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06-18-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 18, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, and Westgaard Members Absent: Councilmember Gumphrey Staff Present: City Administrator Calvin Portner, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, Environmental Administrator Rebecca Haug, City Attorney Peter Beck, Parks and Recreation Director Michael Hecker, Fire Chief John Cunningham, Police Chief Brad Rolfe, City Engineer Justin Femrite, 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. • 3. Consider 06/18/2012 Agenda The consideration of the liquor license renewals for the American Legion were added to the Item 4.3 staff report on the Consent agenda. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4 -0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.3 LIQUOR LICENSE RENEWALS AS OUTLINED IN THE STAFF REPORT AND AN ONSALE AND SUNDAY LIQUOR LICENSE FOR THE AMERICAN LEGION. ALL LICESNES ARE VALID THROUGH JUNE 30, 2013. 4.4 THE SEALING OF TWO WELLS LOCATED AT THE OLD CITY DUMP (CURRENTLY HILLSIDE PARK) AT A COST NOT TO EXCEED $950. 4.5 TEMPORARY SALES /STORAGE OF FIREWORKS LICENSE TO RENAISSANCE FIREWORKS, INC. TO SELL FIREWORKS FROM • JUNE 22, 2012 FROM A TENT IN THE PARKING LOT AT ELK PARK CENTER, 19112 FREEPORT STREET NW, WITH THE CONDITION City Council Minutes June 18, 2012 Page 2 THAT THE INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE PRIOR TO THE TENT OPENING FOR SALES. APPLICANTS • MUST CONTACT THE FIRE MARSHALL AT 763.635.1110 FOR AN INSPECTION AFTER THE TENT AREA HAS BEEN SET UP. 4.6 ADVERTISE FOR BIDS FOR THE 2012 SEALCOAT PROJECT AS OUTLINED IN THE STAFF REPORT. 4.7 RECEIVED THE EXECUTED CENTRAL MINNESOTA MUNICIPAL POWER AGENCY (CAPX2020) PROJECT REVENUE BONDS DISCLOSURE ACKNOWLEDGEMENT LETER AND THE EXECUTED EXHIBIT E TO BOND PURCHASE AGREEMENT. 4.8 RESOLUTION 12 -26 AUTHORIZING A 2012 BUDGETED TRANSFER FROM THE MUNICIPAL LIQUOR FUND TO THE PARK IMPROVEMENT FUND 4.9.A SPECIAL EVENT PERMIT FOR THE ELK RIVER INDEPENDENCE DAY COMMITTEE FOR JULY 4, 2012 WITH THE FOLLOWING CONDITIONS: 1. NOTICE OF THE EVENT SHALL BE GIVEN TO AREA RESIDENTS AND BUSINESSES. 2. COMMITTEE SHALL PROVIDE GARBAGE AND RECYCLING THROUGH A PRIVATE CONTRACTOR. ANY DEBRIS IN THE PARK SHALL BE CLEANED UP IMMEDIATELY FOLLOWING THE EVENT. 3. THE COMMITTEE SHALL PROVIDE ENOUGH PORTABLE TOILET FACILITIES THROUGH A PRIVATE CONTRACTOR TO ACCOMMODATE THE EXPECTED ATTENDANCE. THE COMMITTEE WILL COORDINATE LOCATIONS FOR THE TOILET FACILITIES THROUGH THE PARK MAINTENANCE • SUPERVISOR. 4. APPLICANT SHALL OBTAIN PROPERTY OWNER PERMISSION FOR USE OF ANY PRIVATE PROPERTY. 5. PROOF OF INSURANCE WITH MINIMUM COVERAGE LIMITS OF ONE MILLION DOLLARS AND THE CITY NAMED AS AN ADDITIONAL INSURED SHALL BE REQUIRED PRIOR TO THE EVENT. 4.913 SPECIAL EVENT PERMIT TO CORNERSTONE AUTO RESOURCE FOR AN EVENT SCHEDULED, SATURDAY, JUNE 20, 2012 WITH THE FOLLOWING CONDITIONS: 1. INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE PRIOR TO EACH OUTSIDE EVENT WHEN THERE IS A TENT. APPLICANT MUST CONTACT THE FIRE MARSHALL AT 763.635.1110 FOR AN INSPECTION AFTER THE TENT AREA HAS BEEN SET UP. 2. EVENT PARKING MAY NOT OBSTRUCT PUBLIC ROADWAYS OR RENDER THEM UNSAFE FOR VEHICLE OR PEDESTRIAN TRAFFIC. 3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. • City Council Minutes Page 3 June 18, 2012 ----------------------------- 5. THE TENT SHALL BE REMOVED WITHIN ONE DAY OF THE • END OF THE EVENT AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 6. ALL TEMPORARY SIGNS SHALL RECEIVE A PERMIT PRIOR TO DISPLAY. 4.10 PYROTECHNIC FIREWORKS DISPLAY LICENSE TO RES SPECIALTY PYROTECHNICS, INC. TO CONDUCT A PYROTECHNIC DISPLAY FROM ELK RIVER HIGH SCHOOL FOOTBALL FIELD ON JULY 4, 2012 WITH THE FOLLOWING CONDITIONS: • FIRE WATCH WILL BE ESTABLISHEDD PER DIRECTION OF FIRE MARSHAL. • APPLICANT MUST CONTACT FIRE MARSHAL AT 763.238.3489 FOR A PRE - LOADING AND POST - LOADING INSPECTION. 4.11 ORDINANCE 12 -09 AMENDING CHAPTER 38, ARTICLE XI, REGARDING SPECIAL EVENTS, OF THE ELK RIVER, MINNESOTA, CITY CODE. 4.12 RESOLUTION 12 -27 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE NATURE'S EDGE BUSINESS CENTER PHASE I IMPROVEMENT PROJECT. MOTION CARRIED 4 -0. 5. Open Forum No one appeared for Open Forum. • 6.1 City of Elk River Volunteer of the Month -Mayor Dietz Mayor Dietz read and presented a plaque to the June Volunteers of the Month Roger and Irene Kostreba. Some of their accomplishments include: • Long time Sherburne County Fair Board members. Also volunteer over 2,000 hours a year to the fair. • Venture Crew adult volunteers • Elk River Saddle Club members ■ Boy Scouts Maritime Club • Community Christmas Dinner for 23 years • Roger sings in the St. Andrews Choir, Cub Scout mentor, and American Legion member and volunteer. ■ Irene is a Boy Scout Committee Chair, 4-H project leader, St. Andrews wedding coordinator, and involved with Three Rivers Pony Club and Girl Scouts 6.2 Elk River High School State Tennis Tournament Champions Mayor Dietz reviewed the Elk River High School's state championship history. He noted what a great accomplishment it was for the tennis team to win this year. He further noted Randy Ronning was awarded the State Coach of the year. He read and presented a certificate and while Councilmember Westgaard handed out city pins. 6.3 Storm Water Pond Cleanout — Eagle Scout Andrew Elmquist isMs. Haug introduced Mr. Elmquist. City Council Minutes June 18, 2012 Page 4 Mr. Elmquist presented information on his restoration work of a city retention pond that he • completed as part of his Eagle Scout requirements. 6.4 Recognition of Retirement of Senior Center Coordinator Sue Kostanshek Mr. Hecker thanked Ms. Kostanshek for her years of service to the city. He reviewed her history. Ms. Kostanshek thanked the people she worked with over the years and discussed the teamwork it takes to be successful and how much she enjoyed the opportunity to help others. She noted she wished could have worked with Mr. Hecker who she felt was a great leader she got to know during the short time they worked together. She further thanked the Lions, Guardian Angels, and her family. Mayor Dietz read and presented a plaque to Mr. Kostanshek. He stated she has done a tremendous job and he has gotten only great comments about her service within the community. 6.5 Recognition of Retirement of Firefighter /District Chief Daniel P. Kreuser Chief Cunningham stated Mr. Kreuser is an outstanding individual and firefighter. He noted he appreciated the service of Mr. Kreuser over the 30 years with the Fire Department and that he provided great leadership to the organization. Mayor Dietz read and presented a plaque to Mr. Kreuser and further thanked him for his • service to the city and the Fire Department. 6.6 Swearing in of Police Officer Joseph Firkus Chief Rolfe discussed Mr. Firkus's career and introduced him to the Council. He noted that other members of the Becker Police Department were in attendance and that Mr. Firkus is very well- regarded by his peers. Mayor Dietz swore in Officer Joseph Firkus. Ms. Firkus pinned the police badge on him. 6.7 Lifesaving Award — Officer Brian Boos Chief Rolfe presented the staff report. A video was shown of part of the incident. Chief Rolfe reviewed Officer's Boos career and awards within the department. He noted that Officer Boos received a thank you letter from the woman whose life was saved. The Chief presented Officer Boos with the Lifesaving Award. 7.1 Ordinance Amendment to Rezone the Elk River Planned Unit Development to C3 (Highway Commercial, Case No. ZC 12 -02 7.2 Request by Mark Leadens for Conditional Use Permit to Allow Nature's Dry Cleaning at 18850 Dodge Street, Case No. CU 12 -12 Mr. Leeseberg presented Mr. Barnhart's staff report. is City Council Minutes June 18, 2012 Page 5 Mayor Dietz opened the public hearing for both items. There being no one to speak to these • issues, Mayor Dietz closed the public hearing. Councilmember Westgaard questioned if there is adequate room for traffic stacking and circulation. Mr. Leeseberg stated with the exception of banks, there is no requirement regarding traffic stacking for other types of businesses. He stated there shouldn't be too much stacking for this type of business. Councilmember Motin disclosed that the applicant is a client but there would be no financial benefit to him as it relates to this request. He further stated he has no issue with the dry cleaning use being allowed as an appropriate use for this area but he is concern with amending the Planned Unit Development to change it into a Highway Commercial zone. He stated a Planned Unit Development gives the city the most discretion as to how an area is to be developed. He stated concerns with some of the allowed uses listed in the Highway Commercial zoning classification which may be overbroad for this location. MOVED BY COUNCILMEMBER MOTIN TO AMEND THE ZONING FOR ELK RIVER RETAIL PLANNED UNIT DEVELOPMENT, RETAINING THE PLANNED UNIT DEVELOPMENT CLASSIFICATION TO ADD DRY CLEANING ESTABLISHMENTS AS A CONDITIONAL USE AND FOR STAFF TO BRING BACK AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT ALLOWING SOME OTHER C3 USES THAT WOULD BE MORE APPLICABLE TO THIS LOCATION. • Mr. Leeseberg stated the Council needed to act on the zone change request before them or continue this item. Attorney Beck stated the Council could make a motion to deny the zone change request from Planned Unit Development to Highway Commercial and then in connection with the next agenda item they could approve the conditional use permit to amend the Planned Unit Development and approve the dry cleaner. Councilmember Motin withdrew his motion. Councilmember Westgaard stated he understands some of Councilmember Motin's concerns but that adopting the Highway Commercial designation doesn't mean that all the allowed uses under it would have to be allowed. He stated this should be drafted consistent with other zoning ordinances. Councilmember Motin stated you can't look at the applicant before you right now but should look at who could be there in the future. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 12 -10 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO C3 HIGHWAY COMMERCIAL, CASE NO. ZC 12 -02. MOTION CARRIED 3 -1. Councilmember Motin opposed. • City Council Minutes June 18, 2012 Page 6 MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE • PERMIT, CASE NO. 12 -12, TO OPERATE A DRY CLEANING ESTABLISHMENT AT 18850 DODGE WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. ALL EXTERIOR SIGNAGE SHALL REQUIRE A PERMIT. 3. ALL EXTERIOR CHANGES WILL REQUIRE A PERMIT AND ARCHITECTURAL DRAWINGS. 4. A 20 FOOT DRIVE AISLE MUST BE MAINTAINED ON THE EAST SIDE OF THE BUILDING AT ALL TIMES. MOTION CARRIED 4 -0. 7.3 Reouest by Rvan Brown of Twin Cities Pawn for Conditional Use Permit to Amend Elk Park Center Planned Unit Development to Allow Pawn Shops as a Conditional Use, Case No. CU 12 -09 7.4 Request by Ryan Brown of Twin Cities Pawn for Conditional Use Permit to Operate Pawn_ Shop at 19179 Freeport Street (Former H0113nyood Video Store), Case No. CU 12 -10 Mr. Barnhart presented the staff report. He explained the residential zone issue as outlined in the staff report. Mayor Dietz opened the public hearing for both of these items. • Michael McDonough, 18966 Lowell Street — Stated he is opposed to a pawn shop in Elk River. Ryan Brown, applicant — Stated there are a lot of misconceptions about pawn shops but he believes they are no longer true. He stated they operate more like a second hand dealer. He discussed how his business has been operating in Ramsey over the past year it has been in business. Mayor Dietz closed the public hearing. Councilmember Motin referred to the same comments he had for Item 7.1. He stated the city would retain more control and not be bound by the conditional use permit standards. He stated he has no issues with a pawn shop located in the city but doesn't like the location along Highway 169. He stated it doesn't fit the city's beautification goals. He stated the current Planned Unit Development would not allow the pawn shop and he would like to see it located elsewhere. Councilmember Zerwas shared some of the same concerns with the pawn shop at this location. He stated the zoning should remain Planned Unit Development. Councilmember Westgaard stated he understands the concerns mentioned and that this location is not ideal but he would rather see a business than a boarded up vacant building. Attorney Beck noted this item appears to becoming a split vote of the Council and suggested • having staff prepare a resolution of denial for the Planned Unit Development setting forth City Council Minutes Page 7 June 18, 2012 ----------------------------- findings of fact as to why this use would not be appropriate in the Planned Unit isDevelopment. He noted a 60 day extension letter will also need to be sent to the applicant. MOVED BY COUNCILEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE ITEMS 7.3 AND 7.4 TO JULY 16, 2012, FOR STAFF TO PREPARE A RESOLUTION OF DENIAL OUTLINING THE FINDINGS OF FACT FOR THE DENIAL, AND TO SEND THE APPLICANT A 60 DAY EXTENSION LETTER. MOTION TIED 2 -2. Councilmember Motin noted that if this item isn't tabled, a motion would need to be made as to whether to approve the conditional use permit to amend the planned unit development, which if it fails means the request is denied so it would be better to continue the item until all the Council was present. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO CONTINUE TO CONTINUE ITEMS 7.3 AND 7.4 TO JULY 16, 2012, FOR STAFF TO PREPARE A RESOLUTION OF DENIAL OUTLINING THE FINDINGS OF FACT FOR THE DENIAL, AND TO SEND THE APPLICANT A 60 DAY EXTENSION LETTER. MOTION CARRIED 4 -0. 7.5 Request by AutoZone for Site Plan Approval to Allow Auto Parts Store. Lot 1. Block 1. Elk River Crossing 3,d (West of Zane Street and South of Existing Gas Station/ Convenience Store), Case No. SP 12 -02 • Mr. Barnhart 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. Councilmember Motin questioned if there were any covenants for the development regarding exclusivity as there is already an auto parts store located next to this lot. Staff stated no information was found regarding exclusivity. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE SITE PLAN, CASE NO. SP 12 -02, AS ILLUSTRATED ON DRAWINGS DATED RECEIVED JUNE 4, 2012, WITH THE FOLLOWING CONDITIONS: 1. ALL ITEMS OF THE STAFF COMMENT LETTER DATED MAY 18, 2012 SHALL BE ADDRESSED. 2. AS SITE PLAN APPROVAL IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 3. THE LANDSCAPE PLAN NEEDS TO BE SIGNED BY A LANDSCAPE ARCHITECT AND INCLUDE AT LEAST 16 OVER STORY, 8 EVERGREEN, AND 8 ORNAMENTAL TREES. 4. THE LIGHTING PLAN NEEDS TO BE ADJUSTED TO MAINTAIN AN AVERAGE OF 3 FOOTCANDLES. 5. THE DUMPSTER ENCLOSURE WILL NEED TO BE MODIFIED TO • MEET THE PUD REQUIREMENTS. City Council Minutes June 18, 2012 Page 8 6. SIGNAGE AS SHOWN IS NOT APPROVED, AND WILL NEED TO MEET APPLICABLE REGULATIONS OUTLINED IN THE ER CROSSING PUD • AGREEMENT. 7. A NPDES PERMIT IS REQUIRED PRIOR TO GRADING OPERATIONS. MOTION CARRIED 4 -0. 7.6 Request by City of Elk River for Ordinance Amendment Regarding_ Commercial Recreation Uses, Case No. OA 12 -03 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing July 16, 2012. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THIS ITEM TO JULY 16, 2012. MOTION CARRIED 3 -0. Councilmember Zerwas had stepped away from the dais. 7.7 Request by Elk River Economic Development Authority for Preliminary Plat For Nature's Edge Business Park, Case No. P 12 -02 Mr. Barnhart 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. Councilmember Westgaard noted this item has been reviewed extensively by the Council over the last few years. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE PRELIMINARY PLAT, CASE NO. 012 -02 AS ILLUSTRATED ON DRAWINGS DATED APRIL 11, 2012, WITH THE FOLLOWING CONDITIONS: 1. ACCESS CONTROL SHALL BE DEEDED TO MNDOT FROM OUTLOT B. 2. 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. 3. A WETLAND BUFFER OF 25 FEET APPLIES TO ALL WETLANDS AND A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES. AN EXHIBIT SHALL BE PREPARED AND INCLUDED IN THE LITERATURE PROVIDED TO POTENTIAL BUYERS. 4. WETLAND BOUNDARIES SHALL BE POSTED IN A MANNER ACCEPTABLE TO THE ENVIRONMENTAL ADMINISTRATOR. 5. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE PROVIDED: • City Council Minutes Page 9 June 18, 2012 ----------------------------- A. A 25 -FOOT EASEMENT ADJACENT TO THE OUTSIDE EDGE OF • DELINEATED WETLANDS TO NOTE, PRESERVE AND PROTECT THE REQUIRED NO -TOUCH BUFFER. B. A 20 -FOOT PEDESTRIAN EASEMENT ADJACENT TO THE 25- FOOT EASEMENT ON THE OUTSIDE EDGE OF THE DELINEATED WETLANDS TO PROVIDE FOR THE FUTURE CONSTRUCTION OF A PEDESTRIAN AMENITY. C. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. D. 34 SHADE TREES SHALL BE ADDED ALONG THE TRAIL ON THE EAST SIDE OF TWIN LAKES ROAD. E. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: F. IN THE FORM OF CASH FOR 19.12 ACRES LOTS AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. (CURRENTLY $2,485 PER ACRE) G. ALL REQUIRED SUBDIVISION /PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. H. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER 1 YEAR, UNLESS THE PROPERTY OWNER OR OWNER'S AGENT HAS SUBMITTED A FINAL PLAT OR LETTER OF REQUEST FOR EXTENSION. • MOTION CARRIED 4 -0. 8.1 Visioning Update MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THIS ITEM TO JULY 2, 2012. 9. Announcements Councilmember Motin questioned if the city had any fees in place for when applicants miss deadlines. Staff indicated there is no fee currently in place but this item could be reviewed during the budget process and fee schedule discussions. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:50 p.m. J �e.M • City Council Minutes June 18, 20 Tina Allard, City Clerk Page 10 • C7