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07-20-2009 CCMETI F T'E ELK ~Y CITY I~~L DEL °T T'E ELK ~~ C~T°Y LL IN UL24, X409 Members Present; Mayor I~linzing, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present. CitSr Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Public ~~lorks Director Terry Maurer, Finance Director Trim Simon, Street Superintendent Phil Hals, Accountant Lori Stich, and Recording Secretary Je55l.Ca Mdler Also Present: Planning Commissioner Troy Ives 1. Call Meetin To order Pursuant to due call and notice thereof, the meeting of the Ells River City Council was called to order at 6;3o p.m. by Mayor I~1in2ing, 2, Consider o7 20.2~Q9_Agenda "' Request by Elk River Landfill was added under Other Business. ~' Item G.3. was removed from the agenda as it was approved by the Board of Adjus~.nents and does not require Council action. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TG APPROVE THE AGENDA AS AMENDED, MOTION CARRIED 5-0. 3, Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY .AND SECONDED BY CDUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 JULY I3, 2009 COUNCIL WORI~SESSION MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN STAFF REPORT. 3.3. PAY ESTIMATES AS OUTLINED IN STAFF REPORT, 3,4. LEASE RENEWAL WITH ELI RIVER AREA CHAMBER OF COMMERCE. 3.5. SIGN REGULATIONS ORDINANCE Q9~QG Ali4ENDING CERTAIN SECTIONS WITHIN CHAPTER 30 OF THE CITY DF ELI RIVER CODE GF ORDINANCES PERTAINING TO SIGNS RESOLUTION 09-32 APPROVING NOTICE OF SUMMARY' I'UI3LICATION OF ORDINANCE 09-OG AN ORDINANCE City Council I1~inutes Jul~r 20, 2009 Page 2 AMENDING CERTAIN SECTIONS WITHIN CHAPTER 30 OF THE CITY OF ELI RIVER CODE (~F ORDIN.ANCES PERTAININGTO SIGNS. MOTION CARRIED 5-0. 4. 0 en Mike No one appeared for Open Mike. S.I, LEED Pla ue Presentation for Libras b Green Buildin Council This item has tentatively been rescheduled for the August 3, 2009 meeting, G.I, Re nest b Tim eanetta for Conditional Use Permit for Class II Restaurant in DT Downtown District Sweet P's Ice Cream and Candies Inc. Case No. CU 09-IG -~ P~bl~e I~earrt~ Mr. Barnhart presented tla.e staff report, Mayor I~linzing opened the public laearing. There being no one to speak to this issue, Mayor I~J.in~ing closed the public hearing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY CoUNCILMEMBER GUMPI-TREY To APPROVE THE REQUEST BY TIM JEANETTA FUR CONDITIONAL USE PERMIT FQR CLASS II RESTAURANT IN DT DOWNTOWN DrSTRICT SWEET P'S ICE CREAM AND CANDIES, INC.} 707 MAIN STREET 'WITH THE FQLLOWI~1'G CONDITIONS; ~., AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE BUILDING SHALL C®MPLY WITH ALL BUILDING AND FIRE CODES. 3. ONE WALL AND ONE PROJECTING SIGN SHALL BE ALLO'I~ED ON THE PRIMARY FACADE. 4. ONE WALL AND ONE PROJECTING SIGN SHALL BE ALLD'~1ED ON THE SECONDARY FACADE. 5. SIGN PERMITS SHALL BE REQUIRED FH E~TERIDR SIGNAGE. G. ANY ISSUES INDICATED IN THE MEMO FROM THE MDH PLAN REVIEW, DATED JUNE 2G, 2009, SHALL BE ADDRESSED. MOTION CARRIED 5-0. G.2. Re uest b Daniel O'Bresk for Conditional Use Permit for Class II Restaurant Subwa Case No. CU 09-15 w Public Hea.~~,~ Mr. Barnhart presented the staff report, Mayor I~linzing opened tlae public hearing, City Councii Minutes ~uly 20, 2009 Page 3 Dan1e1O'Bresky, applicant, 4900 Highway 1G9 N, Minneapolis -explained that the drive tlaru is curbed and ready to go; however, he does not plan to utilize it until the restaurant business warrants its use. There being no one else to speak to this issue, Mayor I~iinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TD APPROVE THE REQUEST BY DANIEL O'BRESIiY ~- ELI RIVER SUBS, INC. FOR A CONDITIONAL USE PERMIT FOR CLASS II RESTAURANT SUBWAY}, I3501 BUSINESS CENTER DRIVE WITI~I THE FOLLOWING CONDITIONS: ~. AS A CONDITIONAL USE PERMIT IS NDT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FDR ALL REQUIRED PERMITS. Z. THE BUILDING SMALL COMPLY WITH ALL BUILDING AND FIRE CODES, 3. ONLY TWO WALL SIGNS ARE ALLGWED AND PERMITS SHALL BE REQUIRED FOR EXTERIOR SIGNAGE. 4. A FUTURE DRIVE-THRU SHALL BE ALLOWED AS LONG AS IT IS CONSISTENT WITH THE SITE PLAN AS SHOWN ON' THE DRAWINGS DATED 5/2G/~9. MOTION CARRIED 5-0. G.4. Re nest b Elk River Co~nmuni l A enc for Administrative Subdivision b Sim le Plat aldwin Famil r Farm Addition Case No. P 09-03 - Prxbl~c Heatz~z Mr. Barnhart presented the staff report. Mayor Klinzing opened and continued the public hearing to August 17, 2009, MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THE REQUEST BY ELR RIVER COMMUNITY AGENCY FOR ADMINISTRATIVE SUBDIVISION BY SIMPLE PLAT ~BALDWIN FAMILY FARM ADDITION}, CASE NO. P U9_I3 TO AUGUST 17 AS REQUESTED BY THE APPLICANT. MOTION CARRIED 5-0. G.~, Re uest b Ci o£ Elk River for Ordinance Amendment Relatin to Wind Turbines Case No. DA 09-04 - Pr~b.lze Hea,~x~ The staff report was presented by Mr. Barnhart. He indicated that the Planning Commission met earlier this e~Tening and offered the following comments; Prefer to limit to one wind turbine per lot Design consistency Want to better understand tl~e tSTpe of engineering that must be approved Mayor I~linzing opened the public hearing, There being no one to speak to this issue, Mayor I~linzing closed the public hearing. Mr. Barnhart indicated that staff will address the issues raised and return for Council approval, City Council Minutes July zo, X009 Page 4 7.1. Norfolk Morton Lowell rein Avenues Street Im xovement Pro'ect - Itn .roVeme~rt at~aC Assesstne~zt Pub~lrc Hearxn~s Mr. Maurer presented the staff report. He indicated that one appeal has been received, Mayor Z~li.nzing opened tlae public hearing. Ralph Donais, 90G Lookout Place --would lil~e a longer period in which to prepay the assessment before interest accrues. Also stated that vehicles froxn Breuer Construction axe constantl~r turning around in his driveway and lae feels they should be assessed for the road as well. Mx. Maurer indicated that assessments can be deferred in certain circumstances and suggested that Mr, Donais contact the finance department for additional information, Reed Gist,1011 Main St -- questioned if lae would be double assessed for this project and the Main Street reclamation, Mx. Maurer explained that he would not be double assessed and that he would either be included in this project or the Main Street reclamation, not both, There being no one else to speak to this issue, Mayor Klinzing closed the public hearing, Councdmember Morin indicated it would be more appropriate for the properties on Main Street to be assessed for the Main Street reclamation rather than this project, Councilme~-nber Gumphxey indicated lae cannot support these projects during the difficult econo~xuc tames. Mayor Kls.nzing explained she lags been opposed to this project all along but because of overwhelming neighborhood support and the great project cost she will support it. A. Resolution U~deri~~Zm xovement MOVED BY CoUNCILMENII3ER ZERWAS AND SEC®NDED I3Y CoUNCILMEI~IBER MoTIN T®ADOPT RESOLUTION 0933 ORDERING THE IMPROVEMENT IN THE MATTER of THE NORFOLK, MORTON, LQWELL, KING AVENUES AREA STREET IMPROVEMENT of 2009. MOTION CARRIED 4-1. Councilmember Gunaplaxey opposed. B. Resolution Ado tin Assessment Roll MOVED BY CoUNCILMEMBER MoTIN AND SECONDEI] BY CoUNCILMEMBER WESTGAA.RD To ADOPT RESOLUTION 09-34 ADOPTING FINAL ASSESSMENT R®LL IN THE MATTER of TH]E NORFOLK, MORTON, Lo'G~ELL, RING AVENUES STREET IMPROVEMENT of X009 .AT X3,750 PER RESIDENTIAL UNIT AND E~.CLUDING THE SIB PROPERTIES FACING MAIN STREET. MOTION CARRIED 4-1. Councilmember Gumphxey opposed. Ms. ~olanson noted that tlae objection received is one of tlae properties on Main Street that is being removed from this assessment roll, Czty Council Minutes ~u~y za, ~aa~ C. Resolution Acce~tin~ Bid Page 5 MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 09-35 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE NORFOLK, MoRToN, LO'L~ELL, KING AVENUES STREET IMPROVEMENT OF 2049. MOTION CARRIED 4-I. Counc:il~.nember Gumphrey opposed. Mr. Maurer indicated float floe next step is to send out the contracts and hold pre- construction meetings. He noted that floe residents should receive a mailing in about two weeks outlining the work schedule and contact in:~orma~on. Ms. ~ol~nson noted that the assessment time~rame is set by state statute and cannot be extended but deferrals can be made based on certain criteria. She urged residents to contact the finance department i~ they have questions on this. 7.2. Resolution A rovin the Plans and 5 ecifications and Orderin the Advertisement for Bids in the Matter of the Main Street owell Avenue to Orono Parkwa Bituminous Reclamation Zm~toveinent o~ 2009 Mr. Maurer presented floe sta~:F report. Zt was tl~e consensus of the Council to bold o~~ making a decision on this project until after budget discussions are finished. An~~.ual Street and_P~rl~ng Lot Sea~coatin~ Program 7.3. Mr. Maurer presented the staff report. MOVED BY COUNCILMEMBER'~ESTGAARD AND SECONDED BY. COUNCILMEMBER GUMPHREY TO APPROVE THE BID FROM NU- SURFACE COMPANY FOR SEALCOATING CITY PARKING L®TS AND FROM CALD'~ELL ASPHALT COMPANY FOR SEALCOATING CITY STREETS. MOTION CARRIED 5-0. 7.4. Resolution Acce tin Bid and Authorizin Execution of Contract in the Matter of the Great Northern Trail Bituminous Paving Praieet Staff report presented by Mr. Maurer. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY To ADOPT RES®LUTION 49-3G .ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF TI.3E GREAT NORTHERN TRAIL BITUMINIOUS PAVING PROJECT, MOTION CARRIED 5-0. . . 7.. ~__ 3r__ _ uenue___pee L~ms.~ a~n Sto.~.Szgn Dzscusszon Mr, Maurer presented the staff ~:eport. City Council Minutes July 20, 2009 Page ~ Joe G~owacki,11024192nd Circle ~ would like an all-way stop sign installed at 193rd Avenue/Xavier because there is a large amount of pedestrian traffic. He explained he doesn't believe the intersection is safe without t11e all-way stop sign. He Invited Counci.l~ne~nber Morin and Mayor I~linzing to come observe the pedestrian traffic once the construction is cofnpleted. Mr, Maurer explained the criteria for an all-way stop and for t11e MnDOT traffic study. He added that the cit~r will monitor the 193rd Avenue corridor relative to traffic volumes and pedestrian usage, $.1, Discussion on 2010 Benefit Level for Elk River Fixe Relief Association Mr. Siman presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER wESTGAARD TO APPROVE THE X5,091 BENEFIT LEVEL PER YEAR OF SERVICE F®R THE ELK RIVER FIRE RELIEF ASS®cIATION FoR 2o1U. it was noted this is a budgeted item and does not .require formal action. Ms, Johnson added that tlae benefit level remains tlae same until the Council increases it. Couneilmefnber Gumphrey withdrew his motia~, $.2, Authorization to Purchase Truck for Parks and Recreation De artment Mr. Simon presented the staff report, MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER wESTGAARD TO AUTHORIZE THE PURCHASE OF A Zo09 CHEVY 2500 PICKUP AND PLOW AS OUTLINED IN THE STAFF REPORT. MOTION' CARRIED 5~0. 9. Other Business Ms. Johnson distributed a letter from the Elk River landfill dated July 15, 2009 requesting a workshop with the Council to discuss issues related to the landfill's southern development area prior to the already scheduled August 17 Council meeting. She stated the public hearing was continued to the August 17 meeting, therefore, legal input is requested before scheduling a workshop. She further stated the desire to notify the public of any meetings at which the current landfill application will be discussed, It was noted that budget discussions are scheduled .for tlae August 10 worksessian. The Council agreed to meet in worksession after the regular meeting on August 3 to discuss the budget. Ms. Johnson will confer with Cite Attorney Peter Beck on the landfill request and report back to the Council at the August 3 meeting. 10. Council Updates ~~, There were no Council updates, City Council Minutes Page 7 ~u.ly 20, 2009 11. Staff Updates There were no staff updates, 12. Adiournment There being no further business, Mayor Klin~ing adjourned the meeting o~ the Elk River City Council at 5.~0 p.m. Minutes repared by Je s~ca Miller. ~-, Tina Allard, City Clerk 4, a ~ .m ~ ,... Stephanie I~linzing, Mayor