commissioner Johnson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk Rig=er City Council was called. to order at 6:30 p.m. by Mayor K]inzing. 2. Consider 9/20/2010 Agenda Councilmember Motin added a moratorium ordinance as Item 8.1 Other Business. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 SEPTEMBER 7, 2010 MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.4. JOINT POWERS AGREEMENT BETWEEN THE ELK RIVER POLICE DEPARTMENT AND THE DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION FOR THE USE OF CRIMINAL JUSTICE DATA COMMUNICATIONS NETWORK. 3.5. PURCHASE OF AN UNMARKED SQUAD CAR 3.6. QUOTES RECEIVED FOR THE MAIN STREET RIGHT HAND TURN LANE PROJECT AS OUTLINED IN THE STAFF REPORT. 3.7. SPECIAL EVENT PERMIT TO BUFFALO WILD WINGS FOR OCTOBER 3, 2010 WITH THE FOLLOWING CONDITIONS: • CitS~ Council D-linutes Page 2 September 20, 2010 1. APPLICANT SHALL PROVIDE ENOUGH PORTABLE TOILET FACILITIES THROUGH A PRIVATE CONTRACTOR TO ACCOMMODATE THE EXPECTED ATTENDANCE. 2. APPLICANT SHALL COMPLY WITH ALL REQUIREMENTS OF THE FIRE MARSHAL. 3. APPLICANT SHALL PROVIDE FOR GARBAGE CLEAN-UP IMMEDIATELY FOLLOWING THE EVENT. 4. APPLICANT MUST OBTAIN PROPERTY OWNER PERMISSION. MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open l~Zike. 5.1. Great River Energy Award Recognition for Continued Support of the Elk River Resource Recovery Project Tim Steinbeck, Resource Recovery Manager, presented the Mayor with a plaque for recognition and support of the Resource Recovery Project. The Mayor expressed thanks to GRE. 5.2. En~r~v City High Fives and Business Recycling Event Ms. Haug outlined the Energy City High Five program. She noted the first business recycling event will be held September 30, 7:30 a.m. to 9:30 a:m,. at Great River Energy. She stated the event will demonstrate to businesses how they can save money on energy conservation and recycling. She mentioned the following businesses receiving High Fives awards. ^ Gregory Optical ^ Vision Transportation ^ Elk River Golf Course • Sharon Lutheran • Dares Funeral Home ^ North Central Insurance Agency • Andy's Electric 5.3. Reauest by Americas for Conditional Use Permit for Outdoor Storage of Protiane Tank at Tractor Supply. Case No. CU 10-17 Public Hearing Mr. Barnhart presented Mr. Leeseberg's 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 APPOVE CONDITIONAL USE PERMIT, CASE NO. CU 10-17 TO AMERIGAS WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE FIRE MARSHALL MEMO DATED AUGUST 3, 2010 SHALL BE ADDRESSED. City Council Minutes Page 3 September 20, 2010 ----------------------------- 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 3. THE PROJECT SHALL MEET ALL FIRE CODES. MOTION CARRIED 5-0. Councilmember Motin suggested staff consider changing the definition of gasoline due to changes in technology. Mr. Barnhart stated they could look at this when another request comes forward. 5.4. Request by Phoenix Entemrises for Conditional Use Permit to Amend the Northbound Crossing PUD Agreement to Allow Institutional Uses Case No CU 10-18, Public Hearin 5.5. Request by Elk River Lutheran Church for Interim Use Permit for Church Facilit;- at 19437 Evans Street, Case No. CU 10-19, Public Hearin Mr. Barnhart presented his staff report for these ttivo items. Mayor Klinzing opened the public hearing for both items. John Froelich, Council President for the Church -Stated they are looking to get an interim use permit. Mayor Klinzing closed the public hearings. • MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE A PERMIT, CASE NO. CU 10-18 TO AMEND THE PLANNED UNIT DEVELOPMENT AGREEMENT TO ALLOW INSTITUTIONAL USES AS A CONDITIONAL USE IN PARCELS IN THE NORTHBOUDN CROSSINGS WHICH IS GOVERNED BY THE HILLSIDE CROSSING II PUD AGREEMENT. Attorney Beck asked staff for clarification on whether this is an Interim Use Permit or Conditional Use Permit request. Staff stated the applicant originally requested a conditional use permit but staff recommends an interim use permit. THE MAKER AND SECONDER OF THE MOTION WERE AGREEABLE TO AMEND THE MOTION IN ORDER TO SPECIFY THE APPROVAL IS FOR AN INTERIM USE PERMIT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE INTERIM USE PERMIT CASE NO. CU 10-19 TO ELK RIVER LUTHERAN CHURCH AT 19437 EVANS STREET FOR UP TO 5 YEARS SUBJECT TO THE FOLLOWING CONDITIONS: 1. INTERIM USE PERMIT SHALL EXPIRE DECEMBER 31, 2015 OR WHEN ELK RIVER LUTHERAN VACATES THE SITE, WHICH EVER OCCURS FIRST. City Council Minutes September 20, 2010 Page 4 2. AS THIS INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR AND RECEIVE ALL REQUIRED PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 4. APPROVAL OF THE PLANNED UNIT DEVELOPMENT AGREEMENT AMENDMENT AUTHORIZING INSTITUTIONAL USES AS A CONDITIONAL USE (CU 10-18). MOTION CARRIED 5-0. 5.6. Request by The Depot of Elk River LP (Duffy Development) for Resolution Approving an Easement Vacation. Case No. EV 10-01 Public Heating 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 MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 10-49 FOR VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 10-01. MOTION CARRIED 5-0. 5.7. Ordinance Amendment by GRE to Rezone Proberty from R3 (Town_h_o_use/Multiple Famil Residential) to I1 (bight Industrials Case No ZC 10 08 Public Hearin Continued from August 16.2010 Mr. Barnhart noted the a licant has withdraw pp n this request. 5.8. Fall Cleanup Week Proposed Fee Schedule Ms. Haug presented the staff report. There was discussion on advertising. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE CLEAN-UP FEE SCHEDULE OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 6. Public Works There were no public works items. 7.1. Mark Bezek_ ISD 728 Superintendent-Information on District Levies Dr. Bezek reviewed the school levies that will be on the November election ballot. 7.2. Ordinance Amending Section 2-12 Relating to Membership of the Heritage Preservation Commission Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-16 City Council Minutes September 20, 2010 Page 5 AMENDING SECTION 2-212 OF THE ELK RIVER CITY CODE RELATING TO THE HERITAGE PRESERVATION COMMISSION. MOTION CARRIED 5- 0. Other Business 8.1. Consider Interim Ordinance Placing Moratorium on Acceptance of New Applications or the Approval of Pending Applications for Conditional Use Permits or Amendments to Existing Conditional Use Permits for Mineral EYCavation Activities Councilmember Motin stated Tiller Corporation has questioned whether the city has the ability to impose conditional uses in the mineral excavation overlay district. He stated the city may want to review the conditional use provisions of the city ordinances and further noted there is an application pending at staff level. Attorney Beck stated Tiller has taken the position that the city must approve all conditional use permit requests in the mineral excavation area without any restrictions/conditions because the city has an overlay zoning district specific to mineral excavation. Attorney Beck stated Tiller believes that because the city doesn't have specific standards in its ordinance for mineral excavation then it is not allowed to use the general conditional use permit standards and therefore must approve all conditional use permit requests. Attorney Beck stated this is of concern to the city because the basis for the regulatory scheme for the mining area, since the preparation of the mining plan and the Environmental Impact Statement, and the adoption of the existing ordinance in 1982, has been to allow the mining activitST but ensure it is consistent with future development for that area of the city. He stated if the city loses the ability to regulate through the conditional use permit process in order to provide for appropriate buffers, elevations for roads and all the items that will make the area developable in the future, that this would be contrary to the city's 30 year old goals for this area. Attorney Beck stated he didn't want to render an opinion on Tiller's comments but that they merit some analysis by staff so he recommended implementing the proposed moratorium. MOVED BY COUNCILMEMBER GUMPRHEY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT INTERIM ORDINANCE 10-17 PLACING A MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS OR THE APPROVAL OF PENDING APPLICATIONS FOR CONDITIONAL USE PERMITS OR AMENDMENTS TO EXISTING CONDITIONAL USE PERMITS FOR MINERAL EXCAVATION ACTIVITIES. MOTION CARRIED 5-0. Council Updates There were no Council Updates. 10. Staff Updates Park,~~ and Recreation Director • CitS~ Council Minutes September 20, 2010 Page 6 Ms. Johnson noted Parks and Recreation Commissioner Anderson wouldn't be able to make the previously scheduled interview dates and questioned Council about rescheduling the dates for the Parks and Recreation Director position. It was Council consensus to schedule the interviews for October 4, 2010. Visioning and Goals I~Ts. Johnson provided an update to Council on the management visioning sessions. She reviewed the following categories that were defined by staff: ^ Transportation/Trails/Connectivity • Marketing Elk River • Curb Appeal • Vision Consistent with Our Values • Partnerships ^ CIP (Communication Improvement Plan) Growth Management Plan Councilmember Motin stated staff is on track with his thoughts of the city's vision but he wants to make sure the image/curb appeal of the city extends to what visitors outside the city think of Elk River. Ms. Johnson agreed stating that was also staff's intent. 4. Open Mike- Re-opened Chad Alder, President and Owner of Cherished Wings -Stated he wants to bring a veteran's hotel to Elk River. It was noted that Mr. Alder would need to work with staff and that the owner of the subject property would need to complete an application for this request. Ms. Johnson noted that Planning staff had met with a citizen on this request but that Mr. Alder could leave his contact information for an update by city staff. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:29 .m. -~:/i- Tina Allard, City Clerk Stephan Klinzing, Mayor: