09-21-2009 CCMTI F TH LK I CITY ~JIL
L T TH ELK I CITY H LL
Y, T ~ I, 2009
Members Present. Mayor Klinzing, Councilmembers Zerwas, Motin ~G;3Z p,m,~, westgaard,
and Gumphrey
Members Absent, None
Staff Present: City Administrator Lori Johnson, Finance Dzrector Tim Simon, City
Attorney Peter Beck, Planning Manager Jeremy Barnhart, Park Planner
Chris Leeseberg, Public works Director Terry Maurer, Environmental
Administrator Rebecca Haug and Recording Secretary Jennifer Johnson
Also Present: Planning Commissioner Dana Anderson
~, Call Meetin To order
Pursuant to due call and notice thereof, tlae meeting of the Elk River City Council was called
to order at G;30 p.m, by Mayor I~linzing.
Z. Co~sidez~ 092,1 X2009, Agenda
_.~.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEIVIBER WESTGAARD TOAPPROVE THE AGENDA. MOTION
CARRIED 4~0.
3. Consider Consent A enda
Mayor Z~li.nzing requested item 3.4, be removed from the consent agenda for discussion.
MOVED BY COUNCILMEMBER GUMPHREY AND SEC®NDED BY
COUNCILMEMBER wESTGAARD TD APPROVE THE FOLLOWING
CONSENT AGENDA;
3.1 CHECK REGISTER
3.2, PAY ESTIMATES
3.3, RESOLUTION 09-4~ ACI~NOwLEDGING CONTRIBUTIONS FROM
EDDY FOUNDATION
3.5. RESOLUTION 09-49 REQUESTING MNDOT PERFORM SPEED
STUDIES
MOTION CARRIED 4p0.
3.4, PRIVATE I~.ENNEL LICENSE -- LAURA HESS-ULMAN AND DAVID
ULMAN
Mayor I~lin~ing asked if anyone in the audience wished to comment on this matter.
No one requested to speak,
MOVED BY MAYOR RLINZING AND SECONDED BY COUNCILMEMBER
WESTGAARD TO APPROVE THE PRIVATE FENNEL LICENSE FOR LAURA.
City Council Minutes
September 2I, 2009
Page 2
HESS-ULMAN AND DAVID ULMAN AS OUTLINED IN THE STAFF
REPORT. I~DTIDN CARRIED 5-0.
4. ~ en Mike
Chuck Brower, I I475 --17th Avenue NUJ, would like to raise 12 chickens on his 3 ~/~ acres
of property. He felt Elk River's permitting process was too expensive and requested t11e
Council consider a different permitting process, similar to the City of Minneapolis' small
animal permit process, which is an annual fee of X30, along with an application process that
included the approval of 8d% of the neighboring properties.
Mr. Barnhart indicated Elk River's small animal licensing procedures require the conditional
use permit process, which notifies neighboring properties of the request and requires a
public hearing for input.
After some discussion, Council directed staff to zeview Elk River's current chicken
permitting procedures.
S.I. Re uest b Elk River Communi A enc for Administrative Subdivision b Sim le Plat
aldwin Famil Farm Addition Case No. P 0903 -~ P~bl~c Hea~xn
Mr. Barnhart presented the staff report,
Mayor Klinzing opened the public hearing. There being no one there to speak, she closed
the public hearing.
Mr, Barnhart requested rescheduling the public hearing to October I9, 2009, stating he will
re~send notices.
I~IDVED BY CDUNCILI~EIl~BER WESTGAARD AND SECC]NDED BY
CUUNCILIlZEIVIBER GUl~IPHREY T®E~TEND THE REQUEST BY ELK
RIVER COMMUNITY AGENCY FDR ADIl~INISTRATIVE SUBDIVISI®N BY
SIMPLE PLAT ~BALDWIN FAMILY FARMADDITIaN} TD OCTOBER I9,
2009, ME]TIDN CARRIED 5-0.
5.2. Re uest b ohn Fahe for a Conditional Use Permit fox a Commercial Fennel Case No,
CU 09MI8 ~- Pu,blrc ~Iear~.~
5.2.A. Commercial Fennel License
Mr. Leeseberg presented the staff report,
Mayor Klinzing opened the public hearing.
Donna Goskey, 9830 - 2I3rh Avenue, expressed concerns with a kennel being located near
her home and requested the council ]unit the number of dogs on the property to three.
Jahn Fahey, 9G30 - 2I3rh Avenue, the applicant, stated he will be raising Labrador
retrievers and golden retrievers.
Kim Meyer, 9030 - 213th Avenue, the applicant, stated the animals will be raised among
family members, treating them as if they were their own pets, She stated the latest the dogs
would be let out in the evening would be between 9 and IO p.m.
Dennis Drewes, 21200 Jarvis Street, is an adjacent property owner whose house is 100
yards away. He expressed concerns with the previous property owner leaving the property
City Council Minutes
September 2~, 2009
Page 3
with horse waste and a lack of grass. He currently hears the dogs that live on the property
and is concerned about the increased barking if more animals are approved, including
puppies,
Mr. Fahey addressed tlae concerns with the remaining horse waste on his property and
stated he was working on cleaning tt up. He stated they pick up dog waste on a daily or every
other day basis.
Ms. Meyer stated tlae puppies would be housed in an indoor nursery unless she is cleaning
the kennels, when the puppies would be outside for a short period of time.
Mayor 1~inzing closed the public hearing.
Councilmember Gumphrey asked how many dogs the Planning Commission agreed upon
and if any calls were made to law enforcement about vicious or dangerous dogs.
Mr. Leeseberg stated the Planning Commission approved ten dogs and to his knowledge, no
calls regarding dangerous or vicious dogs have been made to the property,
Councilmember Moon asked at what age the dogs were sold
Mr. Fahey stated the puppies would be sold at ten weeks of age, This is due to their puppy
return policy, which allows the kennel enough space should an adoptive party change their
mind and return the puppy to tlae kennel. He thought they would have between five-eight
females being bred atone time, which would allow fot• health certification of the animal's
hips in future female breeding dogs,
Mr. Drewes reMapproached the Council and asked if the ten adult dogs wishing to be
approved included up to 50 puppies. He also asked for clarification of where the kennel and
nursery were located, as he thought they were in the house and basement.
Mx. Leeseberg clarif ed that there will be an indoor heated nursery, which is Located
underneath an existing garage with attached fencing for outdoor kennel space; in addition, a
detached pole shed will provide shelter for adult dogs with attached outdoor fencing.
Mayor r~linzing asked how far away the nearest property would be.
Mr. Leeseberg stated the nearest house is approximately 145' away from the outdoor
fencing,
Mayor 1~i.nzing asked if the proposed fencing could be moved.
Mr. Leeseberg stated the proposed fencing is currently in place from the previous owners,
but could be moved.
Mr. Drewes stated if the fencing was moved to the other side of the property, it would be in
the applicant's :Front yard.
Jerry k-~endrieks, 21144 Twin Lakes Road, stated his property, a 20 acre hobby farm, is
next to the applicant and suggested the fencing be put behind the building which was part of
the previous owner's existing horse area.
City Caunei.l Minutes
September 2~, 209
Page 4
Mayor Kl.inzing suggested the fencing and position of the pose shed be reconfigured so as to
have tlae least amount of impact on the adjoining properties. Mayor I~l.inzing outlined the
conditions of the permit and felt they were very well restricted. She would like to see eight
animals instead of ten over the age of six months. She would also like to see the kennel
fencing moved to the opposite side of the building, closest to their home.
Councilmember ~Iestgaard asked if any ordinances are violated by moving the fence and
moving the use to the .front yard,
Mr. Barnhart stated the applicant would need to follow any setback rules but no ordinances
would be violated.
Mr. Beck asked Mr. Leeseberg to draw on the map for the audience and Council to clarify
he location of where the fencing should be moved.
Another member of the audience stated to the Council that if the fence was moved to this
new p~•oposed location, then his property would be now be affected.
After further discussion among council members, Mr. Beck, and staff, it was determined to
add an 11t~1 condition to the conditional use per~ntt requiring the outdoor kennel space to be
located at least 25~ feet from any principal structure on any neighboring properties.
COVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TD APPROVE THE REQUEST BY JOHN
FAHEY FaR A CONDITIONAL USE PERMIT FOR A COMMERCIAL
KENNEL WITH THE FOLLOWING CONDITIONS:
1, AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,
THE APPLICANT SHALL APPLY FDR ALL REQUIRED PERMITS,
Z. THE COMMERCIAL KENNEL SHALL BE LIMITED TD TEN ~10~
ANIMALS DYER THE AGE DF SIB MONTHS. ADDITI®NAL
ANI11iIALS WILL REQUIRE AN AMENDMENT TD THE
CONDITIONAL USE PERMIT,
3. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9.
~. THE APPLICANT SHALL RECEIVE A COMMERCIAL KENNEL
LICENSE FROM THE CITY COUNCIL.
5. ALL ANIMALS DUST BE LICENSED AND VACCINATED.
G. ALL ANIMALS SHALL BE ON A SIB ~G) FORT OR SHORTER LEASH
WHEN OUTSIDE OF THE FENNEL,
7. ND MHE THAN TWO ~2~ ANIMALS PER SUPERVISOR SHALL BE
ALLOWED OUTSIDE DF THE FENNEL,
S. ALL DOG WASTE SHALL BE CLEANED UP IMMEDIATELY V~HEN
DOGS ARE OFF DF THE SUBJECT PROPERTY.
9. APPLICANT SHALL PROVIDE PROOF OF LIABILITY INSURANCE
IN AT LEAST THE SUM OF $I MILLION.
10. NO DUGS DESIGNATED AS DANGEROUS DR POTENTIALLY
DANGEROUS ARE ALLOWED TO BE FEPT AT THE FENNEL AND
PEEPING DF A DANGEROUS DR POTENTIALLY DANGEROUS DDG
SHALL BE GROUNDS FOR REVOCATION.
11. OUTDOOR FENNEL SPACE IS TO BE LOCATED AT LEAN 250
FEET FROM ANY PRINCIPAL STRUCTURE ON NEIGHBORING
PROPERTIES.
City Council Minutes Page 5
September 21, 20x9
MOTS®I!1 CA,RRZED 4~1. Mayor Klinzing opposed,
MOVED BY COUI~C~LMEMBER GUMPHREY AND SECONDED BY
COUNC~LMEI~IBER ZERwAS TO APPROVE THE COMMERCIAL REN~EL
LICENSE BY JOHN FAHEY, JR. MOTION CARRIED 5-0.
5.3. RegueS~ b r~Du~~y Development for Side Plan Review Apo.xoval o~ a 53-unit
A artment and Conditional Use Permit A royal to Amend the Planned Unit
Develo ment A regiment All in Lot 1 Block 1 of Elk River Station 3za Addition -Case
No. SP o9--03 and CU o9-20 - Public Heari~z
Mr. Barnhart presented the staff report.
Mayor 7~linzing opened the public hearing.
David Rannello, vice-president of the Elk River Station Homeowner's Association,1722U
Quincy Street, stated residents knew an apartment building would eventually be built in this
location, but was not aware that it would be fixed income housing. He felt these was already
a good nux oflow-income housing in the city, and feels there is a demand for higher rents,
stating examples of recent rental prices of townhomes in the development. He felt this was a
progressive area, with the commuter rail soon to be available, and the development should
target a different market. He also expressed traffic concerns, with as well as the proximity of
the apartment building to the already built townhouses. He is concerned with the use of the
association amenities being used by the apartment renters as well as property appearance
guidelines the zest of the neighborhood follows.
Matt Stevens,105$8 ~-172~d Lane, feels the proposed parking spaces for this apartment
building are inadequate. He expressed concerns with inoperable vehicles using parking
spaces thereby degrading the look of the development, He also feels animosity will occur
between apartment tenants and townhome residents due to association amenities being used
and damaged by apartment renters. He felt this property should not be allowed for low
income housing,
Sue Dunham, board member of the Pullinan Place Cooperative,171St and Quincy, agreed
with the comments from the previous speakers and expressed concerns with traffic
congestion and safety issues traveling in and out of the development both by vehicle and on
foot.
Scott waltz, 10575 -171[t Avenue, expressed concerns with the loss of equity in his
townhome and didn't want Section $ vouchers to be allowed in this apartment development.
Ms. Mehelich explained the tax credits and how they would benefit the developer and
renters, She stated there haven't been any Section $ vouchers issued for a few years and
those would not be accepted in this development.
Alisa wallaee,17214 Quincy Street, expressed concerns with property lines changing and
the affect that will have on her front yard, as hex townhome unit faces the parking lot of the
proposed apartment building.
Jahn Duffy, the developer, spoke to the council and audience, explaining he would try to
address traffic concerns by working with the City an any suggested changes. He discussed
the screening, which would prevent headlights from affecting townhome residents, and
stated the building would be the same upscale building that was previously approved in
City Council Minutes
September 2~, 2009
Page G
2003. He feels his development company does its best to maintain and keep their buildings
clean and well-maintained. He stated the lease agreements do have a clause in them whiclx
do not allow storage of inoperable vehicles and they immediately tow any vehicles that are
considered inoperable. He stated he used "metro standards" for the income range, which for
an example would be a couple working full time and making around X50,000 a year and up.
He also talked about the federal tax credit and how renters would benefit from this by
providing a reduction in rent.
Florence Jone~,17~5~ and Quincy Street, asked the council if a traffic study was ever done
on Twin Lakes Raad. She expressed concerns about tlae amount of traff c and the water
runoff problem,
Mr. Maurer stated a traffic analysis was done before the road was put in, but not after the
road was completed.
Mayor I~linzing closed the public hearing.
Councilor Beck explained that this planned unit development received approval from the
City in 2003 for the entire development, which included an apartment building. The
necessary public hearings were held at that time. The original PUD allowed for a GO unit
apartment building, but it is before the council this evening to reduce the original number of
units fzom GO to 53.
Councilrnember ~estgaard asked when the entire development was platted, if Qutlot D,
the area where the apar~.nent building sits, would also participate in paying for the upkeep
of private streets that the townhome association currently pays for.
Mr. Barnhart stated originally all portions of the development were in the original plat, but
that they did not participate in any of the improvements of the private streets as each
portion of the development was built at different tithes.
Councilor Beck stated at that time this property was under single ownership. The developer
made the decision of which properties to include in the association and which properties
not to include.
Councilmember• westgaard stated regardless of that, this creates a legitimate traffic concern
which would be somewhat helped by reducing the number of units from 60 to 53 and
supported that amendment. He would life staff to work with the developer to look at
alternatives to these traffic problems.
Mr. Maurer stated the original concept for this area included commercial buildings with
roads that would support an increase in traffic through the neighborhood.
Councilmember Motin asked in order to assist in traffic flow, if a condition could be added
that the developer build a road through the commercial area of the development to provide
additional access to i7~5t Avenue. He supports the reduction in the number of units to 53
but does not feel the units should be for affordable housing purposes. He feels this property
will be in high demand. He asked about the future installation of the proof of parking spots
and who would be responsible for ensuring they be in place.
Mr. Barnhart stated it would be the property owner's responsib~.ty to install the parking
spots on order from the Council.
City Council Minutes Page 7
September 2~, 2009
Councilmember Moon stated the following three conditions should be added to the
conditional use permit requirements;
9. Property shall be subject to a napets policy,
~0, No dirt or sand shall be stored on the premises or adjacent premises during
construction,
11. Build a drive connecting 172nd with 171st to a basic drive standard as
recommended by the City engineer.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
C®UNCILMEMBER'LVESTGAARD TO APPROVE THE REQUEST BY DUFFY
DEVELOPMENT FOR SITE PLAN REVIEW APPROVAL OF A 53~UNIT
APARTMENT AND CONDITIONAL USE PERMIT APPROVAL TO AMEND
THE PLANNED UNIT DEVELOPMENT AGREEMENT ALL IN LOT 1
BLOCK ~. OF ELI RIVER STATION 3~ ADDITION AS OUTLINED IIV THE
STAFF REPORT WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER'S MEM®S DATED
SEPTEMBER 10, 2009 ANI] MARCH 10, 2005 SHALL BE
ADDRESSED.
2. ALL COMMENTS A.ND CONDITIONS OF THE
ENVIRONMENTAL TECHNICIAN MEMO DATED MARCH 4,
2005 SI-TALL BE ADDRESSED,
3. THE DEVEL®PMENT SHALL MEET ALL APPLICABLE FIRE
ODES, THE FIRE CHIEF SHALL VERIFY THE LOCATION
OF ALL FIRE ]HCYDRANTS AND MAY REQUIRE ADDITIONAL
HYDRANTS NECESSARY TO PRESERVE THE I-IEAL'TH AND
SAFETY ~F THE RESIDENTS.
4. A NPDES PERMTT IS REQUIRED PRIOR TO FINAL APPROVAL
OF CONSTRUCTION DRAWINGS.
5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE
COST OF THE IMPROVEMENTS, LANDSCAPE, AND TRAIL
INSTALLATION SHALL BE SUBMITTED AT THE TIME OF
BUILDING PERMIT APPLICATI®N PER. SECTION 3Q~G04(B}.
G. NO BUILDING PERMIT MAY BE ISSUED UNTIL THE PLAT IS
RECORDED,
7, LANDSCAPING PLAN BE AMENDED T®INCORPORATE
NATIVE PLANTINGS ALONG THE WETLAND A.ND A RAIN
GARDEN TO MANAGE STORM WATER RUN OFF PRIOR T®
ENTERING THE WETLAND.
S. PARKING LOT SCREENING BE ADDED TO PR®TECT THE
TOWNHOME BUILDINGS ON THE EAST SIDE OF THE LOT.
9. PROPERTY SHALL BE SUBJECT TO A NO-PETS POLICY.
10. N®DIRT OR SAND SHALL BE STORED ON THE PREMISES
OR ADJACENT PREMISES DURING CONSTRUCTION.
11. DEVELOPER TO BUILD A PRIVATE DRIVE CONNECTING
172~D AVEIiIUE AND 171~T AVENUE TD A BASIC DRIVE
STANDARD AS RECOMMENDED BY THE CITY ENGINEER.
City CounciX Minutes Page $
September 2~, 2009
MOTION CARRIED 5-0.
A. Consider Resolution of Su ort fox Duf Develo ment Com an 's Affordable Housin
Tax Credit s A lication to MN Housin Tinance A enc
Ms. Mehelich presented the staff report.
Councilmember Gumphrey stated he is not in favor of this resolution and made a motion to
deny the resolution. The motion failed far lack of a second,
Mayor Klinzing expressed her concerns about the assumptions and comments from the
public made regarding the people that would be renting these units. She was surprised and
disappointed in the comments made as she feels everyone works hard to earn a living and
that it isn't appropriate to make assumptions that people would move into the area and
destroy neighboring properties because of how much money they make. She supports the
tax credit resolution as she feels there is a need for this type of housing for both young
adults and the elderly.
Councilmember Moon stated he should have seconded Councilmember Gumphrey's
motion as he does not support parts of this resolution; mainly, he doesn't support the
affordable housing portion because of its location rear the commuter rail line.
Ms, Mehelich stated the developer is open to amending the resolution to read however
the council wishes.
Mayor r~linzing stated although she had originally not been in support of previous housing
developments due to its proximity to industrial and commercial businesses, she feels this has
been a great proposal and housing addition to the City, She asked where affordable housing
should be placed if this is not a suitable location,
Councilmember Zerwas expressed his concerns as well about the negative comments made
by the townhome residents and he understands the need to provide affordable housing to
young adults. He doesn't support the $25,00 in fee reductions to the developer when the
City is facing possible future staff layoffs.
Councilmember westgaard agreed that he thinks there are ways to work with the developer
Mr. Duffy stated he understands how hard it is for the City to provide financial assistance
for this project, He would like to make it economically neutral to the City and is interested in
working with tlae City to mare this happen,
Councilmember Moon expressed his thoughts about this location being very unique
due to the fact that it's near the commuter rail, He feels a market rate rental would be a
better way of handling this property.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUN'CILMEI~BER GUMPHREY TG DENY THE RESOLUTION ®F
SUPPORT FOR DUFFY DEVELOPMENT COI~IPANY'S AFFOR.ABLE
HOUSING TAB CREDITS APPLICATION TO MN HOUSING FINANCE
AGENCY. MOTION CARRIED 4-~, Mayor l~linzing opposed.
City Council Minutes
September 21, 2009
Page 9
B. Resolution of Rece tivi to a De t of Em to ment & Economic Develo ment Small Cries
Develo meat Pro ram Award
Ms. Mehelich presented the staff report.
Councilmember Motin asked if the purpose of the grant is for economic development,
affordable housing, ar both.
Ms. Mehelich stated that MHFA works closely with DEED on housing projects that meet
their goals,
Councilmember Matin asked if it is required that tlae project provides affordable housing,
He stated he is not ~n support of this concept,
Nfi•. Duffy stated it was their intent to run these two applications together and probably
wouldn't go ahead with the development if they didn't receive support of the City to apply
for• federal tax credits.
MOVED BY MAYOR ]~LINZING A.ND SECONDED BY COUNCILMEMBER
WESTGAARD T®APPROVE RESOLUTION 0950 A RESOLUTION OF
RECEPTIVITY TO A DEPT OF EMPLOYMENT ~ ECONOMIC
DEVELOPMENT SMALL CITIES DEVELOPMENT PROGRAM AWARD.
MOTION CARRIED 3-2, Councilmembers Gumphrey and Moon opposed.
Mayor Klinzing recessed the meeting at 5;35 p.m. She reconvened the meeting at S.4G p.m.
5.4. Re nest b LeFebvre Pro ernes LLP for Interun Use Permit amendin revious IUP for
Tem ora Off ce Case Na. CU 09-21- Pu~&1rc Hea.~xn
Mr. Barnhart presented the staff report. Bab Strong, tlae applicant, was present to answer
questions.
Mayor I~linzing opened the public hearing, There being no one to speak at the public
hearing, she closed tl~e public hearing.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
GOUNCILMEMBER ZERWAS TO APPROVE THE REQUEST FOR A THREE
YEAR EXTENSION TO THE INTERIM USE PERMIT AS ®UTLINED IN
THE STAFF REPORT. MOTION CARRIED 5~0.
5.5. Re uest b Ci of Elk River for Ordinance Amendment relatin to wind Turbines Case
NO, OA 09_~4,.;~ Pub1lc,Hea;rz~
Mayor I~linzing stated staff is requesting this item be continued to a future date in order to
review additional information and comments from the Energy City Commission,
Mayor Klinzing opened the public hearing and continued it to October 19, 2009,
MOVED BY COUNCILMEMBER zERWAS AND SECONDED BY
COUNCILMENIBERwESTGAARD TO CONTINUE THE ORDINANCE
AMENDMENT RELATING TO WIND TURBINES, CASE N0.OA 09-04 TO
OCTOBER 19, 2Q09. MOTION CARRIED 5~0,
S.G. Re nest b Elk River Landfill Inc, far Land Use Amendment to Chan e the Land Use of
Certain Pro er from Minin to Landfill Case No. LU 09-01 -- Public Heat~lt~
City Council Minutes
September 21, Z~O~
Page ~Q
Ms, Johnson presented the staff report, She provided a brief lustary of the public meetings
held since April 2009. She stated this request must be acted upon by the Council by
September 26, 2009.
John l~ellas, waste Management Landfill Area Manager -provided a PowerPoint
presentation summarizing current, past, and future impacts and partnerships of the landfill
in the community, and the concerns from both the City and :residents regarding expansion
items like screening, intersection expansion, and commercial development,
Mayor I~linzing opened the public hearing,
Amanda Larson, representing the Elk River YMCA ~ thanl~ed Taste Management for
being a good community partner with the YMCA,
Steve Rol~lf, representing Ella River Ford and himself as a resident, expressed his concerns
if the Council denies the request by the Elk River Landfill, and supports the expansion of
the landfill. He commented on other areas of the City that could currently support
commercial development and felt the City was denying the expansion due to its image.
Vance Zehringer,l$9Z0 Concord Stt~eet, presented and read a letter to the Council
supporting the expansion of tlae landfill,
Shane Steinbrecher,13792 ~- 247d~ Avenue, Zimmerman, owns a roll~off company that
uses Elk River Landfill, and feels Waste Management is a good company, He feels denying
expansion of the landfill will have a large ripple effect to small business owners such as
himself and supports expansion of the landfill
Sally Thompson, Meadowview Farm, lives adjacent to the landfill, and expressed her
concerns with water contamination to her crops and animals, and hoped the council will
deny the request for expansion of the landfill.
Matthew Hotness, ~ZG33 -- 223rd Court, expressed his opposition to expansion of the
landfill and the affect on lais well water,
Gene Thompson, resident in the Meadowvale area, stated that landfills are still dum sand
p
feels the unsightly mountains of garbage have taken away from the beauty of Tibbets Brook
and the surrounding meadows, He is opposed to the expansion of the landfill,
Jeff Lawsan, 22705 Baldwin Street, lives east of the landfill and expressed concerns with
the City budget def cit being passed onto taxpayers if the landfill closes when the City
loses host fees, He stated his water is tested yearly and feels the landfill is a good Wei hbor to
g
him,
Ms. Johnson explained that Wane of the host fees go towards the General Fund budget, so
no tax increase will be passed along to taxpayers and no decrease in services will occur. She
also clarified the amount of payment on the RDF plant, and that payment is approximate)
$29 G,000, y
Colin McGlone,) G03$ Jarvis Street, uses the services of the landfill and feels that closin
g
the landfill will jeopardize the motto of Energy City. He compared the City of Ramsey's
landfill and how the property around there is in high demand and asked the Council to
consider keeping the landfill open,
City Council Minutes
September 21, ZOD9
Page 1 ~
Steve scorn, 22336 Watson Street ~ Ridges o£ Rice Lake resident ~ agreed with tlae visual
impact comments made by Gene Thompson and is opposed to the expansion. He asked if
the EIS is still a valid study as there have been many changes to the first proposal by Waste
Management.
Counselor Beck stated the EIS, performed by the Minnesota Pollution Control Agency, is
still valid as the changes to tlae proposal decreased the size of the landfill.
Terry ~orre11,10752 -171St Avenue, supports the expansion of the landfill.
Angela IVlathison, 2382 Tipton, stated her comments and concerns in opposition to the
expansion have been submitted in writing to tlae Council. She states she hopes that Waste
Management would continue their stewardship to the citizens and businesses of the City
should the council deny their request for expansion,
Gary Sauer, Tiller Corporation, stated he felt Elk River had a lot of developable land that
would be available for approximately 40 or 50 years to develop before he could see the area
around the landfill being ready to develop,
Kevin IVordby, 5970 Lake Linden Court, Shorewood, represents RRT, and commented on
the dependence of RRT to the landfill and how a landfill will always be a necessary
component in the solid waste processes. He stated they feel lucky to have an
environmentally sound landfill as a partner to take residual waste that RRT can't recover,
and says RRT will be out of business very shortly if the landfill isn't allowed to expand. He
felt GRE will also struggle should the request to expand the landfill be dented. He feels
these businesses work very well together and a lot would change if the landfill closes.
Mayor I~linzing closed the public hearing.
Mayor I~.%nzing began by stating this decision was the hardest decision she's had to make in
the 11 years of being Mayor of Elk River. She's heard comments from everyone regarding
this request for expansion, from other businesses in town and out, from residents, and from
employees of the landfdl. She stated the current instability of GRE and the RDF plant has
nothing to do with whether or not the landfill is allowed to expand and remain open, it has
to do with them obtaining the necessary contracts to continue bringing in the amount of
garbage to keep the plants going. She agrees the community support of Waste Management
is important and appreciated. She stated citizens weighed jin very heavy on this and the
majority of them expressed they do not want the expansion approved as it will continue to
cause a negative image of the City. She stated she also heard from businesses and realtors,
who state they have a hard time bringing in newcomers to Elk River because of the landfill.
She stated the residents of the Ridges o£ Rice Lake are ready to challenge tlae City's decision
should they choose to expand the landfill. She reels that denial of the expansion of the
landfill won't mean the end of Energy City; the Learning Center will remain open, and the
landfill will still continue to generate methane to be burned off. She feels the issue is. does
tlae City have the authority to control land use in a way to benefit the City as a wholes She
stated the Comprehensive Plan should be followed. A good source of tax base needs to be
found in order to continue the plan's goal of staying rural. It will tale some time to change
the image of the City to attract the kinds of businesses and industry desired. Future
decisions of the council on land use will impact the ultimate use of this land and the
surrounding area. She will not support the expansion of the landfill,
City Council Minutes Page 12
September 21, 2001
Councilmember Moon agreed with the comments made by the Mayor. He stated the dew pros to
allowing expansion of the landfill -additional revenues, continuation of jobs, and energy
implications -are shoat term. The cons are long term and include the permanent loss o£ property,
even if it's considered green space. It has no value as nothing can be built on it. There will be very
minimal employment opportunities. He encourages waste Management to look elsewhere for landfill
space. Councilmember Moan continued that he doesn't like the current location of the landf~l, He
feels the Highway 169 corridor is a great location for future job growth. Currently, he feels these
negatives to the landf~l; the smell, the image o~ being the garbage dump of the state, garbage blowing
around, the environmental concerns, especially with liners potentially failing and causing
contamination to the water system. The expansion will also impact surrounding areas and their
future developments. Future jobs will be affected; there will be permanent jobs created in fiiture
years if the expansion does not occur, He feels most o~ the studies that were done during this
process were confusing, and felt the City's consultant provided a credible study as they didn't have
an interest in its outcome. He stated he does not favor going fo~•watd with expansion of the landfill,
Councilmember Gumplarey stated he has been against the expansion of the landfill from the
beginning. He stated the Council is asked to provide foresight into the future and consider this
decision by all angles. He stated the City will continue to be good stewards to the residents and
businesses by looping out for their children's future,
Councilmember westgaard commented that from tlae beginning o~f this discussion, this issue has
been land use. He felt it isn't always about economics; lae feels it's about the City's ability to maintain
control over how land use and development happens in the City. He agreed with the short term pros
of the expansion that Councilmember Motin mentioned and stxessed they are very short term. He
stated he also struggles with the location of the landfill. He doesn't think altering the expansion
proposal is in the best interest to both parties. He feels the need to retain developable land along
Highway 169 and 221Sti Avenue. He does not support the expansion o~ the landfill,
Councilmember Zerwas agreed with the comments of Councilmembers Moon and westgaard, He
said many individuals have voiced a variety of concerns. while he doesn't share in the environmental
concerns, he does not like the size of the expansion, the effect the expansion will have on future
development along Highway 169, and tl~e City's ability to cont~•ol land use, He feels this expansion is
not in tlae best interests of the City of Elk River and he does not support the expansion of the
landf~l•
At a request by Councilmember Motin, an additional resolution with additional changes was
distributed. Item 3o was added. Councilmember westgaard ere was also a typographical error under
item 24, a change from Highway 1 o to Highway 169.
MOVED BY CGUNCILMEMBER GUMPHREY AND SECONDED BY
CGUI~'CILMEMBER M4TIN TO APPROVE RESGLUTIGN 09-5I DENYING THE
REQUEST BY ELR RIPER LANDFILL, INC. FDR A LAND USE AMENDMENT T®
CHANGE THE LAND USE GF CERTAIN PROPERTY FROM MINING TO
LANDFILL, AS GUTLINED IN THE STAFF REPGRT. MOTION CARRIED 5~0.
5.7. Re nest b Elk River Landfill Inc. fox Rezonin to Chan e the Zonin from AZ
A icultural Conservation to SwF Solid waste Facili Case No. ZC o9wo1 ~- Publxc
~Iea.~.r.~~
This item was not acted upon. This item was not acted upon as a separate agenda item
because resolution #0951 included action on the rezoning request.
City Council Minutes
September 2~, 200
Page ~3
5.8. U date on Code Enforcement Issues Relatin to the Bowfin Alle at ~3IG~ Hi hwa io
Mr. Barnhart presented the staff report. He updated the council and indicated the owner of
the building now wishes to demolish it but requests more time to complete ftnal
arrangements and financing. Staff is working with Counselor Beck to determine the quickest
way to demolish the building with the next few weeks.
Councilmembers expressed concerns with the safety of the building and the desire to secure
the building so it doesn't become a public safety threat. Stair will update the council with
new information as it becomes available.
G.1.A. Windsor Meadows Im rovement Pro'ect
Mr. Maurer presented the staff report. He noted the final assessment roll should not include
Dutlots A, B, C or D and therefore requested those be removed from the f nal assessment
roll.
Mayor I~linzing opened the public hearing and the assessment hearing. There being no one
there to speak, she closed both hearings,
1. Resolution Orderin lm rovement
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 09-52
ORDERING THE IMPROVEl1~ENT TN THE MATTER OF THE
WINDSOR MEADOWS FINAL LIFT OF BITUMINOU5 AND OTHER
ANCILLARY ITEMS IMPROVEMENT OF 2009, MOTION CARRIED 5-
o.
2. Resolution Ado tin Assessment Roll
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCTLMEMBER WESTGAARD TO ADOPT RESGLUTTON 09-53
ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE
WINDSOR MEADOWS FINAL LIFT OF BITUMINOUS AND OTHER
ANCILLARY ITEMS IMPROVEMENT OF 2009 AT X3,305 PER
RESIDENTIAL UNIT AND EXCLUDING OUTLOTS A, B, C, AND D,
MOTION CARRIED 5p0,
3. Resolution Acce tin Bid
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 09-54
ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT
TO RUM RIVER CONTRACTING COMPANY TN THE MATTER OF
THE WINDSOR MEADOWS FINAL LIFT OF BITUMINOUS AND
OTHER ANCILLARY ITEMS IMPROVEMENT OF 2009, M®TI®N
CARRIED 5-0,
G.I.B. Consider Award of uote for Pavin of the Final Lift of T ler Street in the Trott Brook
Crossing Subdivision
Mr. Maurer presented the staff report.
City Council Minutes Page 14
September 21, 200
Council questioned the possibilities of recovering the cost of the paving from the
developer.
Mr. Maurer stated there was a letter of credit that lapsed before it was renewed, therefore
losing any leverage to recoup this cost from the developer.
Mr. Beck commented that there was an option of assessing tlae cost of the paving to
adjacent property owners, but staff didn't feel this was right. He stated staff has improved
internal controls for letters of credit so this type of situation should not occur in the future.
Ms. Jol~nson commented that this was a unique case, She stated the system of checking
these letters of credit has been unproved with more internal review to ensure this wouldn't
occur in the future,
MOVED BY COUNCTLMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTTN ACCEPTING BTD AND AUTHORIZE
EKECUTTON OF CONTRACT TO RUM RTVER CONTRACTING COMPANY
FOR THE PAVTNG OF THE FINAL LIFT OF TYLER STREET TN THE
TROTT BROOK CROSSING SUBI)IVZSION AS OUTLINED TN THE STAFF
REPORT. MOTION CARRIED SpQ.
7.i. A rove A ent of Record for Health and Dental BeneF~ts
Ms, Johnson presented the staff report. Slle stated staff recommends Financial Concepts,
Inc. as the city's new Broker of Record for health and dental insurance plans for 2010. She
provided a list of services the yearly fee included, which was significantly lower than the
commissions paid to the previous broker but includes many valuable services that were
previously unavailable. She noted there would be no change in the brol~er for life and
disability coverage,
NTDVED BY CDUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILIl~IEMBER wESTGAARD To APPROVE APP®INTMENT OF
FTNANCIAL CONCEPTS, TNC. A5 BROKER OF RECORD FORTHE CTTY'S
I-TEALTH AND DENTAL INSURANCE PLANS EFFECTIVE FDR THE 20I0
PLAN YEAR. MOTTON CARRTED 5~0.
$. Qtl~er Business
There was no Otlaer Business,
9. Council Updates
9.1. Honor Guard for.N,owthen Heri~ag~ Days
Mayor I~linzing reported that a request for the Elk River Honor Guard to perform at the
Nowthen Heritage Days on September 2G, 2009, The Anoka Honor Guard is unavailable to
perform, Mayor 7~linzing stated the honor guard members were not salaried employees;
therefore, tlae performance would cost approximately $450.
After discussion, the council agreed for this year the Elk River Honor Guard could perform
fox Nowthen with funds to be taken from Council Contingency but in the future, Nowthen
should use an Anoka County agency.
MOVED BY COUNCTLMEMBER wESTGAARD AND SECONDED BY
CDUNCILMEMBER ZERwAS TO ALLOW THE ELR RIVER HON®R GUARD
City Council Msnutes Page 15
September 21, 24x9
TO PERFGRM AT NDwTHEN HERITAGE D.A~YS KITH FUNDS 7'®PE
TAKEN FR®M COUNCIL CGNTINGENCY. MGTI~N CARRIED 5-0.
~D, Sta~~ Updates
-- ~ x,
Ms, Johnson reminded the Council that the next joint meeting with the Punning
Commission and EDA regarding the Focused Area Study would be Monday, September 28,
200 at ~.oo p.m.
Ms. Johnson also reminded the council to be at the movie theater by 4,34 ii they were
interested in riding on a float £or the Elk River High School homecoming parade.
~~, Ad1'ouxnment
T..-
Thew being no ~`urther business, Mayor I~linzing adjourned the meeting of the Elk River
City Council at ~ 0.25 p.m.
Minutes p~ pared by Je ~ ~£er Johnson.
~~ "'
~~ `~ f
~~_...
Tina Allard, City Clerk
: 7
..y
Stephan e l~linzing, Mayer[