04-20-2009 CCM~E~T~~ a~TM~ ELF R~I~~~ ~TYOUN~~
H~~D ~T T~I~ ~~K R~V~R CITY ~Al~.
~I~NDAY, APRIL ~, 2009
lVlemhers Present, ll~ayar ~~lin~ing, Counc~l~nembers ~eru~as, lestgaard, and urriphrey
err~~ers Absent: Cauncilmernl~er I1~atin
Staff Present: City Administrator Lori Johnson, Planning lVianager Jeremy Barnhart, Park
I~lan~er Chris ~eeseberg, I'uhlic works Director Terry IVfaurer, City
Attorney Peter Beck, Parks and Recreation erector B~ Il~aertz, and
Recording Secretary Jennifer Johnson
Also Pareset~t: Planning Corn.missioner Dana Anderson
~. Call I~C~etin~ To order
Puzs~ant to due call and notice thereof, the meeting of the ilk ~i~er City Council was called
to order at G:30 ~~m~ by ~ayaar l~lin~ing,
~~ Consider 4I~o1~~~9 Agenda
1Vi0~E~ BY ~GUI~fiCIL1VIEBER GUP~R~Y AN~I] E~~1IIDED BY
~GUNC~LEI4~BER'~TGAARD TG APPRGVE TIDE AGEN~A~ GT~GN
~ARI~IED 4-~.
~. Consider Consent Agenda
ll~ayar r~lin~ing requested item 3.9. be remo~red from the consent agenda.
MG~ED BY ~UCZL~II~BFJR ERAS AND SECGNDED BY
~GUI~~ILME~BER GUMPRE~' TG APPRG~VE TIDE F~LL~U~ING
~GNSENT AGENDA;
34~ GUNC~L MINUTES
APRIL ~, ~4~9 ~LGS~~] ESSIGN
APRIL G, Z~~~ LGSED SESxON
APRIL 6, ~40~ ItEGUL~R EETXNG
3,~. CHEF IIEGISTER
3.3. PAY ESTIMATES
~~~r RLUi..1T ~~ I~A~~~ V~+ ~J..1~~~~T1~~ ~1~~T~-.I.~ \T 1 ~~
G~N'ERAL PLANKING PERrT FOR FARMER'S MARKET, SASE ~~•
~~-~T
3.5,A, TENIPGRA_RY SALES~STGRAGE FIREGRKS PERMIT FGR
I~FIRR1VfAN
3.58. GENERAL PLANKING PERMIT FGR TEKT SALES, SASE I~iG. ~P ~~-
~5
3.C~ REGLUTIGN 0~-I5 AI~KG'~ILEI~GXNG ~GI~TRIBTJTIGN FRG14~I
SUPER 1~IAT TG TI~I~ PDLIE 9 UKIT
airy Ccunc~ Amu#es
April 2~, ~a0~
Page ~
3,7, PLANN~N ~1VI~II~T~N APP~T~TI~T T~ AT}NIII~I~T~ATT~'~
aal~~ HEARING B~y~AR~ /~ a~ ~y ^ 7~ ~-y ^^=rr i y-~ Yy~+ Yy
V,~4 ~~~~~ A. h+ ~4J~..+ /r~~ kl~J A.+. i1~~ ~~NV~~ ^1 iJ~i iN 1iLi]k
RIVER
~,1Q. I',GCL~IIVI A.Y ?, 2~~9 A~ NATIGI~AL C~ILI~REN~ 11~IENTAL
HEALTH AAREN~ T~A~
IIfI~TT~N CARRIEII 4~a.
3.9, I'toclaim Mav ~, 2~~ As Pai~at the Town Pu~ule Da4r
I~a~ren Ef~crin, chairperson far• the 2409 Elk River Relay far Life, encouraged paxti~.pation ~n
the May 2, 2009 Paint the Ta~vn Purple event being held in downtown Elk River. Br~sinesses
are being asked t~ fires s up their windows with purple and have ernplayees gear purple to
bring awareness to the upcoming Relay fax Life, raising money bene~tting the .~~mexican
Cancer Society's research, patient support and educational programs to local citizens, This
yeax's Relay will be held tk~e evening of July 3~ at the Ells Rivex Nigh ~choal. During the
May 2 faint the Town Purple Day, residents can rr~ake donations on the lawn of floe Bank of
Eu~ River and sign up to foam a tea~x~ to paitioipate i~~ the Relay
GVETI B~ CGUNCILMENIBER Z~RA ANTI E~ND~D B~
CGT~NCILIVIEI~BE~ "~~TGAAIT~'~'G PRGLA.I11~ 11~AV .2, ~~~9 AS T'~AINT
THE T~wN PUI~I'Lh~ DAB, ~TIGN CARTD ~-~,
4. ~ en Mike
e~ ~eh~, Sr, of Dehn's Maur Seasons asked the Council to cansidex gxa~ntin a CUP ~n
order to lease his empty budding to Mann Howexton, who would open a marine and
recreational vehicle business, located at 1~3G Highway 10. Ike requested the b~xsiness k~e
a~.awed to opexate beginning May I as the majaxity of they business occurs duxin.g d.~e
rrionths of May througl~ ~u1y,
Counselor Beck advised them that the City is statutorily required to bald a public heaxing
before the City giants a CUP. The Council is also xequfted to receive a xeca~x~men.datian.
from the P~anrung Commission to approve ot~ deny tl~e CI~P before the Council can
approve oz deny such a request,
T`he Council autli~ed theix op~.ons, and stated staff will act an theix C~JP application as
quickly as passible, and ~rould hold a special meeting if necessary.
~~ Retirement Reca~mitian -Bruce 'des t~ 1~'rre, C~? ie~
Ms. ~ahnson expressed hex appxeciatzan far Chief west's sez~rice while waxking as l~ixe Chief
for the City of Elk River far l4'l~ years. the spoke highly of lays dedication to the staff and
residents of Ells River and wished hirn well on his xetire~nent and future endeavors
Cl~.ef' west spoke to the Council and public, expressing his thanks and appreciation to them
for the successes of his career,
Mayan I~lirx~ing also expressed her appreciation fox h#s years of service to the cammu~ty,
She Lead and presented his retirement plaque to Chief Test thanking hirn far his exceptional
leadership and devoted se~rice.
Ciry Council Minutes Page 3
Ap~~. ~a, 200
Mayor I1in~ing called a recess at 6,~~. 'the Mayor reconvened the meeting at b:~.
b~I. Re oast h Midwest As halt far Ordinance Amendment to the Ci of ilk River hand Use
Rye ulations section, 3~-1 S~5 I~!~ Iylineral ~~cavatian, ~ve~rlay District to Allow Yard Taste
~Cona ostin~ bite, Case No. OA~09-a~,-,~'u;bl~~ 'ea~~~~
Barnhart presented the staff report. ~Ie handed out an updated copy of the ordinance
for tl~e Council's review.
Mayor Inning opened the public hearing. There being na one to spear to this issue, Mayor
l.i.n~ing closed the public hearing.
MOVED BY COUNCILM~II~BER OUMP~RFIY ANT] ~CDNDED Y
COUNCII~II~F~MB~R ~~RA TO APPRO~'F~ ORDINANCE ~9-~~ AMFJNDING
TkTF~ CITY OF ELR RISER LAND U5~ REOULATTONS SECTION 3~-~8~5 ME
I~IINERAL E~CA~ATION O~'~RLAY' DISTRICT TO ALLOT YARD ~'1A~TE
~COMI~o~T~N~~ ~ITFJ ~ REUE~T~D ~~ M1~D'E~T ASPHALT, ~ NO.
~~ 4~-~2, MOTION .~.~~~ ~~a.
~.~. Re oast b Midwest As halt far Conditional Use I~erinit to A~x~end E~is~.n CAP to Allow
Yarrd aste~orx~~g,~ bite Business Case Na, ,CU a9~Ia ~- ~'u~i~~c ~Iea~~~r
Il~r. Barnhart presented file staff zepozt.
Mayor I~lin~ing apcned the public hearing. There lOe~g no one to speak to this issue, Mayor
I~Ii.n~i~xg closed the public hearing,
14~OVD ~~' COUNCILIVIEIVi~~R F~R'AS AND SECONT~ED BY
COUNCILM~M~ER ~ESTOAART~ TO APPROVE THE RE~IJEST BV
1~i~DD~' A.SPALT FOR CONI)~TIONAL U5E PERMIT TO AMENT)
~XISTIN~ CUP TO A.LLO ~'ARD TASTE ~COMPOSTIN~ SITE BUINE5,
CASE NO. CI_J a9-1a~ MOTION CARRIED 4-~,
b.~. Re nest h Karl Bekiu for Interim Use Permit for Yard waste Cans ostin bite I~usiness
Case No. CU D-D9 ~ ~'ublrc ~eat~~
M~. $a~rnhart presented the staff report. ~e laanded out updated copies of the agreements
far issuance of intexim use permits far yard waste site and .~.ezal e~cavatton far• the
Council's review,
'The applicant was present to answer any questions.
IVlayo~ I~lin~ing opened the public hearing. T'laere being na one to speak to this issue, Mayor
I.in~ing closed the public hearing.
MO~EI) BY COU~ICILMEIVIBER ESTGAARD AND SECONDED BY
COUNCILII~EMBER ~ER'LAS TO APPROVE THE REQUEST B~' CARL
~~~ FOR IN'T~RIM ~ ~~M~T ~~~ BARD V~IASTE ~COMPOT~N}
SITE BUSINESS, CASE NO. CU ~~-09, LOTION CARRIED 4-~,
City Co-cil 1Vl~xiutes Page 4
Aril ~~, ~a~9
b.4. Re uest ~ 5 ~~~tef E~ect~~c ~'o~ anditio~al Use Kermit for Scoate~ 5al~s Case No, CU 09-
11-- I'r~bl~c e~r~~~
Mr. Leesehet p~cse~ted ~e staff ~•epo~t.
The a~~~iea~t was ~reser~t to a~swe~• quest~a~s,
Maur In~in o~encd the ~uhlic hear~~,g. Ste~~ Dobbersteln, tl~c applicant, ~s~ed the
Cau~.c~. to ca~~s~der a.end~ng cond~ti~r~ 7, w~~ich read, "No outdoor d~is~~ays skull be
allowed." He painted out a locati.an ot~ the sidewalk where he would kske to d~spla~ 4 or a
scaote~s to drag ~.atexes~ to his bus~~ess.
There hei~.g tea one else to speak ^n the issue, Maur 7~li~~i~g closed the public hearing.
After some d~scusslon, council agreed to amend co~ad~t4an 7 aid a~law no rno~e than 5
scoate~s to be displa~red ~~ frar~t of e build,g.
MOOED ~~ COUNGILMEMBER V~ESTCA~RD AND SECONDED B~'
C~UNCrLEMBER ~ERV~IAS TO APPROVE THE REQUEST B~ SPRINTER
ELECTRIC POR ~ONDrTrONAL USE PERMIT FOR SCOOTER SALES, CASE
NO, CI.J 49-1I, KITH THE FOLLOWING CONDITrON;
I. AS A ~ONDITiONAL USE PERMIT is NO'T A BHILOI~VO PERMIT,
THE APPLrCANT SHALL APPLE' FOR A.LL REQUIRED PERMITS.
~. ALL REQUIRED LICENSES SHALL BE OB'TAiNED.
ALL EXTERIOR SI~N.ACE SHALL REUiRE A SIGN PERMIT,
~. TEST DRE ROUTE SHALL ~~ CON~rNED TO AN ~~. DEFrN~D
B~ SCHOOL STREET {TO THE SOUTH}, HIGHWAY I~9 PTO THE
EAST~~ ~~~~ PTO THE NORTHa~ AND ~ACI~SON AVENUE STD THE
BEST}.THE TEST DRr~rN~ SHALL ONLY BE ALLOV~ED ON THE
PUBLIC STREETS THAT DEFINE THE BOUN'DARY' OF THE AREA,
AS WELL AS ON THE FOLL0~1YN0 PUBLrC ROADS LOCATED
V~ZTHIN THE DE~rNED AREA. P`REEPORT AVENUE, ~91s~"
A~ENUE~ THE TEST DRi~ERS SHALL ONLY BE ALLOYED TO
AccESS THE TEST DRIVE AREA ~~ USINO DODGE TREAT
SOUTH TO ELR HILLS DRIVE AND THEN WEST TO I3IOI-I.AY 1G9
OR SCHOOL STREET.
~~ THERE SHALL BE NO TEST DRI~INC III ANY RESIDENTIAL
NEIGHBORHOOD,
~~ THERE SHALL BE NO TEST D~.IrNC BET'~1EEN G~oO P,M~ AND 8;00
A,M~
~~ ~~ MORE THAT FIVE ~s~ Two H~EI~~D SCOOTERS SHALL ~~
A.LLO~IED TO BE DISPLACED ON THE SIDEWALK AND A
MrNrMUM SYDEALI~ ~UIDTH DF FOUR ~4} PEET SHALL BE
MAZNT~rNa~D AT ALL TrMES~ OTHER DrSPr~A~ AREAS ~~ ~~
USED, ~ ALLOYED B~ STAFF,
8, THE APPLrCANT SHALL HAKE APPROY'AL AND INSURANCE
~~OM THE rNSURANE PROVIDER ~E~oRE TEST DRr~IN~
SHALL ~E .ALLOYED.
11riOTION CARRIED ~-4,
City ~auncil Mutes
April ~0, 200
Page 5
~,5, Rc~~ ~t~of ilk Ri~ex_to_ 1~rr~e~d_ the__~ft~ of Eli Ri~rex 1:~a~d Use Regulations Relating„
to signs, Including 3~-I,;, 30-85~-8~~; 30-102-1a~6; 3a~1~9~R1~94; ~0-~58, base l~a~ OA
09-OI - ~'ublr'c ~Ieatr~~ ca~~r~ued ~r~~rr a~c~ 1~i~,~~9„C~'or~c~I ee~r~
Mir; Leeseberg presented the staff xepoxt, because the I'la.nn~ng an~n~issian pastpaned this
request, ~uncil will continue t1~e public hearing to a latex date+
Mayox I~lit~~ing opened the public hearing. Mayan I~1in~ing continued the pub~.c hearing to
May 1 S, ~~~9.
6~b, ~ans~dea~ Re~oca~ota of o~dit~onal Use Perm~.t faL ~Uilliam Matthews (Matthews Auto
S~ ~ I33q~2 High~v~, base ~a, CTS 06-~8
M~. Baxnhaxt presented the staff repoxta
M.r. Barnhart stated there was na response f~an~ Mr. Matthe~~rs and na praveents to
the pxope~ty have heed made
Council directed staff to begin xevocatioti pxoceedings end draft a revocation hea~in.g notice.
~.~, ~iscussio~. ~g?a~dzng Placement of Banners an TAI 1~ ~~gk~t ~'o~es and .A~~xovin~ Banner
:M~, Mau~e~r pxesented tl~e stal`f report.
Council agreed to the blue ba.nnex design with the pity logo and waves to be displayed yeax
round, as well as the seasonal Rivexfront concert Berle banners to be displayed fluxing the
sun~n~er ~x~onths. Approximate purchase price pex banner is X75-~aa.
~~~'~~ B C~UNILIVIE~ER ~~RwA ANSI ~E~NDED ~~
~~U~ILE~~R ETAA.RD T~ AI~~~~E T BANNER P~LI~Y A~
~U'I1LINED IN THE STA~'~ P~RTr ~IDTI~N ARI~IEI~ ~~0.
M~~ED B~ ~IJ1~~IL14~EMBER ~EI~wA~ A.N'D SECONDED BY
I;OUII~~ILII~IEMBEI~'1ETAARD T~ API'R~~VE TAE PUI~CHAS~ ~F
BANNERS III THE Ai~OUNT '~T T~ EEED ~G~~ ITS ~~JN~S TO
COIVIE SRO OL~~ICIL CO~ITI~IGENC~'~ MOTION CARRIED 4~0.
7.2, Consider Inittatin 4~~ Assessment Process faf Cans letia~a of 'T'xott B~•ook Crossin and
Windsor Meadows Develoge~r P,~~ects
Mx, Maurer presented the staff report,
11~I~}ED BY COUNCZL~II~BER CU~IPHRE~ .A.N~ SEC~N~E~ B~'
COHNCILNIEIVIBER wE~TOAA.RI) TO INITIATE THE ~~9 ASSESSMENT
PROCESS BOIL C~MPLETI~1~1 ~~ TROTT ~ROOI~ CR055INC ACID
~VINI~SOR MEADOWS DEVELOPER PR~JE~T~ A. ~~JTLINED III' TIDE
~T~ ~LJl ~~Tr ~~T~~~ ~~~1J~ T-~1
7.~~ E u~ ~xaent Shared Use ~ regiment Petween the Ci of ~1~ River and Sherburne Caun
Ci~r council Minutes
App ~~, 2~~
Nlr, auger presented the staff report,
Page G
MOOED B~ OUN~EILI~EII~~ER SERA ANI~ ~EONDED BY
OU~N~ILII~EMBER.'ETOAA.RD TO APPROVE THE E~{JIPENT
SHARED USE ~GREEI~IENT ~ETEEN THE CITE OF ELR RIFER ANI]
~HERBU~R~E ~OI~I~T~. LOTION ~ARRIEI~ 4~~.
8.1. ~onside~ Re uest b ~nivetsi of ll~innesota Extension 4-~ fog a ~ammuni ~aarden in
Ells River
Mr, Ivlaert~ presented ~e staff repaxt,
Kathy Held from tlxe University of Minnesota Extension office was present to answer
questions,
IVIO~ED BY ~OUNEILNIEMBER O~FHRE ANI~ SECONDED B~
I;OU'I~CILEBER wETOAARD TO AI'I'RO~E THE RE~JET ~Y
IJNI~"ERITY OF I~INNEOTA ETEIVION' ~ 4~ FOR ~. OI~IMUNITY'
GARDEN IN ELF RISER A~ O~TLZNED IN THE STAFF REPORT. LOTION
~ARRZED 4-~.
8,~. Petition'~1ai~et• and A ~eement far the Cancellation of ert~.n ecial l~ssess~ne~xts and for
th~ ~ and Defexral of Special Assessments
Ms. Johnson presented th.e staff xepoxt.
MOVED ~~ ~OUN~ILIVIEII~I~ER ETGAARD AND ~EO~iDED B3~
I;OUNCILMEI4~PER ERAS TO A.I'I'RO~E THE PETITION'A~I~ER AND
.~OREEl1~ENT FOR THE CANELI~TIOI~fi OF I;ERTAIN ~I'EOIAL
ASSEMENT~ AND FOR THE LEINO AND DEFERRAL OF SI'ECZ.~L
.~E~~IENTS ~~ OUTLINED IN THE TA~FF REPOF~T. I1~IOTION
CARRYED 4~~.
B..A, 1~uthori~e Hiring'~~ar~~o~as~_Pa~t_~'e_~~s~ecta~
8,3,x, onsidex Pay Adjustment for Interim Fixe C~iief
l~s~ Joi~nsot~ presented the staff report, She stated t~~e ~i~~ing process hay begun for a new
~~re chief and applications are due by day 4,
~o~ncilmetnber um.phrey stated if the Ct is moving fast ~ filling the ehi.ef s pasikion,
there shouldn't be a need far a texnparary part ti~n.e inspector,
Councilmember ~erwas agreed,
IVIs. Jahz~son stated the department could function without a temporary inspector, but
business inspections would fall behind because ~'ixe Marshal Miff Anderson is serving as
interim f~:e chief tl~~s he anticipates limited dme being avaiia~ble fax business inspections,
City Council Mutes
April 20, ~0~9
Page 7
Coun.ciln~eber estgaaxd stated staff should txy to remain current with business
i~nspeetions and the cast to hive a temporary part t'ie inspector wauid be minimal given the
fact the Fire chief's position is currently open
l~Iayax I~}in~ing stated she supported firing a part time inspector but would like interim `ire
Chief Cliff Ande~•san to attend the N1ay 4 Meeting to discuss the curreflt condition of
inspections and pro~ride statistics to show a need far a ternpo~a~y part time inspector.
11rI~~'ED ~'Y CQI.JNCILI~[EBER ~E~4~.~ AN'D SECONT~ED B~'
~C~1'~ILNIE~IBE~ ES~'AA~I~ x~ APPROVE PA.~ .A~JC~TI~E~x FAR
r~rTE~ FIDE ~YEF ~.~ ~~~IJ~~E~ I1~ TAE STAFF ~E~o~~, n~oT~~~
.A,RRIED 4-4.
9, Other Business
There was r~o ether Business.
10, Council U~dat~s
There were no Council Updates,
~1. Staff Updates
~. ~,1 fioint meeting with Parks and Recreation ~o~xzi.ssion
NIs, Johnson stated the joint meeting with tie Parrs and Recreation Ca~nmission and the
pity Council would be held imtnediateiy after the 1VIay 4 Cou~acil eedn~
Il~icheile Bachmann's office contacted the City and is in support o ~' the City's funding
request fox itnpravernents to highways 1~ and ~9. She stated she requested letters of
support franc Z1~fnD~T-District 3 officials and will ask fox letters of support front the City
of ~itnxr~exman and Sherburne County also
s. ]ohnsan updated the Council that staff is continuing to review the pending land~tll
expansion request a~ad util~ing consultant e~peftise as needed,
1~. ~dlaurnment
There being no fu~~ther business} Nlayar Z~lin~ing adjourned the nleeti~g of the ilk River
F
City Caunc at 7:~~ p.m,
Minutes p epred by Jennifer Johnson
_ ~~
r`
,~. ~.
Tina Allaxd, City Clem
J~-~C~
Step: nie X{linzing, ~~