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08-17-2009 CCMMEETING aF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST 11, 2809 ,~ Members Present: Mayor Klirizing, Counciltnembers Zerwas, Mo~.n, ~estgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, Public forks Director Terry Maurer, City Attorney Peter Beck, Adnvnistrative Police Captain Bob 7~luntz, Finance Director Tim Simon, Environmental Administrator Rebecca Haug, and City Clerk Tina Allard Also Present: Planning Com~nl.ssioner Kevin Scott ~.. Call Meeting To Girder Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at G:3a p.m. by Mayor I~linzing. 2. Consider O8/I7/20o9 Agenda Councilme:mber Moon added Northstar Corridor Update to Gther Business. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY ' ~ COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA AS AMENDED. - ~ MOTION CARRIED 5-0. 3. Consider Consent Agenda ~, _.,, MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TG APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 AUGUST 10, 2009 COUNCIL MINUTES 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT 3.4. TEMPORARY 3.2 PERCENT MALT LIQUOR LICENSE T4 THE ELK RIVER LIONS AND TEMPOR.A.RY ONSALE LIQUOR LICENSE FOR A COMMUNITY EVENT TO MCCOY'S PUB FOR FIRE DEPARTMENT DANCE SCHEDULED AUGUST 29, 2009 3.5. ADJUST FACILITY USE POLICIES AT LIONS PARK CENTER, TROTT BROOK BARN, AND ELK RIVER LIBRARY AS OUTLINED IN THE STAFF REPQRT MOTION CARRIED 5-0. 4. Gen Mike No one appeared for Open Mike. ~/ City Council Miriut~s August 17, 2009 Page 2 5.~. Re uest b Elk River Communi A enc for Adna:~ni.stradve Subdivision b Sim le Plat jBaldwin Family Farm Additzon~, Case No_P 0~-03 - I'ublrc H'ea~r~~ Mr. Barnhart presented the staff report. Mayor T~Iin.zing opened the public hearing, There being no one to speak to this issue, Mayor 1~linzing continued the public hearing to September 2~, 2449. MOVED BY COUNC~LMEMBER wESTG.A.ARD AND SECONDED BY COUNC~LMEMBER MOTZN TG CONTrNUE THE PUBLIC HEARrNG FOR CASE NO. P 09-03 TO SEPTEMBER 21, 2049, MOTION CARRIED 5-0. 5.2. Re nest b Elk River Landfill Znc. for Land Use Amendment to Chan e the Land use of Certain Pro er fxom Minin to Landfill Public Heatr~ Continued from ul G -~ Case No. LU 09-0~ 5.3. Re nest b Elk River Landfill xnc. for Rezonin to Chan e the Zonin from A~ A icultural Conservation to SwF Surface waste Facili Public h~ea~r~z Continued from ul G - Case No. ZC 09-01 Ms. Johnson presented the staff report for these two items. She stated the EIk River Landfill requested a special worksession but city staff noted these items were in the middle of a public hearing and didn't feel it was appropriate to meet with the landfill until that hearing was closed. She stated the landfill asked fox additional time in order to present addid.onal information from the EJk River Landfdl but that city staff hadn't received any information until this afternoon and didn't have time to analyze it prior to this meeting. She stated that on numerous occasions, city staff has been trying to schedule meetings with the landfill without response. Mayor i~Jinzing re-opened the public hearing. Wayne Hanson, Director of Generation for Great River Energy spoke in favor of the resolutions before Council. He stated the continued operation of the landfill is important. John Keallas, representing ~ilaste Management -Stated there was a large gap between the landfill and the city's reports and he'd like to submit a report by Economist Richard Voith. He stated Dr. ~'oith could be available to attend a future Council meeting. He reviewed conceptual images for commercial property and screening that were different from their original proposal based on feedback they received at the last meeting. Mr. Keallas suggested creating an eco development that could be supplied by certain types of energy produced from the landfill. He stated he would like to meet with staff in two weeks and then witla Council at their next workshop meeting in four weeks. He apologized for getting the information to Cauncil so late. There being no one else to speak to this issue, Mayor ~~linzing closed the public hearing for both of these items. Councilmember Westgaard stated it is too difficult to make a decision when Council hasn't had time to review the new information provided. Mr. Beck stated the timeframe to act on this request due to the amount of new Iasi minute information provided, the staff time needed to review the data, and to make a presentation, to Council at a worksession would be very fight and would only give the° Council a week to act on the information presented to them. He suggested a condition to the landfill for City Council ll~inutes August 17, 2009 Page 3 agreeing to a worksession meeting could be a request for a written extension of the time the city must act upon these two items. He noted the economists report is very lengthy and will ~~ take time to analyze and digest, He stated a question that has been raised with this additional information is whether this is essentially the same proposal ox outside the bounds of the original application. He stated past pity protocol for amendments to an application that generally does not increase the level of development are okay to address within the pending application. He further stated it would be appropriate to give the public another opportunity to review and speak on this new information, Councilmember Westgaard stated he was not interested in constantly extending this application but noted it is not a decision to take lightly due to its impacts to the community. He expressed concerns with new information constantly coming in from the landfill and not having a final plan. He suggested having the workshop on September 14 and for Council to make a decision at the September 21 meeting. Mr. l~.aellas stated the report is done as of tonight and available to Council to generate ideas. Councilmember Zerwas stated changing the footprint affects more than the conditional use permit portion of the application. He stated for him it goes to the heart of the land use decision. He stated his concerns were for the economic impacts of the request and this seems to be one attempt to address one phase. He stated his concern is getting this new proposal so late in the process. He has no issue with moving forward to a worksession but he said i~ a month he doesn't want the landfill to come back with another set of proposals at the meeting. He stated the Landfill needs to meet with city staff so the city can get the actual final proposal, He stated these last minute changes without staff review are very { frustrating. Councilmembex Gumphrey questioned the landfill regarding how long they have been planning this project. Mr. r~aellas stated 2001. Councilmember Gumphrey stated the landfill has had $ years to prepare this and it is ridiculous that they are coming up with these last minute change requests. He stated he was ready to address this request tonight. Mr. I~.aellas stated Waste Management is trying to be responsive to the needs of the community that were expressed at the public hearing and to address some of the issues that were raised. Councilmember Gumphrey stated the landfill has been planning this for S years but has only been listening to input at the last two meetings, which should have been done at the very beginning of their study in 2001. Councilmember Zerwas stated he appreciates the landfill hying to be flexible and receptive to the community but his main concern is the recent communication issues between the city and landfill. staff who both need to get together with a final plan that Council can review at the worksession, J City Counr~i M~i,utes Page 4 August ~7, 209 Mr. Z~aellas stated they are ready tv meet with staff now that the public hearing is closed. He stated the landfill has held about a dozen open houses that weren't well attended and they have tried to get the input of the community. Councilmember Moon concurred with Councilmember Zerwas and wants to see a final plan. He stated he could understand the landfill's reasoning for listening at the hearings and changing their plans. He ques~oned if the consultants will get a chance to seethe plan. Ms. Johnson stated the c:ity's consultants could look at the additional data. She noted the information is lengthy and a thorough analysts, which maybe diff cult to complete by September 14, is needed. Councilmember Moon stated the original request was to-change the designation of X49 acres of land to landfill. He questioned if the city can approve the land designation change for only 75 acres ~ new landfall. proposal} or if the entire 149 acres has to be approved. Mr. Beck suggested the application could be amended so the landfill is only rezoning the portion that will be used for landfall. He stated the Council could make it a condition for approval also. Mr. Beck stated he is concerned about the tuning for Council decision and he questioned if the Council would like the Planning Commission to review the request again due to the number of changes made by the applicant. MOPED BY COUNCILMEMBER WESTGAA.R.D AND SECONDED BY COUNCILMEMBER MOTIN FAR STAFF TO HAVE A RECOMMENDATION TO COUNCIL BY SEPTEMBER S, THE COUNCIL TO DISCUSS THESE Two ITEMS AT THE SEPTEMBER 14 wORKSESSION, COUNCIL DECISION TO BE MADE AT THE SEPTEMBER 21, X009 COUNCIL MEETING, AND THAT THE PLANNING COMMISSION BE INVITED TO ATTEND THE WORKSESSION MEETING. MOTION CARRIED 5w0. Mr. Beck stated these items will be re-noticed and republished in order to give the public its due process right to comment. Councilmember Zerwas stated the public hearing will be on September 21 but that the public ~s invited to attend the September 14 worksession meeting as it is an open. meeting. Mr. Beck further stated the city will take written comments at anytime and will be added to the record. 5,4. Re nest b Deb Unruh and Tim Marchiavava for a Conditional Use Permit for a Private Fennel Case No. CU 09-~7 -Public Hearrr~ Mr. Leeseberg presented the staff report Mayor I~.inzing opened the public hearing. There being no one to speak to this issue, Mayor I~Iinzing closed the public hear~.g. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZER'~AS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 09-17 WITH THE FOLLOWING CONDITIONS: 1. NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING OR SELLING SHALL BE ALLOWED. City Council Mnutes ~ Page 5 August ~ 7, 2009 2. THE PRIVATE KENNEL SHALL BE LIMITED TO FIVE ~5}DOGS OVER THE AGE OF G MONTHS. ADDITIONAL DOGS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9. 4. THE APPLICANT SHALL RECENE A PRIVATE KENNEL LICENSE FROM THE CITY COUNCIL. 5. ALL DOGS MUST BE LICENSED AND VACCINATED. MOTION CARRIED 5-0. 5.4.A. Consider Private Fennel License for Tim Marchiafava and Deb Unruh MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A PRNATE KENNEL LICENSE TO TIM MARCHIAFAVA AND DEB UNRUH. MOTION CARRIED 5-0. 5.5. Re nest b Ci of Elk River fox Ordinance Amendment Relatin to Restaurants Case No. OA 09-05 - I'ublrc H'ea~rr~ Mx. Barnhart presented the staff report. Mayor I~lin.zing opened the public hearing. There being no one to speak to d~:is issue, Mayor I~.nzing closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY "~~~` COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 09-07 {~,, AMENDING SECTIONS 30-x.024 AND 30-1025 OF THE CITY CODE OF ORDINANCES RELATING TO RESTUARA.NTS. MOTION CARRIED 5-0. 5.G. Co~.sider Focus Area Stud~West Side Proposal Mr. Barnhart presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ACCEPT HKGI'S PROPOSAL AS PROVIDED IN THE STAFF REPORT IN ORDER TO COMPLETE A LAND USE PLAN FOR THE WEST SIDE OF HIGHWAY 1U. Councilmember Motin stated concerns with including the west side of Highway 1o into the Focus Area Study. He stated the parcel should be considered independently and didn't feel the city should spend X40,000 when it's clear that each piece doesn't interact well together. He stated he would like to focus on the anginal pxo~ect away from the river. Councilmember Gumphxey stated he believes the east side will affect the west side of Highway 10 and should be included. CounciJ.member Westgaard concurred with Councilmember Gumphrey but questioned if there was a need for an outside consultant. Mr. Barnhart stated it is best to have an outside consultant involved to assist staff with ~ remaining neutral and looking at the big picture, especially fox projects that maybe controversial with property owners. City Council Mi~,utes Page G August 17, 2009 Councilmember Zerwas concurred with Councilmember Gumphrey. Councilmember Morin questioned if Phase 2 will actually be Phase 2 and 3 and will take :~.to account the next 2Q years that 17151 and 1G5~ Avenue will remain with access. He questioned what happens when the interchange near 1G5th is complete and the acess at 17151 will be removed. He noted growth would be different when the interchange comes through and this study will need to take this into account. Bruce Chamberlain, HKGi, stated it can be a dance to ~ and plan for the short and long- term future. He stated it is challenging to plain land uses for both. He stated the first stage of this is to get everyone on the same page for the outcome. Mayor I~linzing stated the Council needs to be advocates for local business owners and wasn't sure the Mn/DGT mill. and overlay project was going to f t the needs of this loca~.on. Councilmember Motin questioned how the funding for this project would be provided. Ms. Johnson stated the Economic Development Authority paid for the first study and the Council could request they pay for this one. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY CDUNCILMEMBER ZERWAS TD AMEND THEIR ORIGINAL MOTION TD ADD A REQUEST THAT THE ECONOMIC DEVELOPMENT AUTHORITY FUND THE HI~GI PROPOSAL IN THE AMOUNT OF $40,000. MOTION CARRIED 5-0. 6.1. ~lindsor Meadows Feasibility Stud Mx. Maurer presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT THE FOLLOWING RESOLUTIONS: RESOLUTION 09-39 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE WINDSOR MEADOWS FINAL LIFT OF BITUMINOUS AND OTHER ANCILL.A.RY ITEMS IMPROVEMENT OF ZOU9. RESOLUTION 09-40 RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE WINDSOR MEADOWS FINAL LIFT GF BITUMINOUS AND OTHER ANCILLARY ITEMS IMPROVEMENT GF 2009. RESOLUTION 09-41. DETERMINING ASSESSED COST OF THE IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE WINDSOR MEADOWS FINAL LIFT OF BITUMINOUS AND OTHER ANCILLARY ITEMS IMPROVEMENT OF 2009. MOTION CARRIED 5-0. } _~ City Council Minutes Page 7 August ~ 7, 20a~ G.2. Consider Fleet Purchases far Street Division ~~ Mr. Maurer resented the staff re ort. p p MOVED BY COUNCILMEMBER wESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE PURCHASE OF THE EQUIPMENT OUTLINED IN THE STAFF REPORT, MOTION CARRIED 5-0. 7.I. Consider Da~,~e~ous Doi Ordinance and Summary Publication of the ordinance Mr. I~luntz presented the staff report. Mr. Beck explained how this ordinance differentiated from state law. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER wESTGAARD TO ADOPT ORDINANCE 09w08 AMENDING CHAPTER ~.0 OF THE ELK RNER CITY CODE OF ORDINANCES TO REGULATE DANGEROUS AND POTENTIALL DANGEROUS DOGS. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 09-42 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 09-D8 AN ORDINANCE AMENDING CHAPTER I.0 OF THE ELK RIVER CITY CODE TO REGULATE DANGEROUS AND POTENTIALLY DANGEROUS DOGS. MOTION CARRIED 5~D. __~ 7.2. Consider Private Fennel License -Rebecca Krause Ms, Allard presented the staff report. She noted an additional condition that could be added to the license is certificate of liability insurance. She further noted she received a call today from a resident on Lander Street who couldn't be at the meeting who wanted to express his opposition to this license due to safety concerns. Councilmember Zerwas questioned the insurance limits. Ms. Allard stated minimum limits on some licenses are at $300,000 but that she would check with the city's insurance advisor to determine what would be appropriate. Ms. Johnson stated the city's insurance limits for individuals and businesses requesting licenses and special permits are set at ~i million. Mayor I~inzing stated she was concerned about the dag bites with the potentially dangerous dog, the barking dogs, and the number of dogs. She stated the applicant has been out of compliance for some time and should have known there was a kennel ordinance requirement in the city. Councilmember westgaard questioned the applicant if the dogs were pets and if she had a chance to review and understand the conditions that were proposed by staff Applicant Rebecca Krause stated yes to both questions. 4 City Council Minutes Page $ August 17, 2009 He further warned her that if this request was approved that she would be watched closely by all her neighbors and it would be up to her to demonstrate to them that she needs to -follow the ordinance and conditions of the license. Nancy Krause, applicant's mother, explained how a person was bit by the Doberman pincher Marlie. She stated the S dogs at her house was a temporary situation as her daughter would hopefully be mov~n.g soon and taking G of the dogs with her. Councilmember Morin disclosed that the I~rause's were clients of his but there was no conflict of interest regarding this item. He stated he was hesitant to approve a kennel license for 8 dogs and suggested a ]unit of G, Lori Dubai,19350Lander Street ~- Stated the noise from the animals is a nuisance, Chief Beahen read the nuisance ordinances :regarding barking dogs. Mr. Beck stated violation of the ordinances could be grounds for revocation of the license but that the standard spelled out in the ordinance hadn't been met. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO DENY A PRIVATE KENNEL LICENSE TO REBECCA KRAUSE. Mr. Beck noted that staff wall need direction on drafting a resolution with findings if the Counra~. wished to deny this license, He noted the finding regarding the applicant being unlicensed for such a long period of tame, the number of dogs, and complaints received in the past and tonight, MOPED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO AMEND THE ORGINAL MOTION BY DIRECTING STAFF TO PREPARE A RESOLUTION FOR DENIAL. Council~member Morin questioned the impact of the denial Mr. Beck stated the applicant had a right to appeal this request in court, The applicant questioned the timeframe that the dogs needed to be removed, Mr. Beck suggested setting the ti:meframe in the resolution. Walter Krause, applicant's father ~-Stated the reason they have so many dogs is because people drop them off in their neighborhood. He stated there are other dogs a.n the neighborhood and questioned how they know whose dog is barking when there is a complaint to the police. Mayor Z~zing noted that city community service officers collect stray dogs in the city. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO AMEND THEIR MOTION TO ALLOW THE APPLICANT 34 DAYS TO COMPLY WITH LIMITING THEIR DOGS TO THREE. City Council Minutes Page 9 August ~7, 2009 Roger Fearing, X93$7 Ogden Street -Stated 8 dogs were too many and the dogs are barking ~ all the tune. r Counc~lmember Mottn stated he would vote against this motion because the Council made changes tonight with the dangerous dog ordinance to address some of the issues discussed. He agreed that there should be a smaller limit on the number of dogs allowed. He stated he didn't believe they knowingly violated the ordinance regarding needing a kennel license. MOTION CARRIED 4-1. Councilmember Motu. opposed. Council directed staff to amend the kennel ordinance to not allow private kennel licenses to dogs declared dangerous or potentially dangerous and to set a limit on the number of dogs that are allowed with a private fennel license. 7.3. Authorize Hirin of Fire Chief Candidate - T. ohn Cunnin ham Ms. Johnson presented the staff report. MQVED BY C~UNCILMEMBER zERWAS AND SECONDED BY CDUNCILMEMBER wESTGAARD TG AUTHQRI~E THE HIRING CF T, JOHN CUNNINGHAM FQR THE PCSITICN GF FIRE CHIEF wITH PAY AND BENEFITS AS OUTLINED IN THE STAFF REPORT, M4TrDN CARRIED 5-a. 8. Other Busines s '-~~ ~arthstdr Corridor Update f~ ` _~ Councilmember Moon stated there was discussion at the last Northstar Corridor Committee meeting regarding the Phase II commuter bus service between Big Lake and St. Cloud. He stated there will be an upcoming public hearing regarding the pricing structure. 9. Council Updates There were no Council Updates. ~0. Staff Updates ~. There were no Staff Updates. I I. Ad'ournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River Ci Council at 8:1.0 p.m. ~~ Tina Allard, Ci ~lerk Steph 'e Klinzing, May