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02-16-2010 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY I6, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: Ciry Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, City Clerk Tina Allard, Liquor Operations Manager Dave Potvin, Finance Director Tim Simon, and Environmental Administrator Rebecca Haug Also Present: Planning Commissioner Eric Johnson 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 Klinzing. 2. Consider 2/16/2010 Agenda Mayor Klinzing added Code of Conduct discussion under Other Business. MOVED BY COUNCILMEMBER WESTGARRD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent A~nenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2. RESOLUTION 10-OG ACKNOWLEDGING CONTRIBUTION TO THE CITY OF ELK RIVER ($1,000 FROM EAGLES CLUB FOR PARKS AND RECREATION PROGRAMMING). 3.3. STAFF TO PURSUE THE DEFINITION OF "PARK" IN CITY ORDINANCE. 3.4. SETTLEMENT WITH LEROY AND TROY ANDERSON FOR THE PURCHASE OF OUTLOT A, CHERRYHILL BLUFF SECOND ADDITION AS OUTLINED IN THE STAFF REPORT. 3.5. SOLICITOR LICENSE TO SHAWN STAHOVICH, FRONT LINE MARKETING VALID THROUGH DECEMBER 31, 2010. • MOTION CARRIED 5-0. City Council Minutes Page 2 February 16, 2010 ----------------------------- 4. Open Mike Dave Burandt, 19118 Tyler Street -Handed out a request and proposal regarding the 193rd Avenue improvement project. He expressed concerns with the visibility of an intersection. Staff will look into the issue and bring it back to Council in April. 5.1. Acknowledge Thank You From St Andrew's Fourth Graders Ms. Johnson stated two fourth graders, their teachers, and their parents from St. Andrews dropped off thank you Valentine cards from the fourth grade classes to the City Council for the job they do for the city. She noted the city would submit a form to the random act of kindness campaign. Mayor Klinzing thanked the students for the cards. 5.2. Kathy Heaney. Sherburne County Attorney -Review of Elk River Statistics Ms. Heaney reviewed office staffing changes and crime statistics for the county. 6.1. Request by Lakeland Properties LLC (Dennis Sharp) for Conditional Use Permit for Mini Storage and Outdoor Storage of Boats (Gateway Rd Renner 4~ additionl Case No CU 10 O1, Public Hearin Mr. Barnhart presented the staff report. He stated the application is consistent with the city's zoning ordinance. • Mayor Klinzing opened the public hearing. Russell Kostreba, 15930 Jarvis Street -Stated he owns a storage facility near the applicant and asked that the Council be consistent in applying similar conditions he was required to follow when he applied for a conditional use permit a few years back. He specifically addressed outdoor storage, hours of operation, building materials, lighting, and garage doors facing the street. He stated many of the items requested by the city were expensive for his business. He further stated if the applicant is allowed to have outdoor storage he would be back to Council to request outdoor storage at his business. Mayor Klinzing closed the public hearing. Council questioned the inconsistencies among the two businesses Mr. Barnhart stated he is unsure why the lighting requirements are different. He stated lighting was not brought up during the review process. He stated there is a difference in philosophy with regards to the number of conditions and noted staff is not taking the policy of listing everything that could happen. He stated staff looked at what could be major issues during the operation of the business and limits the conditions to those issues. Mr. Barnhart also noted that there are different characteristics among the two businesses that may have reduced the number of conditions. He stated the city may have had a different stance on outside storage in 2003 because landscaping for screening and building design are more acceptable today. Council noted the following concerns: • City Council Minutes February 16, 2010 Page 3 • Hours of operation ^ Outdoor storage: o Type of outdoor storage: renting space outdoors for boat storage verse storing equipment. o Setting timeframes for when outdoor storage would begin and need to be terminated based on build-out but also within a timeframe so if the buildings are not built, the storage would eventually end. It was suggested that outdoor storage not be allowed for more than five years. o Concern with traffic flow and safety. o Concern with the type of items that could be considered mini-storage. o Screening of storage. Dennis Sharp, applicant -Stated he didn't feel they could ever eliminate outdoor storage. He further stated he would like to include additional electric or barbed wire fencing to prevent people from jumping over the fence. Councilmember Westgaard questioned why the applicant needed five doors. Mr. Sharp stated the number and size of the doors may not be final. He stated it will depend on the boat sizes. He noted larger boats tend to bang up the sides of the doors. Concern was expressed regarding the inconsistencies in the conditions of the conditional use permits between the two businesses because it could create unfair competition. Mr. Beck noted if Council wanted to allow different hours and storage options for the current applicant, then Mr. Kostreba could seek an amendment to his conditional use permit. He further noted the Council has an obligation to maintain consistenry and would need a reasonable basis to distinguish between the two businesses. Mr. Beck recommended that the areas for outdoor storage locations be identified. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THIS ITEM TO MARCH 15, 2010. MOTION CARRIED 5-0. 6.2. Request by Flowers Plus (518-520 Freeport Avenuel for Ordinance Approving Zone Change From PUD to C3, Case No, ZC 10-01, Public Heating Mr. Leeseberg presented the staff report. Mayor Klinzing opened the public hearing. Cindy Delorum 518 Freeport Street - Stated a portion of the building has been for sale since October 2007. She stated there has been no interest in a hardware store at this location. She stated she entered into a lease agreement with The Gym in January 2009 but noted they were denied a building permit for a sign. She further stated they would like to install showers but that the permits are dependent upon this zoning application consideration. She further noted the timing is very important for her business. Rich Shultz, owner of building at 510 Freeport Street -Stated he is in favor of the • applicant getting the tenant in her building as soon as possible but opposes converting the City Council Minutes February 16, 2010 Page 4 building from a PUD to a C3 zone change. He suggested that exception #14 be removed • from the PUD requirements. Mayor Klinzing closed the public hearing. Mayor Klinzing questioned why the PUD couldn't be amended to eliminate exception #14 and why staff didn't consider this approach because it would've been easier. Mr. Leeseberg stated the applicant didn't submit an application to amend the PUD but rather to rezone to C3. He stated she could re-apply for a PUD but the timeframe would be extended due to public hearing notice requirements. Mr. Leeseberg stated it would have been easier to amend the PUD but didn't feel it was the correct solution from an overall planning process. The Council disagreed since they already decided to review the entire area at a previous meeting. Council noted they didn't want to hold the applicant up but stated they would like to see the PUD amended. Mr. Beck noted that the city would need to follow procedure in order to amend the PUD. He suggested making a motion to deny the request and direct staff to amend the PUD so the applicant would not need to re-apply. He stated Council could direct staff to authorize the building permits but the building couldn't be occupied until the PUD amendment was approved. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO DENY THE REQUEST TO AMEND • THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES, AS DESCRIBED, PER CASE NO. ZC 10-01 FROM PUD TO C3. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO DIRECT STAFF TO AMEND THE ELK RNER PLAZA PLANNED UNIT DEVELOPMENT AGREEMENT TO REMOVE THE RESTRICTION ON THE USE FOR PARCEL L AND TO ISSUE BUILDING PERMITS TO THE GYM LOCATED AT 518-520 FREEPORT STREET. MOTION CARRIED 5-0. 6.3. Reg_uest for Conditional Use Permit and License (Amendment) by Waste Management for Elk River Landfill Case No. CU 10-02 Public Hearin Ms. Haug presented the staff report. She reviewed the proposed changes to the conditional use permit and the solid waste facility license as noted in her report. Mayor Klinzing opened the public hearing. Deb Walters, Elk River Landfill representative, 22460 Highway 169 -Stated she agreed with staffs changes on all items. She stated she disagreed with Item # 1(i) in the draft resolution approving the application of Elk River Landfill, Inc. for an amended conditional use permit and license for the existing Elk River Landfill because it is currently pending in court as a legal issue. • City Council Minutes February 16, 2010 Page 5 Dennis Butler, 12516 225th Court -Questioned if the applicant's request would prolong • the life span of the landfill because if it did, he would be opposed to it. Ms. Haug stated the application for the conditional use permit and the solid waste facility license does not grant the landfill any approvals for an e~:pansion. Mayor Klinzing closed the public hearing. Mr. Beck stated the Council can approve the resolution as it was drafted and noted the landfill doesn't have to agree to it for the Council to approve it. He stated it is in the Council's findings of fact and the landfill is not required to agree to it MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE AN AMENDED CONDITIONAL USE PERMIT TO WASTE MANAGEMENT FOR THE ELK RIVER LANDFILL, CASE NO. CU 10-12 AS OUTLINED IN THE STAFF REPORT AND TO ADOPT RESOLUTION 10-07 APPROVING THE APPLICATION OF ELK RIVER LANDFILL, INC. FOR AN AMENDED CONDITIONAL USE PERMIT AND LICENSE FOR THE EXISTING ELK RIVER LANDFILL. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AMENDMENTS TO THE ELK RIVER LANDFILL'S SOLID WASTE FACILITY LICENSE WITH MODIFICATIONS AS OUTLINED IN THE STAFF REPORT AND • RESOLUTION 10-07. MOTION CARRIED 5-0. 6.4. Request by City of Elk River for Ordinance Amendment Relating to the Rezoning of Certain Property From Al (Agricultural Conservation to R1a (Single Family Residential Case No. ZC 10-02 Public Hearin 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 WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 10-01 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 10-02. MOTION CARRIED 5-0. 6.S.A. Stormwater Grant Update Ms. Haug stated the Sherburne County Soil & Water Conservation District has received two grants and would be interested in partnering with the city on projects. She stated the stormw water grand includes three projects that are being reviewed by staff; the old Northbound Liquor site at TH 169 and Main Street and two other locations she couldn't disclose until she was able to talk with property owners to gauge their interest in participating. She stated the grant is for $25,000 with the city providing an in-kind match of $14,000. She noted these grants are through the clean water grant program. • City Council Minutes February 16, 2010 Page 6 She stated the second grant is offering $50,000 in grant funds to communities in Sherburne • County. She noted Elk River and St. Cloud were the only two communities to express interest in these funds. She stated formal commitment is needed from Council to partner on this grant. She stated a 35% match would be required which could be cash or in-kind. She stated she didn't have a lot of details on the grant at this time but noted a focus for the funds could be on impaired waters for the Mississippi River, older parts of the community or Council could offer suggestions. She further noted these grants would take care of MS4 requirements of the City's NPDES permit. Councilmember Zerwas noted that the Lake Orono Association may be interested in participating in a project. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO PARTNER WITH THE STORMWATER CONSERVATION DISTRICT FOR THE TWO GRANT APPLICATIONS. MOTION CARRIED 5-0. 6.5.B Energy Expo Update Ms. Haug stated the Initiative Foundation is willing to grant $1,000 for use at the Energy Expo and formal Council action is required if the city is willing to work with the Initiative Foundation. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY • COUNCILMEMBER GUMPHREY TO PARTNER WITH THE INITATIVE FOUNDATION FOR THE ENERGY EXPO. MOTION CARRIED 5-0. 7.1. Future Liquor Store Staffing_ Mr. Potvin presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE ADVERTISING OF A 30 HOUR PER WEEK PART-TIME POSITION AT WESTBOUND LIQUOR STORE AND TO PROMOTE JOANN WARREN TO FULL TIME LIQUOR STORE CLERK EFFECTIVE APRIL 1, 2010. MOTION CARRIED 5-0. Councilmember Westgaard clarified that Mr. Donais is retiring from the city on good terms and clarified that the memo mention of severance is accrued liabilities (Sick/vacation) payout. Ms. Johnson noted the city will greatly miss Mr. Donais Other Business Code of Conduct Mayor Klinzing suggested discussing a code of conduct for Council, Commission, and staff at a future worksession meeting. She noted many cities have them and distributed sample documents. • City Council Minutes Februan~ 16, 2010 Page 7 Councilmember Moon stated he was okay «zth reviewing them but was concerned the • adoption of a code of conduct would limit discussion. He also noted that staff conduct may be addressed in the Personnel h~Tanual. Mayor hlinzing stated she didn't want to be too restrictive but has concerns for the office served by members and noted the recent issue with an EDA coirunissioner. She stated she would like to see a policy that would need to be signed by commissioners. Councilmember Zerwas stated he would be willing to review a code of conduct fox Commissioners but felt Councilmembers were held to a standard set by constituents. Ms. Johnson stated Council could give additional requirements to staff regarding conduct. She also stated the Board and Commission Handbook addresses statutory provisions such as the gift or open meeting law. Mr. Beck stated there is a code of ethics section in the city code. Tlus item will be added to the March worksession agenda. Gumpl~rey Travel Councilmember Gumphrey noted he would be leaving for Washington for the Elk River Municipal Utilities and questioned if Council or staff had issues they would like discussed with legislators. Ms. Johnson mentioned a request for appropriations. 9. Council Updates Councilmember Zerwas noted he would be unable to attend the March 1 Council meeting. 10. Staff Updates FAST Ms. Johnson noted the Focus Area Study would be on the March 1 Council agenda and would be held in Council Chambers in order for the public to view it on cable. Budget Update Ms. Johnson provided an update on the Governor's budget proposal. She noted the Sherburne ~X~right Cable Commission would be giving three quarters of franchise fees (approximately X120,000) back to member cities. TH 169 d~' Main Street Proper~~ (old 1'Vo~~thbound) Ms. Johnson stated the Street Division would begin to remove the Northbound Liquor building soon. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:20 p.m. • She further stated the City Council will go into a Closed Session pursuant to MN Statute 13D.05, subd. 3 for the performance evaluation of City Administrator Lori Johnson City Council Minutes February 16, 2010 • r j ~ `~~ ~` Stephan Klinzing ~ ` Mayor J Tina ~111ard City Clerk • Page 8 •