11-16-2009 CCMTIC L IV ~T° IL
L ` THE L I CITY LL
', VEIL I ~, 2409
Members Present: Acting Mayor Zerwas, Councilmembers Motin and Westgaard
Members Absent: Mayor Klinzing and Councilmember Gumphrey
Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, City
Attorney Peter Beck, Accountant Lori Stich, and City Clerk Tina Allard
Also Present: Planning Commissioner Paul Bell
I. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at G:3D p.m. by Acting Mayor Zerwas,
2. Consider I 1 ~ 6 __2009 Agenda
Councilmember Motin added a Northstar Commuter Rail update and Ms. Johnson added
Letter of Support for SWCD to ether Business.
MOVED BY COUNCILMEMBER WESTGA.ARD AND SECGNDED BY
COUNCILMEMBER M®TIN TO APPROVE THE AGENDA. AS AMENDED.
MOTION CARRIED 3-0.
3. Consider Cansent_A~enda
MOVED BY COUNCILMENXBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TG APPROVE THE FOLLOWING
CONSENT AGENDA;
3.1 CHECK REGISTER AS PRESENTED IN THE STAFF REPORT.
3.2. PAY ESTIMATES AS PRESENTED IN THE STAFF REPORT.
3.3. 2.5% INCREASE TG THE CITY'S CONTRIBUTION TG THE
EMPLOYEE'S FLEXIBLE BENEFITS PLANS A.ND A $240
CONTRIBUTION TO THE HEALTH SAVINGS ACCOUNTS ®F
EMPLOYEES ELECTING THE HIGH DEDUCTIBLE HEALTH PLAN.
3.4.A. RESOLUTION 09-59 ADOPTING AND LEVYING ASSESSMENTS FOR
UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1,
2009.
RESOLUTION 09-GO ADOPTINGAND LEVYINGASSESSMENTS FOR
UNPAID SEWER SERVICES AS OF SEPTEMBER 30,2009.
3.4.B. RESOLUTION 09-G1 A.DOPTING AND LEVYING ASSESSMENTS FOR
UNPAID WATER UTILITY SERVICES AS OF SEPTEMBER I, 2009
3.4.C. RESOLUTION 09-GZ ADOPTINGAND LEVYING ASSESSMENTS FOR
WATER SERVICE REPAIRS.
3,4.D. RESOLUTION 09-G3 ADOPTING AND LEVYING ASSESSMENTS FOR
ABATEMENT OF CITY CODE VIOLATIONS,
3.4.E. SPECIAL ASSESSMENT REAPPORTIONMENTS AS FOLLOWS.
ELR RIDGE CENTER 5TH TRUNK SANITARY SEWER AND
WATER ~ $29,117.72
City Cou~.cil Minutes
Novembe,~ 16, 2009
Page 2
PARCEL 75-791-0010 SPLIT INTO TWO L®TS
0 75bS13-0010 ~ X17,595.75
0 75-513-0105 - X11,515.97
3.5. LETTER OF SUPPORT FOR SHERBURNE SOIL AND WATER
CONSERVATION DISTRICT'S FOREST RESOURCES PROTECTION
CAMPAIGN GRANT APPLICATION.
MOTION CARRIED 3-0.
4, Q en Mike
No one appeased fog Open Mike,
5,1. Re uest b Laura Qsman ~o Amend Existin In~e~.~ixn Use Pefmit fog Commercial Z~ennel
I061 G I75t~ Avenue Case Na. CU09~23 - Publzc Heari~r
NIr, Ba~nha~t p.~esented the s~a~~ xepoxt submitted by Mx. Leesebe.~g,
Acting Mayo~.~ Zerwas opened the public heating. Thexe being no one to speak ~o this issue,
Acting Mayor Ze~was closed the public hearing.
MOVED BY COUNCILMEMBER IVIOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TD APPROVE INTERIM USE PERMIT,
CASE NO. CU 09-23 AS ILLUSTRATED ON DRAWINGS DATED 10/ZG/09
'WITH THE FOLLOWING CONDTTTONS:
1. A5 AN INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE
APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS,
2. THE INTERIM USE SHALLTERMINATE WITH THE FINAL PLATTING
OF THE PROPERTY ORWITH THE SALE OF THE PROPERTY.
3. NO MORE THAN FIFTEEN X15} ANIMALS SHALL BE BOARDED AT
ONE TIME.
4. TF MORE THAN FIFTEEN X15} ANIMALS ARE DESIRED, THE
APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM
USE PERMIT.
5. SIGNAGE SHALL NOT EMCEED TWO ~2} SQUARE FEET IN SIDE.
G. SIGNAGE SHALL BE LQCATED ON THE SUBJECT PROPERTY AND
NOT IN THE RIGHT-OF-WAY,
7. BARFING ANIMALS SHALL BE KEPT INDOORS.
S. ALL ANIMALS, WHEN NOT LOCATED IN THE DWELLING,
ACCESSORY STRUCTURES}, OR FENCED AREA SHALL BE ON
LEASHES.
9. ALL FENNELS SHALL BE FEPT CLEAN AND ALL ANIMAL WASTE
SHALL BE DISPOSED 4F PROPERLY AS PER SECTION IO-9.
10. ALL ANIMALS SHALL BE ON A SIB ~G} FOOT OR SHORTER LEASH[
WHEN OUTSIDE OF THE FENNEL.
11. NO MORE THAN TWO ~2} ANIMALS PER SUPERVISOR SHALL BE
ALLOWED OUTSIDE OF THE FENNEL.
12. ALL ANIMAL WASTE DEPOSITED OUTSIDE OF THE PROPERTY
SHALL BE COLLECTED AND DISPOSED OF PROPERLY.
13. THERE SHALL BE NO MORE THAN ONE ~1} INDEPENDENT
CONTRACTOR ON SITE AT ANY TIME.
14. THERE SHALL BE NO ON-SITE COMMERCIAL .ACTIVITIES SUCH AS
BREEDING OR SELLING OF ANIMALS.
City Council Minutes
November ~ C, 2a~9
Page 3
15. IDENTIFICATION TAGS SHALL BE ON EACH DF THE .ANIMAL'S
COLLARS INDICATING THE NAME, ADDRESS, AND PHONE NUMBER
DF THE FENNEL,
1G. NO ANIMALS DESIGNATED AS DANGEROUS GR POTENTIALLY
DANGEROUS ARE ALLOV~IED TO BE DEPT AT THE FENNEL AND
KEEPING OF A DANGEROUS OR POTENTIALLY DANGEROUS
ANIMAL SHALL BE GROUNDS FOR REYOCATION.
1?, THE PREVIOUSLY APPROYED CONDITIONAL USE PERMIT CU 0?-10
~SHERBURNE COUNTY DOCUMENT #G59209} wILL EMPIRE UPON
APPROVAL OF THIS CONDITIONAL USE PERMIT, CU 09-23.
MOTION CARRIED 3-0.
5,2, Re uest b ames Enri ht for Zone Chan e from C3 Hi hwa Commercial to R4 Mind. le
Family Residential (Elk Motel,1329i Highway 10~, Case No. ZC 0~-02 -- Public Hear~.~~
Acting Mayor Zerwas noted this item was for discussion only in order to provide direction
to staff.
Mr. Barnhart presented the staff report. He stated either the zoning or the underlying land
use or both would need to be changed depending on Council's vision.
Mr, Beck stated a land use change is required for an R4 zone change and the land use should
be in place before the zoning, He stated the Council could act tonight to deny the rezoning
if the existing land use were to remain the same. He stated this item should be continued if
the Council is open to changing the land use.
Acting Mayor Zerwas opened the public hearing. There being no one spoke to speak to this
issue, Acting Mayor Zerwas continued the public hearing.
Councilmember Westgaard stated the unique situation of the parcel in regards to parking
and setbacl~s would warrant a land use amendment and he would be willing to consider a
land use and zoning amendment to allow high density residential,
Councilmember Moon stated he is nat sure the property should be rezoned without
considering the development potential of the surrounding area, including the bowling alley
and garage company sites. He stated that he understand the need to amend the land use to
keep the current use, He further stated there could be potential issues such as noise
complaints from the apartment dwellers if the bowling alley is to become a restaurant/bar or
more intense use.
Mr. Barnhart questioned if Council would like to see some concepts.
Mr. Beck stated Council initiated direction to staff to provide an alternative to amend the
Comprehensive Plan in order to make the underlying use consistent with the current zoning
would allow action either way at the December meeting,
Acting Mayor Zerwas concurred with Councilmember westgaard but further stated a
comprehensive review of the area is a good idea.
MOVED BY C®UNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER wESTG.A.ARD TO CONTINUE THIS ITEM TD
DECEMBER 21, 2009 AND FOR STAFF TD BRING BACK ALTERNATIVE
City Council Minuies
Navembe~ 1G, 2009
Page 4
CONCEPTS FOR THIS LOCATION ALONG WITH THE BOWLING ALLEY
AND THE GARAGE COMPANY SITES, MOTION CARRIED 3-4.
5.3. Discuss Conditional Use Permit Fee for A ricultural Animals
Mr. Barnhart presented the staff report. He noted the benefits of the conditional use permit
process for citizens and neighbors as follows
Public hearing participation regarding concerns/issues
Council ability to impose restrictions
He further stated the city would lie subsidizing some of the expenses with a fee reduction to
~I50 but felt it was a better alternative than removing from the conditional use permit
process,
It was noted there typically are not a lot of these types of requests.
Council concurred that the conditional use permit fees for agricultural animals in Rwla and
A-1 districts should be reduced to $I54, which will be added to the city's fee schedule,
Council questioned if tlaexe is a setback requirement for agricultural animals in city
ordinance.
Staff was unsure and directed to review the mattex••
MOPED B'Y COUNCILMEMBER WE5TGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ACCEPT A X154 FEE FOR AN APPLICATION
FOR CHUCK BRDWER AT 11475197Tx AVENUE, MOTION CARRIED 3-0.
5.4, Call Special Meeting for Focused Area Study
--- . z ~ , .. ---7-
Mr. Barnhart presented the staff report,
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MDTIN TD CALLA SPECIAL MEETING FOR
NOVEMBER 3D, 209, C;30 P.M., AT CITY HALL, IN ORDER TD DISCUSS
THE 71sT AVENUE FOCUS AREA. STUDY PHASE II. MOTION CARRIED 3a0.
G.1. Insurance Renewal
Ms. Johnson presented Mr. Simon's staff report, She noted tl~e insurance coverage is also
for Elk River Municipal Utilities.
Mary Eberly, Furst National Insurance, city insurance agent -Reviewed the city's insurance
policies with the League o£ Minnesota Cities Insurance Trust. She noted the worker's
compensation rate increased from .77 to .85, which is still good but should be reviewed to
see if any improvements can be made,
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO RENEW THE CITY'S INSURANCE
POLICIES WITH THE LEAGUE OF MINNESOTA CITIES INSURANCE
TRUST AS PRESENTED IN THE STAFF REPORT. MOTION CARRIED 3-~,
City Council Minutes
November ~ 6, 2009
8, C)ther Business
There was no ~thex Business,
9. Council Updates
Northstar Commuter Ral.Update
Councilmembex Motin noted the first day of regulax service for the rail had a 70%
occupancy rate. He provided an update of the launch event held over the weekend and
thanked numerous sponsors and speakexs for their support.
Page 5
Ms. Johnson stated Cub Foods of Elk River and Rogers donated a cake for the grand
opening. The cake will be served after the meeting for the public in attendance, She noted
the memorabilia from the Northstar events displayed throughout the Council Chambers.
Letter of Su art for Sherburne Soil and dater Conservation Distt~ict SWCD
Ms. Johnson stated the SWCD is seeking grant funds fox stormwatex projects and would like
a letter of Support Exam the city. She stated the funds may be used for one or more o£ the
following projects.
1. Program Facility stormwater rain garden
2. Vernon Cemetery
3. Morton area where it drains off of Highway ~Q
MOOED BY CDUNCILMEMBER wESTGAARD A.NI7 SEC®NDED ~~
COUNCILMEiVIBER MOTIN TO APPROVE A LETTER OF SUPPORT FOR
SHERBURNE SOIL A.ND WATER CONSERVATION DISTRICT'S
STORMwATER GRAFT APPLICATION, MOTION CARRIED 3m0.
10. Staff U dates
There were no Staff Updates,
1I. Adiournment
-~~.
There being no further business, Acting Mayor Zerwas adjourned the meeting of the Elk
Rivex~,,City Council at 7.21 p.m.
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Tina Allaxd, City Clerk
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Steph' ie I~lin~ing, Mayo`s-=~~~