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05-19-2008 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MON DAY# MAY 19, 2008 Members ers Present: Mayor r Kh ng, CoundImembers Zerwas, Motin, Farber, and Gum hre Members Absent; None Staff 'resent: City Adminis trator Lori Johnson, Planning Manager Jeremy Bam ar Senior Planner S .e a Cart ey, Public Works ector Ferry Maurer, Parks and Recreation Director BiU M ert , City Attorney Peter Beck and City Clerk 'Tina Aard Also Present: Planning Conunissioner Chad Stain Pars & Recreation, Comn-�ssio er Dave Anderson 1. CaU Meet To Order Pursuant to due cad an,d notice thereof, the meeting of the Elk River City Council was called to order at 6:55 p.m. by Mayor Klinzing. Consider 5119Z9008 Ajaenda Item . . vas roved after open, Mike due to the number of people in attendance to s ea . on this iter. MOVED BY COUNCILMEMBER FARBERAND SECONDED B COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA A. AS AMENDED. MOTION CARRIED 5-0. . :Consider Consent Agenda MOVED BY COUNCILMEMB R GUMPHREY AND SECONDED BY C UNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGEN-DA.- 3.1 COUNCIL MINUTES • MAY 512008 • MAY 12� 2008 3.2. CHECK REGISTER 3.3. PAY ES'TIMA'TES 3.4.A. GENERAL . Imo' RMI'T FOR TEMPORARY FIREWORKS SALES IN A, 30X50' 'TEN T TO CHRISTOPHER ULMER WITH TNT I " oRKS FOR PARKING LOT TENT SALES AT WA . MART WITH THE FOLLOWING CONDITIONS: 1. No ELECTRICAL SERVICES SHALL BE ACROSS ANY DRrVE OR WALKING SURFACE. 2. ALL APPLICABLE FIRE CODES SHALL BE MET, 3, IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE,, THE SALES AREA SHALL BE DELINEATED WITH ,A. BARRIER TO RES'TRIC'T TRAFFIC. City Council Nfinutes Nfay 19, 2008 Page 4, THE SALES TENT BE MAINTAINED FREE OF DEBRIS AND KEIT IN AN ORDERLY CONDITION. . THE LOCATION OF THE TENT IS CONSISTENT WITH THE SUBMITTED SITE PLAN. 6. THE TENT AREA BE REMOVED B`' 'JULY 11, 2008 AND THE SITE BE RETURNED TO ITS PREVIOUS C MITI N. A.B. TEMPORARY SALES AND STORAGE FIREWORKS LICENSE TO CHRISTOPHER OPHE TLM , TETT FIREWORKS TO SELL FIREWORKS FROM JUNE 22-JUL � 2008 IN A TENT AT AL -MART. 3.5A. GENERAL P INC PERMIT{ FOR TEMPORARY FIRERKS SALES IN A 11200 SQUARE FOOT TENT TO CHRISTOPHER ULMER WITH TNT FIRWORKS FOR PARKING LOT TENT SALES AT M NAIDS WITH THE FOLLOWING CONDITIONS, . NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SCJRFAC ■ . ALL APPLICABLE ICA.BLE i IRE CODES SHALL BE MET, . IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATEDWITH BARRIER TO RESTRICT ICT TRAFBI . 4. THE SALE'S TENT BE MAINTAINED FREE OF DEBRIS NTI; A KEIT IN AN ORDERLY CONDITION, . THE LOCATION OF THE TENT IS CONSISTENT WITH THE SUBMITT'E'D SITE PLAT. . THE TENT AREA BE REMOVED BY JULY12 2008 AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. ..B. TEMPORARY SALES AND STORAGE FIREWORKS LICENSE TO CHRISTOPHER ULMER, TNT FIREWORKS TO SELL FIREWORKS FROM JUNE 22 -JULY , 2008 IN A TEN'S' AT M NARDS. .. RESOLUTION 08-32 APPROVING PREMISES PERMIT RENEWAL R THE ELK SER LIONS CLUB. 3.7. SOLICITOR R LIC NS ` TO TRACY FISHER, CMC DIRECT CT" THRO GH DECEMBER 29, 2005 WITH THE FOLLOWING CONDITIONS. I. ONLY ONE I SOLICITOR SHALL APPROACH ONE RESIDENCE AND NO SOLICITOR FROM THE SAME COMPANY NY CAN APPROACH THE SAME DOOR AGAIN UNLESS INVITED BACK BY THE RESIDENT. . HOURS FOR UNSOLICITED CALLS ARE LIMITED TO MONDAY THROUGH SATURDAY, , N CS' TO 6:00 P.M. . APPLICANTS SHALL CARRY THE S LICITOWS LICENSE AND A. DRIVER'S LICENSE OR STATE ID WHILE SOLICITING. . .APPLICAI TTS SHALL NOT KNOCK ON ANY BOOP. WHERE THERE IS A SIGN PROHIBITING SOLICITORS. ,8. ESTABLISHMENT OF THE EQUIPMENT REPLACEMENT FUND ANIS RESOLUTION 08-33 AUTHORIZING A TRANSFER FROM THE CAP'IT'AL OUTLAY RESERVE FUND TO THE EQUIPMENT REPLACEMENT FUND. .. ACKNOWLEDGE ANIS ALLOW IMPACT TO FUTURE TRUN HIGHWAY 169 ON BA TS` PARK. 3.10. HEALTH REWARDS POLICY AS OUTLINED IN THE STAFF REPORT. 3,11. MASSAGE THERAPIST LICENSE TO KRYSTA.L KOMULA FOR SIMONS N'S SALON AND DAY SPA. City Council Minutes May 19, 2008 --------------------------- Page 3,12. AUTHORIZATION TO ADVERTISE FOR ENGINEERING TECHNICLkN POSITION, 3.13, RESOLUTION 08.34 AMENDING THE MEETING TIME FOR THE CI'T'Y COUNCIL WOR S S ION MEETINGS. MOTION CARRIED 5-0. . Open . -Mike Doug Beckers — Stated he volunteers hours to the Boys & Girls Club and it has been a benefit to hh as a single parent. He requested the city help to beep the Club open over the summer, He stated he would Eke to see some type of support to the Club. Mayor limning stated the city is i discussions with the Club but noted that per state lav the city can"t give money to them without services mi return. She encouraged the comr muruity to step up and provide support to the Club, .. Orono ParkwayMedians Mr. Maertz reviewed the staff report. Citizens in the audience were interested in spealdng on this item so Mayor m ing opened yap the meeting for public comment. Mary Ziner, 617 Gates Avenue — Requested the city keep the prairie plantings. John Lorh ,an, 9360 181st Avenue — Requested the city keep the prairi City Coundl Nfinutes'age May 19, 2008 --------------------------- Options to consider were to have plants that bloom vitt each season; install two median ends with formal tree plantings instead of four. The Council w ted to rake citizens aware of some horrible voice a s and ennails from some cl=ens that Nvere very inappropriate and were lna.dvertetly heard by some of their children. It was noted fiat people meed to be more respectful and work with the Council who are always willing to listen to all constituents. Coundlmember Farber thanked the citizens In the audience for participating and being respectful. .1. Request by Pamela Ror%vick for Conditional Use Permit to AUo�v Horses Public Heaxing-� Case N. CU 08-10 Ms. Cartey presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor closed the public hearing. MOVED BY COUNCILMEMBER MO IN AND SECONDED COUNCILMEMBER FARBER To APPROVE CONDITIONAL USE PERMIT CU 08-10 TO ALLOW UP TO THREE REHORSES ON LOT 2, BLOCK 1, ROCKY MANOR WITH THE FOLLOWING CONDITIONS: . THE PLAT MUST BE RECORDED BEFORE THE CUP IS ISSUED. . THREE ACRES of FENCED IN PASTURE IS REQUIRED IN ORDER TO HAVE UP TO THREE HORSES. . THE PASTURE FENCE SHALL BE SES` BACK 5 FEET FROM THE PROPERTY LINE. . THE PASTURE AREA CAN NOT INCLUDE THE SEPTIC DAN FIELD AREA. . RE AkNAGEMENT PLAN SHALL BE APPROVED Y THE CITY of ELK RIVER ENVIRONMENTAL N'T`A A .'TMEN T AND ANY OTHER REQUIRED REGULATORY AGENCIES. SHELTER WITH A ROOFMUST BE PROVIDED FOR THE HORSES AT ALL 'TIMES. 7. AN INCREASE IN HORSES ABOVE , AT ANY TIME, WILL REQUIRE A NEW CONDITIONAL USE PERMIT. MOTION CARRIED -0. ,e quest b Ttident for Site Plan Review forartm z t he Ike of at Uc River Station — Case No. SP s 06 - Ms. Carney presented the staff report. MOVED BY COUNCILMEMBER FARBER AND SECONDER BY COUNCILMEMBER MOTIN TO APPROVE SITE PLAN, SP 08-06 AS ILLUS'TRA'TED IN DRAWINGS DATED -20-08 WITH THE FOLLOWING CONDITIONS: City Councfl Minutes May 19; 2008 Page 1. ALL COMMENTS of THE CITY ENGINEER'S MEMOS DATED APRIL I, 2008 AND MARCH 10, 2008 SHALL E ADDRESSED. . ALL COMMENTS AND CONDITIONS OF THE ENVIRONMENTAL 11 ENTAL TE HNI LkN MEMO DATED BCH 4, 2008 SHALL BE ADDRESSED. . THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES, THE FIRE CHIEF SHALL VERIFY THE LOCATION of ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY of THE 4. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL of CONSTRUCTION DRAWINGS. . A. TREE PRESERVATION PLAN BE DEVELOPED AND REVIEWED BY STAFF IN ORDER TO DETERMINE IF SAVED TREES WILL BE CREDITED `o THE Ste' PLAN. 6. A LETTER of CREDIT IN THE AMOUNT of 100% OF THE COST of THE IMPROVEMENTS, LANDSCAPE, APE, AN TSL INSTALLATION SHALL BE SUBMITTED AT THE TIME of BUILDING PERMIT APPLICATION, PER SECTION 30-604(B). 7. THE PROPERTY IS REQUIRED TO BE PLATTED. MOTION CARRIED 5--0. 5-3. Request by it ... of l River for Ordinance Amendm x er t to Section 30-371 Rezarding ala - Sha e Lots public Hea Cas hLo. OA 08-04 NIS. Cartney presented the staff report. Mayor min g opened the public heating. Cheryl Froelich, 9797 rh .Avenue — Stated she is opposed to the ordinance change g because it affects the gay she can develop her property. Mayor Kiiazing closed the public hea-Hing. Nfx. Barnhart noted that the ordinance is not intended to stop development but is for ass sting with sub -regional planning by encouraging parcels to coordinate frontage access o public roads. The Council expressed the foHowmg concerns with the ordinance: Definition of access strip. Need for more information on how this ordinance would be applied. What does the city do with potential problems that may be created by this ordinance? MOVED BY COUNCILMEMI R. FARBER AND SECONDED BY COUNCILMEMBER GUMPHREYO CONTIN1JE THIS ITEM. MOTION CARRIED -0. Mr. Beck noted that this item would need to be re -noticed. City Council rtes May 1, 2008 ------------------------ 5.4. Request by anon Bebeau for a Condi6ona Use Pest or b/finexal Excavation, P b c Hearin ,.. Case moo. CU 08-08 Mr. Barnhart presented the staff report. Wage Mayor<Iinm' g opened the public hearing. There being no one to spear to this issue, Mayor m ing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREYAND SECONDED BY COUNCII-AlEMBER FARBER TO APPROVE ONDITIONAL USE PERMIT, CU 08.08 WITH THE FOLLOWING CONDITIONS; .. ALL CONDITIONS of THE 2004 CONDITIONAL USE PERMIT SHALL APPLY, EXCEPT LETTER of CREDIT AMOUNT AND HAUL OUT(10). 2. A WRITTEN AGREEMENT BETWEEN S HMI T AND THE APPLICANT SHALL BE I"R VIVERIFYING THE LAND BAS` PURCHASE AGREEMENT, PRIOR TO MINING N OPERATIONS. . A LETTER of CREDIT IN THE AMOUNT OF $97�101.40 SHALL B PROVIDED TO GUARANTEE THE COMPLETION OF THE RECLAMATION PLAN. Councilmember Zerwas questioned the ho xs of operation. Council noted they would like the hours to be consistent among the gravel nui=* g operations. Jason Bebeau, applicant — Stated the closest residenda.l neighbor is 1,300 feet away. He stated he was okay with changing the hours. The maker and seconder of the motion were agreeable to adding a condition changing the hours of operation to Monday through Saturday, 8:00 a.m. to 430 p.m. MOTION CARRIED 5-0. . .Rs=uest by Ki om.Construcdon. for Condi al ase Permit four All azhce Ch r lh Public Ream Case ! L . GLI .08-09 Mr. Barn hart presented the staff report. Mayor Naming opened the public hearing. Where being no one to speak to this issue, Mayor Klihing closed the public hearing. Councilmember G rnphrey expressed co Berns With the screening on the east fa de. Jim Strie ert, representing Kinghorn Construction — Stated many plantings are planned along the *ade and that there is a berm that would provide scree ng. He stated the area is long and narxo v and won't be seem by the residents. Hestated they have financial concerns and need to reduce casts where they can. Mr. Barnhart ffiustrated the landscaping. City Council Nests Page D&y 19, 2008 ----- — ------ MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED Y COUNCILM M ER FARBER TO APPROVE CONDITIONAL USE H'ERMI'T, CST 08-09 OUTLINED IN PLANS DATED MAY , 2008 WITH THE FOLLOWING COT I IONS. 1. A LETTER of CREDIT IN THE AMOUNT OF $50,000 SHALL I PROVIDED AS A GUARANTEE FOR THE COMPLETION OF THE SITE IMPROVEMENTS (LANDSCAPING, S GNAGE3 ETC). . FIRE DEPAR'TMEN'T COMMENTS DATED APRIL 912008 SHALL BE ADDRESSED. . THE APPLICANT SHALL COMPLETE SOIL CORRECTION A.S PER REBECCA HAUG, CIT' ENVIRONMENTAL A. MINIS'TR.A'TOR)S MEMO DATED. AUGUST 3,2006. ALL STAFF COMMENTS OUTLINED IN LETTER DATED APRIL 14, 2008 SHALL BE ADDRESSED. LIGHTING PLAN SHALL RE PROVIDED PRIOR 'TO INSTALLATION OF EXTERIOR LIGHTS , INCLUDING: A. PHOTOMETRIC PLAN BE PREPAREDTO VERIFY NO LIGHT SPILLING AT GROUND LEVEL ONTO ADJACENT ACENT R OPER'TIES B. LIGHT LEVEL BE No MORE THAN 1 Fool CANDLE. C. LIGHTS SHALL BE of A SHO I oX DESIGN AN NO MORE THAN 30 FEET A oVE GIBE. MOTION CARRIED 5-0. 5 .6. Discuss dministrati e Citation Ordinance Mr. Cartney presented the staff report giving an update on the ordinance. Mr. Beck stated he and staff are stU working on the ordinance. He questioned how much involvement and tme commitment the Council wouid like in hearing appeals. He noted the city would need to recover costs if hidng a paid examiner. Councilmembear Gumhrey stated he Nvould 1�,:e to see substantial fee amounts set. 6.1. 2008 Overlay Project 1\/Ir. Maurer presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED C UI CILMEM ER GUM HREY TO ADOPT RESOLUTION 08 - RECEIVING 'THE FEASIBILITY REPORT AND ORDERING A. PUBLIC HEARING N THE IMPROVEMENT IN THE MATTER of THE BITUMINOUS OVERLAY IMPROVEMENT of 2008. MOTION E 5-0. MOVED BY COUNCILMEMR. ZERWA.S AND SECONDED BY COUNCILMEM ER. FARBER TO ADOPT RESO U'TION 08-36 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION of PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT OVEMEN T of 2008. MOTION CARRIED 5-0. City Council Hautes May 1, 2008 'age MOVED BY COUNCILMEMBER MO TIN AND SECONDED BY COUNCILMMEBER FARBER TO ADOPT RESOLUTION 08-37 ESTABLISHING IN THE DATE FOR THE ASSESSMENT HEARING FOR THE BITUMINOUS INDUS OVER A'Y' IMPROVEMENT OF 2008. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN IN T O ADOPT RESOLUTION 08-38 ORDERING THE IMPROVEMENT AND PREPARATION of PLANS AND SPECIFICATIONS IONS IN THE MATTER OF THE I'T UMINO OVERLAY IMPROVEMENT of 2008. MOTION CARRIED 5-0. . Other Business ou dIme ber Gumph.rcy questioned the status of the screening for Aldi's. He tether noted there were some dead pine trees that needed to be replaced. Ms. Johnson stated she would check with staff on this item. Mayor Khnzing requested ars update of the legisladve session and how it would affect the budget. Ms. Johnson stated lever its allow an l crease of 3.9 percent over last year plus adjustments for household growth and new commercial industrial value and Local Govemment Aid remained unchanged, She indicated she received very prelimi ary numbers for the Net Tax Capacity of a 3 percent increase. FIs. Johnson expressed concerns with the bu ding p ernut activity. To date we received about 11 percent of the 2008 budgeted revenue. The Count decided to delay the hiring of the Energy City Coordinator position due to budget co ceras. 9. Count updates Where were no Count Updates. o. Staff Updates FIs. Johnson noted that city staff has set exp a meeting with a representative of the Boys Girls Club and she would report back to Council on June I AdjolIqment There being no further business, Mayor Kling adjourned the Meeting of the E11r, River City Council at 8:25 p.m, r Tina Allard City Clerk