08-18-2008 CCMr~
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL -
MONDAY, AUGUST 18, 2008
Members Present: Mayor Klinzing, Councilmembers Zerwas,l`dotin, and Gumphrey
Members Absent: Councilmember Farber
Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, City
Attorney Peter Beck, Community Development Director Jeff Gongoll, and
City Clerk Tina Allard
Also Present: Planning Commissioner Dana Anderson and Elk River Municipal Utilities
Superintendent Bryan Adams
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.
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2. Consider 8/18/2008 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION
CARRIED 4-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN 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. ORDINANCE 08-09 AMENDING SECTION 62-1 OF THE CITY CODE
OF ORDINANCES.
3.4. APPOINT RON TOUCHETTE TO THE ENERGY CITY COMMISSION
WITH A TERM EXPIRING 02/28/11 AND PAT DWYER SERVING AS
AN ALERNATE REPRESENTATIVE.
3.5. PYROTECHNIC FIREWORKS DISPLAY LICENSE TO PETER
ROTHFORK, RES SPECIALTY PYROTECHNICS INC. TO CONDUCT
PYROTECHNIC DISPLAYS AT THE ELK RIVER HIGH SCHOOL
FOOTBALL GAMES ON AUGUST 28, .SEPTEMBER 12, 26, AND
OCTOBER 10.
3.6. RESOLUTION 08-60 AUTHORIZING THE CALL OF THE
OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 1998A.
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City Council Minutes
August 18, 2008
Page 2
3.7. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH
SHERBURNE COUNTY REGARDING AN INCREASE IN PRICE FOR •
THE WATERMAIN PROJECT ON COUNTY ROAD 40.
MOTION CARRIED 4-0.
4. Open Mike
No one appeared for Open Mike.
5.1. Reauest by Earl Hohlen for Conditional Use Permit (Zane Street Commons) Case No CU
08-17 - Publrc Hearn
Mr. Barnhart presented the staff report dated August 18, 2008.
Mayor Klinzing opened the public hearing.
Tim Gillette, Hagemeister Mack Architects-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,
CASE NO. CU 08-17 AS ILLUSTRATED ON DRAWINGS DATED JUNE 30, 2008
WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE PUBLIC WORKS DIRECTOR MEMO DATED
JULY 30, 2008 SHALL BE ADDRESSED.
2. ALL COMMENTS AND CONDITIONS OF CITY ENVIRONMENTAL
TECHNICIAN MEMO DATED MAY 19, 2008 SHALL BE ADDRESSED.
3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES.
THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE
HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDR.ANTS
NECESSARY TO PRESERVE THE HEALTH AND SAFETY.
4. VACATION OF EASEMENTS BY GREAT RIVER ENERGY TO ALLOW
THE SITE PLAN AS PROPOSED.
5. PROVISION OF AN EASEMENT TO PERMIT THE ENCROACHMENT
OF PARKING ON CITY PROPERTY.
6. FINAL PLATTING OF THE PROPERTY, INCLUDING THE PAYMENT
OF PARK DEDICATION AND OTHER FEES.
7. PROVISION OF A LANDSCAPE PLAN PER THE REQUIREMENTS OF
SECTION 30-934.
8. ONE OVERHEAD DOOR MAY BE PERMITTED, PROVIDED IT IS ON
THE WEST ELEVATION OF BUILDING #1.
Councilmember Motin requested that Condition # 8 state the following:
^ ONE OVERHEAD DOOR IS PERMITTED, PROVIDED IT IS ON THE
WEST ELEVATION OF BUILDING #1: IT MUST BE DESIGNED AS AN
INTEGRAL PART OF THE BUILDING AND SCREENED AS MUCH AS
POSSIBLE WITH LANDSCAPING AND WITH THE COLOR •
SUBSTANTIALLY THE SAME AS THE BUILDING.
City Council Minufes Page 3
August 18, 2008
The maker and seconder of the motion was amendable to changing Condition #8.
MOTION CARRIED 4-0.
5.2. R_ec~uest by Earl Hohlen for Preliminary and Final Plat Approval Zane Street CommonsL
Case No. P 08-08 -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.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE PRELIMINARY PLAT AND
RESOLUTION 08-61 GRANTING FINAL PLAT APPROVAL FOR ZANE
STREET COMMONS, CASE NO. P 08-08, AS ILLUSTRATED ON DRAWINGS
DATED RECEIVED AUGUST 14, 2008 WITH THE FOLLOWING
CONDITIONS:
1. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES
2. .
PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING
MANNER:
3. IN THE FORM OF CASH FOR 2 LOTS AT THE COMMERCIAL RATE
APPLICABLE AT THE TIME OF RECORDING OF THE FINAL PLAT
4 ($6,950.00/LOT, OR $13,900 AT THE 2008 RATE).
AL
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. L 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.
5. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER
1 YEAR, UNLESS THE PROPERTY OWNER OR OWNERS AGENT HAS
RECEIVED FINAL PLAT APPROVAL OR A LETTER OF REQUEST FOR
EXTENSION AS APPROVED BY CITY COUNCIL.
6. THE FINAL PLAT SHOULD ILLUSTRATE RESTRICTED ACCESS ONTO
HWY 169.
MOTION CARRIED 4-0.
5.3. Reauest by City of Elk River for Ordinance Amendment Regarding Placement of Black
Dirt, Case No. OA 08-06 -Public Hearin
Mr. Barnhart presented the staff report and noted staff and the Planning Commission
recommend denial of an ordinance requiring new developments to lay black dirt. While
strongly supportive of water conservation, he stated city staff would be willing to consider
alternative measures to assist the Municipal Utilities.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
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City Council Minutes
August 18, 2008
Page 4
Councilmember Gumphrey stated this ordinance should be adopted to preserve water for
future generations. He felt the enforcement options outlined in the memo could be •
implemented and if they didn't work, further action could be considered.
Mayor Klinzing and Councilmembers Motin and Zerwas stated there were not in favor of
the ordinance and noted the following comments
^ Water conservation is needed and needs to be applied consistently.
^ Would like to see more voluntary process in effect.
^ Increased and/or tiered rates as an alternative to reducing water usage.
^ Another alternative may be utilizing watering bans and ticketing.
^ Informational campaign to the public.
^ Concern with enforceability of ordinance.
^ The ordinance wouldn't affect many developments because most of the city is already
built out.
Councilmember Gumphrey noted enforcement of watering bans is difficult to enforce on a
24 hour 7 day schedule.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO DENY ADOPTION OF AN ORDINANCE
THAT WOULD IMPOSE REQUIREMENTS FOR THE ESTABLISHMENT OF
TOP SOIL IN NEW DEVELOPMENTS. MOTION CARRIED 3-1. Councilmember
Gumphrey opposed.
Mayor Klinzing thanked the Municipal Utilities for their hard work on this project and
bringing water conservation issues to light.
City staff was directed to work with the Municipal Utilities to develop alternative water
conservation measures for the Council to consider.
6.1. Emtilovee Reco~mition Policv 2008 Program, and Update to Public Purpose Expenditure
P°hc
Ms. Johnson presented the staff report.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE AN EMPLOYEE
RECOGNITION POLICY AND TO AMEND THE PUBLIC PURPOSE
EXPENDITURE POLICY AS OUTLINED IN THE STAFF REPORT. MOTION
CARRIED 4-0.
7. Other Business
There was no Other Business.
8. Council Updates
Councilmember Motin noted the Northstar Groundbreaking is scheduled for Friday, August
22, at 10:30 a.m. at the Depot.
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City Council Minutes Page 5
August 18, 2008
9. Staff Updates
There were no Staff Updates.
10. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 7:00 p.m.
Tina Allard
City Clerk
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