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02-17-2009 CCM SPSPECIAL MEETING THE ELK RIVER CITY COUNCIL HELD H ELK RIVER i IT LL TUESD", FEBRUARY 17, 2009 Members Present: Mayor Kli.nig, Co neem e s Zerwa , Motor, Westgaard, and Gumprey Members Absent None Staff Present: City Adniin€strator Lori Johnson,, Pl nig Manager Jeremy Bamhar- Park Plmner Cis Leeseberg, Finance DirectorTim Simon, City Attorney Peter Beck, Public Works Director Ferry Maurer, and City Clerk Tina Allaxd Also Present: Plan g Cornniissioner Dana Anderson Meedu To Order Pursuant to due call and notice thereof, the meedng of the River City Council was caned to order at 7:50 p.m. by Mayor ,sizing. . Consider 2Z17Z2009 AlZenda MOVED BY COUNCILMEMBER WES GAARD AND SECONDED BY COLTNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED -. 3. Consider Consent AVenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS To APPROVE THE FOLLOWING CONSENT AGENDA: .. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2. PAY ESTINUTES AS OUTLINED IN THE S'T'AFF REPORT. MOTION CARRIED 5-0. 4. Open NEke No one appeared for Open. Vie. ... Resolution SunpQrfinV,GrantAppEcation for Department of Natural Resources Local Trafl Connection Grant to fund River's Ed M� "ra FIs. Johnson presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 09-06 City Coundl mutes February 17, 2009 Page AUTHORIZING S'T'AFF TO SUBMIT AN APPLICAXION FOR A DNR LOCAL TRMS CONNECTION GRANT. MOTION CARRIED 5-0. ounce ber Motin questioned if there should be reference to the future extension of tile trial to the cities of Ao a and mosey in the resolution. MOVED BY COUNCILMEMBER GUMPHREY AND SECON-DED BY COLYNCILMEMBER Z I WAS TO AMEND THEIR ORIGINAL MOTION TO ADD LANGAUGE TO THE TSL GIANT RESOLUTION NOTING THAT THE TIAL IS ALSO PROPOSED To CONNECT WITH THE CITIES of ANOKA AND RAMSEY. MOTION CARRIED 5-0. C.I. hIRDES Permit.1p date, Public earin- Ms. Johnson presented the staff'' report. Mayor Klin ng opened the public hearing. There bem' g no one to speak to this issue, Mayor Klinzing closed the public hearing. 6. 2, Request by., `red McCoy., c o 's Pub for variance from the Shoreland Setback Rezulations, and the I us Surface Regglations, Case No. V 09-01.,W-Pubfic H Mr. Leeseberg presented the staff report. He noted that the Board of Adjustments and staff both recommend denial of the variance request He reviewed the variance criteria outlined in city ordinance. Mayonmg opened the public hearing. Fred McCoy, applicant — Stated his comments on this subject at a previous Council meetng still stand.. He stated he meets the hardship criteria because patrons leave his business when they fund out his restaurant doesn't have an outdoor patio. He further stated it is a hardship for the downtown business community when patrons don't cone to visit his restaurant. He stated having the patio will help to crag more business to the downtown business coeur, Mr. McCoy requested an explanation of Condition Number I in the staff report regarding a tormwater retention plan and whether he would be required to put in a drainage pond. He noted this could be a cost concern. Mr. Maurer stated the city has not revved any uuy developed older areas of town to fidly meet the new storm surer policies when they're expanding properties, He stated the theory used is that % of the stor water goes directly to the river through the storm sewer system and questioned the benefit of having the 1% of runoff fully managed when there generally is a big negative to the property to ,rewire them to meet the storm severer policies. He noted it would be unreasonable to hold drainage on this property. He stated the city would require erosion protection while work is being done In order to protect the bluff He stated the property would reed to be re-established in order to prevent ture erosion problems. Mayor I<Iinzing closed the public heaning. City Count mutes Page February 17, 2009 Mayor Klinzing q esdoned what direction the DNR . wiU take on this request Staff was uncertain. Mr. Beck stated if the request is denied by the DNR, the applicant could file an appeal with them. He farther stated the Council needs sound findings of fact to make a case to the DN MOVED BY COLTNCILMEMBER MOTIN AND SECONDED B COUNCILMEMBER GU P REY TO ADOPT RESOLUTION 09-0 APPROVING VARIANCE REQUEST V 9-01 AS ILLUSTRATED oN DRAWINGS DATED 2/5/09 WITH THE FOLLOWING CONDITIONS: I. CITE' ENGINEER SMALL APPROVE, PRIOR To CONSTRUCTION, UCTION, A BLUFF RE -STABILIZATION PIAN AND STORMWATER MANAGEMENT PLAN. . USE APPROVED MATERLkLS CONSISTENT T` WI'T'H THE DOWNTOWN DESIGN GUIDELINES. 3. SUBJECT TO DNR REVIEW AND APPROVAL. . ANY ITEM OR CONDITION FOLTND THAT INDICATES THE SITE IS LIKELY To YIELD INFORMATION IMPORTANT To PREHISTORY 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. . BUILDING ADDITION ITION SHAVE NOT EXCEED THE LESSOR OF 30 PEST OR No FURTHER THAN A LINE THAT EXTENDS FROM THE BLUFFS BUILDING AND THE CINEMA MAIN BUILDING. AND BASED ON THE FOLLOWING FINDINGS OF PAC'T'S 1. THE CITY HAS INVESTED IN MAKING THE oWNTo N SUCCESSFUL; OTHER BARS ARE LARGER; AND THE INABILITY OF THE APPLICANT To EXPAND IMPOSES A HARDSHIP, . THE SETBACK AFFECTS THE APPLICANT'S PARCEL L MORE THAN ANY OTHER HE PARUL IN THE DOWNTOWN AREA. . A SPECIAT CIRCUMS'T'ANCE IS THE BLUFF, WHICH IS NOT A RESULT OF THE APPLICANT'S OWN ACTIONS. OTHER H OWNTo N PROPERTY OWNERS HAVE BEEN ABLE To EXPAND INTO THE BLUFF AREA WITHOUT D&AULLING WITH IMPERVIOUS SURFACE AREAS, Mr. Beck outlined additional language that Coundl should consider adding to the findings of fact. THE AND SECONDER OF THE MOTION AMENDED THE ABOVE MO'T'ION To ADD THE FOLLOWING AT I ITONA.L FINDING OF PACT City Coundl Mntes Page e ruaq 17,2009 . BASED ON THE RECORD AND HEARING BEFORE THE CITY COUNCIL TONIGHT AND THE FLINGS MADE IN SUPPORT of THE CONDITIONAL 'IONA USE PERMIT. MOIL CARRIED 5-01. 6.3. Ret Landes to Extend -Lo d ti ase Tea t and Solid Waste Fad License for One Year Case No. CIS 09-04, Public Hea Mr. Bamhart presented the staff report. Mayor In g opened the public e=' g. There b ='g no one to speak to this issue, Mayor Klinzing closed the public .ear g. Deb Walters, applicant — Stated the Elk River Landes had or'gay requested a two year extension for tear Solid Waste Facility license but they were okay with the Planning Conunission's recommendation for a one year extension that would be tied to the conditional use pmt. MOVED BY CoUNCII.MM ER MOTIN AND SECONDED BY CoUNCII.. EMBE . WESTGAARD TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CLQ 09-04, AND THE EXTENSION OF THE ELK RIVER IANDFIL12S SOLID WASTE FACILITYLICENSE `o ONE YEAR. MOTION CARR 5--0. 6.4. Resolution Appro mal flat ofEli Rid e Center Fifth ,addition Request b a eland .Partners, UC Case No...P 09-01. Nr. Leeseberg presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 09-08 GRANTING FINAL PLAT APPROVAL FOR ELK RIDGE CENTER STH AI I ITION, CASE NO. P 09-01 AS INDICATED ICAT ON DRAWING DATED 2/11/09 WITH THE FOLLOWING CONDITIONS: .. ALL COMMENTS IN THE CITY ENGINEERS MEMO DATED FEBRUARY 4, 20092 SHALL BE ADDRESSED. 2. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY .AT THE TIME of FINAL PLAN' RELEASE BE PAID PRIOR O RELEASING THE PLAT" FOR RECORDING. CURRENT 2009 RATE WOULD $1,112/ACRE. . THE NECESSARY DRAINAGE AND UTILITY EASEMEN'T'S BE DEDICA'T'ED ON THE PLAT AS REQUIRED BY THE CITY. 4. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS, . ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE of BUILDING PERMITS. 6. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RAS"` APPLICABLE AT THE TIME OF ENTAL PLAT APPROVAL. CURRENT 2009 RATE E WOUL E $x',298 ACRE. City Council Minutes Page February 1, 2009 7. APPROPRIATE ROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITYAN RECORDED WITH THE PLAN` PRIOR To BUILDING PERMIT. . ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LA'T`ER CATER ASSESSMEN'T'S BE PAID PRIOR To RELEASING THE 'LA's" FOR RECORDING. MOTION CARRIED 5-0. .. Re -quest by 7040 Lakeland Partners LLC for Conditional Use Permit for Zero Lot Line Development, ment Case No. CU 09--05 Public He Mr. Leeseberg presented the staff report. Mayor Dining opened the public hearing. There being no one to speak to this issue, Mayor IQning closed the public hearing. The Council questioned the purpose for having the dri City Council Minutes Febnmry 1 7, 2009 Ccover .ead doors should be located. a way to accommodate vehicle loading/unloading but not located in such a way that they are grille from the street,.", Rage Mr. Leeseberg commented that It would be unrealistic to require age doors to be hLidde s they aren't In most l cados s around the city, but screening could e considered to . minume site impacts. Mayor D ing noted that the standard d hasn't been forced upon others in the development. MOVED BY COLTNCILMEMBER Z R' AS AND SECONDED B UNILM MB R. WESTGAARD TO APPROVE CONDITIONAL USE PERMIT, CU 09-05AS INDICATED ON DRAWINGS RECEIVED 12/29/08 AND THE REVISED RAWINGS DATED E 2/11/09 BASED ON THE FOLLOWING RASO': T. THE REQUEST IS CONSISTENT WITH ALL OR THE STANDARDS REQUIRED TO ISSUE A CONDITIONAL USE PERMIT. AND WITH THE FOLLOWINGCONDITIONS: T. ALL COMMENTS OF THE CITY ENGINEER DATED FEBRUARY 4,2009 SMALL BE ADDRESSED. 2. THE BUILDING SQL MEET ALIAPPLICABLE BUILDING CODES. . THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. . LIGH'T'ING SHALL COMPLY WITH THE ELIC RIDGE CENTER DEVELOPMENT SIGN STANDARDS. . ALS CONCRETE MASONRY UNITS SQL BE INTEGRALLY LY COLORED. . ALL SIGNAGE SHALL REQUIRE A SIGN PERMIT AND BE REQUIRED O MEET THE REQUIREMENTS OF THE ELK RIDGE E 'TIER DESIGN GUIDELINES. 7. THE FINAL PLAT SHALL BE RECORDED BO BEFORE ANY PERMITS WILL BE ISSUED OR SITE WORK CAN BEGIN. 8. NO OUTDOOR DISPLAY/STORAGE SHALL BE ALLOWED ON SITE. 9, LIGHTING SHALL COMPLY WITH THE DESIGN STANDARDS. 10. THE REINING SQUARE FOOTAGE OR BUILDINGS WITHIN THE APPROVED RIJT SQL BE REDUCED BY 1,220 SQUARE FEE'T'. 1. A LETTER. OF CREDIT, IN THE AMOUNT OF $50,000, SHAVE B PROVIDED COVERING ON SITE IMPROVEMENTS FOR LOT T BLOCK T ELK RIDGE CENTER 5`11 PRIOR TO ISSUING THGRADING OR. BUILDING PERMITS. 2. ALL ROOF TOP UNITS SHALL BE SCREENED FROM VIEW FROM ANY ADJACENT STR.EE T". 3. BUILDING MATRIALS AND COLORS SQL BE THE SAME AS THOSE USED ON THE E)US ING RETAIL BUILDING. 4. CESS ACCESS EASEMENT'S SHALL BE RECORDED. ET . 15. PROOF OF PARKING SHOULD BE SHOWN ON THE SITE PLAN. Thi TWO EQUALLY SPACED LANDSCAPE ISLANDS WITH TREES BE INSTALLED IN THE CENTER ROW OF RANG. MO'T'ION CARRIED 5-0. City CouncU Minutes Febmary 17, 2009 7.1. Consider Date for Board of Appeal and Equalization Meet Ids. Allard presented the staff report. Page 7 MOVED BY CoUNCILMMB R GUMI' RELY` ,AN -D SECON-DED BY COUNCILMEMBER WESTGAA-RD TO CALL A SPECS BOARD of ,APPEAL AND EQUALIZATION MEETING FOR WEDNESDAY, APRIL 29, 200% 6:30 P -M-2 AT THE SHERBURNE COUNTY GOVERNMENT ' CEN'S'ER, MOTION CARRIED -. 7.. Bud et Update Ms. Johnson provided a budget update as outlined in a handout she distributed to Counc . She noted that the proposal includes the lay off of three staff positions: building pear t technician, plans earner, and com,uru'ty development director, ani one clubhouse coordinator wotdd go from fu -dome to a seasonal position. She rm'e tred other budget adjustments. MOVED BY COLNC LMEMB R GI MBHREY AND SECONDER B COUNCILMEMBER WESTGAARD TO APPROVE THE BUDGET ADJUSTMENTS AS TLIN IN THE HANDOUT. MOTION CARRIED -, 8. Offer Business There was no Other Business. . Council U dates There were no Council TJpdates. 10. S, updates Inde enilemDay Fireworks Cou d1memher Motu questioned if the City would he provi City councR Nass Page February 1, 0o . Beck stated payment is contingent upon the employees sign'mg a waiver of claims. MOVED BY COUNC LMM ER GUMHREY AND SECONDED BY COUNCILMEMBER WES `GAARDTo APPROVE TWO MONTHS SEVERANCE A TO THE OFF EMPLOYEES CONTINGENT UPON 'AHEM SIGNING A WAIVER of CLMMS, MOTION CARRIED 5-0. 11. Adjoumment There big no further business, Mayor Klinzing adjourned the meeting of the Elk River City Co.cil at 8:45 p.m. 4 { f 1 `iff i Fina .A.ard, City Clark Stephan Kling, Mayor