03-19-2012 CCMMEETING 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: City 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 Agenda
• 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. •
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
~I~arate Studio -Academy of Elk Riverl, Case No CU 12-02
Mr. Leeseberg presented the staff report for both of these items.
Mayor Dietz opened the public hearing fox 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 RNER 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
Use) at 729 Main Street (Former 1St National Bank), 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
March 19, 2012
Page 4
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 En ~neering Study for The Barn and Ol~~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. •
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City Council Minutes
March 19, 2012
Page 5
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Tina Allard, City Clerk