Loading...
07-18-2011 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 18, 201 1 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 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 07/18/2011 Agenda Councilmember Westgaard wished to add an item to Other Business. Councilxnember 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 A eg nda 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 Moon 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 Duty 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 Hearin City Council Minutes July ls, aoll Page 4 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 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 Hearir~~ 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 July 18, 2011 Page 5 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. Request by Devin Peterson (Peterson Construction) on Behalf of Thai Buddhist Center of Minnesota for a Conditional Use Permit for Institutional Use in Rla Zonin District 10863 - 208 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. Ciry Council Minutes July is, 2011 Page 6 4. PARKING LOT IMPROVEMENTS SHALL PROVIDE FOR ADA COMPLIANCE PARKING SPACES, A 24-FOOT WIDE DRIVE AISLE, AND i 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 MAYBE 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. Reduest 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 Heati~ 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 Ouarterlv 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. Aonrove Trunk Utility Funding of Elk River Municipal Utilities' Well 9 Raw Water Improvements • City Council Minutes July Za, aoil Page 7 Mr. Femrite presented the staff report. • 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 ofRight-of--Way by Ken Beaudry 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 polity 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 polity 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. Councilmember 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 1 s, 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. 9. 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 Cler J n J. ietz, r •