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03-17-2008 CC MIN• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 17, 2008 Members Present. Mayor Klinzimg, Councilmembers Zerwas, Morin, Farber, and Gumphrey Members Absent: None Staff Present: Finance Director Tim Simon, Public Works Director Terry Maurer, Parks and Recreation Director Bill Maem, City Clerk Tina Allazd, Planning Manager Jeremy Bamha+'rt Senior Planner Sheila Cartney, Planner Chris Leesebetg, Gty Attorney Peter Beck (6:55 p.m.), and Recording Secretary Jennifer Johnson Also Present: Planning Commissioner Pete Lemke 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 Klinzing. 2. Consider 3/17/2008 Agenda • Item 5.3. was removed from the agenda. Item 5.1. was moved to the ead of the agenda. Councilmember Gumphrey requested that item 3.9. be removed from the consent agenda fox discussion. Councilmembet Farber requested that part of item 3.1., the February 3, 2008 regular meeting minutes, be removed from the consent agenda for discussion. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA WITH THE ABOVE CHANGES. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 FEBRUARY 3, 2008 EXECUTIVE SESSION MINUTES 3.2. CHECg REGISTER 3.3. PAY ESTIMATES 3.4. GENERAL PLANNING PERMIT FOR TEMPORARY GREENHOUSE TN CUB FOODS PARffiNG LOT, CASE NO. CP 08-02 WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR • WALffiNG SURFACE City Council Minutes Match 17, 2008 3.9. Page 2 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY • SITE, THE SALE5 AREA SHALL BE DELINIATED WITH A BARRIER TO RESTRICT TRAFFIC 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND %EPT IN AN ORDERLY CONDITION. 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN 5. THE GREENHOUSE AND DISPLAY AREA BE REMOVED BY JULY 7, 2008, WITHIN ONE WEE% OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION 3.5. ONE YEAR EXTENSION OF RECORDING FINAL PLAT HERITAGE MAPLES TOWNHOME5 3.6. GENERAL PLANNING PERMIT TO CINDER'S GREENHOUSE, INC. FOR TEMPORARY GREENHOUSE IN ELK RIVER PLAZA PARKING LOT, CASE NO. GP OS-03 WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALffiNG SURFACE 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINIATED WITH A BARRIER TO RESTRICT TRAFFIC. 3. THE GREENHOUSE/GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND %EPT IN AN ORDERLY CONDITION 4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN 5. THE GREENHOUSE AND DISPLAY AREA BE REMOVED BY JULY 22, 2008 (WITHIN ONE WEE% OF THE END OF THE SALES PERIOD) AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION 3.7. RESOLUTION #OS-18 GIVING MUNICIPAL CONSENT TO SHERBURNE COUNTY HIGHWAY PROJECT WITHIN THE CORPORATE LIMITS 3.8. RESOLUTION #OS-19 FOR FLAG LOT MORATORIUM 3.10. MASTER LABOR AGREEMENT BETWEEN LELS LOCAL 271 AND CITY OF EL% RIVER FOR THE PERIOD JANUARY ], 2008 TO DECEMBER 31, 2009 3.11. CONCUR AND APPROVE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT N0.6 (MOR% CLINIC), DISTRICT N0.7 (AMERICINN), AND DISTRICT NO.10 (ELK TERRACE) MOTION CARRIED 5-0. Road Use and Mauitenance Agreement For Aggrga to Industries And Gemstone Companies Councilmember Gumphrep asked who determines if the roads were damaged as a result of driving on them during the road restriction season. Mr. Maurer stated the agreement, which was drawn up by the dty attorney, indicated the City would make the inspection with Aggregate Industries and Gemstone Companies afrer the spring road restrictions were lifted. He stated if he detemvaed there was damage, then • the businesses would be responsible for the repairs. He indicated that if the road was City Council Minutes Match 17, 2008 Page 3 • damaged, they would have to close it d"~ repairs, and Aggregate Industries and Gemstone would in rum have to shut down their businesses. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE ROAD USE AND MAINTENANCE AGREEMENT FOR AGGREGATE INDUSTRIES AND GEMSTONE COMPANIES. MOTION CARRIED 5-0. 3.1. February 3 2008 Regular Minutes Councilmember Farber offered the following change to the February 3, 2008 minutes: Item 10, page 5 -Utilities Commission -Motion Catered 3-2. Counta7members Gumphrey and Farber opposed MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE MARCH 3, 2008, CITY COUNCIL MINUTES AS AMENDED. MOTION CARRIED 5-0. 4. Open Mike 4.1. Activity Center Thank You Sue Kostanshek was present along with numerous senior dozens to show their apprecation to the mayor and council for their decision to convert the former library site into a senior • activity center. Ms. Kostanshek presented some statistics showing the rapidly increasing partidpation in the new activity center since its opening in December. She stated she has heard nothing but good things and wanted to pass along this appreciation. Frank Weckauff, 18216 Kent Street, presented the mayor and council with an enormous card signed by numerous seniors, thanking them for opening the new activity center. 5.1. presentation from Tinklenberg Group on TH 10/169 Corridor Coalition 2008 Activities No one was present. 5.2. Consider Liquor Licenses for Elk River Country Club Inc.. Public Heariae Ms: Allard presented the staff report Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing dosed the public hearing. Councilmember Morin commented he is a shareholder of the Elk Rivet Country Club. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE AN ON-SALE AND SUNDAY LIQUOR LICENSE TO ELg RIVER COUN`PRY CLUB INC. D/B/A/ ELg RIVER COUNTRY CLUB EFFECTIVE MARCH 18, 2008 TO JCTNE 30, 2008. MOTION CARRIED 5-0. Gty Coundl Minutes p~ q Mazch 17, 2008 5.3. Tgquesting Approval of Agreement for Joint Athletic Fa~lity Use with Spectrum f iLoh • drool Mr. Maertz requested this item be removed from the agenda 5.4. Consideration of Agreement with "Mochas to o" for Lea a of Sgace for a Coffee *+' the Elk River .+bra_ro Mr. Maertz presented the staff report. Janet McCarty, the owner of "Mochas to Go," was also present. He stated the owner has met with library staff and has agreed upon an area in which the cart can operate. Library staff felt it will be a very nice amenity to the budding. Councilmember Morin asked for clarification of the hours of operation. Mr. Maertz stated the coffee cart would be operating during normal library hours. He stated a separate memorandum of agreement could be made with Ms. McCarty if she wished to operate during hours the library was closed. He also stated he hoped this would be an incubator for the potential of a future permanent coffee shop within the libarary. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGREEMENT WITH "MOCHAS TO GO" FOR LEASE OF SPACE FOR A COFFEE CART IN THE ELg RIVER LIBRARY WITH THE AGREEMENT TO INCLUDE HOURS OF OPERATION TO BE THE SAME AS THE LIBRARY HOURS OF OPERATION. MOTION CARRIED 5-0. • 6.L Request by Thomas Bamford for Vari nce to th M_ im m 11owa61e A c ss~ re Standards in the Rla Zoning District Case No V OS-03 Public Hearing Mr. Leeseberg presented the staff report. The applicant was also present to answer questions. Mayor Kl+.,"~ opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Morin stated when the simple plat was split and approved in August of 2005, the County requited the owner to contribute 2.24 acres of land for the road. The three parcels of land are therefore 9.83 aces each. He requested in the future that staff treat the other two adjoining parcels of land as if they were 10 acres to be consistent with this request. MOPED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE VARIANCE TO ALLOW 6,100 TOTAL SQ. FT. OF ACCESSORY STRUCTURE, CASE NO. V OS-03. MOTION CARRIED 5-0. 6.2. Request by Kevin Anderson fora t Split Case No LS 08-01 Public Hea~+~n Ms. Carmey presented the staff report. The applicant was also present fox questions. Mayor Kli""a opened the public hearing. There being no one to speak to this issue, Mayor • Klinzing closed the public hearing. City Counal Minutes Page 5 March 17, 2008 • Mayor Klinzing asked Ms. Carmey how condition #5 be enforced. Ms. Cartney stated the language in condition#5 is standard in all plats and staff would remind the land owner when a building permit was issued to contact the City if any items of prehistoric nature are uncover-d doting excavation. Mx. Anderson commented he was unaware of the park dedication fee and asked staff in the future to notify landowners of this condition. MOVED BY COUNCILMEMBER GUMPHREYAND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE LOT SPLIT TO CREATE TWO LOTS AS ILLUSTRATED ON DRAWINGS DATED RECEIVED 1/27/09, CASE NO. LS 08-O1, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE ENVIRONMENTAL TECHNICIAN MEMO DATED MARCH 4, 2008 SHALL BE ADDRESSED. 2. DRAINAGE AND UTILITY EASEMENTS SHALL BE ADDED TO THE PLAT, 10 FEET WIDE ALONG EDISON STREET AND 154TH AVENUE AND 5 FEET ON THE INTERIOR PROPERTY LINE AND REAR PROPERTY LINES. 3. PARg DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: IN THE FORM OF CASH FOR ONE LOT AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL (2008 RATE $3,465.00). • 4. ALL REQUIRED SUBDIVISION/PARg 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. 5. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PREHISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORgAUTHORIZED INITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORE IS AUTHORIZED TO CONTINUE BY THE CITY. MOTION CARRIED 5-0. 6.3. Ms. Cartney presented the staff report. Mayor Klinzing opared the public hearing. There being no one to speak to this issue, Mayor Klin~i a closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE CONDITIONAL USE • PERMTT FOR GREAT RIVER ENERGY FOR STORAGE BUILDING ADDITION AS ILLUSTRATED ON DRAWINGS DATED RECEIVED 02/26/08, CASE NO. CU OS-OS WITH THE FOLLOWING CONDITIONS: City Council Miautes March 17, 2008 Page 6 L ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED • FEBRUARY 27, 2008 SHALL BE ADDRESSED. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 3. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 4. THE APPLICANT SHALL PROVIDE LANDSCAPE OPTIONS IN THE PAR%IIVG LOT TO STAFF. 5. ANY TREES REMOVED FOR THE FIRE LANE SHALL BE REPLACED ON SITE. MOTION CARRIED 5-0. 6.4. Request by Elk River Lan fil to Extend Solid Wast Facility License for One (1) Yeaz Case No. CU 08-06-Public Hearin Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Coundlmember Moon clarified this request was only to extend the landfill's license and not formally approve expansion of any part of the landfill. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY • COUNCILMEMBER ZERWAS TO APPROVE THE RENEWAL OF ELg RIVER LANDFILL'S SOLID WASTE FACILITY LICENSE WITH NO MODIFICATIONS FOR ONE YEAR. MOTION CARRIED 5-0. 7.1. Downtown Overlay and Intexsertion Geometric Improvemeats together with the TH 10 Pazking Lot Improvement Mr. Maurer presented the staff report Coundlmember Fazber commented the bids on this project came in quite a bit lower than expected, and hoped the public would see the additional money saved on this project would go back into reserves. Mr. Maurer indicated this bid includes not only the downtown intersection but also a parking lot project planned for parks and recreation. Coundlmember Moon was concerned with the cosmetic features of the project and whether they were necessary. Mr. Maurer indicated that while they weren't necessary, they were aesthetic in nature and had nothing to do with the function of the street The goal was to tie in the four comers of the intersection, two which lead to the park, and try to dress up the downtown area. He commented on other dries that used similaz designs and products but wasn't awaze of any functionality issues. • City Couaal Minutes March 17, 2008 Page 7 • Councilmember Gumphxey asked if the City had ever done any business with the apparent low bidder, Astech Asphalt Surface Technologies. Mr. Maurer stated they had done work for the City in the past and most recently in the Windsor Oaks addition. He stated he had no problem requesting the bid be awarded to Astech. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 08-20 ACCEPTING THE BID AND AUTHORIZING THE EXECUTION OF CONTRACT IN THE MATTER OF THE DOWNTOWN OVERLAY AND INTERSECTION GEOMETRIC IMPROVEMENT, COMBINED WITH THE TH 30 PARKING LOT IMPROVEMENT. MOTION CARRIED 5-0. 7.2. Authoriz~Bid for Tackson Avenue/School Street Intersection Improvements Mr. Maurer presented the staff report, which he indicated was included in the 2008 CIP. He stated during construction, the signal would be inoperable and a temporary four-way stop control will be utilized. He also indicated this project required pre-ordering the signal pole and arxtr, wMch can take up to twelve weeks to receive, and requested the council make a motion to approve pre-ordering this equipment to avoid a delay in construction and to ensure the project was completed before the start of the 2008/2009 school yeaz. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 08-021 APPROVING • PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE JACKSON AVENUE/SCHOOL STREET INTERSECTION IMPROVEMENTS. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE ORDERING THE SIGNAL POLE AND ARM FOR THE JACKSON AVENUE/SCHOOL STREET INTERSECTION IMPROVEMENT PROJECT. MOTION CARRIED 5-0. 8.1. Discuss Community DeveloFment Director Interviews Mayor Klinzing and the council discussed the interview process for the community development director applicants. She stated Lori Johnson, city administrator, suggested by memo that two councilmembets attend the initial interviews and suggested interviewing 45 applicants. Councilmember Morin preferred to narrow down the list of candidates and have two councilmembexs on the interview panel. Councilmember Zerwas concurred Coundlmembex Gumphrey preferred to narrow the list down to two candidates. Councilmembex Fazber asked when the interviews would take place. • Mayor Klinzing stated the initial interviews take place by the end of March. City Council Minutes March 17, 2008 Page 8 Counalmember Fazber requested the interviews be set up for nest week and oxdy offer one • day fox the interviews to take place. He also offered to be on the interview panel Councilmembex Morin stated he would prefer to do the interviews on one date, but if an applicant cannot make that date to offer another interview date. Mayor Klinzing requested one date be set and if someone wasn't able to attend, then an alternative date could be discussed at that time. Councilmember Farber stated he is available to attend the initial interviews. Councilmember Morin stated he is unavailable until after Apri115. Councilmembers Gumphrey and Zerwas offered to be the second member on the interview panel, depending on the date of the interviews. 8. Other Business There was no Other Business. 9. Council Updates There were no Council Updates. 10. Staff Updates • There were no Staff Updates. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:28 p.m. Minutes,$xepazed ennif Johnson. Tina Allard ` City Clerk ~~