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04-21-2008 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 21 t 2008 lYIembers Present IvIayor Klinzing, Councilmembers Zerwas, and Farber !vlembers Absent Councilmembers Morin & Gumphrey Staff Present City Administrator Lori J ohoson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Bec~ and Recording Secretary Jennifer Johnson Als 0 Pres en t: Planning Commissioner Matt Westgaard 1. Call1vlee ring 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 !vIayor Klinzing~ 2~ Consider 4/21/2008 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 3-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. APRIL 14, 2008 COUNCIL MINUTES 3.2.. CHECK REGISTER 3.3. PAY ESTIMATES 3..410 ADVISORY BOARD AND COrvr.M:ISSION POLICY CHANGES 3.5. TOBACCO LICENSE FOR AJAY UPPAL DBA ELK RIVER BP 3.6~ COMMERCIAL FERTILIZER APPLICATOR LICENSES 3.7.. SOUD WASTE HAULER LICENSES 3.8.. MASSAGE THERAPIST LICENSE - AMANDA SCHULTE, SALINA SALON 3..9. GENERAL PLANNING PERMIT FOR WAL-MART (TEMPORARY OUTDOOR DISPLAY), CASE NO. GP 08-04 WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE.. 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. City CouncillvIinutes April 21) 2008 Page 2 3. THE GREENHOUSE/GARDEN CENTER SHALL BE MAINTAINED FREE OF DEBRIS AND "KEPT 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 WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. 3.10. APPROVE TOWING AGREEMENTS 3.11. APPROVE SOLICITOR UCENSES FOR GMG DIRECT APPUCANTS MOTION CARRIED 3-0. 4~ Open 11ike Noone appeared for Open 11ike. 5~1. Resolution Approving Property Ta..~ Abatements and Authorizing Execution of a Tax Abatement Agreement in Connection with the Sportech~ Inc. Expansion Project !vIs. Johnson presented the staff report. She noted Chris Carlson, CEO of Sportech, Inc.) was present to answer any questions~ 1Yfayor I<linzing opened the public hearing. There being no one to speak to this issue} lvIayor K1inzing closed the public hearing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 08..025 APPROVING PROPERTY TAX ABATEMENTS AND AUTHORIZING EXECUTION OF A TAX ABATEMENT AGREEMENT IN CONNECTION WITH THE SPORTECH, INC. EXPANSION PROJECT. MOTION CARRIED 3- o. 5.2. Resolutions in Connection "With iv1N Investment Fund Grant Application for Sportech~ Inc~ Expansion II Project lYIs. J oOOsan presented the staff rep ort. Mayor I<linzing opened the public hearing. There being no one to speak to this issue, !vIayor I<linzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 08-026 ADOPTING A RESIDENTIAL ANTI-DISPLACEMENT, RELOCATION ASSISTANCE AND DISPLACEMENT MINIMIZATION PLAN. MOTION CARRIED 3-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 08-027 ADOPTING ECONOMIC DEVELOPMENT PLAN IN CONNECTION WITH City Council !vfinutes April 21, 2008 Page 3 MN INVESTMENT FUND GRANT APPUCATION FOR SPORTECH, INC. EXPANSION II PROJECT~ MOTION CARRIED 3-0. 5.3. Request by E&O Tool & Plastics for Conditional Use Permit to Allow Outdoor Storage (tanks)_ Public Hearing ~ Case No. CU 08..07 1v!r. Leeseberg presented the staff report Mayor Klinzing opened the public hearing. Brian ErteL Premier Commercial Properties and representing E&O Tool & Plastics, stated he appreciated the councir~s consideration for this CUP but would also like to receive acceptance of the building design tonight., if possible~ He stated the proposed building design does no t comply with City ordinance 30: 141 verba tim, but there is a provision within the ordinance that allows for changes. However, if council didn't approve this design tonight, this would require them returning to the planning commission, which could set them back more than 45 days. ivIayor I<linzing closed the public hearing. l'vIayor Klinzing clarified with !vfr. Leeseberg the issue at hand is both the north and south elevation as seen by Highway 10 as well as the Sandpiper Estates residents. The ordinance states there are requirements for the building design if it is located adjacent to any public street or residentially owned property. l'vIr~ Leeseberg stated the current design does not meet the ordinance verbatim, but if the council approves waiving the 4' bump-out, staff would also approve it Councilmember Farber stated he has no problem with the building design~ Councilmember Zerwas stated he has no problem with the south fa~ade of the building. He "stated he is a resident of Sandpiper Estates, living south of the building location. He, as well as the other residents of the neighborhood, would appreciate any landscaping along the southern edge to soften the border between a residential development and an industrial park. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE REQUEST BY E&O TOOL & PLASTICS FOR CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE (TANKS), CASE NO.. CU 08-07, ALONG WITH THE DESIGN AS PRESENTED, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED APRIL 3, 2008 SHALL BE ADDRESSED.. 2. A 0'..4' UNDULATING BERM ALONG THE SOUTHERN PROPERTY LINE SHALL BE CREATED WITH A MAXIMUM 3:1 SLOPE. 3. THERE SHALL BE NO ACCESS TO THE PORTSIDE SUBDIVISION VIA NAPLES STREET. 4. STAFF SHALL APPROVE THE LANDSCAPING PLAN 5. THE BUILDING DESIGN WAS APPROVED AS PRESENTED TO THE CITY COUNCIL ON APRIL 21, 2008. City Conncil j\1!inutes Apri121) 2008 Page 4 6. OUTDOOR STORAGE TANKS SHALL MATCH THE BillLDING COLOR. 7. .AN\' ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS UKEL Y TO YIELD INFORMATION IMPORTANT TO PRE- HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. MOTION CARRlED 3-0. 5~4. Request by Elk River Landfill to Extend Conditional Use Permit for One (1) Year - Case No_ CU 08-06 1vIr~ Barnhart presented the staff report. Ivlayor Klinzing opened the public hearing. There being no one to speak to this issue, !vIayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO EXTEND THE CONDITIONAL USE PERMIT WITH NO MODIFICATIONS FOR ONE YEAR CASE NO. CD 08-06. MOTION CARRIED 3-0. 5~5. Request by City of Elk River for Preliminary and Final Plat Approval (Gateway)~ Public Hearing - Case No. P 08-04 IvIr. Barnhart presented the staff report lvIayor Klinzing opened the public hearing. There being no one to speak to this issue, !vIayor 'I<linzing closed the pu hUe hearing~ !vIr. Beck advised the council that through the settlement agreement from 7-8 years ago, Cargill does have the right to request the City locate the road to the south in a different location, other than what is cutrendy proposed~ The City sent a letter as such approximately 30 days ago detailing the proposed road location, and Cargill has 60 days to respond. He spoke with them today, and they stated they did receive the letter~ !vIr. Beck doesn't expect Cargill to ask for a different location, and if council approves the plat this evening, they'll hold the plat until they receive approval from Cargill, or if the 60 days for Cargill to respond has expired~ Councilmember Farber stated there is a business interested in building on this site, and asked when utilities would be available~ !vIs. Johnson stated staff is working with the developer on providing utility improvements in the area, including identifying funding sources. She stated staff has been working with the developer and the developer is aware of the proposed timing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERW AS TO ADOPT RESOLUTION 08-028 APPROVING City Council ?vfinutes April 21, 2008 Page 5 THE REQUEST BY CITY OF ELK RIVER FOR PREUMINARY AND FINAL PLAT APPROVAL (GATEWAY), CASE NO. P 08-04. MOTION CARRIED 3-0. 5.6. Accept Proposals For Code Enforcement Abatement Services 11r. Barnhart presented the staff report, which recommended accepting the proposals from Complete Grounds Maintenance (Ron Y oungdale) for Junk Abatement services, and Suburban Law Service (Diane Heaney) for lawn abatement services. MOVED BY COUNCILMEMBER FARBER.AND SECONDED BY COUNCILMEMBER ZERWAS TO ACCEPT PROPOSALS FOR CODE ENFORCEMENT ABATEMENT SERVICES AS USTED ABOVE. MOTION CARRIED 3-0~ 6. Other Business There was no Other Business~ 7. Council Updates There were no Council Updates. 8. Staff Updates lvIs. Johnson reminded the council that second interviews for the community development dixector position ",-ill be held on Friday, 1vlay 2,2008 with the fust interview to begin at 2 p.m~ and the second interview to begin at 3:00 p.m. A special meeting notice will be posted. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO SET A SPECIAL CITY COUNCIL MEETING FOR :MAY 2, 2008, AT 1:30 P.M. FOR THE PURPOSE OF COMMUNITY :DEVELOPMENT SECOND INTERVIEWS. MOTION CARRIED 3-0. !vIs. Johnson informed the council that Love Elk River will be vacating the Woodland Trails house effective :tvIay 31. Staffwill be working with the property owner) who would like to extend the lease for a few months, and inspectors will be looking at the building. She will update council as soon as something is worked out 9~ Adjournment There being no further business, Mayor I<Iinzing adjourned the meeting of the Elk River City Council at 6:56 p.m~ n. ~