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12-17-2007 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 17, 2007 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Park Planner Chris Leeseberg, Public Works Director Terry Maurer, Parks and Recreation Director Bill Maertz, City Attorney Peter Beck, Finance Director Tim Simon, Fire Chief Bruce West, Police Chief Jeff Beahen, and City Clerk Tina Allard Also Present: Planning Commissioner Kevin Scott Parks and Recreation Commissioner Amanda Larson 1. 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 12/17/2007 Agenda Ms. Johnson added “Discussion on Micro Loan Policy” to Other Business. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. 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 12/10/2007 MINUTES 3.2. CHECK REGISTER 3.3. RENEWAL OF MASSAGE ESTABLISHMENT LICENSE TO DECEMBER 31, 2008 TO JOHN JOSEPH SALON AND A MASSAGE THERAPIST LICENSE TO KRISTINA NADIRA MCWILLIAMS AT SIMONSON’S SALON AND DAY SPA 3.4. INITIATE REZONING CERTAIN AREAS FROM A1 TO R1A AS IDENTIFIED IN THE STAFF REPORT 3.5. EXTENSION OF PRELIMINARY PLAT FOR PRESERVE PONDS TO NOVEMBER 20, 2008 3.7. ENTER INTO SERVICE AGREEMENT WITH WEBQA 3.8. MASSAGE ESTABLISHMENT AND MASSGE THERAPIST LICENSE TO ROANNE EUERLE, A TOUCH OF HEALTH MASSAGE THERAPY VALID TO DECEMBER 31, 2008 City Council Minutes Page 2 December 17, 2007 ----------------------------- 3.9. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT MOTION CARRIED 5-0. 4. Open Mike Chief West stated the Fire Department in Gary, Minnesota, had a heating malfunction at their station and ended up losing all their fire protection equipment. He stated the town is looking for assistance from other communities. Chief West stated Elk River received its new tanker and the Public Works Department won’t need the old one until Spring/Summer. He requested the Council to loan the old tanker to Gary, Minnesota, for approximately 3-6 months. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO LOAN TANKER ONE TO THE TOWN OF GARY, MINNESOTA. MOTION CARRIED 5-0. 3.6. Resolution Approving Final Plat-River Park 2 Addition nd Mr. Maurer requested to change the condition in Exhibit B of the final plat resolution. He stated the applicant would like to get the final plat recorded so they can take care of some land transactions with property owners. He stated staff was okay with getting an escrow from Lennar or payment in lieu of Lennar paving the road and the city could include it in 2008 with an overlay project. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-105 GRANTING FINAL PLAT APPROVAL FOR RIVER PARK 2 ADDITION, CASE NO. P 07- ND 13 WITH THE CONDITION THAT A 20 FOOT WIDE ROAD SHALL BE PAVED TO THE LIFT STATION LOCATED ON THE FOSTER PROPERTY THAT WAS CONSTRUCTED AS PART OF RIVER PARK 1 ADDITION AND ST PRIOR TO RECORDING THE FINAL PLAT THE DEVELOPER SHALL ESCROW OR OTHERWISE PROVIDE FOR PAYMENT TO THE SATISFACTION OF STAFF. MOTION CARRIED 5-0. 5.1. Resolution Accepting Bid and Authorizing Execution of Contract in the Matter of the Wastewater Treatment Plant Phase II Expansion Mr. Maurer presented the staff report. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-106 ACCEPTING BID AND AUTHORZING EXECUTION OF CONTRACT IN THE MATTER OF THE WASTEWATER TREATMENT PLANT PHASE II IMPROVEMENT OF 2007. MOTION CARRIED 5-0. 5.2. Discuss Right-of-Way Acquisition along TH 169 Ms. Johnson presented the staff report. City Council Minutes Page 3 December 17, 2007 ----------------------------- Mr. Maurer stated he brought this issue up in order to make the Council aware there is a property on the market in the proposed future TH 169 right-of-way and Council should discuss how or if they want to proceed with land acquisitions for this project. Councilmember Gumphrey suggested discussing this item at a future worksession. Mayor Klinzing suggested considering an overall policy for the city on land acquisition. Ms. Johnson noted this was on the agenda now because there was a property owner in the proposed future right-of-way who is putting the property up for sale and wanted the Council to consider this item. She stated she would inform the owner of the Council’s decision. 6.1. Request by 7040 Lakeland Partners for Conditional Use Permit to Amend Approved Building Materials (Aldi’s) Case No. CU 07-32-Public Hearing Mr. Leeseberg presented the staff report. Mr. Leeseberg noted that Condition Number 3 regarding the awnings on the north façade has been met and could be removed from the conditions of the conditional use permit. Councilmember Gumphrey stated he doesn’t like it when contractors make changes to the bid specifications prior to Council approval and requested the city be more proactive in handling these issues. Councilmember Farber stated he is surprised that Aldi’s wants to change the awnings when they have already been installed. He stated it would be more appropriate that Aldi’s asks for Council approval prior to actually making the change. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-32 AS ILLUSTRATED ON DRAWINGS DATED 11/05/07 WITH THE FOLLOWING CONDITIONS: 1.AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2.ALL WINDOW AWNINGS SHALL BE OF A METAL STANDING SEAM MATERIAL, AS SHOWN ON REVISION SHEETS “ASI 6 A1” – “ASI 6 A6”. 3.ALL CONDITIONS, AS APPROVED ON FEBRUARY 20, 2007, SHALL ALSO BE MAINTAINED. MOTION CARRIED 5-0. 6.2. Request by Loucks and Associates for Sonic Restaurant Ms. Cartney presented the staff report. She noted that the wall signage exceeds city code requirements and the applicant needs to request a variance. City Council Minutes Page 4 December 17, 2007 ----------------------------- Mayor Klinzing opened the public hearing for both the preliminary plat and the conditional use permit. There being no one to speak to these issue, Mayor Klinzing closed the public hearing. Councilmember Motin questioned if a stop sign would be installed at the southern entrance near Carson Street. Ms. Cartney was unsure but noted the access would only allow right out traffic. A. Preliminary Plat and Resolution Approving Final Plat, Case No. P 07-12-Public Hearing MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT AND ADOPT RESOLUTION 07-107 GRANTING FINAL PLAT FOR SONIC RESTAURANT ELK RIVER, CASE NO. P 07-12 WITH THE FOLLOWING CONDTIONS: 1.ALL COMMENTS OF THE CITY ENGINEER’S MEMO DATED DECEMBER 4, 2007 SHALL BE ADDRESSED. 2.A LIMITED ACCESS SYMBOL SHALL BE PROVIDED ALONG MAIN STREET WITH THE EXCEPTION OF THE EXISTING DRIVEWAY AND CARSON STREET. 3.A 12 FOOT EASEMENT FOR SIDEWALK/TRAIL PURPOSES SHALL BE DEDICATED ALONG MAIN STREET. 4.A LETTER OF CREDIT IN THE AMOUNT OF 100%, OF THE COST OF THE SITE IMPROVEMENTS, NOT TO EXCEED $50,000 SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE FINAL PLAT FOR . RECORDING MOTION CARRIED 5-0. B. Conditional Use Permit, Case No. CU 07-31-Public Hearing MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-31 TO SONIC RESTAURANT AS ILLUSTRATED IN DRAWINGS RECEIVED DECEMBER 3, 2007 AND WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER’S MEMO DATED DECEMBER 4, 2007 SHALL BE ADDRESSED. 2.AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 3.THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE AND BUILDING CODES. 4.HOURS OF OPERATION ARE 24 HOURS A DAY, 7 DAYS A WEEK. MOTION CARRIED 5-0. Mayor Klinzing welcomed Sonic to Elk River and questioned if this was the first one in the state. City Council Minutes Page 5 December 17, 2007 ----------------------------- A representative from Sonic stated they received approvals from the cities of Savage and St. Paul. 6.3. Request by Better Yards & Gardens for Conditional Use Permit for Trailer Display and Sales, Case No. CU 07-30-Public Hearing Mr. Leeseberg 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. Councilmember Motin questioned what determines if a use is an extension of a principle use or a new use altogether. Mr. Leeseberg stated staff struggled with this issue also. He stated staff looked at both uses as having retail sales and therefore would be compatible uses to each other. He stated they had difficulty considering park models as RV’s or vehicles because they couldn’t be driven. Councilmember Motin further questioned how the city might treat this request differently if the use was of a different type and not an extension of the use. He questioned if there can be different uses on the same parcel of property. Mr. Barnhart stated there is a limit to the number of principal uses on a parcel of property. Mr. Barnhart stated it has been a challenge to staff on where to draw the line on these types of requests and made a comparison to Wal-Mart and their different uses. Mr. Beck stated both uses are allowed as conditional uses but the question is whether you can do both uses as separate principal uses. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-30 TO BETTER YARDS AND GARDENS WITH THE FOLLOWING CONDTIONS: 1.AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2.FRONT YARD SETBACK SHALL BE 25-FEET. 3.SIDE YARD SETBACK SHALL BE 10-FEET. 4.THE PARK MODEL TRAILER UNITS SHALL NOT BE USED AS OFFICE SPACE. 5.ALL ELECTRICAL SERVICES TO THE UNITS SHALL MEET STATE ELECTRICAL CODES. 6.ONLY FIVE (5) PARK MODEL TRAILER UNITS SHALL BE ON THE PROPERTY AT ONE TIME. 7.ONLY TWO (2) OF THE ALLOWED PARK MODEL TRAILER UNITS SHALL BE VISIBLE FROM HIGHWAY 10. 8.IF MORE THAN FIVE (5) PARK MODEL TRAILER UNITS ARE TO BE ON SITE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. City Council Minutes Page 6 December 17, 2007 ----------------------------- 9.PARK MODEL TRAILER UNITS SHALL NOT BE GREATER THAN 400 SQUARE FEET. 10.NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS, BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS, PAINTED WINDOWS, AND BALLOONS SHALL BE ALLOWED ON THE PARK MODEL TRAILER UNITS. 11.ALL PARK MODEL TRAILER UNITS SHALL BE PARKED ON AN APPROVED SURFACE (NOT LANDSCAPED AREAS). MOTION CARRIED 5-0. 6.4. Request by City of Elk River for an Ordinance Amendment Relating to Section 30-866, Signs on Public Property, Case No. OA 07-09-Public Hearing Ms. Cartney 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. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 07-20 AMENDING SECTION 30-866 “DISTRICT REGULATIONS” OF THE CITY CODE OF ORDINANCES, CASE NO. OA 07-09. MOTION CARRIED 5-0. Councilmember Motin requested to review the policy regarding the events that would be acceptable for signage on city property. He had concerns with the YMCA, Chamber, CAER, and Independence Day events due to the nature of the variety of signs that could fall under these categories and that some of these weren’t events but rather organizations. 6.5. Request by City of Elk River for Ordinance Amendment to Section 30-1583 Relating to Commercial Reserve Transitional Zoning, Case No. OA 07-13, Public Hearing 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. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 07-21 AMENDING SECTIONS 30-1583 OF THE ELK RIVER CITY CODE RELATING TO THE INTERIM USES, MINIMUM LOT REQUIREMENTS, AND ACCESSORY STRUCTURE SETBACKS IN THE CRT-COMMERCIAL RESERVE TRANSITIONAL ZONING DISTRICT. MOTION CARRIED 5-0. 7.1. Consider Tobacco License Renewal for Steve’s Smoke Shop, Inc.-Sabry Wazwaz Mr. Beck stated that staff has concerns whether the owner of Steve’s Smoke Shop, Inc. qualifies for a tobacco license in the City of Elk River, as outlined in the staff report. He stated staff sent a letter to Mr. Wazwaz advising that the city is going to revoke his license He further noted that Mr. Wazwaz and his attorney requested a hearing stating that the owner still meets the qualifications to hold a license in Elk River. Mr. Beck recommended City Council Minutes Page 7 December 17, 2007 ----------------------------- having the revocation hearing held before an independent hearing examiner, who could make a recommendation to the City Council. He stated the Council could make a decision at that point on whether to revoke the license. Mr. Beck stated that Mr. Wazwaz pled guilty to a felony charge but has yet to be sentenced and the issue before the city is whether the revocation would be valid because Mr. Wazwaz hasn’t been sentenced yet. He noted there would be costs involved with the revocation of this license. Councilmember Farber stated he would like to proceed with the revocation process as quick as possible. Councilmember Gumphrey concurred. Councilmember Motin concurred but questioned if the hearing examiner could make a determination based on whether there is a sentence or not. Mr. Beck stated the city could make the request. Councilmember Farber questioned why there is an issue with having a revocation hearing when someone pled guilty to a crime. Mr. Beck stated the law is unclear as to whether you are a felon once you have pled guilty to the crime or whether you are a felon at the time of sentencing. He stated there is some argument that can be made to support the city’s case. Mayor Klinzing stated it is Council consensus to proceed to a revocation hearing. Mr. Beck stated the Council needs to act on the renewal and staff recommends approving the renewal until the revocation hearing can take place. Greg Herrick, Attorney for Mr. Wazwaz, 6401 University Avenue, Fridley, Suite 301- Stated Mr. Wazwaz is selling his business and the new owner was not allowed to apply for a tobacco license due to the city’s moratorium on tobacco licenses; therefore Mr. Wazwaz had to reapply for the license renewal. He asked the Council to waive the moratorium in order to allow the new owner a license. He stated Mr. Wazwaz would then have no interest in the business. He stated the moratorium extension did not follow the public hearing and written finding requirements per MN Statute 462.355, sub. 4. Robert M. Pearson, Attorney for Mr. Sadeq-Stated Mr. Sadeq has no connection, either socially or professionally, with the current owner, Mr. Wazwaz. He stated Mr. Sadeq tried to rush the application process in order to meet his contractual obligations under the purchase agreement. He suggested allowing Mr. Sadeq to apply for a tobacco license and to process a background check on him. He stated the purchase agreement was entered into prior to the moratorium. Councilmember Farber questioned the city attorney regarding Mr. Herrick’s comments about the city not following proper procedure for the moratorium process. Mr. Beck stated the statute Mr. Herrick referred to is for zoning ordinance moratoriums and the tobacco moratorium is a licensing ordinance moratorium and therefore does not require a public hearing. He stated the tobacco moratorium is valid. He further stated the Council could grant a waiver from the moratorium to a specific individual. City Council Minutes Page 8 December 17, 2007 ----------------------------- Chief Beahen questioned if he could confer briefly with the city attorney about whether information in the federal indictment could be disclosed as it relates to the purchase agreement transaction and the transfer of this business. Councilmember Motin stated he didn’t feel the intent of the moratorium is to close down any existing locations. He stated he would be interested in hearing more if a transfer to another person with a good background will resolve this issue. He had concerns with whether the partnership/purchase agreement was actually signed back in July. He stated he would like to hear Chief Beahen’s comments. Mr. Beck stated if the Council wants to go that direction, then they should grant a waiver to the moratorium to allow this specific application and Chief Beahen’s information could be acted on then. Chief Beahen stated his information is pertinent and should be discussed at this time. Council took a 5-minute break at 7:45 p.m. 7.3. Pre-Sale Report for $3,045,000 G.O. Water Revenue Refunding Bonds, Series 2008A Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE 2008 PRE-SALE REPORT FOR $3,045,000 G.O. WATER REVENUE REFUNDING BONDS, SERIES 2008A. MOTION CARRIED 5-0. 7.4. Pre-Sale Report for $2,000,000 G.O. Bonds, Series 2008 (YMCA Bonds) Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE PRE-SALE REPORT FOR THE SALE OF $2,000,000 G.O. BONDS, SERIES 2008. MOTION CARRIED 5-0. 7.1. Consider Tobacco License Renewal for Steve’s Smoke Shop, Inc.-Sabry Wazwaz-Continued Chief Beahen stated that staff would request that the new applicant be allowed to proceed and he would contact the US Attorney’s office regarding his concerns in the indictment and to see if they have a concern about the license transfer. He stated if they are willing to sign off on this and pending the outcome of the background check, the application could come back to Council. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO: 1.WAIVE THE TOBACCO MORATORIUM FOR ALI SADEQ SO HE CAN APPLY FOR A TOBACCO LICENSE AT 19112 FREEPORT STREET. City Council Minutes Page 9 December 17, 2007 ----------------------------- 2.DIRECT STAFF TO CONDUCT THE BACKGROUND CHECK AND TO REVIEW THIS MATTER WITH THE US ATTORNEY’S OFFICE FOR THEIR OPINION. 3.COME BACK TO COUNCIL FOR CONSIDERATION OF THE TOBACCO LICENSE TRANSFER. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO DIRECT STAFF TO PROCEED WITH THE REVOCATION HEARING OF THE TOBACCO LICENSE FOR SABRY WAZWAZ (STEVE’S SMOKE SHOP, INC.-19112 FREEPORT STREET). MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO RENEW THE TOBACCO LICENSE TO SABRY WAZWAZ FOR STEVE’S SMOKE SHOP, INC., 19112 FREEPORT STREET TO DECEMBER 31, 2008. MOTION CARRIED 5-0. Councilmember Motin stated he would like a letter in writing from the US Attorney’s office regarding any concerns with allowing this license transfer. Chief Beahen stated he would request a letter that would specify an objection or a clearance for this applicant. 7.2. 2008 Fee Schedule, Public Hearing Ms. Allard 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. A. Ordinance Adopting the 2008 Fee Schedule MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 07-22 ADOPTING THE 2008 FEE SCHEDULE. MOTION CARRIED 5-0. B. Resolution Approving Notice of Summary Publication of the Ordinance MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-108 APPROVING NOTICE FOR SUMMARY PUBLICATION OF ORDINANCE 07-22 AN ORDINANCE ADOPTING THE 2008 MASTER FEE SCHEDULE. MOTION CARRIED 5-0. 7.5. Resolution Adopting Final Tax Levy for Taxes Payable in 2008 and Consider Adoption of 2008 Budgets Ms. Johnson presented the staff report. City Council Minutes Page 10 December 17, 2007 ----------------------------- MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-109 AUTHORIZING THE PROPERTY TAX LEVY FOR COLLECTION IN 2008. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE 2008 GENERAL FUND, SPECIAL REVENUE FUND, AND ENTERPRISE FUND BUDGETS. MOTION CARRIED 5-0. 7.6. Adopt 2008-20012 Capital Improvement Plan Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE 2008-2012 CAPITAL IMPROVEMENT PLAN. MOTION CARRIED 5-0. 7.7. Consider 2008 Park Dedication Budget Mr. Maertz presented the staff report. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE 2008 PARK DEDICATION BUDGET OF $50,000 FOR PLAYGROUND EQUIPMENT IN MEADOWVALE HEIGHTS PARK. MOTION CARIED 5-0. 7.8. Award of Two Final Bid Packages for YMCA Mr. Maertz presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO AWARD BID CATEGORY 7A, METAL WALL PANELS, TO ARCHITECTURAL IMAGES, INC., IN THE AMOUNT OF $289,089 AND BID CATEGORY 7B, BUILT UP ROOFING/SHEET METAL, TO BERWALDS ROOFING CO., INC. IN THE AMOUNT OF $290,630. MOTION CARRIED 5-0. 7.9. Consider 2007 Budget Amendments Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE BUDGET AMENDMENTS AS OUTLINED IN THE ATTACHMENT IN THE STAFF REPORT. MOTION CARRIED 5-0. 7.10. Update on Joint Planning Boards Ms. Johnson stated Big Lake Township (BLT) is interested in pursuing a joint planning board with Elk River. She stated Livonia Township and Elk River will work together at staff City Council Minutes Page 11 December 17, 2007 ----------------------------- level as agreed when Councilmember Motin attended the Livonia Township Board meeting. She asked for direction on whether the Council would like to proceed with with creating a joint planning board with BLT. Mayor Klinzing stated that due to the growth that may occur with the new commuter rail, it is important to have a joint planning board with BLT. She requested to be on the committee in creating this board. Councilmember Motin stated it makes sense to create the planning board with BLT. He noted that the statute is more cumbersome than he realized when he originally proposed this item to Council. He stated representatives from both cities and the county would be on the board and the cities would have to cover costs. Councilmember Motin stated Livonia Township preferred to have the staff provide information on changes that will happen within the two mile border of each city. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPOINT MAYOR KLINZING AND COUNCILMEMBER MOTIN TO A SUBCOMMITTEE AND TO WORK WITH BIG LAKE TOWNSHIP ON THE FORMATION OF A JOINT PLANNING BOARD. MOTION CARRIED 5-0. 8. Other Business Discussion on Micro Loan Policy Ms. Johnson questioned if the Council would be interested in amending the Micro Loan Policy to include new business in the downtown. She stated there has been a request from a business recently relocated to downtown to access the working capital provision of the Policy. She stated if the Council were interested in amending the Policy, the next step in the process would be to call a meeting of the EDA Finance Committee to review the Policy. Mayor Klinzing stated it is worth considering in order to assist the businesses. Councilmember Motin stated he was okay with reviewing the Policy but had concerns about providing seed capital because the Policy was originally created to assist existing business owners who had to operate during the construction periods with the Jackson and Bluff Blocks. Ms. Johnson clarified that this would be for current existing businesses. She stated a policy revision may not allow working capital for new businesses but the leasehold capital may be allowed for them. Councilmember Farber stated given the economy, he would like to review the Policy. This item was referred to the EDA Finance Committee. Ms. Johnson stated it would come back to Council for consideration after EDA review. 9. Council Updates There were no Council Updates. City Council Minutes Page 12 December 17, 2007 ----------------------------- 10. Staff Updates Ms. Johnson noted the Council received a handout regarding the Council/Planning Retreat scheduled in January. --------------------------- Ms. Johnson stated she sent the Council information regarding the three plans for the TH 10 Corridor Committee and noted that comments were needed by early January. ----------------------- Ms. Johnson provided an update to Councilmember Gumphrey’s question regarding whether the lights at Aldi’s were in compliance with city ordinance. She stated they were in compliance. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:30 p.m. _____________________ Tina Allard City Clerk