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3.1. DRAFT MINUTES 08-01-2011DRAFT SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 27 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard and Motin Members Absent: None Staff Present: Finance Director Tim Simon, City Attorney Peter Beck, Planning Manager Jeremy Barnhart, Police Chief Brad Rolfe, Fire Chief John Cunningham, and City Clerk Tina Allard Also Present: Attorney George Hoff 1. Call Meeting To Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 7:08 p.m. by Mayor Dietz. 2. Wapiti Park Campground, Inc. Continued from June 20, 2011 A. Conditional Use Permit Attorney Beck handed out a draft resolution regarding the conditional use permit for Wapiti Park Campground. He noted the Council held a public hearing last week regarding the revocation of this permit, then directed staff to come back with a resolution for revocation of the permit. Attorney Beck recommended the action on this resolution be continued to July 18, 2011 so representatives of Wapiti Park have a chance to review and comment on the resolution and any other party can put on the record any additional comments. He suggested the. record be held open for the submission of additional written material until July 11, 2011. He stated this is not a situation in which there is a deadline for action to be taken. He stated Council should pass on any additional comments to staff by July 18. He noted that the resolution the revocation effective date set in the resolution is December 31, 2011. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO CONTINUE CONSIDERATION OF THE RESOLUTION REGARDING THE CONDITIONAL USE PERMIT FOR WAPITI PARK CAMPGROUND TO JULY 18, 2011 AND TO LEAVE THE RECORD OPEN FOR THE SUBMISSSION OF WRITTEN MATERIALS TO JULY 11, 2011. MOTION CARRIED 5-0. B. Liquor Licenses Ms. Allard presented the staff report. She discussed the resolution outlining the findings of fact for non-renewal of Wapiti Park Campgrounds 3.2 Percent On and Off Sale licenses. Ms. Allard noted that the $225 fee for the 3.2 Percent Off-Sale license hadn't been paid so the application is incomplete. She stated Wapiti Park no longer has a valid interim use permit and MN Statute Chapter 340A and Elk River City Code provide that the city may not issue a liquor license to a premises which is an illegal use. Ms. Allard stated per the draft resolution of findings that the renewal of the licenses wouldn't be in the public interest and is not City Council Minutes June 27, 2011 Page 2 consistent with the public health, safety, and welfare due to public safety concerns at the campground. She highlighted the police report calls and some of the incidents that have occurred at the campground. Ms. Allard asked the Council to review the draft resolution. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-38 REGARDING NON-RENEWAL OF THE 3.2 PERCENT ON-SALE AND 3.2 PERCENT OFF-SALE LIQUOR LICENSES FOR WAPITI PARK CAMPGROUND, INC. DBA/WAPITI PARK CAMPGROUND. MOTION CARRIED 5-0. 3. Review City Administrator Position Profile Springsted Incorporated Consultant Sharon Klumpp presented her report as provided in the packet. Council made various changes to the community information. Council consensus was to set the salary range with a maximum rate of $125,000. 4. Conduct Interim City Administrator Interviews Candidates for interim city administrator were interviewed. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO OFFER THE INTERIM CITY ADMINISTRATOR POSITION TO BOB THISTLE. MOTION CARRIED 5-0. It was Council consensus that the interim administrator work not less than 30 and no more than 40 hours per week. 5. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 9:40 p.m. John J. Dietz, Mayor Tina Allard, City Clerk DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, JULY I I, 201 I Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and Zerwas Members Absent: None Staff Present: Interim City Administrator Bob Thistle, Finance Director Tim Simon, Director of Economic Development Annie Deckert, Planning Manager Jeremy Barnhart, Human Resources Representative Lauren Wipper, Accountant Lori Stich, Environmental Administrator Rebecca Haug, Street Superintendent Phil Hals. Assistant Street Superintendent Mark Thompson, City Engineer Justin Femrite, Fire Chief John Cunningham, and City Clerk Tina Allard Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:45 p.m. by Mayor Dietz. 2. Consider Council Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. EXECUTION OF A TRANSFER AGREEMENT FOR THE DELANO MUNICIPAL UTILITIES CAPX2020 BROOKINGS-TWIN CITIES TRANSMISSION PROJECT SHARE. MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. 5.1. Authorization to Initiate a Conditional Use Amendment to Amend the Planned Unit Development Agreement for Trott Brook Farms -continued from July 5 2011 Mr. Barnhart presented the staff report and discussed the options Council could consider. Mayor Dietz questioned the notification process. Ciry Council Minutes Page 2 July 11, 2011 Mr. Barnhart stated that because Trott Brook is organized under the Planned Unit Development (PUD) Agreement everyone in the development must be notified of any variance application. Council questioned if there are any issues with the city approving this appeal process because PUD's are negotiated with developers and neighborhood associations enforce them. Mr. Barnhart stated, per the city attorney, completing a published notice affords an opportunity to speak on the issue. He stated the city can initiate changes but not without going through the Conditional Use Permit public hearing process first. Council consensus was there should be an ability for an appeal process but the costs should be shared. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMHREY TO ALLOW THE APPLICANT TO BEGIN THE CONDITIONAL USE PERMIT PROCESS AND FOR STAFF TO START THE PROCESS TO AMEND THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR TROTT BROOK FARMS. MOTION CARRIED 5-0. 5.2. Fire Relief Update Scott Schmidt, Fire Relief President, presented the staff report. Brian McKnight with Wealth Management Group stated they have taken over the management of the fire relief's investments in 2010. He stated the offer a special niche service for relief associations. He further stated they invest in less aggressive funds which allows for more consistency during market shifts and based on past history with other relief associations. 5.3. Public Works Facility Update Mr. Simon presented the staff report. Pam Anderson, 292 Group, reviewed the proposed floor plan of a new public works facility. Mark Wentzell, 292 Group, reviewed the building elevations, materials, exterior design and lighting. Brian Recker, 292 Group, discussed the proposed timetable for completion of the project. He noted the project could be completed by December/January of 2012 if the proposed timeline is followed and Council decides to move forward with Phase II. He noted the project would cost between $637,000-$685,000 for Phase I. Councilmember Gumphrey questioned if street staff would be participating in assisting with some of the work for this project. Mr. Simon stated the Public Works Facility Committee is currently evaluating it. Councilmember Motin expressed concern with keeping the existing 25 year old building. City Council Minutes July 11, 2011 Page 3 Ms. Anderson stated the structure is precast concrete and very solid. She stated the roof will be replaced once the addition is completed. She noted the mechanical systems were currently under review. Councilmember Gumphrey stated he is in favor of moving ahead on both phases of the project due to construction pricing being good. Councilmember Westgaard stated he agreed with moving forward as long as the project stayed on budget. Council consensus was to continue to move forward with the project. 5.4. Branding and Marketing Update Mayor Dietz requested a report be presented at a future meeting regarding progress in attracting restaurants and whether any other staff is involved in the process. Ms. Deckert had prepared a report and updated the Council on current activity. She discussed the site selection criteria on the website, the SAC/WAC program, the microloan program, cold-calling, and direct mail marketing. She noted many restaurants are focusing more on remodeling and updating of existing restaurants or analyzing whether to close some locations. 5.5. City Volunteer Program Update Ms. Wipper presented the staff report as to where staff is at with the volunteer program and requested direction from Council. She noted many of the current opportunities are being filled through RSVP. Mayor Dietz requested staff to advertise for volunteer opportunities in the city's newsletter. Ms. Wipper noted staff would also be advertising with The Volunteer Bridge, on cable, and the city website. Mayor Dietz stated he is working on finding a "volunteer" volunteer coordinator and would try to work on a story with the newspaper. Mayor Dietz questioned if there would be an application process. Ms. Wipper stated there would be an application that asks for the volunteer's interest and availability. She stated the volunteer coordinator could match up the position available to the volunteer. She stated a volunteer handbook needs to be completed and could be a good project for the volunteer coordinator. She also stated background checks and liability waivers have to be determined for each position. Mayor Dietz questioned if volunteers could begin right away without the handbook. Councilmember Gumphrey stated he would like to see the handbook completed first and he also wants to make sure the city has checked into the liability issues. City Council Minutes July 11, 2011 Page 4 Councilmember Westgaard stated the position descriptions should list the requirements such as the background check, a confidentiality statement and liability waivers. It was noted that the city attorney would draft the volunteer handbook Councilmember Gumphrey expressed concerns with the amount of staff time being utilized for managing volunteers as noted at the previous EDA meeting. Council suggested periodic updates from staff to gauge whether the program is working but then further noted that staff should have latitude to decide which volunteer opportunities are working or should be eliminated. 5.6. Street Division Restructurin Mr. Hals and Mr. Thompson presented the staff report. There was much discussion on whether the fleet maintenance division should be a separate division under the Public Works Department but no decision was made to separate them at this time. Council concurred that they don't want the city engineer to act as an interim public works director. Councilmember Motin stated they were previously told the engineer and public works director position could be combined as one. He stated that after the position was combined staff requested a city engineer be hired. Council consensus was that the divisions under Public Works need to meet on a regular basis and work together so they don't have to approach the city administrator as often. Mr. Thistle noted there are currently 18 direct reports to the city administrator and that this would be a good opportunity to try the city engineer as an interim public works director on a short term basis to see how the process will work. Council stated it may be more appropriate to review this when a city administrator is hired. Mr. Hals noted the city engineer has been assisting all the departments when needed. Mayor Dietz suggested the Parks employees work with the Street employees to prioritize plowing roads and then the Streets employees could assist with trail plowing afterwards. Council felt the two departments needed to work together and share equipment. It was noted that the city comparison in the staff report was not accurate due to different variables and couldn't be compared to Elk River staffing. Council stated they had no issue with hiring a laborer in August but that the rest of the positions will need to be reviewed with the budget. Council consensus was to add the laborer to the next meeting agenda as a consent item. Councilmember Gumphrey stated he would like a Snow Plan in place by mid-October. City Council Minutes Page 5 July 11, 2011 5.7. 2012 Budget Discussion • Public Works ^ Storm Water Management ^ Fire Department Mr. Simon presented the staff report. Staff discussed their requested budget and goals. Mayor Dietz requested that Ms. Haug prepare a best case and worst case scenario regarding the storm water management mandated impacts. 5.8. North American Joint Purchasing Program It was Council consensus to move forward with reviewing this program. 5.9. Council Open Forum Councilmember Zerwas stated he would like to start an employee recognition program that recognizes an employee of the month. He suggested the program be administered by department heads and that the Council each donate $120 to a fund where a gift card could be purchased for the employee. Mayor Dietz stated he talked with the city attorney who didn't believe there was an issue with this type of program. He noted that the funds could not come out of Council paychecks and he didn't think that department heads could be eligible for consideration. He further stated he would like to see department heads included in the recognition. Councilmember Motin stated he liked the idea but expressed concerns about having a uniform selection process. Council concurred that they liked the idea and consensus was to pursue working with the city attorney on general guidelines. He suggested that the department to be recognized be rotated each month. Councilmember Gumphrey expressed concerns regarding current street department structure and questioned whether the hours of the street superintendent could be better utilized. Councihnember Westgaard stated the city is getting value from the experience of the street superintendent and his mentoring of the Assistant Street Superintendent. Mayor Dietz concurred. 6. Other Business Mr. Thistle stated staff would bring back a report regarding the impact of the state shutdown and stated the Council may see an ordinance that addresses an issue with the hold up of building projects due to not having an electrical inspector. Mayor Dietz questioned if this is an issue for the county fair and directed staff to review the situation. City Council Minutes July 11, 2011 Council Updates There were no council updates. 8. Staff Updates There were no staff updates. 9. Adjournment Page 6 There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:10 p.m. Tina Allard, Ciry Clerk John J. Dietz, Mayor EMERGENCY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL WEDNESDAY, JULY 13, 201 I ~ ~~~~ Members Present: Mayor Dietz, Councilmembers Zerwas and Westgaard Members Absent: Councilmember Motin and Gumphrey Staff Present: Interim City Administrator Bob Thistle, Finance Director Tim Simon, Building Official Bob Ruprecht, and City Clerk Tina Allard Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:04 p.m. by Mayor Dietz. 2. Ordinance Authorizing the Citv to Pernvt and Inspect for Electrical Inspections and Commercial Plumbing Plan Reviews Within the City and for Adoption of a Contract for Electrical Inspections Mr. Ruprecht presented the staff report. Discussion was held on how fees would be handled and it was noted that the Department of Labor and Industry is challenging whether cities have the authority to perform plumbing reviews. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 11-03 AMENDING CHAPTER 30 ARTICLE II OF THE ELK RIVER CITY CODE OF ORDINANCES TO ADD NEW SECTION 30-85 PROVIDING FOR INSPECTION OF ELECTRICAL INSTALLATIONS WITHIN THE CITY OF ELK RIVER, AND NEW SECTION 38-86 PROVIDING FOR PLUMBING PERMITS, APPROVAL OF PLANS AND SPECIFICATION, AND INSPECTIONS OF THE PLUMBING. MOTION CARRIED 3-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE CONTRACT ATTACHED IN THE STAFF REPORT FOR ELECTRICAL INSPECTION SERVICE BY A CONTRACTOR. MOTION CARRIED 3-0. 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 6:09 p.m. Tina Allard, City Clerk John J. Dietz, Mayor DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 18, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: Interim City Administrator Bob Thistle, Finance Director Tim Simon, Planning Manager Jeremy Barnhart, Planner Chris Leeseberg, City Attorney Peter Beck, Environmental Administrator Rebecca Haug, Recreation Manager Steve Benoit, Engineer Justin Femrite, Director of Operations Troy Adams, Chief of Police Brad Rolfe, Captain Bob Kluntz, Captain Ron Nierenhausen, and Senior Administrative Assistant Jennifer Johnson Also Present: Planning Commissioner Dana Anderson 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 07/18/2011 A eg nda Councilmember Westgaard wished to add an item to Other Business. Councilmember Motin requested that item 7.2. be moved and renumbered to 6.8. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA WITH THE ADDITIONAL CHANGES. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 COUNCIL MINUTES • JUNE 20 REGULAR • JUNE 27 CLOSED #1 • JUNE 27 CLOSED #2 • JULY 5 REGULAR 3.2. CHECK REGISTER 3.3. SPECIAL EVENT PERMIT AMENDMENT -BROADWAY BAR AND PIZZA 3.4. ADOPT RESOLUTION 11-39 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER POLICE DEPARTMENT City Council Minutes July 18, 2011 Page 2 3.5. ADVERTISEMENT OF BIDS FOR THE PUBLIC WORKS FACILITY - BID PACKAGE 1 3.6. AUTHORIZATION TO BEGIN HIRING PROCESS FOR STREET DIVISION LABORER 3.7. ADOPT RESOLUTION 11-40 AUTHORIZING EXECUTION OF AN AMENDMENT FOR TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT BY AND BETWEEN THE CITY OF ELK RIVER AND JACOBS (QUALITY LABEL) MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. 2011 Street Improvement Project • Assessment -Public Hearing • Resolution Adopting Final Assessment Roll • Resolution Awarding the Bid and Authorizing Execution of the Contract Councilmember Motin recused himself from this item, noting that he owned two properties in the proposed project area, although Mr. Beck commented that state law didn't require him from doing so. Mr. Femrite presented the staff report. Mayor Dietz opened the public hearing. Dennis Meemken, representing Dynetic Systems at 19128 Industrial Blvd., presented a written objection which was passed out to the council before the meeting started. He objected to the formula used for calculating the amount of assessment to each business in the Industrial Park, stating it was unbalanced and not fair. Catheryn Bloom, 408 2nd Street NW, objected to the proposed improvements on 2nd Street from Railroad Drive to the cul-de-sac east of Evans Avenue. She stated her concerns with city vehicles using this road. She presented a written objection to the recording secretary. John Lenz, 12655 Industrial Blvd., representing J&J Machine, didn't feel the formula used for calculating the amount of assessment to the businesses in the Industrial Park was fair. There being no one else to speak, Mayor Dietz closed the public hearing. Mr. Femrite explained the process for configuring the assessment amounts on properties in the Industrial Park, noting the many variables involved. He stated the costs of doing this project are lower than the amount they received in 2010 due to the contribution of State funding, funding which wasn't available in 2010. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE RESOLUTION 11-41 ADOPTING THE ASSESSMENT ROLL IN THE MATTER OF THE 2011 STREET City Council Minutes Page 3 July 1 s, 201 i IMPROVEMENT PROJECT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 11-42 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT BY AWARDING THE 2011 STREET IMPROVEMENT PROJECT TO REDSTONE CONSTRUCTION IN THE AMOUNT OF $1,431,095.72. MOTION CARRIED 4-0. COUNCILMEMBER MOTIN RECUSED HIMSELF. 5.2. Request by Vanman Companies on behalf of The Crossing Church for a Building_ Expansion. 829 School Street Case No Cu 11-06 -Public Hearing Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, he closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE REQUEST BY VANMAN COMPANIES ON BEHALF OF THE CROSSING CHURCH FOR A BUILDING EXPANSION AT 829 SCHOOL STREET WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY PLANNER LETTER DATED JUNE 28, 2011 SHALL BE ADDRESSED. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS, INCLUDING APPROVALS FROM THE FIRE CHIEF, CITY ENGINEER, AND BUILDING OFFICIAL. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE RESIDENTS. 4. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL CONTINUE TO BE MAINTAINED. 5. LINE OF SITE DRAWINGS SHALL BE PREPARED TO ILLUSTRATE THE ROOF TOP UNITS WILL BE SCREENED FROM ADJACENT PUBLIC AREAS, INCLUDING LIONS PARK, AND SCHOOL STREET, AND JACKSON AVENUE. 6. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE PROVIDED TO ENSURE COMPLIANCE WITH GRADING, EROSION CONTROL, DRAINAGE, UTILITY, HARD SURFACE, AND LANDSCAPING REQUIREMENTS PRIOR TO THE RELEASING OF THE BUILDING PERMIT. MOTION CARRIED 5-0. 5.3. Request by Guardian Angels for a Conditional Use Permit to Amend the Planned Unit Development Agreement for Guardian Angels West 13439 - 185 Ave NW, Case No Cu 11-09 -Public Hearing City Council Minutes Duty ls, zo11 Mr. Barnhart presented the staff report. Page 4 Mayor Dietz opened the public hearing. There being no one to speak, he closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE REQUEST BY GUARDIAN ANGELS WEST, 13439 -185TH AVE. NW WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS, INCLUDING APPROVALS FROM THE FIRE CHIEF, CITY ENGINEER, AND BUILDING OFFICIAL. 2. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL CONTINUE TO BE MAINTAINED. 3. THE 1998 LANDSCAPING PLAN MUST BE VERIFIED AND PLANTINGS REPLACED AS NECESSARY. MOTION CARRIED 5-0. 5.4. Request by Spectrum High School for an Interim Use Permit to Extend Their Existing IUP for aWrestling/Fitness Facility at 17834 Industrial Circle, Case No CU 11-10 -Public Hearln~ Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, he closed the public hearing. Councilmember Westgaard requested clarification of the hours of use, noting the narrative provided by Rick Peterson of Spectrum High School stated he would like students to be available to use the space from 8:30 a.m. to 3:30 p.m. Mr. Peterson stated the room contained fitness equipment and requested the ability for the physical education teacher to sporadically teach students to use the strength equipment during the normal school hours of 8:30 a.m. to 3:30 p.m. Mr. Leeseberg stated it could be added as a condition. Councilmember Westgaard stated concerns with transferring students between buildings in an industrial park. Mr. Leeseberg stated the buildings were adjacent and there was a sidewalk the students could use. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE REQUEST BY SPECTRUM HIGH SCHOOL FOR AN INTERIM USE PERMIT TO EXTEND THEIR EXISTING IUP FOR AWRESTLING/FITNESS FACILITY AT 17834 City Council Minutes Page 5 July 18, 2011 INDUSTRIAL CIRCLE WITH THE FOLLOWING CONDITIONS: 1. INTERIM USE PERMIT SHALL EXPIRE AUGUST 15, 2012. 2. AS AN INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS, INCLUDING APPROVALS FROM THE FIRE CHIEF, CITY ENGINEER, AND BUILDING OFFICIAL. 3. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL CONTINUE TO BE MAINTAINED. 4. DUE TO THE INDUSTRIAL NATURE OF THE NEIGHBORHOOD, THE SCHOOL RECOGNIZES THAT NOISE, ODORS, TRUCK TRAFFIC, AND OTHER UNDESIRABLE EFFECTS MAY BE PRESENT. 5. HOURS OF OPERATION WOULD BE MONDAY THROUGH FRIDAY, 8:30 A.M. TO 5:30 P.M. THROUGHOUT THE SCHOOL YEAR. MOTION CARRIED 5-0. 5.5. Reouest by Devin Peterson (Peterson Construction) on Behalf of Thai Buddhist Center of Minnesota for a Conditional Use Permit for Institutional Use in R1a Zonin District 10863 - 208th Avenue. Case No. Cu 11-08 -Public Hearin Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. Chris Friedman, 6630 Mohawk Drive, Chanhassen, stated his wife is a Thai Buddhist and attends events at the Thai Buddhist Center, and he has also attended some events. He disputed the e-mail from Joseph and Christine Thorndal, stating there were no gongs and there weren't 100's of cars present during events. He stated they hold quiet, peaceful gatherings and major events usually draw no more than 60-80 people. On a day-to day basis, there are usually around 5 people who visit the center to feed the monks. There being no one else to speak, Mayor Dietz closed the public hearing. Councilmember Gumphrey requested that a drainage and grading plan be added as a condition. Councilmember Dietz had visited the property earlier that day and noted the area is heavily wooded. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE REQUEST BY DEVIN PETERSON (PETERSON CONSTRUCTION) ON BEHALF OF THAI BUDDHIST CENTER OF MINNESOTA FOR A CONDITIONAL USE PERMIT FOR INSTITUTIONAL USE IN R1A ZONING DISTRICT, 10863 - 208Tx AVENUE WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS. 2. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL BE SATISFIED IN PERPETUITY. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. City Council Minutes July 18, 2011 Page 6 4. PARKING LOT IMPROVEMENTS SHALL PROVIDE FOR ADA COMPLIANCE PARKING SPACES, A 24-FOOT WIDE DRIVE AISLE, AND CONCRETE CURBING AND SHALL BE APPROVED BY STAFF PRIOR TO ANY CONSTRUCTION. 5. AN ADDRESS NUMBER. MUST BE DISPLAYED AT THE ENTRANCE TO THE PROPERTY. 6. NO MORE THAN THREE FREESTANDING ACCESSORY STRUCTURES MAY BE PROVIDED (E.G. SHED, GAZEBO, AND INSTITUTIONAL SPACE). 7. GRADING AND DRAINAGE PLAN TO BE APPROVED BY THE CITY ENGINEER. MOTION CARRIED 5-0. 5.6. Request by City of Elk River for Ordinance Amendment to Chapter 30 -Land Development Regulations Article VI -Zoning Division 2 Administration and Enforcement Subdivision II -Appeals and Variances, Case No V 11-02 -Public Hearlr~g Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing and continued it to August 15, 2011. 6.1. Resolution Regarding the Conditional Use Permit for Wapiti Park Campground continued rom une 27 Counselor Beck presented the staff report. He noted if the council approved the resolution to revoke the conditional Use Permit for Wapiti Park Campground, that the Campground would have under December 31, 2011 to come into compliance as outlined in the resolution and if they complied with the conditions outlined in the resolution, the CUP would be reissued. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO REVOKE THE CONDITIONAL USE PERMIT FOR WAPITI PARK CAMPGROUND. REVOCATION WOULD NOT TAKE PLACE IF THE CAMPGROUND COMES INTO COMPLIANCE WITH THE CONDITIONS AS OUTLINED IN THE RESOLUTION BY DECEMBER 31, 2011. MOTION CARRIED 5-0. 6.2. Landfill Quarterly Update -Verbal Update No one from the Elk River Landfill was at the meeting to make a statement. Therefore, the item was tabled. 6.3. GreenStep Cities Recognition Award Ms. Haug presented the staff report and the GreenStep Cities Recogntion Award to the mayor and council. She stated it will be displayed in the display case at City Hall. 6.4. Anurove Trunk Utility Funding of Elk River Municipal Utilities' Well 9 Raw Water Improvements City Council Minutes July 18, 2011 Mr. Femrite presented the staff report. Page 7 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE TRUNK UTILITY FUNDING OF ELK RIVER MUNICIPAL UTILITIES' WELL 9 RAW WATER IMPROVEMENTS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 6.5. Award of Bid for Great Northern Trail Solar Lighting Project Mr. Femrite presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ACCEPT THE BID AND AWARD THE CONTRACT FOR THE GREAT NORTHERN TRAIL SOLAR LIGHTING PROJECT TO CHOICE ELECTRIC IN THE AMOUNT OF $78,505.00 TO COMPLETE THE GREAT NORTHERN TRAIL SOLAR LIGHTING PROJECT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 6.6, Consider Use of Right-of--Way by Ken BeaucL~ Mr. Femrite presented the staff report. Mr. Beaudry was present to answer any questions. After discussion, it was the consensus of the council to have Counselor Beck draft a license agreement to allow continued use of the right-of--way for consideration at a future council meeting. 6.7. Ordinance Amendment Regarding Disturbance of Natural Resources and Wildlife in Parks Mr. Leeseberg presented the staff report. Council had concerns with enforcement of such an ordinance and felt it was too broad. They requested staff work with the city attorney to reword the ordinance 6.8. Recreation Facility Usage Mr. Benoit presented the staff report. He explained the issue of priority for recreation facility use. The issue pertains to which groups should have first priority for recreational facility use between Parks and Recreation sponsored programs, and youth athletic association activities. He outlined financial and programming statistics from the staff report. Councilmember Motin felt that there shouldn't be a priority given to youth athletic association activities over City operated programs. He felt the City should control its own property and destiny. He agreed that the associations provide an important component of recreation activities Mayor Dietz discussed the importance of maximizing the city's profit on the use of fields and providing a balance of offering field use to youth athletic association activities as well as continuing to offer new programming opportunities. City Council Minutes July 18, 2011 Page 8 After some discussion, Mr. Thistle requested information from the council on how the recreation facility use policy should be worded. Items discussed were that the policy should serve the needs of the residents first, blend association and recreational needs, protect the needs of both organizations, and develop a process for allocating field use that is transparent. Council agreed to have staff work with the council to draft a policy and return at a future meeting that address the criteria discussed. The Council recessed into the Upper Town Conference Room at 9:00 p.m. for budget discussion. The meeting reconvened at 9:05 p.m. 7.1. Discussion on Spectrum School Dome Mr. Barnhart presented the staff report. Rick Peterson, representing Spectrum High School, was present to answer questions. Two additional site plans of the location were handed out for discussion. Councilmember Gumphrey asked how much time the city would be allowed to use the dome. Mr. Peterson stated the city could use the facility after 5 p.m. on weekdays and all weekend. Councilmember Motin felt the partnership between Spectrum and the City was a good idea, but had concerns with the location of the proposed dome being on one of the last industrial lots with city sewer and water. He also had concerns with the future of the dome and who would be responsible for upkeep and repair. Councihnember Zerwas agreed with Councilmember Motin's concerns. Mayor Dietz also agreed with those concerns, and asked if there were another location in the city where this dome could be placed. He suggested the Youth Athletic Complex as a possible location. Mr. Peterson stated he would prefer to have the dome located next to or near the school so the students would have easy access to it. Council directed staff to work with Spectrum High School to determine another location for the dome. 7.3. 2012 Budget Discussion • Community Development • Police Administration Mr. Simon presented the staff report. Staff discussed their request budget and goals. 7.4. Discussion of Parks and Recreation Director Position Mayor Dietz presented the staff report. City Council Minutes July 18, 2011 Page 9 It was the consensus of the council to have Mr. Thistle whittle the candidates down to 15-20 and give them to the interview committee to review and rate, and then interview the top 5, bringing the top 2 to the council. The interview committee would be the same group of individuals that were on the committee the last time. 8. Other Business Councilmember Gumphrey asked councilmembers if they should use the prevailing wage option when bidding out the public works facility project. It was the consensus of the council to use the prevailing wage option for the bidding of the public works facility. Council Updates Mayor Dietz discussed the idea of relocating the employees that work at Lions Park Center to City Hall. Councilmembers agreed to explore relocating employees at Lions Park Center. 10. Staff Updates There were no Staff Updates. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:24 p.m. Minutes prepared by Jennifer Johnson. Tina Allard, City Clerk John J. Dietz, Mayor