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4.1.b DRAFT MINUTES 03-01-2010~F ~ `Y r r L r M ~r r ~,~~~ Members Present: Mayor Klinzing, Cauncilmembers Ze~was, Motin, Westgaard, and Gumphrey Members Absent: None Sta~~ Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, City Clerk Tina Allard, Liquor Operations Manager Dave Potvin, Finance Director Tim Simon, and Environmental Administrator Rebecca Haug Also Present: Planning Commissioner Eric Johnson 1. Call Meetin To Order Pursuant to due call and notice thereof, the meeting o~ the Elk River City Council was called to order at G:34 p.m. by Mayor Klinzing, 2. Consider 211 x/2010 Agenda Mayor I~linzing added Code o~ Conduct discussion under Other Business. M+~VED BY C~UN~CILMEMBER VilESTGARRT) AND SECONDED BY C®UNCILMEMBER GUMPHRE'Y TG APPI~GVE THE AGENDA AS AMENI]ED. M~TIC~N CARRIED 5-~. 3. Consider Consent A enda MGVED BY C®UNCILMEMBER MGTIN ANT] SEC~NDET) BY C®UNCILMEMBER'~ESTGAART) TG APPRGVE THE FGLLG'~I'ING C®NSENT AGENT~A: ~.~. CHECR REGISTER AS GUTLINETa IN THE STAFF REP®RT. 3.2. RESGLUTIGN ZU~OG ACI~NO'~1'LEDGING CGNTRIBUTI~N T®THE CITY GF ELF T~IVER ~$~,0~0 FTtGM EAGLES CLUB FGR PARKS AND RECREATIGN PR®GRAMMING~. 3.3, STAFF T® PURSUE THE T)EFINITIGN GF "PARK" IN CITY ®RDINANCE. 3.4. SETTLEMENT KITH[ LERGY AND TItG'Y ANT)ERSGN FGR'THE PURCHASE GF ®UTLGT A, CHERR,YHILL BLUFF SECGND ADT)ITIGN AS ®UTLINED IN THE STAFF REPGRT. 3.5. SgLICITGI~ LICENSE T~ SHAUN STAHGVICH[, FR®NT LINE MARKETING VALID THRGUGH DECEMBER 3~, Z01U. MGTIGN CARRIED 5~0, City Council Minutes February 1 G, 2010 4. o en Mike Page 2 Dave urandt,19118 Tyler Street --Handed out a request and proposal regarding the 193~d Avenue improvement project. He expressed concerns with the visibility of an intersection. Staff will look into the issue and bring it back to Council in April. 5.1. Acknowled e Thank You From St. Andrew's Fourth Graders Ms. Johnson stated two fourth graders, their teachers, and their parents from St. Andrews dropped off thank you Valentine cards from the fourth grade classes to the City Council for the job they do for the city. She noted the city would submit a form to the random act of l~indness campaign, Mayor 1~linzing thanked the students for the cards. 5.2. Katla Heane Sherburne Coun Attorne - Review of Elk River Statistics Ms. Heaney reviewed office staff ng changes and crime statistics for the county, G.1. Re uest b Lakeland Pro ernes LLC ennis Shar for Conditional Use Permit for Mini- Stora Band Outdoor Stora e of Boats Gatewa Rd. Renner 4th addition Case No. CU 10- 01., Public,,,I-~earrr~~ Mr. Barnhart presented the staff report, He stated the application is consistent with the city's zoning ordinance. Mayor Klinzing opened the public hearing. Russell ~iost~~eba,15930 Jarvis Street - Stated he owns a storage facility near the applicant and asked that the Council be consistent in applying similar conditions he was required to follow when he applied for a conditional use permit a few years back. He specifically addressed outdoor storage, hours of operation, building materials, lighting, and garage doors facing the stfeet. He stated many of the items requested by the city were expensive for his business. He further stated if the applicant is allowed to have outdoor storage he would be back to Council to request outdoor storage at his business. Mayor I~linzing closed the public hearing. Council questioned the inconsistencies among the two businesses. Mr. Barnhart stated he is unsure why the lighting requirements are different, He stated lighting was not brought up during the review process. He stated there is a difference in philosophy with regards to the number of conditions and noted staff is not taping the policy of listing everything that could happen. He stated staff looked at what could be major issues during the operation of the business and limits the conditions to those issues. Mr. Barnhart also noted that there are different characteristics among the two businesses that may have reduced the number of conditions. He stated the city may have had a different stance on outside storage in 2003 because landscaping for screening and building design are more acceptable today. Council noted the following concerns: City Council Minutes February 1 G, 20 ~ 0 Page 3 Hours of operation outdoor storage; o Type of outdoor storage; renting space outdoors for boat storage verse storing equipment, o Setting timeframes for when outdoor storage would begin and need to be terminated based on build-out but also within a timeframe so if the buildings are not built, the storage would eventually end.lt was suggested that outdoor storage not be allowed for more tlaan five years. a Concern with tt~af£ic flow and safety. a Concern with the type of items that could beconsideredmini-storage, o Screening of storage. Denui~ Sharp, applicant -~ Stated he didn't feel they could ever eliminate outdoor storage. He further stated he would like to include additional electric or barbed wire fencing to prevent people from jumping over the fence, Councilmember westgaard questioned why the applicant needed five doors. Mr. Sharp stated the number and size of the doors may not be final. He stated it will depend on the boat sizes, He noted larger boats tend to bang up the sides of the doors. Concern was expressed regarding the inconsistencies in the conditions of the conditional use permits between the two businesses because it could create unfair competition. Mr. Beck noted if Council wanted to allow different hours and storage options for the current applicant, then Mr. I~osti~eba could seek an amendment to his conditional use permit. He further noted the Council has an obligation to maintain consistency and would need a reasonable basis to distinguish between the two businesses. Mr. Beck recoinrnended that the areas for outdoor storage locations be identified. MDVED ~Y CDU~CZLMEM~ER wESTG~AARD ADD SECONDED ~Y CDUI~TC~LMEMER ~UM~'HREY T~ CDNT~NU~ THIS ITEM TD MARCH 15, 201Q, MDTY®N CARRIED 5-0, 6.2. Re uest b Flowers Plus 515-520 Free ort Avenue for Ordinance A rovin Zone Chan~~ PUD,,,,to C3,__Case No,_ZC 10,,,:01, Publ,~c Hear~~z~ Mr. Leeseberg presented the staff report, Mayor Klinzing opened the public hearing. Cindy Delorum 518 Freeport Street - Stated a portion of the building has been for sale since October 2007, She stated there has been no interest in a hardware store at this location. She stated she entered into a lease agreement with The Gym in January 2009 but noted they were denied a building permit for a sign. She further stated they would life to install showers but that the permits are dependent upon this zoning application consideration. She further noted the ti.~ning is very important for her business. Rich Shultz, owner of building at 510 Freeport Street -- Stated he is in favor of the applicant getting the tenant in her building as soon as possible but opposes converting the City Council Minu#es Febzua~y ~ G, 20 ~ 0 Page 4 building from a PUD to a C3 zone change. He suggested that exception #14 be xemoved from the PUD requirements. Mayor Klinzing closed the public hearing. Mayor K.1i.nzing questioned why the PL1D couldn't be amended to eliminate exception #14 and why staff didn't consider this approach because it would've been easier. Mr. Leeseberg stated the applicant didn't submit an application to amend the PUD but rather to rezone to C3. He stated she could re-apply for a PUD but the timeframe would be extended due to public hearing notice requirements. Mr, Leeseberg stated it would have been easier to amend the PUD but didn't feel it was the correct solution from an overall planning process. The Council disagreed since they already decided to review the entire area at a previous meeting. Council noted they didn't want to hold the applicant up but stated they would like to see the PUD amended. Mr. Beck noted that the city would need to follow procedure in order to amend the PUD, He suggested making a motion to deny the request and direct staff to amend the PUD so the applicant would not need to re-apply. He stated Council could direct staff to authorize the building permits but the building couldn't be occupied until the PUD amendment was approved, M®VED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TD DENY THE REQUEST TO AMEND THE CITY OF ELR RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES, AS DESCRIBED, PER CASE NO. ZC 10-41 FROM PUD TD C3. M®TI®N CARRIED 5r0, MOVED BY COUNCILMEMBER ZERwAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO DIRECT STAFF TO AMEND THE ELF RIVER PLAZA PLANNED UNIT DEVELOPMENT AGREEMENT TG REMOVE THE RESTRICTION ON THE USE FOR. PARCEL L AND TD ISSUE BUILDING PERMITS TD THE GYM LOCATED AT 51~-5ZQ FREEPORT STREET, MOTION CARRIED 5-D. 6.3. Re uest for Conditional Use Permit and License Amendment b Waste Mana ement for Elk River Landfill Case, No. CU,-~„0-02, Publlc~~e Ms. Haug presented the staff report, She reviewed the proposed changes to the conditional use permit and the solid waste facility license as noted in her report. Mayor I~linzing opened the public hearing, Deb waltet~s, Ells River Landfill representative, 22460 Highway IG9 -~ Stated she agreed with staffs changes on all items, S11e stated she disagreed with Item # I ~i} in the draft resolution approving the application of Elk River Landfill, Inc. for an amended conditional use permit and license for the existing Elk River Landfill because it is currently pending in court as a legal is sue. City Council Minutes February 16, 200 Page 5 De~~,~s Br~tler,12516 225th Court -- Questioned if the applicant's request would prolong the life span of the landfill because if it did, he would be opposed to it. Ms, Haug stated the application for the conditional use permit and the solid waste facility license does not grant the landfill any approvals for an expansion. Mayor Z~linzing closed the public hearing. Mr. Beck stated the Council can approve the resolution as it was drafted and noted the landfill doesn't have to agree to it for the Council to approve it. He stated it is in the Council's findings of fact and the landfill is not required to agree to it MOVED BY COUNCILMEMBER ~ERwAS .AND SECONDED BV COUNCILMEMBER WESTGAARD TO APPROVE AN AMENDED CONDITIONAL USE PERMIT TD'~'ASTE MANAGEMENT FOR THE ELI RIVER LANDFILL, CASE NO. CU 10-1Z AS OUTLINED IN THE STAFF REPORT AND TG ADOPT RESOLUTION 10-~7 APPROVING THE APPLICATION OF ELI RIVER LANDFILL, INC. FOR AN AMENDED CONDITIONAL USE PERMIT AND LICENSE FOR THE EXISTING ELI RIVER LANDFILL. MOTION CARRIED 5-~Q. MOVED B'Y COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER V~IESTGAARD TO APPROVE THE AMENDMENTS TO THE ELI RIVER LANDFILL'S SOLID WASTE FACILITY LICENSE wITH MODIFICATIONS AS OUTLINED IN THE STAFF REPORT AND RESOLUTION 14-47. MOTION CARRIED 5-0. G.4. Re uest b Ci of Elk River for Grdinance Amendment Relatin to the Rezonin of Certain Pro er From AI A ricultural Conservation to R1a Sin le Famil Residential Case No. ZC IO-02, Public Hearrt~~ Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 10-01 AMENDING THE CITY OF ELI RIVER BONING MAP TO REDONE CERTAIN PROPERTIES AS DESCRIBED, CASE N®. ~C 10-U~, MOTION CARRIED 5-0. G.S.A. Stormwater Grant Update Ms. Haug stated the Sherburne County Soil & water Conservation District has received two grants and would be interested in partnering with the city on projects. She stated the stormw water grand includes three projects that are being reviewed by staff; the old Northbound Liquor site at TH 1G9 and Main Street and two other locations she couldn't disclose until she was able to talk with property owners to gauge their interest in participating. She stated the grant is for $25,000 with the city providing an in-bind match of $14,000. She noted these grants are through the clean water grant program. City Council Minutes February ~ 6, ZO ~ 0 Page G She stated the second grant is offering $50,00 in giant funds to communities in Sherburne County, She noted Elk River and St, Cloud were the only two communities to express interest in these funds, She stated formal commitment is needed from Council to partner on this grant, She stated a 35% match would be required which could be cash or in-kind. She stated she didn't have a lot of details on the grant at this time but noted a focus far the funds could be on unpaired waters for the Mississippi River, older parts of the community ox Council could offer suggestions. She further noted these grants would take care of MS4 requirements of the City's NPDES permit. Councilmenaber Zerwas noted that the Lake Orono Association may be interested in participating in a project. MGVED BY CGUNCILMEMBER ~ERwAS AND SECGNDED BY CGUNCILMEMBETZ wESTGAATiD TG PARTNER wITH TIDE STGRMwATER CGNSERVATIGN DISTRICT FGRTLIE TwG GRANT APPLTCATIGNS, MGTIGN CARRIED 5-0, G.S.B Ener~v Expo Ms. Haug stated the Initiative Foundation is willing to grant X1,000 for use at the Energy Expo and formal Council action is required if the city is willing to work with the Initiative Foundation. MGVED BY CGUNCILMEMBER wESTGAARD AND SECGNDED BY CGUNCILMEMBEIt GUMPHREY TO PARTNETi. wITH Tk~E INTTATIVE F®UNDATI®N FGRTHCE ENERGY E~PG, M®TIGN CARRIED 5-0, 7.1. Future Lt , ~ ,_,,,,.,...,, ffin~ _ quo Store Sta Mr. Patvin presented the staff report. MGVED BY CGUN'CILMEMBER MGTIN AND SECGNDED BY CGUNCILMEMBER GUIVIPT-II~EY TG .AUTI~DRIZE ADVERTISING ®F A. 3~ H®UR PER wEEI~ I'ART~TIME PGSITI®N AT wESTB®UND LIQUGR STORE .AND TD PRGNIGTE J®ANN WARREN TG FULL TIME LIQUOR STGRE CLERK EFFECTIVE APRIL 1, 2014. MGTIGN CARRIED 5pQ, Councilmember westgaard clarified that Mr. Donais is retiring from the city on good terms and clarified that the memo mention of severance is accrued liabilitiesSick/vacation payout. Ms. Johnson noted the city will greatly miss Mr. Donais 8. Other Business Code of Conduct Mayor Klinzing suggested discussing a code of conduct for Council, Commission, and staff at a future worksession meeting. She noted many cities have them and distributed sample documents, City Council Minutes Februa~r 16, 2Q1o ----------------------------- Page 7 Councilmember Moon stated he was okay with reviewing them but was concerned the adoption of a code of conduct would limit discussion. He also noted that staff conduct may be addressed in the Personnel Manual. Mayor Klinzing stated she didn't want to be too restrictive but has concerns fox the office served by members and noted the recent issue with an EDA commissioner. She stated she would like to see a policy that would need to be signed by commissioners, Councilmember Zerwas stated he would be willing to review a code of conduct for Commissioners but felt Councilmembers were laeld to a standard set by constituents, Ms, Johnson stated Council could give additional requirements to staff regarding conduct. She also stated the Board and Commission Handbool~ addresses statutory provisions such as the gift or open meeting law. Mr, Beck stated there is a code of ethics section in the city code, This item will be added to the March worksession agenda, Gumphrey "ravel Councilmember Gumphrey noted he would be leaving for Washington for the Elk River Municipal Utilities and questioned if Council ox staff had issues they would like discussed with legislators. Ms. Johnson mentioned a request for appropriations. 9. Council Updates Councilmember Zerwas noted he would be unable to attend the March 1 Council meeting, 10. Staff Updates .FAST' Ms. Johnson noted the Focus Area Study would be on the March I Council agenda and would be held in Council Chambers in order for the public to view it on cable. Budget update Ms. Johnson provided an update on the Governor's budget proposal. She noted the Sherburne Wright Cable Commission would be giving three quarters of franchise fees approximately $I20,000} back to member cities. ~`.H ~ G9 ~' .fain Street I'ropery (old Northbound) Ms. Johnson stated the Street Division would begin to remove the Northbound Liquor building soon. 11. Ad'ournment There being no further business, Mayor I~linzing adjourned the meeting of the Elk River City Council at 5:20 p.m. She further stated tlae City Council will go into a Closed Session pursuant to MN Statute 13D.05, subd. 3 for the performance evaluation of City Administrator Lori Johnson City Council Minutes February 1 C, 2010 Tina Allard, City Clerk Page 8 Stephanie Klinzing, Mayor