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07-21-2008 CCM• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 21, 2008 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, Parks and Recreation Director Bill Maertz, Recreation Coordinator Steve Benoit, Finance Director Tim Simon, Community Development Director Jeff Gongoll, City Attorney Peter Beck, and City Clerk Tina Allard Also Present: Planning Commissioner Kevin Scott 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 6/21/2008 A eg nda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 3.3. ADOPT ORDINANCE 08-07 REGULATING FLAG LOTS BY AMENDING SECTION 30-1 ~~DEFINITIONS" AND ADDING SECTION 30-482 "FLAG LOTS" OF THE CITY CODE OF ORDINANCES, CASE NO. OA 08-04. 3.4. THE -CITY TO TAKE OVER THE MAINTENANCE OF THE TRAIL ALONG COUNTY ROAD 33 IN THE WINDSOR PARK 3~ SUBDIVISION AND APPROVAL OF THE MAINTENANCE AGREEMENT TITLED "EXHIBIT A" IN THE STAFF REPORT. 3.5. AUTHORIZE PARTICIPATION IN PROVIDING SUPPORT TO CITY OF SAINT PAUL FOR THE REPUBLICAN NATIONAL CONVENTION AND TO ENTER INTO A JOINT POWERS AGREEMENT. 3.6. • RESOLUTION 08-55 ACKNOWLEDGING CONTRIBUTIONS OT THE CITY OF ELK RIVER . City Council Minutes Page 2 July 2i, 2008 ----------------------------- 3.7. NOTICE OF QUORUM FOR LAKE ORONO BOAT TOUR ON JULY 28, • 2008 AT 5:30 P.M. MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. Revenue Bond for Metal Craft Machine & En ' eerin Inc. Pro'ect -Public Hearin continued Mr. Simon 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 the liability of the parties involved. Jack Mowry, applicant -Stated all parties have committed responsibility for all obligations. 5.2. Request by Christina Simon for Variance to Lot Frontage Requirements Case No V 08 07 - Public Hearin 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. Mayor Klinzing questioned why the applicant is requesting the split. Mr. Barnhart noted that the applicant was not at the meeting. He stated she requested the split to eliminate an irregular shaped driveway. Council expressed concern with the easements on the driveway and requested a maintenance agreement be drafted prior to the second parcel being sold. It was further noted the well and septic could be an issue. Mr. Beck stated a maintenance agreement could be a requirement when the applicant comes back to Council for a conditional use permit. Mr. Leeseberg stated the applicant is willing to install a second well. He stated a seconded septic has been installed but there could be issues with the primary and secondary locations. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO DENY VARIANCE, CASE NO. V 08-07 AS ILLUSTRATED ON DRAWINGS DATED 4-28-08, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT WILL NOT CAUSE UNDUE HARDSHIP AS THE PROPERTY ALREADY HAS A VIABLE USE (A DUPLEX) ON IT • WITHOUT A VARIANCE. City Council Minutes July 21, aoo8 Page 3 2. THERE IS NO HARDSHIP NOR SPECIAL CONDITIONS AND CIRCUMSTANCES. THE CONDITIONS OF THE SITE EXISTED PRIOR TO THE APPLICANT PURCHASING THE PROPERTY. THE CURRENT CONDITIONS, LOT SIZE AND SETBACKS, MEET THE ZONING REQUIREMENTS. 3. THE APPLICANT WAS AWARE OF THE CONDITIONS OF THE SITE PRIOR TO PURCHASING THE PROPERTY; WHICH IS A DUPLEX ON A SINGLE PARCEL OF LAND. 4. THE PROPERTY OWNER IS NOT BEING DEPRIVED OF ANY RIGHTS. THE PROPERTY ALREADY HAS A VIABLE USE (A DUPLEX) ON IT WITHOUT A VARIANCE. MOTION CARRIED 5-0 5.3. Conditional Use Permit for Above Ground Stora e Tank C mbet Co oration Case No. CU 08-14 -Public Hearin Mr. Leeseberg presented the staff report. Mayor Klinzing opened the public hearing. David Gustafson, Cymbet Representative -Stated he was available for any questions. Mayor Klinzing closed the public hearing.. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY • COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT CU 08-14 FOR AN ABOVE GROUND STORAGE TANK AS ILLUSTRATED ON DRAWINGS DATED 5/22/08 WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. IF THE LOCATIONAND/OR SIZE OF THE ABOVE GROUND STORAGE TANK CHANGES, THE PROPERTY OWNER SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THE CHILLER (UTILITY) AREAS SHALL BE SCREENED WITH APPROPRIATE MATERIALS. MOTION CARRIED 5-0. 5.4. Interim Use Permit to Extend Use of Temporary Classrooms River of Life Church Case No. CU 08-13 -Public Hearin Mr. Leeseberg presented the staff report. Mayor Klinzing opened the public hearing. David Zieman, River of Life Representative -Stated he was available for any questions. Mayor Klinzing closed the public hearing. • City Council Minutes July a1, aoos Page 4 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY • COUNCILMEMBER ZERWAS TO APPROVE INTERIM USE PERMIT, CASE NO. CU 08-]3 TO EXTEND THE USE OF TEMPORARY CLASSROOMS WITH THE FOLLOWING CONDITIONS: 1. ALL THREE PORTABLE OFFICE/CLASSROOMS SHALL BE REMOVED BY SEPTEMBER 1, 2010. 2. IF AN EXTENSION TO THE SEPTEMBER 1, 2010 DATE IS REQUIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 3. THE TOTAL SQUARE FOOTAGE OF ALL THREE PORTABLE OFFICES SHALL NOT EXCEED 2,750 SQUARE FEET. 4. IF THE LOCATION OF ANY OF THE PORTABLE OFFICE/CLASSROOMS IS CHANGED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 5. ALL THREE PORTABLE OFFICE/CLASSROOMS SHALL MEET ALL BUILDING AND FIRE CODES. MOTION CARRIED 5-0. 5.5. Administrative Subdivision - Froelich's Ha Corner Case No. P 08-07 -Public Hearin 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. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE ADMINISTRATIVE SUBDIVISION, CASE NO. P 08-07 FOR FROELICH'S HAPPY CORNER AS ILLUSTRATED ON DRAWINGS DATED RECEIVED JUNE 19, 2008 WITH THE FOLLOWING CONDITIONS: 1. ALL REQUIRED SUBDIVISION/PARK 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. 2. PARK DEDICATION SHALL BE PROVIDED IN THE FORM OF CASH FOR ONE (1) LOT AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 3. A 30-FOOT TRAIL EASEMENT SHALL BE RECORDED ALONG THE .ENTIRE EAST SIDE OF THE PLAT, OUTSIDE OF UNITED POWER ASSOCIATION EASEMENT. MOTION CARRIED 5-0. 5.6. Request by Chris Carlson (Sgortech) for Interim Use Permit Elk River Extreme Motor Park. Case No. CU 08-16 -Public Hearin Mr. Barnhart presented the staff report. • City Council Minutes July zi, aoos Page 5 Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor . Klinzing closed the public hearing. Counciltnember Motin questioned if the applicant was okay with the change in hours of operation made by the Planning Commission. Mr. Barnhart stated the applicant was acceptable with the hours and noted they have not requested any lighting for the site. Chris Carlson, applicant -Stated the hours of operation would not be an issue. Mr. Beck noted there should be a time limit on this interim use permit due to the Council's future intent for the zoning of this area. Councilmember Farber thanked staff for monitoring the highway access for this project. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE INTERIM USE PERMIT, CASE NO. CU 08-16 FOR FIVE YEARS BEGINNING JULY 21, 2008, AS ILLUSTRATED ON DRAWINGS DATED JUNE 2, 2008 FOR ELK RNER EXTREME MOTOR PARK WITH THE FOLLOWING CONDITIONS: 1. ALL MN/DOT COMMENTS OUTLINED IN THE LETTER DATED JUNE 25, 2008 SHALL BE ADDRESSED. 2. PROVISION OF A SPECTATOR SAFETY PLAN, TO BE APPROVED BY THE ELK RIVER FIRE DEPARTMENT. ® 3. PROVISION AND APPROVAL OF AN ON-SITE TRAFFIC/ DISTRIBUTION PLAN THAT DEMONSTRATES: A. LOGICAL ON-SITE DISTRIBUTION OF PARTICIPANTS , SPECTATORS, AND PUBLIC SAFETY. B. ADEQUATE ON-SITE STACKING FOR ADMISSION AND EGRESS. C. ADEQUATE OFF-SITE STACKING FOR ACCESS AND EGRESS WITHOUT IMPACTING US HIGHWAY 1G9. 4. AS AN INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 5. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES 6. . HOURS OF OPERATION SHALL BE LIMITED FROM 7:00 A.M. TO 7:00 P.M., MONDAY THROUGH FRIDAY AND 8:00 A.M. TO 4:30 P.M. ON SATURDAY AND SUNDAY. 7. NO OVERNIGHT PARKING IN SPECTATOR LOT. MOTION CARRIED 5-0. 5.7. Reauest by Exquisite Stone Inc for Conditional Use Permit to Allow Stone Fabrication Business. Case No. CU 08-15 -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. • City Council Minutes July 21, Zoos Page 6 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY • COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 08-15 TO OPERATE A LIGHT MANUFACTURING BUILDING WITH A RETAIL SHOWROOM IN THE C-3 ZONING DISTRICT WITH THE FOLLOWING CONDITIONS: 1. NO EXTERIOR MODIFICATIONS ARE INCLUDED IN THE APPROVAL. 2. A BUILDING PERMIT SHALL BE PROVIDED FOR ANY INTERIOR MODIFICATIONS. MOTION CARRIED 5-0. 5.8. Code Enforcement Appeal and Administrative Fine Schedule Mr. Barnhart presented the staff report. The Council requested numerous changes to the ordinance. It was noted that the proposed ordinance hadn't been reviewed by the city attorney yet and the ordinance would come back to Council as a public hearing for final review and approval. There was discussion on whether the Hearing Board should be able to deviate from the fee schedule. The Council concurred on the following: 1. The Hearing Board should be comprised of three individuals: Two Councilmembers and one Planning Commissioner as appointed by the City Council and Planning Commission respectively. 2. Escalating fees for repeat violations. 3. Definitions improved in the fee schedule and the number of occurrences that apply for each fee. 6.1. Ordinance Rebealing all of Chapter 26 Article II and Adopting_New Section Regarding_ Tobacco. Public Hearin 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. Councilmember Motin requested a language change under Section 26-68 (b) that would outline specifically the names of the persons who should be listed on the application. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 08-08 REPEALING ALL OF CHAPTER 26, ARTICLE II, ~~TOBACCO" AND ADOPTING NEW SECTION 26, ARTICLE II "TOBACCO" OF THE CITY CODE OF ORDINANCES WITH THE CHANGE NOTED BY COUNCILMEMBER MOTIN. MOTION CARRIED 5-0. • City Council Minutes Page 7 July 21, 2008 ----------------------------- Resolution Approving Summary Publication of the Ordinance MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 08-55 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 08-08, AN ORDINANCE REPEALING ALL OF CHAPTER 26, ARTICLE II, "TOBACCO" AND ADOPTING NEW CHAPTER 26, ARTICLE II, "TOBACCO." MOTION CARRIED 5-0. 6.2. Boys & Girls Club Ugdate Ms. Johnson presented the staff report. Ricky Solomon, Boys & Girls. Club representative - gave a presentation on the Boys Girls Club's needs. Joely Prescott -Read the speech that helped her to win Youth of the Year. Ricardo Lopez, Board President -Stated he wouldn't be here today if it wasn't for the Boys & Girls Club. He stated it is a great community need and provides a place of hope and opportunity. He stated the Club has laid off staff and cut back on services. Gil Somorra, Director of Operations -Stated the Boys & Girls Club is working through a complete overhaul and is involving others in the community. Councilmember Gumphrey and Farber stated the city need's to do what it can to come up with the $10,330 for 2008 and review the $40,070 with the 2009 budget. Mayor Klinzing and Councilmembers Zerwas and Motin raised the following concerns: ^ Fulfilling funding requests from other organizations such as ArtSoup and RSVP. • Unfilled positions within the city. ^ Economy and its affect on the city's budget. ^ Funding not available in City's budget without cuts elsewhere. ^ Salaries paid to the Boys & Girls Club Board of Directors. ^ Don't want to raise the Net Tax Capacity rate. Ms. Johnson reiterated there is a budget shortfall for 2008 and staff will need to evaluate what services to recommend cutting from the budget. She further- noted there are no contingency funds for use this year. Mayor Klinzing noted that the Boys & Girls Club needs to focus its efforts on retaining community support. Staff was directed to review the 2008 budget and come back with ideas of where the funding could come from and that the $40,070 requested for 2009 will need to be reviewed with the overall budget approval in September. 6.3. Consider Logo Sales to Public • Ms. Allard presented the staff report. City Council Minutes Page 8 July 21, 2008 ----------------------------- Ms. Johnson noted that t-shirts sold for previous events have not been good sellers. • The Council stated they would like a catchy, marketable product created and to bring the ideas back to Council for approval. 6.4. Set Special Meeting to Canvas Primary Election Results MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CALL A SPECIAL MEETING FOR THURSDAY, SEPTEMBER 11, 2008. MOTION CARRIED 5-0. 7. Other Business There was no Other Business. 8. Council Updates There were no Council Updates. 9. Staff Updates Ms. Johnson noted the Metal Craft ground breaking was scheduled for July 29 at 10:00 a.m. Mayor Klinzing questioned where Council should meet for the boat tour. Ms. Johnson stated she would get back to Council with the location. 10. Adjournment • There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:16 p.m. --°`;~ Tina Allard Ciry Clerk