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03-21-2011 CCM• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 21, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, IT Manager Bob Pearson, Finance Director Tim Simon, Assistant Street Superintendent Mark Thompson, Parks Maintenance Supervisor Rodney Schreifels, Fire Chief John Cunningham, Police Chief Bradley Rolfe, Administrative Police Captain Bob Kluntz, Parks and Recreation Manager Steve Benoit, City Engineer Justin Femrite, and City Clerk Tina Allard Also Present: Planning Commissioner Westberg Parks and Recreation Commissioners Anderson (Dave), Ahlness, and Niziolek 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 Dietz. 2. Consider 3/21/2011 Agenda Mayor Dietz added the following items to the agenda: 8.2. Authorization to Hire Seasonal Lead Clubhouse Attendant 8.3. Consider Appointment of New Library Board Member MOVED BY COUNCILMEMBER MOTIN 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 ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2. RENEWAL OF RETAIL FIRWORKS LICENSE TO CUB FOODS WITH THE FOLLOWING CONDITIONS: a) TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER • MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER. City Council Minutes March 21, 2011 Page 2 b) APPLICANT MUST CONTACT THE FIRE DEPARTMENT AT • 763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN INSPECTION. 3.3. DETECTIVE JOE GACKE TO ATTEND OUT OF STATE TRAINING IN QUANTICO, VIRGINIA. 3.4. RESOLUTION 11-12 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER. 3.5. SPECIAL EVENT PERMIT TO SALK MIDDLE SCHOOL FOR 5K WALK/RUN WITH THE FOLLOWING CONDITIONS: A) APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN- UP. B) NO PAINT ALLOWED ANYWHERE ON TRAILS. CHALK OR CONES MAY BE USED. C) SALK MIDDLE SCHOOL SHALL DESIGNATE RACE MARSHALS TO MONITOR THE RACE ROUTE AND PARTICIPANTS. 3.6. PURCHASE OF 2011 GMC SIERRA 2500 PICKUP AND ACCESSORIES FROM NELSON AUTO CENTER IN THE AMOUNT OF $28,555.48. 3.7. QUOTE FROM QUALITY FLOW SYSTEMS, INC. IN THE AMOUNT OF $ 46,450 PLUS TAX, TO COMPLETE THE REPLACEMENT OF THE CONTROL PANELS AT THE HIGHWAY 10 AND SIMONET LIFT STATIONS. MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. • 5.1. Resolution of Support for Bailey Point Grant-Public Hearing Mayor Dietz noted the Council decision tonight is to authorize moving forward with the grant application process and clarified that the city is not making a decision to purchase the land at this time. He reviewed the discussion that occurred at the Parks and Recreation Commission meeting. Mr. Leeseberg reviewed the project. It was noted this would be a passive park Mayor Dietz opened the public hearing. Chuck Larson 96 Morton Avenue -Stated attention should be given to buffering the area around the neighbors from noise, traffic, and lighting impacts. Lisa Conway, 236 Norfolk Avenue -Stated she looks forward to having the park. Dan Anderson, 209 Norfolk Avenue -Questioned how notice was sent out for the public hearing. Mr. Anderson expressed the following concerns: ^ Cost and design concerns ^ Annual maintenance costs ^ Cost of restoration after spring runoff • ^ Cleanup after large groups use the park ^ Water rescues increasing due to the two rivers City Council Minutes Page 3 March 21, 2011 ----------------------------- ^ Demands by visitors to the park for something new added to it ^ Parking on both sides of Morton, Manor Place, and Norfolk ^ Compatibility of a natural park with the area historical homes ^ Security in the summer over the weekends ^ Buffer area from the homes Ms. Johnson stated notice was published in the official newspaper and surrounding neighbors received a mailed notice. She further stated it was announced at the last Parks and Recreation Comnussion meeting that this item would be on tonight's Council agenda. Charlie Schuldt, 12600 Ridgewood Drive -Stated he is a shareholder of the Elk River Country Club but he is not here representing the board of directors. He stated he is not opposed to Bailey Park but has concerns for the solvenry for the Country Club and asked the city to keep the Club in mind for future purchase if money or a grant is available. Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-13 SUPPORTING A GRAINY APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE PARK LEGACY APPLICATION TO PURCHASE BAILEY POINT. MOTION CARRIED 5-0. 5.2. Lighting Grant for Youth Athletic Complex (YAC)-Public Hearing • Mr. Leeseberg presented the staff report. He stated there would be four fields with lighting plans. He showed samples of the lighting plans and how they would have limited effect on neighboring properties. He stated the project is scheduled to begin November 30, 2011 and the cost would be approximately $490,000 with 50% of funds from a grant and 50% from the public works facility construction project. He noted there would be no assessments to the community. Mr. Leeseberg stated maintenance costs would be about $17,000 a year based on 300 hours of lighting usage over a six month period of time. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Council requested to see a financial analysis weighing the costs of lighting YAC versus building another complex. Mr. Benoit stated some challenges with constructing another complex include locating a building site and additional costs if the complex is not centrally located to YAC. Council questioned how the city would recoup the additional $17,000 in maintenance costs and if the fee scheduled would need to be adjusted quite a bit. Mr. Benoit stated there would be some adjustment in the fee schedule and staff would review various options. Councilmember Motin suggested that some portion of the expanded hours go to in-house programming versus associations and questioned why associations should reap all the benefit at a burden to the city. City Council Minutes March 21, 2011 Page 4 Mr. Benoit stated the extended-hours created at YAC will free up other city complexes for in-house programming and staff will need to complete a further review to determine the best fit for all groups. 5.3. Monitoring Well Placement in Windsor Park Mr. Leeseberg presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE PLACEMENT OF A MONITORING WELL WITH STAFF AND A PARKS AND RECREATION COMMISSIONER TO DETERMINE A WELL LOCATION. MOTION CARRIED 5-0. 6.1. Request by City of Elk River for Ordinance Amendment Regarding General Planning_ Permits and Sections 902 Pertaining to Lighting, Case No. Oa 11-01-Public Hearing Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Motin expressed concern with allowing some permits to be approved for up to 180 days and felt it could be a long time for some permits to operate. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY • COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 11-01 AMENDING THE REGULATIONS PERTAINING TO PARKING LOT LIGHTING AND PRESCRIBING THE PROCESS FOR REVIEW OF GENERAL PLANNING PERMITS, ALL CONTAINED WITHIN SECTION 30 OF THE ELK RIVER, MINNESOTA, CITY CODE. MOTION CARRIED 5-0. 6.2. Request by Trident Polymers. LLC for Conditional Use Permit for Plastics Processing_ Facility in I-1 fight Industrial, Case No. CU 11-04-Public Hearing Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 11-04 AS ILLUSTRATED ON APPLICATION DATED JANUARY 31, 2011 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 DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 3. NO OUTSIDE STORAGE OF DUMPSTERS OR TRAILERS SHALL BE PERMITTED ON THE NORTH OR EAST SIDE OF THE BUILDING. MOTION CARRIED 5-0. • City Council Minutes Page 5 March 21, 2011 ----------------------------- • 6.3. Extension of the Interim Use Permit (IUP) for the Store Building at Wapiti Park. Case No. CU 10-16 Attorney Beck stated the attorney for Wapiti was not able to make it to the meeting tonight because he is sick and further asked that the IUP be extended. Mr. Beck told the Wapiti attorney he can't offer the extension as it is a Council decision. He told the attorney that Council may be more likely to offer an extension if all parties could meet and work toward a resolution of the issues for this IUP. Mr. Beck stated the Wapiti attorney has agreed to meet with staff this Friday. Council noted it was good all parties could come together for a meeting. Council expressed concerns with no progress being made to this point on the conditions set forth in the IUP. They further expressed concerns with extending this IUP any further. Mr. Beck stated another issue for Wapiti is that they have a Consumption and Display Permit that is issued through the State but requires approval from the city. He stated the permit would expire on March 31, 2011. He noted that the application was received last week but was not ready for Council action tonight as the application is incomplete. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO EXTEND THE INTERIM USE PERMIT TO APRIL 4, 2011. Councilmember Motin requested to add to the motion that it be noted that the • Consumption and Display Permit would expire March 31, 2011. The maker and seconder agreed to the amendment. MOTION CARRIED 5-0. 6.4. Direction on Whether to Initiate Revocation of Licluor Licenses for Wapiti Park MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO CONTINUE THIS ITEM TO APRIL 4, 2011. MOTION CARRIED 5-0. 7.1. Mn/DOT Closure of Highway 169 Southbound Bridge over Highway 10 Mr. Femrite presented the staff report. He stated staff has concerns for the amount of traffic and stress that will be on the city road system but worked with Mn/DOT to try and work out the best possible situation. He further stated there will be large traffic problems on the city and state road system. Council expressed concerns with the selected detour routes, congestion, and summer cabin traffic. Discussion was held on changing some of the detour movement from Main Street to Jackson Avenue, which staff will bring back to Mn/DOT for consideration. • MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-14 City Council Minutes March 21, 2011 Page 6 APPROVING AND AUTHORIZING EXECUTION OF MN/DOT DETOUR AGREEMENT NUMBER 98526 FOR THE TRUNK HIGHWAY NO.169 DETOUR. MOTION CARRIED 5-0. 8.1. Replacing the City Cell Phone Use Guidelines Mr. Pearson presented the staff report. Council requested more detailed information on the current number of cell phone users. There was discussion on how the Data Practices Act would affect calls on personal and city issued phones. Staff was directed to amend the policy to make data practices issues clear to employees and to bring the polity back to Council for adoption. 8.2. Consider Tobacco License-Omar Wazwaz DBA/Smokes4Less. 19112 Freeport Avenue Ms. Allard presented the staff report. Rachael Goldberger, attorney for Omar Wazwaz - Stated a ventilation system would be expensive to add to the building and Mr. Wazwaz would be willing to have a condition added that says smoking wouldn't be allowed in the tobacco shop. She requested the Council amend the ordinance in order to allow this shop location to be grandfathered in from having to meet the 500 foot setback requirement because it was already in business when the ordinance was amended in 2008. Mr. Beck noted that this situation is different from a zoning situation in that there are no • non-conforming use rights and a new licensee would be required to comply with the ordinance. He stated this is a polity decision for the Council and if they want to issue a new license they would have to amend the ordinance. Council was agreeable to amending the ordinance but didn't want any new shops to be within the 500 feet of schools/parks. Council directed staff to come back with an amendment in order to allow this particular tobacco shop to be able to operate at its current location with new licensees. 8.3. Authorization to Hire Lead Clubhouse Attendant Ms. Johnson presented the staff report. Councilmember Moon expressed concerns with the $15 per hour pay rate and felt it was the top of the pay scale and would have no ability to pay increases. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE THE HIRING OF DOUGLAS DAHL AS A SEASONAL LEAD CLUBHOUSE ATTENDANT AT $15 PER HOUR BEGINNING TUESDAY, MARCH 22, 2011. MOTION CARRIED 5-0. 8.4. Consider Appointment of New Library Board Member MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT NICOLE NOVOTNY TO THE LIBRARY BOARD TO DECEMBER 31, 2012. MOTION CARRIED 5-0. City Council Minutes March 21, 2011 • 9. Other Business There was no other business. 10. Council Updates There were no Council updates. 11. Staff Updates There were no staff updates. Page 7 Prior to adjournment Mayor Dietz read a statement from the agenda noting Council would be going into a closed session in order to discuss litigation regarding the Elk River landfill pursuant to MN Statute 13D.05. 12. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:15 p.m. ~-~, . Tina Allard, City Clerk r J J. ietz, r •