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02-18-2014 CCM d City of Meeting of the Elk River City Council ®ver Field at the Elk River City Hall Tuesday, February 18, 2014 Members Present: Mayor Dietz, Councilmembers Wilson,Burandt,Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Community Operations and Development Deputy Director Manager Jeremy Barnhart, Finance Director Tim Simon, Fire Chief John Cunningham,Planner 1 Zack Carlton,Park Planner Chris Leeseberg, City Engineer Justin Femrite, Economic Development Director Brian Beeman, City Attorney Peter Beck, and City Clerk Tina Allard I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:10 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. .Consider 02 118/2014 Agenda Council pulled Item 4.9 from the Consent Agenda and added Item 8.5 titled, Commercial Reserve District, to the General Business portion of the agenda. . Moved by Councilmember Westgaard and seconded by Councihnember Wilson to approve the February 18,2014, agenda as amended. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve the following consent agenda: 4.1 January 21, 2014, Regular Council Minutes. 4.2 Check register as outlined in the staff report. 4.3 Hire Kristin Mroz as Environmental Technician effective February 20, 2014. 4.4 Adopt Ordinance 14-02 amending Section 2-352, Membership; Officers; Compensation of Members, and 2-355, Meetings and Rules of Procedures, Relating to the Energy City Commission. City Council Minutes Page 2 February 18,2014 4.5 Adopt Ordinance 14-03 amending Section 2-297, Membership, and 2- 299, Meetings and Rules of Procedure, Relating to the Planning Commission 4.6 Quote from Sam's Lawn Care, Inc. for Twin Lakes Road landscaping improvements at a cost not to exceed$30,625.50 4.7 Tax Increment Financing Policy outlined in the staff report. 4.8 Tax Abatement Policy as outlined in the staff report. 4.10 Hire Jake Larson as Fulltime Liquor Store Clerk effective February 19, 2014. 4.11 Purchase Skid Steer with accessories and attachments as outlined in the staff report. Motion carried 5-0. 4.9 Business Subsidy Policy as outlined in the staff report. Councilmember Motin discussed changes made to the Business Subsidy Policy by the Economic Development Authority at their 5:30 p.m. meeting. He noted that Number 23 (Section II) be incorporated into Number 1 and Number 21 so people reviewing the policy see they could still qualify for a business subsidy and may not need a public hearing and have limited reporting form requirements. Moved by Councilmember Wilson and seconded by Councilmember Motin to adopt the Business Subsidy Policy with the changes noted above. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. .1 City of Elk River Volunteer of the Month ® Mayor Dietz Mayor Dietz introduced, read,and presented a plaque to Don McRae Volunteer of the Month for February. He noted the following volunteering accomplishments: ® Only charter member still remaining in the Elk River Lions Club. ® Helped founded the Lions Club back in 1971. ® Collects eye glasses for the Lions. ® Organizes 55 Alive classes for the Lions. ® Assisted with conversion of the former Ella River Bank to the Elk River Lutheran Church. ® Served 2 years on Ella River City Council. ® Precinct caucus chair for the DFL. ® Collected garbage from local highways. ® Donated 14 gallons of blood. Council congratulated Mr. McRae and thanked him for his hard work. P 0 W E H f D 0 E NATURE] City Council Minutes Page 3 February 18,2014 6.2 Recognition of 23 Years of Services Liquor Store Employee )o nn Warren Liquor Store Manager Dave Potvin discussed Ms. Warren's employment with the store and stated she makes everyone laugh every day and they looked forward to working with her. He further stated she will be missed by staff and customers. The Mayor read the proclamation and presented it to her. The Council thanked Ms.Warren for her years of service to the city. 7.1 Conditional Use Permits Anytime Fitness, Case No. CU 14-04 Mr. Carlton presented the staff report. Councilmember Motin stated he has represented the applicant in the past but there is not benefit to him for voting on this item. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve Conditional Use Permit, Case No. CU 14-04 to Anytime Fitness to operate a physical recreation facility in the Hillside Crossing Planned Unit Development,with the following conditions: 1. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of all required permits before construction may begin. 2. The applicant must apply for and receive approval of all required sign permits before signage may be installed. Motion carried 5-0. 7.2 Lot Split: CPE Exchange, Case No. LS 14-01 Mr. Carlton 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 is enough land in the 1.5 acre parcel to allow for a different use, such as an industrial building with sufficient parking. Staff stated yes, noting the minimum lot size in the Park is 1 acre. P 0 W E R E 8 8 } NAYURE City Council Minutes Page 4 February 18,2014 ----------------------------- Councilmember Motin stated he would not be in favor of an expansion of Spectrum School in this location due to complaints he's received regarding parking and pedestrian movement. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve Lot Split, Case No. LS 14-01 to split a 4.12 acre parcel into two parcels as shown in the Minor Subdivision Survey in the staff report. Motion carried 5-0. I 8.1 Quiet Zones Update and Notice of Intent Mr. Femrite presented the staff report and a presentation regarding quiet zones and the supplemental safety measures requested at each intersection by Burlington Northern Santa Fe and Federal Rail. He noted the last sentence that is a question under the Great River Energy section (page 2) in the Notice of Intent should be removed and was just an internal staff note. Council questioned if the county is supportive of quiet zones on the three county road intersections. Staff stated there is support among county staff but there have not been any conversations with commissioners yet and that this item will need to go to the county board for consideration. Moved by Councihnember Wilson and seconded by Councihnernber Westgaard to approve the Notice of Intent (with the change noted above) to establish a quiet zone, and direct staff to distribute the notice to all affected agencies in accordance with Federal Quiet Zone rules. Motion'carried 5-0. 8.2 Billboards Mr. Carlton presented the staff report. Councilmember Motin stated billboard advertising doesn't need to be expanded in the city. Councilmember Westgaard stated it comes down to looking at this as a principle or conditional use. He stated reducing the lot size is not the right answer because it opens up issues on the industrial development side. Councilmember Westgaard stated he doesn't want to see the billboards get as populated as they currently are on Highway 10 but he does feel they serve a purpose for local businesses for advertising. He stated by allowing a conditional use, the property would not be limited by its industrial use,which could still remain the primary purpose of the Property. There was discussion on the number of billboards that would be allowed with a conditional use versus a principle use. Py0WER £ 0 0Y City Council Minutes Page 5 February 18,2014 Councilmember Burandt concurs with Councilmember Westgaard. Counciltnember Wilson felt the conditional use would give the property owner more flexibility to make use of their property for a financial benefit. He stated he doesn't see this as a detriment to the community due to the number of potential signs. Mayor Dietz agreed. Staff was directed to move forward with an ordinance amendment permitting billboards as a conditional use in the I-2 zoning district. 8.3 Nature's Edge Phase 11, Resolution for DEED Grant, and Select Engineer Mr. Femrite presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to adopt resolution 14-08 for Business Development Infrastructure Application. Motion carried 5-0. Moved by Councihnember Motin and seconded by Councilmember Wilson to approve up to $89,900 in professional service expenses to Hakanson Anderson and Associates, Inc. for design and construction management services on Nature's Edge Business Center Phase II. Motion carried 5-0. 8.4 Insurance Service Office (ISO) Rating Chief Cunningham presented the staff report and a presentation. Mayor Dietz stated some citizens who blame the ISO rating on increased insurance costs have contacted him and asked about this topic. He stated he contacted his own insurance company who noted the main reason for insurance increases is due to the number of claims filed in Minnesota recent history. He stated the agent further noted that an ISO rating between 1 and 8 would not affect insurance policy costs. 8.5 Commercial Reserve District Mayor Dietz questioned if Council would be willing to direct planning staff to start the mining study earlier than normal because there is a citizen who wants to build a large project in the area. Council concurred and directed staff to bring the scope and budget back at a future meeting. f P�0W ER £ 0 0 F City Council Minutes Page 6 February 18,2014 Mr.Barnhart stated he would bring Council the scope and budget of the project. He further stated he originally intended to start the project this summer when he had staff more trained into positions. Councilmember Motin stated the Comprehensive Plan Action Committee plans to put in a provision for the commercial reserve district to move forward sooner then what was originally planned. He noted this would not be a short-term plan,will take time to complete, and there may not be an answer this year for the citizen. He noted the Council has to look at what fits for the area and how the entire area will be affected for the long-term. Mayor Dietz questioned if the plan could be done by the end of year. Mr.Barnhart noted the scope would outline the expectations and it will take several months because other things need to be considered such as transportation and any potential conflicts or issues that arise during the planning process. Council recessed at 7:53 p.m.in order to go into worksession. Council reconvened at 8:00 p.m. 9.1 Board/Commission Interviews Council interviewed applicants for the various board and commission openings. Terms are valid March 1,2014 to February 28, 2017. Moved by Councilmember Motin and seconded by Councilmember Westgaard to appoint Jim Hamann, Matt Westgaard,Jason Hoskins, and Chris Tanaka to the Energy City Commission. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Motin to appoint Lance Lindberg and Debra Mortensen to the Heritage Preservation Commission. Motion carried 5-0. Moved by Councilmember Motin and seconded by Councilmember Westgaard to appoint Brian Ballenger, Ryan Hohngren, and Michael Larson to the Ice Arena Commission. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Westgaard to appoint Michael Niziolek and James Nystrom to the Parks and Recreation Commission. Motion carried 4-1. Councilmember Motin opposed. Councilmember Motin stated he had no issues but noted he would like to give a new applicant a chance to serve on the commission. INATURE] p�awtata s � City Council Minutes Page 7 February 18,2014 Moved by Councilrnember Burandt and seconded by Councilmember Motin to appoint Jill Larson-Vito to the Planning Commission. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Westgaard to appoint Allan Nadeau to the Utilities Commission. Motion carried 5-0. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:22 p.m. n J. ietz, Mayor Tina Allard, City Clerk �owt � � o ar