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12-21-2009 CCMT~ ~ N ~ T' T L ~ ~ L Z I , X04 Members Present: Mayor ~~lin~ing, Counciltnembers Zerwas, Moon, Westgaard, and Gumphrey Members Absent: None Staff Present; City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, Environmental Administrator Rebecca Haug, Director of Economic Development Catherine Mehelich, City Attorney Peter Beck, Finance Director Tim Simon, and City Clerk Tina .Allard Also Present. Planning Commissioner Troy Ives 1. Call Mee_~?~ To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor I~lin~i.ng. 2. Consider_12 2112009 A.~enda Item 3.8 was removed From the Consent agenda in order to have record of afour-f fths vote. MGVED BY CDUNCILNIEMBER~IESTGAA.RD AND SEC®NDED BY COUN'CILMEMBER ZERWAS TG APPR{~VE THE A.GEND.A AS AMENDED. MDTI~N CARRIED 5~~. 3. Consider Consent Agenda MOVED BY CDUNCILMEMBER MDTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TD A.PPRDVE THE FOLLOWING CONSENT AGENDA, 3.1 DECEMBER 7 AND 14, X009 COUNCIL MINUTES. 3.2. CHECT~ REGxSTER AS OULTINED IN THE STAFF REP®RT. 3.3. PAY ESTIMATES AS ®ULTLINED IN THE STAFF REPORT, 3.4. LICENSE RENE~JALS FDR ]FENNEL, MASSAGE, MECHANICAL AMUSEMENT, AND TOBACCO AS OUTLINED IN THE STAFF REPORT. 3.5. SPECIAL EVENT PERMIT TD ZYLSTR.A RAREFY DAVIDSDN FOR EXHIBIT A EVENTS WITH THE C®NDITI®N THAT INSPECTION CAF THE OUTSIDE AREA TAKE PLACE PRIOR TD EACH EVENT WHEN THERE IS A TENT. ~.G. RECYCLING R.EB.ATE FORM AS PRESENTED IN THE STAFF REPORT, 3.7. ADOPT RESDLUTI®N 09pG7 ENTERING INT®.A MAINTENANCE AGREEMENT WITH WRIGHT COUNTY FAR THE PARRI~H AVENUE BRIDE. Clty Council Minutes December 21, 2009 Page 2 3.9. TEMPORARY FIREwORI~S LICENSE TO TNT FIREwORI~5,19211 FREEPORT STREET, EFFECTIVE DECEMBER z2, 2oog THR®UGH JANUARY 1, ZOIO'~lITH THE CONDITION THAT ALL APPLICABLE FIRE CODES AND .ALL CONDITIONS OF THE FIRE MARSHAL ARE MET. MOTION CARRIED 5po. 3.5. Resolution A rovin Summa Publicad.on of Ordinance Q9-10 Relat~n to Social Hostin of Alcohol to Minors MOVED BY COUNCILMEMBER GUMPHREY ANI] SEC®NDED BY COUNCILMEMBER ~ERwAS TO ~®PT RESOLUTI®~ 09~C5 APPROVING NOTICE GF SUMMARY PUBLICATION OF ORDINANCE 09-10, AN ®RDINANCE AMENDING CHAPTER G OF THE ELI RIVER. CITY CODE OF ®RDINANCES RELATING TO SOCIAL HONING OF ALCOHOL TO MIN®RS. MOTION CARRIED 5~0. 4, .pen Mike Teresa Lentz,104G81~'2~1d Lane -Stated there have been numerous attempted bxeak~ins to hex home and asked Council that some preventative measures betaken. The attorney and the Police Department will meet with Ms. Lentz to determine what options are available. 5.1, Proclamation--Rob Dxeissi Da anua ~ 2010 Steve I]ittbenner, Fire and Ambulance Service -~ Reviewed the history and changes that have accurxed with the fire and ambulance service during Mr. Dxeissig's tenure with the department. He further recognized Mx. Dxeissig's wife Shirley fox the many years she has sacrificed fox hex husband to be with the department. He thanked Mr. Dreissig for his service to the department and the community, Mayor I~linzing read and presented the proclamation, Ms. Johnson stated Fire Chief Cunningham was unable to attend, but sends his congratulations, She further stated Mx, Dreissig was an officer in the department and she had the opportunity to work with him on the Fire Relief Association Board where serves as president, She thanked him and his wife for their many years of service on behalf of Council, city staff, and the community, G,1,A, Re uest b amen Enri ht fax Land Use Amendment from Urban Residential to Hi h Densi Residential lk Motel 13291 Hi hwa 10 Case No. LU 0902 -- Public Hea,~~~r G.1,B. Re uest b ames Enri ht far Zone Chan e from C3 Hi hwa Commercial to R4 Multi le Famil Residential lk Motel 13291 Hi hwa 10 Case No. ZC 09-02 ~- ~'ublrc .H''ea~ln Mx. Barnhart presented the staff report, He stated the property has constraints due to its configuration and highway access and would recommend the land use change to high density residential City Council Mnutes December 21, X009 Page 3 Mayor K1i.nzing opened the public hearing for both the land use and the zone change. There being no one to speak to these issues, Mayor I~linzing closed the public hearing. Councilmember Morin believed it was appropriate to change the land use and zoning but expressed concern with the easement access on the west side of the property if Mn/D4T were to close it. Mr, Barnhart stated he didn't expect the access to be closed. Mr, Beck recommended the following correction to the land use resolution finding. The word "commercial" replaced with "high density residential," MOVED BY C®UNCILMEMBER ~ERwAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 09tlG9 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM URBAN RESIDENTIAL TD HIGH DENSITY RESIDENTIAL, CASE NO. LU 09-02 wITH THE CORRECTION NOTED B'Y THE CITY ATTORNEY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED B'Y COUNCILMEMBER ~ERwAS TO ADOPT ORDINANCE 09-11 AMENDING THE CITY DF ELR RIVER ZONING MAP TO REDONE CERTAIN PROPERTIES TD R-4 HIGH DENSITY RESIDENTIAL, CASE NO. ~C 09-02. MOTION CARRIED 5tl0. G.2. Re uest b River of Life Church 21695 Elk Lake Road to Amend Existin Interim Use Permit for Tem ora Classrooms Office Public Hearin - Case Na, CU 09W22 -- ~'ublrc ~Iearlt~ Mr, Leeseberg presented the staff report. Mayor I~linzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY C®UNCILMEMBER wESTGAAD AND SECONDED BY CQUNCILMEMBER GUMPHREY TD APPROVE INTERIM USE PERMIT, CASE N®, CU Og~2Z wITH THE F®LLOwING C®NDITIONS: ~.. ALL THREE PORTABLE ®FFICE/CLASSROOMS SHALL EE REMOVED BY SEPTEMBER 1, 2013. 2. IF AN EXTENSION TO THE SEPTEMBER 1, 2013 DATE IS REQUIRED, THE APPLICANT SMALL APPLY FOR AN AMENDMENT TD 'THE IN'T'ERIM USE PERMIT, 3. THETOTAL SQUARE FOOTAGE OFALLTHREE PORTABLE OFFICES SHALL NOT EMCEED 2,750 SQUARE FEET. 4. IF THE LOCATION ®FANY OF THE PORTABLE OFFICE/CLASSR®OMS I5 CHANGED, THE APPLICANT SHALL APPLY FDR AN AMENDMENT TO THE INTERIM USE PERMIT. 5. ALL THREE PORTABLE OFFICE/CLASSROOMS SHALL MEET ALL BUILDI~1'G AND FIRE CODES. City Council Mnutes December Z1, 2DD9 Wage 4 b. THE PAVING GF THE PGRTIGN GF Z17TH AVENUE, AS REQUIRED BY THE GRIGINAL CUP FGR THE CHURCH, SHALL NGT BE REQUIRED AT THIS TIME. 7. SHGULD AN ACCESS DRIVE GNTG 27TH AVENUE BE CREATED AT ANY TIME, THE PGRTI®N GF Z17TH AVENUE FR.GM CGUNTY RGAD 1 T®FIFTY ~50~ FEET PAST THE ACCESS DRIVE SHALL BE PANED TG CITY STANDARDS. MGTIDN CARRIED 5d0. G.3. Consider Extendin Time for Meetin Wa e & ob Goals Under the Tax Abatement and Business Subsid A eement fo:r The Bank of Elk Rivet P.~o'ect -1'ubl~c ~Iea~x~r Ms, Mehelich presented the sta~~ xeport. Mayor Klinzing opened the public hewing. There being no one to speak to this issue, Mayor I~.li.nzing closed the public hewing, MGVED BY CGUNCILMEMBER GUMPHREY AND SECONDED BY CGUNCILMEMBER ~ER'WAS TG GRANT A T~WG YEAR ETENSIGN TG THE BAND ®F ELR RIVER FDR MEETING THE ~'JAGE AND JGB G®ALS AS OUTLINED IN THE TAB ABATEMENT AND BUSINESS SUBSIDY AGREEMENT. MGTIDN CARRIED 5-D. G.4. Consider Extendin Time fox Meet~n Wa e & ob Goals Under the Tax Abatement and Business Subsid A eement ~'ox Medical Extrusion Technolo 'es Pro'ect - .Pubic ~'ear~~ Ms, Mehelich presented the sta~~ report, Mayor I~linzing opened the public hearing. There being no one to speak to this issue, Mayor I~.inzing closed the public hearing, MGYED BY CGUNCILMEMBER M®TIN AND SEC®NDED BY CGUNCILMEMBER GUMPHREY TG GRANT A TWG YEAR E~TENSIGN TG MEDICAL ETRUSIGN TECHNGLGGIES FGR MEETING THE WAGE ANI] J®B GGALS AS GUTLINED IN THE TAB ABATEMENT AND BUSINESS SUBSIDY AGREEMENT. MGTIDN CARRIED 5r0. G.S. Re uest b Waste Mana ement lk Rtver Landfill inc. 224G0 Hi hwa IG9 to Amend Interim Use Permit ~'or Stora e Maintenance Buildin Case No, CU D9w24 -1'ublrc ~Ie Ms, Haug presented the staff report. Mayor Klinzing opened the public heari~ag. There being no one to speak to this issue, Mayox I~linzing closed the public hearing. MGVE17 BY CGUNCILMEMBER ~IESTGAARD AND SECGNDED BY CGUNCILMEMBER ~ERWAS TG APPRGV"E A 10 YEAR ETENSIGN TG INTERIM USE PERMIT, CASE N®. CU D7~~S 'WITH AN EPIRATI®N DATE GF DECEMBER 3I, 2D~9. MGTIDN CARRIED 5w0. City Council M~xautes Page 5 December 2~, ZOO9 G.G. Consider Prouosal for Snow Remova atement Se~ces Mr. Barnhart presented the staff report. There was discussion on the standard that is required to be met before the abatement process begins. Mar. Barnhart stated there is no specific measurement of snow fall set in ordinance and it would be at the discretion of the inspector. There was discussion on the service rate in the proposal, what it covers, and what the comparison is for surrounding communities. Ms, Johnson stated she saw an ad for the City o£ Zimmerman at AGO an hour with the snow removal to betaken care of by city staff. Council noted they would like to see a quantifiable standard established regarding the amount of snow on a sidewalk in order to keep the process objective but being the city had a reasonable nod.fication process they were fine with approving the proposal. MOVED B'Y C~UNCILMEMBER ~ERwA~ AND SECONDED BY' CDUNCZLMEMBER GUMPHREY TD ACCEPT THE ~~®'~ REMOVAL PROP®SAL FR~]M LI~RSDN COMPANIES FDR SN~w REMOVAL ABATEMENT SERVICES. MDTI~N CARRIED 5~0. G.7. VA Medical Clinic Discussion Mr. Leeseberg presented his staff report and stated a developer is requesting input from Council on the design of their proposed VA clinic at Elk Ridge Center. Staff believes the clinic design is close to matching the design standards for Elk Ridge Center. Council agreed that they liked the direcdon of the design proposed for the clinic as long as it meets the design standards for the Planned Unit Development. Councilmember Moon stated he would be okay with nzi.nianal deviations in the design standards for the VA clinic but not for any other possible developers who may choose Elk Ridge Center. Councilrnember Gumphrey disagreed and stated the design standards must be n~,et by the developer. Mayor z~linzing requested to move Ztem 7.5. due to the public in attendance for this item. 7.5. A rove Use of Landfrll Abatement Funds for the Elk River School District and Elk River Activitv_Cen~e~ Ms. Haug presented the staff report, Charlie Blesener, Early Childhood Family Education representative -Expressed excitement about the outdoor nature classroom and playground. He stated their goal is to get young kids involved interactively with the natural environment, MOVED BY CDUNCILMEMBER ZERwAS AND SECONDED B'Y C®U~CILMEMBER wEST~AA~RD T®APPRDVE THE USE DF LANDFILL ABATEMENT FUNDS FDR THE ~UTDD®R NATURE CLASSRDC~M AND PLAY~RCIUND AT HANDK,E CENTER AND F®R THE ELR RIVER City Council Minutes December 21, 2009 Page G .ACTIVITY CENTER AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 7.1. 2010 Fee Schedule, ~'ub1~c Hear Ordinance Ada tin Fee Schedule Resolution for Summa Publication of the Ordinance Ms. Allard presented the staff report. Mayor Z~inzing opened the public hearing. There being na one to speak to this issue, Mayox Klinzing closed the public hearing. The Council stated they would like a further review of the service availability charge calculations of surrounding communities, Ms. Johnson stated staff would bring this back for discussion at a future meeting. MOVED BY COUNCILMEMBER GUMPHREY AND SEC®NDED BY cOUNCILMEMBER ~ESTGAARD TO ADOPT ORDINANCE o~-1z ADOPTING THE X010 MASTER FEE SCHEDULE. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ~ERwA.S TO ADOPT RESOLUTI®~' 09-70 .APPROVING NOTICE OF SUMMARY' PUBLICATION OF GRDINANCE 09p1z AN ORDINANCE ADOPTING THE Z0I0 MASTER FEE SCHEDULE. MOTION CARRIED 5-0. 7.2, Service Availability Char~elSAC~_ 1, ordinance A~nendin Section 78-189 Service Availabili Char e 2. Resolution fox Summa Publication of ~e Ordinance Mr. Barnhart presented the staff report, MOVED BY C®UNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER wESTGAARD TO ADOPT ®RDINANCE 09x13 AMENDING SECTION 78-159, SERVICE AVAILABILITY CHARGE, OF THE CITY CODE OF ORDINANCES MOVED BY COUNCILMEMBER ~ERwAS AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION' 0971 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE 09-13 AN' ORDINANCE AMENDING SECTION 78-189, SERVICE AVAILABILITY CHARGE, ®F THE CITY CODE OF ORDINANCES. MOTION CARRIED 5-0. 7,3. EDAa HRA., and Libr,~ ary Board Aupointments Ms, Allard presented the staff report. Mayox T~linzing agreed with the appointments, City Council Minutes Page 7 December 2~, 2009 MOVED BY COUNCILMEMBER zERwAS AND SECONDED BY COUNCILMEMBER wESTGAARD T®MAI~E THE FOLLOwING~ APPOINTMENTS; PAT DwYER T® EC®~OMIC REVEL®PMENT AUTHORITY wITH A TERM EXPIRATION OF DECEMBER 31, 20I5. LOUSIE RUESTER TO THE HOUSING AND REDEVELOPMENT AUTHORITY wITH A TERM EXPIRATION OF DECEMBER 31g X014. JOHN DIETZ AND MICI3AEL HANGAARD TO THE LIBRARY BOARD wITH TERM E~PIRATI®NS OF DECEMBER 31, 2012. MOTI®N CARRIED 5~0. 7.4. Resolution Relatin to a Certificate of Coun Board off' Classif cation o~ Forfeited Lands as Described B Cha ter 38~ Laurs 1935 as .Amended S eci 'n the Parcels to be Sold Taken for Public Use and Taken for Public Pu ose Ms. Johnson presented the staff report. She noted Park Pointe residents may not realize the outlots in their development are in tax forfeiture and city staff would work to create a homeowners association regarding these parcels. Councilnaember Moon noted that one of the Qutlots in Park Pointe, which has an entrance building, is currently being used for storage and was concerned for safety and insurance if the city takes it over, Ms, Johnson noted the same concerns and stated the city staff will work to resolve those issues before taking ownership. MOVED B'Y COUNCILMEMBER M®TIN AND SECONDED BY COUNCILMEMBER wESTGAARD TO AD®PT RESOLUTION 0972 RELATING TO A CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS DESCRIBED BY CHAPTER 3SG, LAwS 1935 AS AMENDED SPECIFYING THE PARCELS TO BE SOLD, TAKEN F®R PUBLIC USES, AND TAKEN FOR PUBLIC PURPOSE. MOTION CARRIED 5~0. 7.6. A~uroval of 2010-2414 Capital Zm rave;ment Plan Mr. Simon presented the staff report, Councilmember Gumphrey expressed concern with the cost of the lights for the Qrono softball complex and past maintenance of them. He questioned if the associations could be charged some of the costs, Ms. Johnson stated she would check with the Parks and Recreation Director. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER wESTCAARD TO APROVE THE 2010tl2014 CAPITAL IMPR®VEMENT PLAN. MOTI®N CARRIED 5-0. City Council Minutes December 2~, 2009 Page $ 7.7, Resolution Authorizin the Issuance of General Gbli anon Bonds to Refiind Existin Debt for Interest Cast Savin s ~-1'ubl~c I~ear~~ Mr. Simon presented the staff report, Mark R.uf~, Ehlers and Associates --Stated the city's interest rates on the bond are less than 5 percent. He stated there is a I4 year lockout period on the bonds in order to give investors a chance to get their money back so the city can't prepay the bands until the end of 24I2 unless this advanced refunding method presents enough savings and can be used, He stated after tonight's public hearing the city has to allow 30 days ~anuary 21, 24I0} for any petition equal to 5% of the voters} that may come from citizens. Mayor I~linzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing, MOVED BY CGUNCILMEMBER MGTIN AND SECONDED BY CGUNCILMEMBER. WESTGAARD T®ADCPT RESGLUTI®N 09w73 GIVING PRELIMINARYAPPRCVAL FGR THE ISSUANCE CF GENERAL ®BLIGATIGN CAPITAL IMPROVEMENT PLAN B®NDS IN AN AMOUNT NCT ®T E~cEED ~~,ooa,ooa AND ADOPTING THE cITY ~F ELI RIVER, MINNESGT.A, CAPITAL IMPRGVEMENT PLAN FC~R 2010 THRGUGH 2O~4 UNDER MINNESOTA STATUTES, SECTIGN ~75.5Z1. MC~TIGN CARRIED 5P0. 7.$. 2049 Budget Amendments Mr. Simon presented the staff report, MOVED BY COUNCILMEMBER GUMPHREY AND SECQNDED BY COUNCILMEMBER WESTGAARD TD APROVE THE 2009 BUDGET AMENDENTS AS OUTLINED IN THE STAFF REPORT. M®TION CARRIED 5~0. 7.9. Call S ecial Meetin for Wednesda anua G 2010 for Pu ose of Conductin Public Works Director ~ntervieurs Ms. Johnson presented the staff report, MOVED BY CGUNCILMEMBER MOTIN AND SECGNDED BY C®UNCILMEMBER GUMPHREY TG CALL A SPECIAL MEETING FOR. WEDNESDAY, JANUARY G, 2009, .AT C:aO P.M. F®R THE PURP®SE OF C~JNDUCTING PUBLIC WORDS DIRECTOR INTERVIEWS. M®TION CARRIED 5m0. S. Other Business There was no ether Business, 9. Council Updates There were no Council Updates. City Council Minutes December 21, 2009 10, Staff U dates Page 9 SenatorVranken 1Vleetin~ Ms, Johnson noted staff, Mayor I~linzing, and Councilmember Moon would be meeting with Senator Franker to discuss local concerns and Issues such as transpo~tado~. .Fuel ~'urchase Mr. Simon stated the state fuel purchase contract came in at $2,09$9 for unleaded and $2.2354 for diesel, which should save the city approximately $60,000 off the 201.0 budgeted amounts, 11, Ad'ournment There being no further business, Mayor Z~linzing adjourned the meeting of the Elk River City Council at 8:05 p.m. ...~ Tina Allard, City Clerk Stepha I~linzing, Mayo