06-15-2009 CCMTIC TH ELK ~~ CITY C ~V~L
L T THE ELK AVER QTY LL
Members Present: Mayor l~linzing, Counci)members Zerwas, Morin, Westgaard, and
Gumplare~r
Members Absent; None
Staf£ Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park
Planner Chris Leeseberg, City Attorney Peter Beck, Environmental
Administrator Rebecca Haug, Recreation Manager Steve Benoit, Finance
Director Tien Simon, Interim Fire Chief Cliff Anderson, and City Clerk
Tina Allard
Also Present; Planning Commissioner Claad Westberg
i, Call Meed~To ~rde~~
Pursuant to due call and notice thereof, the meeting of the Ells River City Council was called
to order at 6:30 p.~n. by Mayor Z~linzing.
Z. Consider G~15/2009 Agenda
Council~nember Morin requested Item 3.4 be removed from the Consent agenda.
MGVED BY COUNCILMEMBER WESTGAA..RD AND SECONDED BY
COUNCILIVIEMBER MOTIN T4.APPROVE THE AGENDA AS AI~IENDED,
MOTION CARRIED 5-~,
3. Consider Consent A enda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER ZERWAS TD APPROVE THE FOLLOWING CONSENT
AGENDA:
3,1 JUNE 1., 2009 MINUTES,
3.2, CHECK REGISTER AS OUTLINED IN THE STAFF REPORT,
3.3, PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT,
3.5,A, TEMPORARY SALES AND STORAGE FIREWORKS LICENSE TO TINT
FIREWORKS TO SELL FIREWORKS FROM JUNE ~ZrJULY 5 FROM A
TENT IN THE WAL-MART PARKING LOT.
3.5.B, GENERAL PLANNING PERMIT FOR TEMP®RARY FIREWORKS
SALES IN A 30'X50' TENT IN THE PARKING LOT OF WALPI~IART
WITH THE FOLLO'~ING CONDITIONS.
1, NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE 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 RESTRICT TRAFFIC,
City Council Minutes Page 2
June 15, 200
4, THE SALES TENT BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY CONDITION,
5. THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN,
G. THE TENT AREA SHALL BE REMOVED BY JULY ~.~., 2009 AND
THE SITE BE RETURNED TO ITS PREVIOUS CONDITION.
7. ONE 24 SQUARE FOOT BANNER ADVERTISING THE
FIREWORKS SHALL BE ALLOWED.
3.G.A. TEMPORARY SALES AND STORAGE FIREWORKS LICENSE TO TNT
FIREWORKS TO SELL FIREWORK5 FROM JUNE 22-JULY 5 FROM A
TENT IN THE CUB FOODS PARKING LOT,
3.G.B. GENERAL PLANNING PERMIT FOR TEMPORARY FIREWORKS
SALES IN A 30'50' TENT IN THE PARKING LOT OF CUB FOODS
WITH THE FOLLOWING CONDITIONS;
I, NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE 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 RESTRICT TRAFFIC,
4. THE SALES TENT BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY CONDITION,
5, THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN.
G. THE TENT AREA SHALL BE REMO~TED BY JULY 11., 2009 AND
THE SITE BE RETURNED TO ITS PREVIOUS CONDITION,
7, ONE 24 SQUARE FOOT BANNER ADVERTISING THE
FIREWORKS SHALL BE ALLOWED.
3.7,A, TEMPORARY SALES AND STORAGE FIREWORKS LICENSE TO
RENAISSANCE FIREWORKS TO SELL FIREWORKS FROM JUNE 19-
JULY 5 FROM A TENT IN THE MENARDS PARKING L®T.
3.7.B. GENERAL PLANNING PERMIT FOR TEMPORARY FIREWORKS
SALES IN A 20'40' TENT IN THE PARKING LOT OF MENARDS
WITH THE FOLLOWING CONDITIONS;
1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE,
2. ALL APPLICABLE FIRE CODES SHALL BE MET,
3. IF TRAFFIC BECOMES A PROBLEM AROUND THETEMPORARY
SITE, THE SALES AREA SHALL BE DELINEATED WITH A
BARRIER TO RESTRICT TRAFFIC.
4, THE SALES TENT BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY C®NDITION.
5. THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN.
G, THE TENT AREA SHALL BE REMOVED BY JULY ~.~., 2009 AND
THE SITE BE RETURNED TO ITS PREVIOUS CONDITION,
7. ONE 24 SQUARE FOOT BANNER ADVERTISING THE
FIREWORKS SHALL BE ALLOWED,
3.5. GENERAL PLANNING PERMIT FOR A TEMPORARY GREEN
HOUSE AND TEMPORARY STORAGE TRAILERS IN THE WAL~
MART PARKING LOT WITH THE FOLLOWII~IG CONDITIONS;
City Council Minutes
~une 15, 20D9
Page 3
1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE,
2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE SALES AREA SHALL BE DELINEATED WITH A
BARRIER TO RESTRICT TRAFFIC,
3. THE GREENHOUSE/GARDEN CENTER SHALL BE
MAINTAINED FREE OF DEBRIS AND DEPT IN AN ORDERLY
CONDITION.
4. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH
THE SUBMITTED SITE PLAN,
5, THE GREENHOUSE AND DISPLAY AREA BE REMOVED
WITHIN ONE WEED OF THE END OF THE SALES PERIOD AND
THE SITE BE RETURNED TO ITS PREVIOUS CONDITION,
G, THE TEMPORARY STORAGE TRAILER SHALL BE REMOVED BY
AUGUST 1, 2009,
3.9. MASTER LABOR AGREEMENT BETWEEN' THE CITY OF ELK
RIVER AND LAW ENFORCEMENT LABOR SERVICES LOCAL 231
FOR JANUARY 11, 2009 TO DECEMBER 31, 2010 WITH THE
CHANGES OUTLINED IN THE STAFF REPORT.
3,10. RESOLUTION 09-30 AUTHORIZING A TRANSFER FROM THE
MUNICIPAL LIQUOR FUND TO THE PARK IMPROVEMENT
FUND
3.11. ONE YEAR EXTENSION 4F THE FINAL PLAT 4F DEPOT AT
ELR RIVER STATION TO JUNE 15, 2010.
3,12. SPECIAL EVENT PERMIT TO ELK RIVER ARTS ALLIANCE FOR
JUNE 20, 2009 'WITH THE FOLLOWING CONDITIONS;
1. CERTIFICATE OF INSURANCE SHALL BE FILED WITH THE
CITY,
2. NOTICE OF THE EVENT SHALL BE GIVEN TO AREA
BUSINESSES AND RESIDENTS,
3. IMPROVEMENTS ORDERED BY THE FIRE MARSHCAL TO
THE 720 MAIN STREET FACILITY SHALL BE COMPLETED
WITH COSTS PAID BY THE ARTS ALLIANCE,
4. COSTS FOR UTILITY USE AT 71G MAIN STREET FACILITY
SHALL BE PAID BY ARTSOUP.
5. TENTS MUST MEET APPLICABLE STATE AND FIRE
BUILDING CODE REQUIREMENTS, NO STAKES SHALL BE
POUNDED INTO THE PAVEMENT, STAKELESS TENTS
SHALL BE USED,
G. TENT IN DING AVENUE PARKING LOT MUST BE
REMOVED BY NOON ON MONDAY, JUNE 22.
7. PQLICE RESERVES WILL BE PROVIDED FROM 5;00 A.M, TO
10:00 P.M. ON JUNE 20.
8. APPLICANT SHALL PROVIDE PORTABLE TOILET
FACILITIES THROUGH PRIVATE CONTRACTOR.
FACILITIES SHALL BE INSTALLED IN THE KING AVENUE
PARKING LOT'.
9. APPLICANT SHALL PROVIDE GARBAGE SERVICES
THROUGH PRIVATE CONTRACTOR.
10. PERMISSION MUST BE ®BTAINED FROM FIRST NATIONAL
BAND FOR USE OF THEIR PARKING LOT.
City Council M~.~n.utes Page 4
June 15, 209
3,13. STAFF AUTHORIZATION TO DRAFT AN ORDINANCE
AMENDMENT TO ALLOW WIND TURBINES IN INDUSTRIAL
DISTRICTS,
MOTION CARRIED 5-4,
3.4. Lions Parr Center ,and Trot Brook Farm 50.E ~c~ 3 Usage
-- - . , . ._.. _,_.. ._._ ._...... ~...,~---W--~-
Councilmeml~er Morin stated Council had a previous discussion about whether to allow
church se~~vice in city Facilities. He noted there are many other places available for churches
to rent and stated he is not in Favor of the changes recommended in tl~e staff report.
Mayor i~linzing stated the issue of not allowing church services in cit~T facilities was raised by
constituents She stated concerns with the current policy being able to meet equal access
issues and noted there was contact From some legal defense groups.
Counciltnember Moon stated he would life more research into this issue, He stated
churches shouldn't be allowed to use the facilities for Free for worship services,
Councilmember Zer-was noted l1e has been contacted by some groups who are requesting
that church services be allowed in all city facility use policies,
There was discussion on how much 50i(c~3 groups are using these two facilities,
Mt'. Beck noted that only the free usage disallows church services and that organizations
could always pay to use the facilities for worship services. He stated he could do more
research into the issue,
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO CONTINUE THIS ITEM TD THE AUGUST
17, 2U~9 COUNCIL MEETING IN ORDER TD OBTAIN CITY ATTORNEY
OPINION, MOTION CARRIED 5~0.
4. 0 en Mike
No one appeared For Qpen IVlike.
5.i, Consider Revocation of Conditional Use Permit for William Matthews Case No. CU 07-~5
Public .~Iea~z~z
Mr, Barnhart presented the staff report,
Mayor r~linzing opened the public hearing,
Bill Ma~thew~, property owner -Responded to each o£ the 1 G conditions he is required to
feet as outlined in a letter he submitted to Council,
Jim Parker, 19$30 NorFolk Street ~-Stated lae is very satisfied with the quality of work Mf.
Matthews performs at his business,
Rachael Smith, employee -Stated Mr'. Matthews has had a lot of personal diFf culties but
he wants to remain in the city. She asked Council to give Mr, Matthews a chance to tape care
of any outstanding issues.
City Council Minutes
June 15, 2009
Page 5
Bill Matthews Jr, --Stated concerns with the city sending a letter to the state that could
revoke their license to sell vehicles, He stated it would tape a year before the license could be
re-applied for through the state, He took responsibility for not responding to any of the
letters sent by the city to his home,
.Mindy ®lavariou.s, customer -- Stated Mr, Matthews does a wonderful job and is always
fair and noted his business would be a ttem.endous loss to the community,
Ryan Welinsl~i, aak Grove resident -- Stated lac has purchased many vehicles from Mr.
Matthews and that his company had been great to work with, He stated as anon-resident, he
brings his business to Elk River because of the service provided by Mr, Matthews,
Mike Jenson, 54 Auburn Place - Stated he is an employee of Mr, Matthews and he enjoys
being able to work and live to Elk River, He requested the conditional use permit be
extended.
Mayor I~linzing closed tl~e public hearing,
Mr, Barnhart noted Mr•. Matthews has taken initiative and shown a willingness to complete
the conditions outlined in the conditional use permit but stated if an extension is granted, it
could be a challenge completing some of the items in late fall or during the winter.
The Council strongly encouraged Mr. Matthews to complete the conditions that are required
in the conditional use permit,
Ma~'ED BY CC~UNC~LII~IEMBER WESTGAARD A.ND ~EC4NDED BY
CDUNC~LMEMBER GUMPHREY TD EXTEND CONDZT~QNAL PERMIT
CU 07~~5 T4 DCT4BER 3~, 2009 ~N DRDER TQ ALLDW MR. MATTHEWS TD
CGMPLETE ALL ~G CDND~T~GNS GF THE PERMIT, MGTZQN CARRIED
5-0,
Mt•, Beck noted if the applicant didn't come into compliance by Qctober 31, the Council
would need to schedule a revocation hearing and make findings for revocation.
Mayor Klinzing expressed sympathies to Mr, Matthews on the loss of his wife who was well
known and loved in tlae community.
5.2, Re uest b I~.nife River for Conditional Use Pernv.t to Amend Existin Permit to Allow
Washin ~ erasion Case No. CU 09-14 Public .I~earx,~
Ms, Haug presented the staff report
Mayor I~linzing opened the public hearing, There being no one to spear to this issue, Mayor
I~li.nzing closed the public hearing,
Mayor K.linzing requested to add the condition that the applicant needs to obtain a dater
Appropriations Permit from the Department of Natural Resources,
MD~ED BY CQUNCZLMEMBER WE~TGAARD AND SECQNDED BY
CDUNC~LMEMBER ZERWA.S TG AMEND THE CGNDIT~DNAL USE
City Council Minutes Page U
June 15, 2009
PERMIT FOR KNIFE RIVER, CASE N0. CU D9-~.4 WITH THE FOLLOWING
CONDITIONS:
1. ALL COMMENTS FROM THE MEMO DATED JUNE 4, 2009, FROM
MARK OLSON, LTESCH ASSOCIATES, INC. SHALL BE ADDRESSED,
2. A WATER APPROPRIATIONS PERMIT SHALL BE OBTAINED FROM
THE MTNNESOTA DEPARTMENT OF NATURAL RESOURCES,
MOTION CARRTED 5p0,
~,3, Re nest b Ci of EIk Rives fo~.• D~dinance Amendment to Land Use Re ulatians
Re a~din Massa e Tl~e~a in the DT Downtown District Case No. OA 0903 Publ~e
He--
Mi. Leesebefg presented the staff report
Mayor KJ.inzing opened the public hewing, Thee being no one to speak to this issue, Mayor
l~lixzzing closed the public hearing,
Cauncil~nembe~ Moon questioned whether sauna establishfraents should be deleted from
requiring a conditional use permit.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 09-05
AI~TENDING SECTION 3D~~.D2G ~~DOWNTOWN DISTRICT" OF THE CITY
CODE OF ORDTNANCES. MOTTON CARRIED 5e0.
5,4. Re uest b Ci of Elk Rtver to Amend the Ci of Elk River Land Use Re ulations Relatin
to Si s Includin 30-1' 30-851867.30-1022-102G~ 30-1292-1294' 30158 Case No, OA 09-
01
Mr, Leeseberg presented the staff report.
~'rivate .~ro~erty Sins
Tt was questioned if a permit was needed fot~ signs on private property,
Mr. Leeseberg stated a pe~.•mit would be required if the signs were greater than 4 square feet.
.I..ar~e ~.ot Si~n~
Mi, Leeseberg explained the proposed ordinance language which would allow a sign for
every 300 feet of street footage fox a single street, He stated the language would only allow
signage along one sheet at the applicants choosing,
Councilmember Mot~n and ~lestgaard expressed conce~.•ns With restricting the signage to
one s~.•eet and noted many businesses have corner lots which may need signage on both
Streets,
City Council M~.nutes Page 7
~u~ae ~5, ZoO~
Councilmember Zerwas stated he had no issues with allowing signage every 300 feet, He
stated other requests sllauld follow the variance process so Council could review on an
individual basis to determine what is best for the city,
Cauncilmember Morin stated the criteria for variances are not easy to meet, He suggested an
alternative of allowing stgnage 200/250 feet rntervals,
Councihne~nber Gumphrey concurred with Counciline~nber Zertivas and stated it would be
impossible to get the sign ordinances to work for ever~T business,
Mr, Barnhart stated tlae intent was to keep consistent with past practice. He stated signage
tends to lose its effect when there are too many,
~i~°ectional Si~na~e
Mr. Leeseberg noted directional signs are not regulated but can be 4 square feet.
Mr. Barnhart stated directional signs wouldn't be included in the total allowable signage
calculations for a property,
Commercial Cons~ructian and Real Estate Sims
Council. indicated tl~ey would like to allow these signs to be up to G4 square .foot in size,
MGVED BY CDUNCILMEMBER ZERV~IAS AND SECONDED BY
CCUNCILMEMBER wESTGAARD Ta APPROVE THE SIGN CHANGES
RECGIVIMENDED BY STAFF KITH THE FQLLDwING CHANGES:
1, CGMMERCIAL~BASED SIGNS CAN BE G4 SQUARE FEET.
2, LARGE LaT SIGNS SHALL NGT HAVE RESTRZCTIaNS LII~IITING
THE PRGPERTY FRQNTAGE TQ ONE SIDE,
3. THE REVISED RURAL BASED BUSINESS SZGNAGE GRDINANCE
SHALL REMAIN AS PROPGSED ZN THE STAFF REPORT,
MQTIGN CARRIED 5-0,
Councilmember Gumphrey thanked staff for a good job.
5.5. Re uest b Geor e Larson for Extension on Code Enforcement Issues Relatin to the
B owl.in~Alle~ at i 3.~ G ~,.,, Hwv 10
Mr, Barnlart presented the staff report. Mr, Larson was at the meeting but had no
comments,
Councilmember Gumphrey questioned if the new owner would be required to remedy these
nuisance issues if the property sold,
Mr, Becl~ stated yes that the issues would go with the sale of the property.
MGVED BY CGUNCZLMEMBER MUTIN AND SECONDED BY
CUUNCILMEMBER GUMPHREY TD APPROVE AN E~TENSI®N Ta
City Cauncl~ M~tautes Page g
June 1 a, 200
AUGUST 15, 2009 IN aRDER Ta ALLQW THE PROPERTY DWNER (]F 1311
HIGHWAY 10 TG COMPLETE THE NUISCANCE ISSUES GUTLINED IN
THE STAFF REPGRT, MOTION CARRIED 5~0,
~.~. Consider Bids for Self Contained Breatlun A aratus for Fire De artment
Mr, Simon presented the staff report prepared by Mr. Anderson,
Mr. Anderson discussed the process used to obtain the bids,
MOVED BY COUNCILII~EMBER GUMPHREYAND SECONDED BY
COUNCILMEMBER ZERWAS TU ACCEPT THE BID BY CLAREY'S SAFETY
EQUIPMENT, INC. IN THE AMOUNT DF $119,999 FOR THE PURCHASE DF
SELF~CONTAINED BREATHING APPARATUS. MOTION CARRIED 5-0.
7. ether Business
There was no ether Business.
$, Council, Updates
There Were no Council Updates.
9. Staff„Updates
9.i. Lea ue of Minnesota Cities 2009 Ci of Excellence Award for Pro'ect Conserve
Ms, Johnson informed Council that the city received a League of Minnesota Cities 2009 City
of Excellence award to the energy conservation category. Slae stated the item would come
back to Council for a formal presentation,
9.2. Review of Mn DQT's Plan far 202 Mill and Qverla Pro'ect includin Median Closures
Ms, Johnson reviewed the staff report,
Street Casure
Ms, Johnson noted Jackson Avenue between Main Street and Highway 10 would be closed
for a short time early one morning next weep for a planned crackftlli.ng street maintenance
prolect,
1 i .A~d'ouznment
There being no furtlaer business, Mayor i~linzing adjourned the meeting of the Elk River
City until at 8;20 .m.
f~
Tina Allard, City Clerk
~.
~. r.. z
~. .. ~ .
i
Steplaani I~in2ing, Maya ~`~