02-19-2008 CC MIN
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
TUESDA V, FEBRUARY 19, 2008
1\.:[Cl11 bers Pres en t:
rvlayor l<linzing, Counciln1en1bers Zel\vas, lvIotin~ and GUlnphrey
Ivfcn1 bers j\ bscn r:
Counciln1enlber Farber
Staff Present:
City I\dnunistrator Lori Johnson, Planning lvlanager Jeren1Y Barnhart,
Senior Planner Sheila Cartner. Public \Xl arks Director I'erry IvIaurer, City
.l\ttorney Peter Beck) Finance Director TilU Simon, Director of Econot1uc
Developn1ent Ca therinc tvIehelich, Environn1cn tal j\dnunis trator H..ebecca
I~Iaug, and City Clerk Tina j\ll~rd
./\1:;0 Present:
Planning C01111nissioner Brad Stevens
1. Call fvlccr.in g "r 0 Order
Pursuant to due call and notice thereof, the n1ccting of the Elk Hiver City Council \vas called
to order at 6:30 p.lll. by 1\...fayor I(linzing.
2. Consider 2/19/2008 ..Agenda
1\-15. J ohn5011 requested to add i\nnuallteport Discussion to Other Business.
Counciltl1en1ber [vloun rCll10ved the February 4 Planning \\lorkshop 111inutes fran1 the
Consent agenda.
rvIOVED BY COUNCILMEIvIBER GU1vIPHREY AND SECONDED BY
COUNCILMEMBER ZER\VAS TO APPROVE TI-IE AGENDA AS AMENDED.
~10TION CARRIED 4..0~
3. Consider Consent f\genda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEIvIBER ZER\VAS TO APPROVE TI-IE FOLLO\VING CONSENT
AGENDA:
3.1 FEBRUARY 4, 2008 SPECIAL ~IINUTES.
3.2. CHECK REGISTER_
3..3. PAY ESTIl\1A TES.
3.4. GENERAL PLANNING PERMIT TO PLANT PLACE, INC. FOR
TErvIPORARY GREENHOUSE IN COBORN'S PARKING LOT, CASE
NO. GP 08-01 \V'ITH THE FOLLO\VING CONDITIONS:
1.. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
\VALKING SURFACE.
2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEIvIPORARY
SITE, THE SALES AREA SHALL BE DELINIATED \VITH A
BARRIER TO RESTRICT TRAFFIC.
City Council ?\linutcs
February 19, 2008
Page 2
3. THE GREENHOUSE/ GARDEN CENTER BE 1\WNT AlNED
FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION..
4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT \VITH
THE SUBlVIITTED SITE PLAN..
s~ THE GREENHOUSE AND DISPLAY AREA BE REMOVED
\VITHIN ONE \VEEK OF THE END OF TI-IE SALES PERIOD AND
THE SITE BE RETURNED TO ITS PREVIOUS CONDITION.
6.. ANY SIGNAGE SHALL REQUIRE A TEMPORARY SIGN PERlVIIT
\VHICH \VILL COUNT TO\VARDS THE PROPERTY'S TOTAL
ALLO\VED DAYS OF 90..
3.5. RESOLUTION 08-11 MvlENDING RESOLUTION 07-88 ESTABLISHING
TI-IE I-IERITAGE PRESERVATION COrvI?YIISSION MEETING DATES.
3.6. HIRE STEVE BENOIT AS RECREATION ~IANAGERAT PAY GRADE
10 STEP C.
3.7. ONE YEAR EXTENSION OF PRELIMINARY PLAT EAGLES rvIARSI-I
ADDITION.
3.8.. RESOLUTION 08-12 APPROVING PREivIISES PERlVIIT RENE\VAL
FOR TI-IE FRATERNAL ORDER OF EAGLES AERIE #3264.
3.9. RESOLUTION 08-13 AUTHORIZING STAFF TO SUBrvIIT AN
APPLICATION FOR A !vlINNESOTA DNR TRAIL CONNECTIONS
PROG~I GRANT..
3..10. PURCHASE OF DODGE NITRO IN THE AMOUNT OF $19,982.
3.11.. HIRE LAURA ESTBY AS PART TI!vlE ARENA OFFICE ASSISTANT AT
PAY GRADE 3, $14.82 PER HOUR.
3.12. NO ACTION.
3.13. ONE YEAR EXTENSION FORJABEZ FINAL PLAT.
3.14~ ADVERTISE REQUEST FOR PROPOSALS FOR LONG GRASS AND
JUNK YARD ABATEMENT.
rvIOTION CARRIED 4-0.
3.1.1\. February 4. 2008.. Planning \X!orkshop IvEnutes
Councilu1elnber 1\-1ou11 stated he dicln~t rCI11CIUber the Council discussing the cstablishn1ent
of historical preservation neighborhoods. I-Ie suggested the follo\ving language change in the
ll1in utes;
The suggested cll1phasis is to rehabilitate older hOll1es ~~nd s t;i.rt hi:;taric prC;:iCl-.-;lt!on
~e-t.4teet:hr instead of seeking out nc\v affordable housing.
rvIOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEivIBER GUMPHREY TO APPROVE THE IvIINUTES \VITH THE
CHANGE NOTED ABOVE~ MOTION CARRIED 4~O.
4. Open fvlikc
Noone appeared for Open I\like.
5.1. Consider H.csolution Authorizing Execution of a T':1X i\ batc111cn t and Business Subsidy for
E&O trocl Expansion~ Public Hearing
fVrS. ivIehelich presented the staff report.
City Council fvlinurcs
February 19, 2008
Page 3
rvfayor I<linzing opened the public hearing.
Tinl Osterman, President of E&O Tool-Stated ll11proven1cnts are needed in order to
ltl1prOVe operational efficiencies.
~Jayor }(linzing closed the public hearing.
!YIOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZER\VAS TO ADOPT RESOLUTION 08-14
AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS
SUBSIDY AGREEMENT FOR E&O TOOL~ MOTION CARRIED 4-0~
5.2. Consider H..esolution ..Authorizing Execution of an j\n1endment for Tax f\batelnent and
Business Subsidy ..Agreen1cnt \vith Ivlo\vry Properties~ I..lLC (1\Jcral Craft)
[vIs. l\'lehelicb presented the staff report.
rvl0VED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZER\VAS TO ADOPT RESOLUTION 08-15
AUTHORIZING EXECUTION OF AN AMEND!vIENT TO TAX ABATEMENT
AND BUSINESS SUBSIDY AGREEMENT FOR rvl0\VRY PROPERTIES, LLC~
lYIOTION CARRIED 4-0.
5.3. H.cqucst by Panlela R01"'\vick for j\dn1.inistrative Subdivision (Rocky Ivfanor). Case No. P 08-
02-Pllblic He:lring
~vIs. Cartney presented the staff report. She noted Council Inay see 1110re odd, flag shaped
lots developed in this area due to the nature of the current neighborhood lots and suggested
that the Council 111ay \vant to address this issue prior to future developtnent occurring.
IVIayor l(Jinzing opened the public hearing.
Panl ROf\vick, 9719 213th j\ venue-Stated she had to create the flag shaped lot due to the
uncertainty of the devcloplnent of adjacent property.
Cheryl Froehlich, 9797 213dl i\venuc-Expresscd concern \vith the 160 foot lot frontage
reg luren1 en t.
"tvlr. Barnhart stated the frontage requireluents \vere established in order to create IDore
space bet\veen the buildings and to n1aintain the rural character of the area.
1-1ayor }(linzing closed the public hearing.
CounCiln1Cll1ber tvIocin expressed concern \vith allo\vil1g flag shaped lots.
Counciln1C111bcr GUll1phrcy requested the discussion on lot shape be discllssed at the next
Coun cil \vorksession.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZER\VAS TO APPROVE THE ADMINISTRATIVE
SUBDIVISION FOR ROCKY :MANOR, CASE NO. P 08-02, AS ILLUSTRATED
City Council rvlinutcs
February 19, 2008
Page 4
ON DRA\VINGS DATED RECEIVED FEBRUARY 12, 2008 \VITH THE
FOLLO\VING CONDITIONS:
1. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES.
2~ PARK DEDICATION SHALL BE PROVIDED IN THE FOLLO\VING
MANNER:
A. IN THE FORM: OF CASH FOR 1 LOT AT THE RATE APPLICABLE
AT THE TIME OF RECORDING OF THE FINAL PLAT
($3,465.00/2008 RATE).
3. ALL REQUIRED SUBDIVISION/PARK INFORlvlATION SHALL BE
PROVIDED IN AN ELECTRONIC FORMAT (~D\VG FILE) AS REQUIRED
BY THE CITY ORDINANCE AND LAND USE APPLICATION PRlOR TO
RECORDING OF THE PLAT.
4.. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER
1 YEAR, UNLESS THE PROPERTY O\VNER OR O\VNERS AGENT HAS
SUBIvIITTED A FINAL PLAT OR LETTER OF REQUEST FOR
EXTENSION..
l\IIOTION CARRIED 4-0.
5.4. Request by I'vfo\vry Properties~ I~LC for i\dn1inistracivc Subdivision by Sinlple Plat rPortside
.i"\ddition)~ Case No. P OS-OI-Public Hearing
1\'1r. Barnhart presented the staff report.
tIny-or I<linzing opened the public hearing~ '"rhere being no one to speak to this issue, Ivlayor
l<linzing closed the public hearing.
MOVED BY COUNCILrvIEMBER GU~lPHREY AND SECONDED BY
COUNCILrvIErvlBER ZER\VAS TO APPROVE AN ADMINISTRATIVE
SUBDIVISION FOR PORTSIDE ADDITION, CASE NO~ P 08-01, AS
ILLUSTRATED ON DRA\VINGS DATED DECErvlBER 6,2007, \VITI-I THE
FOLLO\"X'ING CONDITIONS:
1~ TI-IE FOLLO\VING FEES SHALL APPLY:
A~ A SURFACE \VATER :MANAGEMENT FEE SHALL BE PAID AT
THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING~
2~ PARK DEDICATION SHALL BE PROVIDED IN THE FOLLO\VING
JYIANNER:
A. IN THE FORM OF CASH FOR 17~1-ACRES AT THE RATE
APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL~
3. A LETTER OF CREDIT IN THE AMOUNT OF 100tVo OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBivfITTED PRIOR TO THE
RELEASING OF THE FINAL PLAT FOR RECORDING.
4. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE
PROVIDED IN AN ELECTRONIC FORMAT (..D\VG FILE) AS REQUIRED
BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO
RECORDING OF THE PLAT.
5~ THE FINAL PLAT OF PORTSIDE ADDITION SHOULD PROVIDE
ACCESS CONTROL SUCH THAT THERE \VILL BE NO ACCESS FRO!vl
PORTSIDE ADDITION TO NAPLES STREET.
City Council ?\linutcs
February 19, 2008
Page 5
6~ ALL APPROPRIATE DRAINAGE AND UTILITY EASEMENTS, AS PER
PUBLIC \VORKS DIRECTOR MEMO DATED 2/12/08, NEEDS TO BE
PLACED ON THE FINAL PLAT ~
lVIOTION CARRIED 4-0~
J.j. H..cqucst by \\laconia Farn1 Supply for Conditional Use Pennit for Expansion of Use to
Include "rruck Rentals. Case No. CO 08-03
This !rCn1 \vas \vithdra\vn by the applicant.
5.6. Request by City of Elk River for Ordinance i\lnendInent to Section 30-1292 1-1 District to
i\Ho\v l)ublic \X/ater/\\'astc\vater Treat1l1ent Facilities as Permitted Use~ Public Hearing
!\{r. Barnhart presented the staff report.
I\.'Jayor I<linzing opened the public hearing. There being no one to speak to this issue, tvlayor
l(linzing closed the public hearing.
COllI1cihnenlber Ivlotin questioned ,vhy the city should allo\v this as a pern1itted use. I-Ie
stated it avoids the public hearing proccss~ \vhich \vould allo\v for public
COll1111cn ts / concerns.
T\.{r. Barnhart stated that the conditional use process puts the City Council in a position
\vhere they cannot react to citizen concerns due to cost, feasibility, etc~ and the public \vould
have an opportunity to speak through other avenues.
l\lr. Beck stated the Council could direct staff to send notification for public projects.
1\'15. J Oh11S011 agreed and stated the Council could still seek input even though it isn't utilizing
the public hearing process.
i\lr. Ivfaurer stated the Council ll1ay put then1selves in a box if they continue to allo\v the use
as conditional because the l'vfPCi\ requires cOlnpliance but there Inay be conflict fr0111 the
public agains tit.
fvIOVED BY COUNCILrvIEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 08-03
AlvIENDING SECTION 30...1292 OF THE ELK RIVER CITY CODE RELATING
TO THE LIGHT INDUSTRIAL ZONING DISTRICT \VITI-I ADDITIONAL
LANGAUGE REQUIRING \VRITTEN NOTICE TO PROPERTY O\VNERS
\VITHIN 350 FEET.lVIOTION CARRIED 4-0~
5.7. 2007 NPDI::S l)ernlit Update! Annual I"vleeting
l\.-fs. I-Iaug presented the staff report.
Ivlayor I(linzing opened the public hearing. '"rhere being no one to speak to this issue, 1\ilayor
I(linzing closed the public hearing.
City Council [",linures
February 19t 2008
Page G
5.8. H..equest by Great River Energy to An1cnd Conditional Use Pernlit and Ijcense~ Case No~
CD 08-04-Public Hearing
l'vIs. I~laug presented the staff report. She noted that these iten1S are separate frolu the
peaking plant and building addition that Great River Energy is currently \vorking to\vards
c0111pleting.
tvlayor l<linzing opened the public hearing. '"[here being no one to speak to this issue, 'tvIayor
I<linzing closed the public hearing.
:lvl0VED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT,
CASE NO.. CD 08~04, \VITH THE MODIFICATIONS NOTED IN THE STAFF
REPORT.. MOTION CARRIED 4~O.
rvIOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE RENE\VAL OF A
SOLID \VASTE FACILITY LICENSE TO GREAT RIVER ENERGY \VITH THE
MODIFICATIONS NOTED IN THE STAFF REPORT.. MOTION CARRIED 4-0..
6.1. Do\vnto\vn Overlay and Intersection Geon1etric Ituprovelnent j\long \vith TI-I 10 Parking-
j\rea In1provelnent
lVIr. ~vIaurcr presented the staff report.
COlll1ciln1en1ber 1.Jotin questioned if staff \vould be considering bid alternates for the
concrete in the center of the intersection.
Ivir. tvIaurer stated he \vould bid the center concrete panel as an alternate \virh biulminous in
the center as the base bid.
rvIOVED BY COUNCILMEMBER ZER\'X'AS AND SECONDED BY
COUNCILrvIE~lBER GUMPHREY TO ADOPT RESOLUTION 08-16
APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE
ADVERTISEMENT FOR BIDS IN THE MATTER OF THE DO\VNTO\VN
OVERLAY AND INTERSECTION GEOMETRIC AND TH 10 PARKING LOT
I~IPROVEIvIENT OF 2008. rvl0TION CARRIED 4w.O.
6.2. Jackson .t\ venue/School Street In rersection l\Todificanons
I\Ir. I\{aurer presented the staff report.
COlll1CilnlCl11ber GUlnphrey stated he felt the iluproven1cnts \vere needed and further noted
(hat C0l1t1Ciln1Cnlber Farber \vould be in favor of this project.
Counciln1cn1ber Zer\vas concurred and stated this is a safety issue that should be addressed.
i\lr. IvIaurcr stated he \vould move for\vard \vith the project.
City Council ~1inutcs
February 19, 2008
Page 7
7.1. Selection of j\ctuarial PitH) for Gi\SB Staten1ent No~ 45 Calculation-Other Post
Enlployn1cnt Benefits (OPI3:D)
1\'&. Sin10n presented the staff report. I-Ie noted that the city has done an excellent job \vith
cur bin g 01) ED lia bili ty.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUrvIPHREY TO SELECT VAN I\V AARDEN FOR
ACTUARIAL SERVICES FOR OTHER POST EMPLOYM:ENT BENEFITS
CALCUALTIONS~ MOTION CARRIED 4-0.
7 ~2. Consider Date for Board 0 f .,A. ppcal & Equ:lliza tion l'vIeeting
:r\'rs~ .:\llard prcsen red the s tafE report.
ivIOVED BY COUNCILMElVIBER 1VIOTIN AND SECONDED BY
COUNCILMEMBER GUrvIPHREY TO CALL A SPECIAL BOARD OF APPEAL
AND EQUALIZATION MEETING FOR \VEDNESDAY, APRIL 30, 2008, AT 6:30
PJ"f. AT THE SHERBURNE COUNTY GOVERNMENT CENTER~ MOTION
CARRIED 4-0..
7~3. Consider l..eague of i\1.innesota Cities R.esolution Requesting COlnprehcnsivc Road and
"-Transit Funding
l\-Is. Johnson presented the staff report.
I-he Council suggested changes to the resolution.
rvIOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILIvIEMBER GUMPHREY TO ADOPT RESOLUTION 08...17
REQUESTING COMPREHENSIVE ROAD AND TRANSIT FUNDING \VITH
CHANGES AS DISCUSSED, MOTION CARRIED 4-0.
s. 0 th er Business
I\.Js. J ohllson clucstioncd if .t\pril 7 \vould be okay for the i\nnual H..eport presentation if the
agenda is light.
-rhe Council \vas fine \vith this date and noted that if the agenda becanlc too full, a special
ineeting could be called for f\pril 28.
9. Council Updates
Coul1ciltl1cn1ber GUluphrey noted he \vould not be able to attend the \vorksession on j\pril
14.
10. Staff Updates
1\.'15. Johnson ren1inded the Council of the \' olunteer Recognition Dinner scheduled for
1~h ursday evening.
City Councill'vIinutcs
February 19, 2008
Page 8
11. f\cliournn1cn t to \\lorksessiol1
1"'herc being no further business, ~''1ayor I<linzing adjourned the n1ceting of the Elk Hiver
City Council at 7:35 p~ln. in order for the Council to 1110ve into Executive Session to discuss
labor negotiations, per I'vIN Statute 13D.03, subd. 1 (b).
"Tina .~\llard
City Clerk