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08-28-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 28, 2000 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Die~ Farber, Motin, and Thompson None Pat Klaers, City Administrator; Sandra Peine, City Clerk; Lori Johnson, Finance Director; Peter Beck, City A~orney; Terry Maurer, City Engineer; Michele McPherson, Director of Planning; Steve Rohlf, Building and Zoning Administrator; Tom Zerwas, Police Chief; Mark Nevinski, Assistant Director of Economic Development; and Cathy Mehelich, Director of Economic Development Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Klinzing. Consider 8/28/2000 A.qenda COUNClLMEMBER MOTIN MOVED TO APPROVE THE 8/28/00 AGENDA. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent A.qenda COUNClLMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3.a. 3.3.b. 3.4. 8/21/2000 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED PAY ESTIMATE #5, EASTERN AREA TYLER STREET IMPROVEMENTS TO LATOUR CONSTRUCTION, INC. IN THE AMOUNT OF $66,345.06 - APPROVED PAY ESTIMATE # 15, EASTERN AREA WATER AND SEWER IMPROVEMENTS TO S.R. WEIDEMA IN THE AMOUNT OF $170,168.12 - APPROVED RESOLUTION 00-73 AMENDING RESOLUTION 00-62 AND RESOLUTION 00-63 APPROVING SUBSIDY ASSISTANCE FOR RIPPLINGER AND EQUITY MANAGEMENT - APPROVED COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes August 28, 2000 Page 2 4.1. Presentation of Lidar Radar to Police Department from Representatives of Safe and Sober Pro.qram Representatives of the Minnesota Department of Public Safety presented the Elk River Police Department with a Lidar Radar Device. The presentation was made to Officer Tony Musatov and Sergeant Jeff Mordal. 4.2. Environmental Quality Board Response to Petition Re.qardin.q the City of Elk River Status as the Responsible Governmental Unit for the Requested Environmental Assessment Worksheet (EAW) Building and Zoning Administrator Steve Rohlf explained that an Environmental Assessment Worksheet was previously done for the Country Crossing Project in 1994. He indicated that the proposed OPUS facility is located within the area where the EAW was completed and that the proposed facility is consistent with the EAW. Steve further noted that the Environmental Quality Board has determined that the city is the appropriate governmental unit to decide the need for an EAW. 4,3. Consider Petition for EAW for the Opus Northwest (ANC/Softpac Industries Inc.) Proposal Director of Planning Michele McPherson responded to the petition submitted to the Council on August 21, 2000 opposing the conditional use permit and requesting an EAW regarding the proposed manufacturing facility located on Lot 1, Block 1, Country Crossing Business Center Third Addition. Following her response to each of the statements in the petition, she concluded that the project does not have any potential for creating significant environmental effects. Michele stated that staff's recommendation is to deny the request for a discretionary EAW and to approve the conditional use permit with the conditions outlined in the staff report. COUNClLMEMBER FARBER MOVED TO ADOPT RESOLUTION 00-74 REGARDING THE PETITION REQUESTING THE PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE OPUS NORTHWEST AND ANC SOFTPAC FACILITY. COUNClLMEMBER THOMPSON SECONDED THE MOTION. COUNClLMEMBER MOTIN MOVED TO AMEND THE MOTION BY DELETING ITEM G "THE FACILITY WILL NOT CAUSE FURTHER DEVELOPMENT" FROM THE RESOLUTION. COUNClLMEMBER FARBER SECONDED THE MOTION. THE AMENDMENT CARRIED 5-0. THE MOTION AS AMENDED CARRIED 5-0. 4.4. Request by Opus Northwest (ANC/Softpac Industries, Inc.) for a Conditional Use Permit Mayor Klinzing indicated that the applicant is requesting approval of a conditional use permit to allow construction of five 12' x 37' aboveground storage tanks to be constructed in conjunction with a manufacturing facility. City Council Minutes Page 3 August 28, 2000 COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY OPUS NORTHWEST TO ALLOW ABOVE-GROUND STORAGE TANKS WITH THE FOLLOWING CONDITIONS: 1. THE LANDSCAPE PLAN BE REVISED TO INCREASE SCREENING ALONG 183RD AVENUE. 2. THE WESTERLY DRIVEWAY BE LOCATED CLOSER TO THE PROPERTY LINE TO ALLOW FOR FUTURE SHARED DRIVEWAY OPPORTUNITIES. 3. THE APPLICANT SHALL WORK WITH CITY STAFF TO DEVELOP A GRADING AND DRAINAGE PLAN TO ALLOW JOINT PONDING ON THE SITE. 4. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 5. THE NOISE LEVELS FROM THE PLANT SHALL BE MONITORED FOR SIX MONTHS AFTER START UP TO ENSURE COMPLIANCE WITH MPCA NOISE STANDARDS. THE APPLICANT SHALL REMEDY ANY VIOLATIONS OF THE NOISE STANDARDS WITHIN 10 DAYS OF NOTIFICATION BY THE CITY. 6. THE APPLICANT SHALL REMEDY VIOLATIONS OF THE STATE ODOR STANDARDS WITHIN 10 DAYS OF NOTIFICATION BY THE CITY. 7. FOR TRUCK TRAFFIC OCCURRING BETWEEN THE HOURS OF 7 PM AND 7 AM, ALTERNATE WARNING DEVICES SUCH AS STROBES, MICROWAVES, OR CAMERAS SHALL BE USED. 8. THE DRIVEWAY ON THE SOUTH SIDE OF THE BUILDING SHALL BE FOR EMERGENCY VEHICLES ONLY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Mayor Klinzing noted that she would accept questions from the audience. She further noted that the public hearing for the conditional use permit has been closed. Steve Stewart - 18290 Ogden - Questioned the use of TIF and whether the city would lose tax money with this project. Al Cannon - 13363 182nd Avenue - Questioned the notice requirements and had a question about the pond runoff, Steve Flory - 1333§ Riverview Drive - Questioned the road limits and standards and how they would affect the trucks from the proposed business. Rick Gould - 18249 Naples - Questioned whether the building would resemble the surrounding residential area, Jill Burns - 13340 182nd St. NW - Questioned whether the second phase of the project would be considered light manufacturing. City Council Minutes Page 4 August 28, 2000 Mary Tebenkamp - 18235 Kent Street - Questioned if there would be additional loading trucks with the second phase. Heather Altman - 13535 182nd Ave. - Requested to hear an explanation of the difference between light manufacturing and industrial. Shawn Unen - Riverplace West Homeowners Association - Suggested that the new requirements for business parks that are currently being developed by the Planning Commission, be applied to this project. He further suggested underground storage tanks and an upgraded building front. Ben Anderson - 13710 182.d Avenue - Questioned if there could be an open- ended condition to notify the city of problems such as light glare and noise. There being no further comments, Mayor Klinzing called for the vote. COUNClLMEMBER MOTIN MOVED TO AMEND THE MOTION BY CHANGING CONDITION #5 TO ADD THAT MONITORING MAY ALSO BE REQURIED IN THE FUTURE DEPENDING ON COUNCIL OR STAFF'S DISCRETION. COUNClLMEMBER FARBER SECONDED THE MOTION. THE AMENDMENT CARRIED 5-0. THE MOTION AS AMENDED CARRIED 5-0. The Council recessed at 7:15 p.m. and reconvened at 7:25 p.m. 4.5. Consider TIF District No. 21 - Opus Northwest/(ANC/Soflpac Industries, Inc.) Assistant Director of Economic Development Marc Nevinski requested the Council to consider a resolution approving TIF District # 21. Marc explained that TIF District No. 21 will assist in financing the development of the Emmerich site in the West Business Park. The project will include the purchase of land and the construction of a 73,000 square foot manufacturing facility by Opus Northwest, LLC0 The facility will be leased to SoflPac, Inc. who will produce, package, and distribute various juice drinks in pouches or boxes. Marc reviewed the staff report on this issue. COUNClLMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-75 APPROVING DEVELOPMENT DISTRICT AND TAX INCREMENT FINANCING DISTRICT PLANS. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Consider Opus Northwest/(ANC/Softpac Industries, Inc.) Developer A.qreement Marc Nevinski reviewed the details of the development agreement for TIF District No. 21, which outlines the terms and conditions for the collection and disbursement of tax increment dollars for the SoftPac/Opus project. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 00-76 APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT ASSISTANCE AGREEMENT FOR THE SOFTPAC PROJECT. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes August 28, 2000 Page 5 4.6A. Consider Business Center Restripin.q City Engineer Terry Maurer recommended that Business Center Drive be restriped to a 3-lane configuration from Joplin Street to Waco Street. He stated that a 3- lane configuration would result in a safer environment for vehicle traffic on Business Center Drive as this would allow semi trucks to make left turns from a left turn lane. COUNClLMEMBER THOMPSON MOVED TO AUTHORIZE THE RESTRIPING OF BUSINESS CENTER DRIVE TO A 3-LANE CONFIGURATION. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.7. Consider Card Key Access Proposal for City Hall Police Chief Tom Zerwas reviewed the proposal for a new card key access system for city hall. He indicated that the city has experienced numerous problems with the existing system. He indicated that the cost of the new system is $10,401.70. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE PURCHASE A NEW ACCESS KEY SYSTEM FOR CITY HALL AT A COST OF $10,401.70. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for open mike. 6. Other Business COUNClLMEMBER MOTIN MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS PENDING LITIGATION RELATING TO THE CARGILL CASE AND THE SMITH CASE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 7:45 p.m. Following the executive session the Council reconvened at 8:38 p.m. 4.8. Consider Action on Car.qill COUNClLMEMBER FARBER MOVED TO APPROVE THE NEGOTIATED SEI'rLEMENT AGREEMENT WITH CARGILL. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.9. Consider Action on Smith Liti.qation The City Attorney recommended that no action be taken at this time and indicated that he would attempt to provide agreed upon documentation to the City Council at a later date. City Council Minutes August 28, 2000 Page 6 4.10. Consider Response to Northstar Corridor Letter on Maintenance Facility and Depot Location/Design The City Administrator distributed a draft letter to Tim Yantos, Executive Director of the Anoka Regional Railroad Authority. The letter explained the city's concerns regarding the maintenance facility proposed for 171st Avenue. The Council reviewed the letter and requested that some revisions be made to the letter. It was the consensus of the Council to send the letter to Tim Yantos expressing the city's concerns with the recommended revisions, 7. Budget Worksession Due to the lateness of the evening, the budget worksession was postponed. 8.1. Consider Special Budget Meetin.q for the Week of September 5, 2000 COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON WEDNESDAY, SEPTEMBER 6, AT 6 PM. FOR THE PURPOSE OF WORKING ON THE 2000 BUDGET. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.2. Consider Resi.qnation from Duane Kropuenske COUNClLMEMBER FARBER MOVED TO REGRETFULLY ACCEPT THE RESIGNATION OF DUANE KROPUENSKE FROM THE HRA. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPOINT PAUL MOTIN TO THE HRA TO REPLACE DUANE KROPUENSKE'S TERM EXPIRING 12/31/01. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER MOTIN ABSTAINED. 9. Staff Updates There were no staff updates 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:00 p.m. City Clerk EXECUTIVE SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 28, 2000 Members Present: Members Absent: Staff Present: Mayor Klinzing, Councilmembers Dietz, Farber, Motin, and Thompson None Pat Klaers, City Administrator; Sandra Peine, City Clerk; Terry Maurer, City Engineer; and Peter Beck, City Attorney Call Meetin.q To Order Pursuant to due call and notice thereof, the executive session of the City Council was called to order at 7:50 p.m. by Mayor Klinzing. Mayor Klinzing noted that the purpose of the executive session was to discuss pending litigation relating to the Cargill and Smith cases. City Attorney Peter Beck reviewed the proposed final agreement relating to the Cargill/City of Elk River (East Elk River public improvement project) litigation. City Attorney Peter Beck reviewed the pending litigation case of Tim Smith relating to the violation of the Conditional Use Permit. Adjournment There being no further business, Mayor Klinzing adjourned the executive session of the Elk River City Council at 8:27 p.m. Sandra Peine City Clerk