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04-16-2007 CC MIN e e e Members Present: Members Absent; Staff Present; Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 16,2007 Mayor Klinzing, Councilmembers Zerwas, Motin, Farber, and Gumphrey None City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, City Attorney Peter Beck, Environmental Administrator Rebecca Haug, Finance Director Tim Simon Planning Commissioner Matthew Westgaard 1. Call Meetinl[ 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 Klinzing. 2. Consider 04/16/2007 Agenda Mayor l<Jinzing added consideration of a massage establishment/therapist license transfer under other business. Councilmember Farber added lee Arena Commission update under council updates. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda Councilmember Gumplirey asked that item 3.9. be discussed after open mike. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 3.8. CHECK REGISTER PAY ESTIMATES AUTHORIZATION TO HIRE LABORERS CORRECTION TO EXECUTIVE SECRETARY/DEPUTY CLERK PAY CALL SPECIAL MEETING FOR MN/DOT TOUR RESOLUTION 07-45 ACKNOWLEDGING CONTRIBUTION FROM THE DAVID R. MARSHALL FOUNDATION TO THE ELK RIVER FIRE DEPARTMENT REQUEST BY WOODLAND HILLS LLC TO EXTEND RECORDING OF PRESTIGIOUS WOODLAND HILLS 2ND ADDITION PLAT CONCUR AND APPROVE DECERTIFICATION OF TIF DISTRICT #15 (MCCHESNEY) City COWlcil.Minutes April 16, 2007 Page 2 3.10. RESOLUTION 07-46 ACKNOWLEDGING CONTRIBUTIONS FROM VARIOUS BUSINESSES TO SUPPORT THE 2007 ELK RIVER ENERGY EXPO CITY FACILITIES GARAGE AND RECYCLING CONTRACT AMEND SOLID WASTE FACILITY LICENSE e 3.11. 3.12. MOTION CARRIED 5-0. 4. Open Mike Ron Bowen, Prairie Restorations - indicated that he would like the city to embrace the idea of saving the prairies and native landscapes. He noted that not ail locations are a good fit for prairie grass and he would be interested in meeting with the Council to tour areas under consideration for prairies. Mayor Klinzing asked Mr. Bowen to contact Parks and Recreation Director Bill Maertz to schedule a meeting with the Council on this issue. Lisa Ratke, Hope Filled Hands - indicated that she is the Elk River chairperson for the Made in Minnesota project. Ms. Ratke explained the project is an effort for cities in Minnesota to raise $63,000 each to cover the cost of materials to build a house for victims of Hurricane Katrina. She stated that on June 23, 2007 each community will be constructing the frame of a house which will then be delivered to New Orleans for completion. Ms. Ratke invited Mayor Klinzing to come to New Orleans in September to hand over the house keys. e 3.9. Notice of Street Departruent Retirement Authorization to Hire Two Seasonal Laborers. and Extend Hours of Clerical Person Councilmember Gumphrey questioned why the request for seasonal laborers was not included in the original budget. Ms. Johnson stated that this request would not have been made if it were not for Mr. Mackendanz retiring and that the timing of his retirement was not known during budget discussions. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO AUTHORIZE THE HIRE OF TWO SEASONAL LABORERS AND TO TEMOPRARILY INCREASE CONNIE SCHWECKE'S HOURS BY FOUR PER WEEK FOR THE REMAINDER OF 2007. MOTION CARRIED 5-0. 5.1. Presentation by Resource Recovel;yTechnologies (,RKQ (formerlv NRG) Environmental Administrator Rebecca Haug provided a reminder that the Energy Expo is Saturday, April 21 at Twin Lakes Elementary. Gary White, Vice President Operations RRT - presented a donation of $5,000 to be used for the Energy Expo. Mayor Klinzing read a resolution acknowledging RRT for their generous donation. e City Council Minutes April 16, 2007 Page 3 e MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-47 ACKNOWLEDGING THE CONTRIBUTION FROM RESOURCE RECOVERY TECHNOLOGIES (RRT) TO BE USED FOR THE ENERGY EXPO. MOTION CARRIED 5-0. 5.2. 2006 NPDES Permit Update/Annual Meeting Environmental Administrator Rebecca Haug indicated tbat a requirement of tbe city's NPDES permit is to hold a public meeting each year for tbe purpose of providing an update on tbe permit. Ms. Haug explained the city's progress in continuing to meet tbe six minimum control measures as required by tbe NPDES permit. Ms Haug stated tbat anotber component of the permit is to adopt a storm water ordinance. She stated that a storm water ordinance has been drafted which will come back for formal adoption on May 7, 2007. Mayor Klinzing opened tbe public hearing. Arthur Jackett, 19045 Xavier Street -indicated that half of his property is wedand and he is not sure how tbe storm water ordinance will affect his property. He stated tbat he will review the storm water ordinance and get back to staff with comments. There being no one else to speak to this issue, Mayor Klinzing closed tbe public hearing. 5.3. Request bv Richard Kurth ()3roadway Pizza and Bar) for Amendment to Existing Conditional Use Permit to Revise Storage Building Dimensions Case No. CU 07-09 Public Hearing e Planning Manager Jeremy Barnhart indicated tbat tbe applicant is requesting a larger storage building tban what was approved witb his original conditional use permit (Case No. CU 05- 13). Mr. Barnhart reviewed the request noting tbe building is generally not consistent witb a highway business use, but is not prohibited. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed tbe public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE REQUEST BY RICHARD KURTH (BROADWAY BAR AND PIZZA) FOR AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT TO REVISE STORAGE BUILDING DIMENSIONS, CASE NO. CU 07-09 WITH THE FOLLOWING CONDITIONS: e 1. THE 40' X 56' BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE 40' X 56' BUILDING SHALL BE USED FOR STORAGE PURPOSES ONLY. 3. THE 40' X 56' BUILDING SHALL BE SETBACK 25-FEET FROM THE WEST PROPERTY LINE. 4. NO EXISTING TREES ALONG THE WEST PROPERTY LINE SHALL BE REMOVED WITH THE CONSTRUCTION OF THE 40' X 56' BUILDING. City Council1\1inutes April 16, 2007 Page 4 5. THE MASONRY WAINSCOATING SHALL ONLY BE APPLIED TO THE NORTH, EAST, AND SOUTH SIDES. e MOTION CARRIED 5-0. 5.4. Ordinance Amendment Requested by Ci\V of Elk River to Section 30-1006 Dimensional Regulations Case No. OA 07-04. Public Hearing Planning Manager Jeremy Barnhart reviewed the request for an ordinance amendment to revise the minimum lot size for the R2(a) Zoning District. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Farber expressed concern over modem looking houses being built on the newly created lots which would take away from the old town feel of the neighborhood. He stated that he would like to see the Heritage Preservation Commission look into establishing design standards in this area. Mr. Barnhart explained that he believes the lot size would be a determination of the character of the house. Mayor Klinzing questioned if design standards have been studied for this area. Mr. Barnhart explained that they have not and that they could be looked into if the Council has demonstrated goals they would like to see. City Attorney Peter Beck stated that the only example of this form of design standards he has experienced is under new development agreements or at a community specifically preserving the historical nature of the area. e Councilmember Motin indicated that this issue was discussed with the Housing and Redevelopment Authority and they believe development in this area is too far out to worry about at this time. He noted that he does not agree that this area's development will be that far into the future. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 07-03 AMENDING SECTION 30-1006 "PRINCIPAL STRUCTURES" OF THE CITY CODE OF ORDINANCES, CASE NO. OA 07-04. MOTION CARRIED 3-2. Councilmembers Farber and Motin opposed. Mr. Beck questioned if the Council is interested in providing staff direction to look into heritage preservation design standards for the area as this would be a major undertaking. Mayor Klinzing indicated that she is interested in having staff explore implementing fa\,ade requirements similar to what was implemented downtown, 5.5. Sign Moratorium Update Planning Manager Jeremy Barnhart requested Council conf11'IIlation on the following issues as understood by staff before proceeding with revisions to the sign ordinance: . Safety related to bright, often changing text e City Council Minutes April 16, 2007 Page 5 . Changeable copy signs change too often and are evolving into animated signs Concern of billboards turning into huge television screens Lack of clarity in defining animated signs and/or flashing signs. Mr. Barnhart noted that staff believes anything other than time and temperature qualifies as animated or flashing. e . . The Council concurred that staffs understanding is consistent with Council concerns. Mr. Barnhart reviewed the preliminary timetable with the Council. 6. Other Business Consider Massa~e Establishment/Therapist License Transfer for Delores Matz North Counl:1;y Massage City Administrator Lori Johnson indicated that the applicant would like to transfer her massage establishment license and massage therapist license to 200 5th Street, Suite D. Ms. Johnson noted the reason why this was added tonight was because her information was not submitted on time to be on the consent agenda but the applicant would like to begin work at her new location Friday. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE LOCATION TRANSFER OF A MASSAGE ESTABLISHMENT AND MASSAGE THERAPIST LICENSE TO DELORES MATZ - NORTH COUNTRY MASSAGE TO 200 - 5TH STREET, SUITE D CONTINGENT UPON THE APPLICANT MEETING ALL APPLICABLE FIRE CODES. MOTION CARRIED 5-0. e 7. Council Updates Councilmember Farber ptovided an update on the Ice Arena Commission meeting held April 10, 2007. He stated that discussion took place on increasing the ice rental rates, new benches in the locker rooms, energy efficient lighting, advertising, lobby size, and possibly selling naming rights for the arena. Ms. Johnson indicated that Council approval would be needed to purchase the benches out of landfill abatement funds. She stated that staff was planning on bringing this item back for approval in the future but if the Council wishes, they may chose to approve the use of landfill funds tonight. Ms. Johnson noted that she anticipates the total cost for the benches will be approximately $8,000. She also noted that the new benches will be made of a more durable, recycled material. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE UP TO $8,000 OF LANDFILL ABATEMENT FUNDS FOR THE PURCHASE OF NEW BENCHES FOR THE ICE ARENA LOCKER ROOMS. MOTION CARRIED 5-0. Councilmember Motin stated that he is unable to attend the next Planning Commission workshop and since there are new commissioners on the commission, he would like a Councilmembet to attend in his absence. Councilmember Farber indicated he will attend. e City Council ~utes April 16, 2007 Page 6 8. 8.1. Staff Updates N extel Lease e City Administrator Lori Johnson provided an update on the progress of the Nextel antenna lease. City Attorney Peter Beck noted that staff originally thought that space on the antenna would be required for the 800 MHz conversion but that is no longer the case. He stated that antenna space will be reserved for the city in the instance that it is required in the future. Discussion took place on the city receiving payment if additional carriers use the antenna. Mr. Beck indicated that Nextel has been reluctant to agree to this stipulation but that a compromise may be for Nextel to rent a small portion of the antenna and for the city to lease the remaining space to additional carriers. The Council concurred that staff should continue to work with Nextel on the lease and bring back for formal approval. 8.2. YMCA Update City Administrator Lori Johnson provided an update on a couple YMCA related issues. Ms. Johnson stated that staff has been working on fInalizing the lease with the YMCA and plan to meet with YMCA representatives to work through a few outstanding issues. She noted that the lease is with the EDA because of the flnancing structure but Council approval is required as well. Ms. Johnson stated that a committee of YMCA representatives, city staff, and Councilmember Gumphrey interviewed construction management companies. She stated that the committee is recommending RJM construction because of their experience and price. She noted that a request for formal approval of the contract with RJM will come on May 7 following the lease approval. e Councilmember Motin clarified that the lease includes a provision for the building not to be built if the cost analysis comes in too high. Ms. Johnson indicated that the lease does address that issue. 8.3. Webstreaming Marketing Proposal City Administrator Lori Johnson explained that CGI Communications, Inc. is interested in providing four videos (approximately 1 minute in length) for the city at no cost or liability that can be played over the city's website. Ms. Johnson outlined the program. She explained that costs are covered by CGI marketing and promoting the video to local businesses. Local business advertising is allowed on the perimeter of the video panels with a video link provided to highlight their businesses. Ms. Johnson noted that the city's current website policy does not allow for advertising on our website and this may need to be modified to allow minimal business advertising. Discussion took place on whether or not the city would have discretion over which type of businesses are allowed to advertise. Ms. Johnson indicated that she will clarify this issue and will work with Mr. Beck on the details. e City Council I\.1inutes April 16, 2007 Page 7 e Mayor Klinzing questioned if the Council has the option of review and final approval on the videos. Ms. Johnson stated that they would. The Council concurred that staff should continue to work with CGI on producing a city video if the advertising issue is addressed. 9. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:51 p.m. Minutes prepared by Jessica Miller. ~. L~f(;') Tina Allard City Clerk e e