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4.1. DRAFT MINUTES 04-02-2012Ii e SIhC~~ ~ ~`r ~._;~`~ MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 19, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: Ciry Administrator Calvin Portner, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, Finance Director Tim Simon, City Engineer Justin Femrite, Parks and Recreation Director Michael Hecker, and City Clerk Tina Allard 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. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 03/19/2012 A eg nda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 MARCH 12, 2012 MINUTES. 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.4 TOBACCO LICENSE TO SHIP-N-MAIL, LLC,13465 BUSINESS CENTER DRIVE, VALID THROUGH DECEMBER 21, 2012. 4.5 TEMPORARY ON-SALE LIQUOR LICENSE TO ELK RIVER ROTARY CLUB FOR MAY 17, 2012 WITH THE CONDITION THAT ALCOHOL MUST. BE LIMITED TO AN AREA THAT IS FENCED IN WITH SECURED AND CONTROLLED ACCESS. 4.6 PURCHASE OF AN AIERES CAMERA AND VIDEO SYSTEM IN THE AMOUNT OF $114,342.36. 4.7 RESOLUTION 12-13 REAUTHORIZING MEMBERSHIP IN THE 4M FUND. 4.8 PROFESSIONAL SERVICES FROM BOLTEN & MENK, INC. IN THE AMOUNT OF $25,000 TO PREPARE A FACILITY PLAN AND PERMIT APPLICATION FOR THE WASTEWATER TREATMENT FACILITY. City Council Minutes Page 2 March 19, 2012 MOTION CARRIED 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month-Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to February Volunteer of the Month Don Heinzman. He provided the following background on Mr. Heinzman's service within the city: • Chair of the Beyond the Yellow Ribbon program ^ Board member and past President of the Rotary Club ^ Organizer and charter member of the Three Rivers Community Foundation ^ Charter board member and 6 year board member on the Elk River Boys and Girls Club ^ Served on Community Education Board for 3 years ^ Founding member of the Citizens League ^ Part of the Friends of the Oliver Kelley Farm ^ Chamber of Commerce member ^ Volunteer for CAER Food Shelf Mr. Heinzman thanked the Council for this honor. He stated Elk River has been a good city for him and that he has always wanted to give back to the community. He further thanked Council and staff for providing excellent basic services that he and his family have enjoyed for the past 26 years. Mr. Heinzman presented, on behalf of the Three Rivers Community Foundation, a framed picture of past hall of fame members. 7.1 Request by Adam Ahern/D. Johnson for Conditional Use Permit to Amend Elk River Retail PUD to Allow Commercial Recreational Uses Case No. CU 12-01 7.2 Request by Adam Ahern for Conditional Use Permit to Allow Commercial Recreational Use f Karate Studio -Academy of Elk Rive Case No. CU 12-02 Mr. Leeseberg presented the staff report for both of these items. Mayor Dietz opened the public hearing for both of these items. 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 12-01 IN ORDER TO AMEND THE ELK RIVER RETAIL CENTER PLANNED UNIT DEVELOPMENT TO ALLOW COMMERCIAL RECREATIONAL USES. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE PERMIT CU 12-02 FOR A MARTIAL ARTS STUDIO WITH THE FOLLOWING CONDITIONS: City Council Minutes March 19, 2012 Page 3 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. SIGNAGE REQUIREMENTS SHALL BE AS OUTLINED IN THE ELK RIVER RETAIL CENTER PLANNED UNIT DEVELOPMENT AGREEMENT. 3. ALL EXTERIOR SIGNAGE SHALL REQUIRE A PERMIT. MOTION CARRIED 5-0. 7.3 Request by Elk River Lutheran Church for Conditional Use Permit for Church (Institutional Usel at 729 Main Street Former 15t National Banks. Case No, CU 12-03 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. Hans Schmidt, architect for the project -Stated he was available for questions. Mayor Dietz closed the public hearing. Mayor Dietz noted the city crew's schedule to plow the downtown lots will not change for the church and there may be some Sunday mornings that the parking lots are not plowed before service. John Houlton, stated he would be taking care of the church plowing and would be willing to plow the portion of the King Avenue parking lot owned by First National Bank located immediately across Main Street from the proposed church. Council deferred this request to the Street Department for consideration. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT CASE NO. CU 12-03 TO ELK RIVER LUTHERAN CHURCH PER ILLUSTRATED DRAWINGS RECEIVED MARCH 5, 2012, AND IN THE COMMENTS RESPONSE LETTER DATED MARCH 5, 2012 WITH THE FOLLOWING CONDITIONS: 1. A VARIANCE IS OBTAINED FROM THE SHORE LAND REGULATIONS BY THE BOARD OF ADJUSTMENT. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 4. ALL SIGNAGE MUST RECEIVE A PERMIT PRIOR TO CONSTRUCTION AND INSTALLATION. 5. A 12 FOOT EASEMENT FOR TRAIL PURPOSES SHALL BE PROVIDED IMMEDIATELY SOUTH OF THE EXISTING CURB LINE ON THE SOUTH SIDE OF THE SITE. MOTION CARRIED 5-0. City Council Minutes Page 4 March 19, 2012 7.4 Options for Establishing New Ward Boundaries for City of Elk River Ms. Allard 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. Mayor Dietz stated he liked Option 2 because it keeps Ward 2 rural in nature as it has been intended in the past. He further stated he liked that some growth could be accommodated in Wards 2 and 4. Councilmember Motin concurred and stated he preferred the boundary changed between Ward 2 and Ward 4 to be moved to County Road 13. He noted it is easier to describe for caucus purposes. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO SELECT REDISTRICTING OPTION 2 WITH A SLIGHT CHANGE THAT THE WARD 2/4 BOUNDARY MOVE FROM THE RIVER TO COUNTY ROAD 13. MOTION CARRIED 5-0. 8.1 Value Engineering Study for The Barn and Olvm~ic Ice Arena Rinks Mr. Czech presented the staff report. He stated the proposal by Skyline Building was reduced by $300. Council questioned if the study would evaluate the impact of eliminating the Barn rink. Mr. Czech stated yes. Council discussed the costs required to maintain indoor ice rinks. They expressed frustration and thought it troublesome that the major use organizations are not stepping forward to participate in funding. Council asked staff to put together a cost benefit analysis regarding the effect on programming, while prioritizing city programming, if the Barn were to be removed. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE A VALUE ENGINEERING STUDY OF THE ROOF FOR THE BARN RINK AND THE STRUCTURE, HVAC SYSTEM AND AN INSPECTION OF THE OLYMPIC RINK'S PRECAST PANELS AND ROOF FOR THE LOCKER ROOM AREA. MOTION CARRIED 5-0. Announcements There were no announcements. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:20 p.m. Ciry Council Minutes March 19, 2012 John J. Dietz, Mayor Page 5 Tina Allard, City Clerk ,~ SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, MARCH 20, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner and Recording Secretary Debbie Huebner 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 6:40 p.m. by Mayor Dietz. 2. Request by Elk River Lutheran for Property at 729 Main Street (former First National Bankl, for Variance from the City of Elk River's Land Use Regulations, Section 30-2025 (21 Stormwater Management Specific Standards Regarding Stormwater Discharge Rates. Case No. V 12-01 Since the variance was approved by the Board of Adjustments at their meeting just prior to this meeting, no action was required. 3. Adjournment There being no business, Mayor Dietz adjourned the meeting of the Elk River City Council at 6:41 p.m. Minutes Prepared by Debbie Huebner. John J. Dietz, Mayor Tina Allard, City Clerk