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4.1.a DRAFT MINUTES 03/01/2010Members Absent; EDA Commissioner Tveite, Planning Commissioner Ives Staff Present; City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Director of Economic Development Catherine Mehelich, Economic Development Assistant Annie Deckert, and Executive Secretary/Deputy City Clerk Jessica Miller Also Present; Bruce Chamberlain and Bryan Harjes of Hoisington I~oegler Grou ,Inc, p 1. Call Meetin To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council eras called to order at G;00 p.m, by Mayor Z~linzing. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at ~;00 p.m, by Chair Scott, Pursuant to due call and notice thereof, the meeting of the Elk River Economic Development Authority was called back to order at b:00 p.m. by President Dwyer. ~. Consider Council A enda MOVED BY CDUNCILMEMBER ~ERVUAS AND SECGNDED BY CDUNCILMEMBERwESTGAARD TG A.PPR~VE THE AGENDA. MGTIGN CARRIED 5~0. 3, Consider Consent A enda MGVED BY C®UNCILMEMBER wESTGAARD A.ND SECGNDED BY CGUNCILMEMBER MC~TIN TC~ APPRQVE THE F~LLC~wING CONSENT AGENDA,: 3.1. FEBRUARY ~, 20.0, REGULAR MEETING MINUTES 3.2. TRANSIENT MERCHANT LICENSE FC~R SHIRLEY MADLAND TO SELL FL~wERS FRGM THE PARKING LGT GF CHARLIE BR~wN'S SHELL STATIGN, 335 LGwELL ST N~1, DURING HOLIDAY wEE]CiENDS IN 201. MOTI®N CARRIED 5~0. 4, ~ en Mike No one appeared for apen mike, City Council Minutes Page 2 February 8, 2010 ~.1. Focus Area Stud - oint Meetin with EDA and Plannin Commission Mr. Barnhart stated that the purpose of this meeting is to identify the preferred transportation network, specif cally the location of the new intersection/interchange on Highway 10, and the preferred routing of the frontage roads that will provide access to local properties now and when Highway 10 converts to a freeway in the future. Bruce Chamberlain, Hoisington I~oegler Group Inc. ~HI~Gi~ explained that the time since the last meeting has been devoted to working through access and circulation alternatives. He stated that determining future land use will be driven largely by access; therefore, it is rmportant to resolve the transportation issues first. Mr. Chamberlain and Bryan Harjes, HI~Gi, reviewed a PowerPoint outlining three different Highway 10 access scenarios. Two of the scenarios illustrate different stages of development -- a near-term intersection stage and along-term interchange stage, EDA Commissioner Touchette reminded residents and business owners that Mn/DOT is planning for the closure of two medians on Highway 10 in 2012 that the city does not have control over. Mr. Chamberlain added that Mn/DOT is also planning the extension of some turn lanes on Highway 10. George Ander~o:n,1 G783 Yale St NW -questioned if city sewer and water is planned for the area. Mr. Chamberlain stated those specifics are not part of the study. Eck Furth, Broadway Bar and Pizza,16754~ Highway 10 -questioned placement of the down ramps on the west side in Option A. Mr. Chamberlain explained that in that option the down ramps are in front of Mr. Kurth's property. He added that he believes only an easement acquisition would be necessary, Steve Rohlf, representing Elk River Ford,1~218 Highway 10 -indicated that he believes the city Gateway property is the main focus of the study. He offered variations to Options B and C, He stated the further north the intersection lies the better for most of the businesses. Mr. Rohlf indicated that all the beneffts listed under Option A apply to Option C as well. He doesn't feel that Option C was explored enough and would like to see these options revisited. Mayor Klinzing turned the discussion back to the elected and appointed officials for direction. She stated that the extension of Twin Lakes Parkway as a thru fare makes sense. She agreed with studying the short-term and long-term effects of option C. She added that funding from MN/DOT is not available and a majority of the major changes proposed would not be implemented for many years. Councilmember westgaard questioned how many properties without buildings will have to be acquired in Option A signal plan. Mr. Chamberlain replied that in that option the RV facility on the corner and some agricultural land next to it. Councilme:mber westgaard commented that he believes Option C may have less impact on the property owners and he would life to review this option further. Mr. Chamberlain explained that HKGi is trying to come up with a plan that MN/DOT can work with, He stated MN/DOT prefers more separation and an interchange at 1G7~ Avenue will not satisfy their requirements, He added that if the requirements are not satisfied they may :move the interchange more to the south to the Cargill property. City Council Minutes February 8, 200 Page 3 Chad Lundquist, 17441 Highway 10 --indicated that was told by a MN/DQT representative that the interchanges would be at least 1.1 miles apart which leaves plenty of space fox the necessary seperation. Mr. Chamberlain stated that he has been in contact with MN/DST and they will not consider an interchange at Yale Street because it pushes their distance requirements. He added that MN/DaT would also like to see the project affect more undeveloped property than developed property. Mr. Barnhart indicated that staff has consistently been told by MN/DQT that they prefer interchanges at least one mile apart. He added that staff doesn't feel that Qption C meets the goals outlined. He added that staff is neutral on Options A and B but feels that Qption A most closely matches the goals of the property owner petition received, mainly because it is closer to 167th Avenue. john weicht,10908171~t Avenue--has issues with all of the plans presented, He stated that using tight intersections would solve all of the problems. He added that many communities in the state use tight intersections and MN/DOT does not hold cities to the 600 feet requirement. Les Lundquist, 17445 Highway 10 --stated that the city should stop spending money on plans because there is no way to know what will happen in the next 20 years. He suggested the plan be tabled and revisited in 5-10 years. Mr. ~ns~nin~er,17505 Highway 10 -added that this plan has an immediate impact on the marketability of the properties within the study area. Mayor I~linzing stated that is why a decision needs to be made so property owners are not in limbo, Mr. Chamberlain explained that Highway 10 is consistently changing which also effects marketability of properties within the area. He added that there is greater uncertainty without moving forward. Councilmember westgaard noted that the city will save money in the long-term by doing the study now as the cost to acquire properties will only increase i.n the future. Councilmembex Zerwas agreed with Councilmember ~lestgaard, He explained that the Highway 169 transportation plan affected some relatively new businesses and the question that was raised by some of those businesses was "why didn't you have a plan". He stated the goal is to f:~d a plan that works fox existing businesses as well as future businesses. He added that Optians A or B seem to f t and it needs to be determined which one makes the mast sense, Scott Powell, Elk diver Ford Dodge Jeep,17219 Highway 10 ~-explained his biggest concexn is that property owners have not been kept up to date. He added that property owners received the information less than 24 hours befoxe the meeting, He requested this item be tabled f ox 30 days in axdex to start over allowing residents to assist in the planning process. Mr. Barnhart responded by saying that six workshops have been held and theee open houses in order to get property owners involved, He noted that the first few workshops had low attendance. He stated that staff has done their best to get the information out to the property owners, but if there is a way to improve the communication let staff know, He added that the property owners received the information at the same time as the Council, City Council Minutes Page 4 Februa~r 8, 200 EDA, and Planning Commission the previous Friday. Mayor I~linzing asked if it was possible to get the information out a week ahead of time. Mr. Barnhart stated it was. Councilmember Morin indicated that Council and staff has taken into account public comment. He stated that MN/DOT is currently planning on closing some crossovers on Highway ~0 and the worst thing the city could do would be not to plan. He added that he does not prefer Option C, Planning Commissioner Lemke stated that he appreciates that the city is planning as it allows the Planning Commission to make educated recommendations to the Council on plats, etc. He further stated that HI~Gi was hired to comprise a high level transportation plan and it would be irresponsible of them to bother with minor details that can be worked out at the time the interchange is actually planned. Planning Char Scott indicated he agrees with Commissioner Lemke, He prefers Option A because it is the best overall balance of the criteria outlined at the beginning of the process. EDA Commissioner Touchette likes Option A because it splits the distance and flows better all the way around. EDA President Dwyer indicated he prefers Option A because it has less impact on businesses and residential. He added that MN/DOT could position the interchange further to the south but the city is tt~ring to keep it as close to the businesses as possible. Planning Commissioner Anderson stated he prefers Option A. Councilmember Gumphrey explained he is not prepared to make a decision this evening. He would like to see Option C explored further as well as the option of following the gas line. Councilmember Zerwas indicated that he likes elements of Option A. He also indicated he sees short term issues with Option C but would like to see that option visited more in depth. He would like to see the interchanges pushed as far north as possible and liked the idea of the street following the gas line. Mayor I~linzing stated she would also life to see Option C explored further, She added that she would like to see a signal just south of Broadway Pizza as she feels that is a dangerous area, Councilmember Morin indicated he is going back and forth between Options A and B, He believes Option C will affect businesses too much but agreed that he would like to see it explored further, He added that Option A may be too close to the existing development. He agreed with trying to work the road along the gas line, Mayor Klinzing explained that there has been some talk about the city focusing only on the city-owned Gateway property, She stated that the city is not focusing on the city property to the detriment of others, Mr. Barnhart announced no further meetings have been scheduled. He will review upcoming agendas and anticipates revising this issue sometime in March. City Council Minutes February $, 201 Q Page 5 There being no Euxther business, President Dwyer and Chair Scott ad'ourned the meetin s of the Elk l~.ver Economic Develo m ~ g p ent Authority and the Elk Rawer Planning Commission at .5 p.rn. Mayor I~linzing recessed the City Council meeting at 7;55 p.m. Ma or I~linzin called the meetin back to order at $;05 ,m. Y g g p 5.2. Board/Comm~ss~on Interviews The Council interviewed Energy City Commission applicant Tim Steinbeck, M®VED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUIW'CILMEMBER ZERw.AS TOAPPOINT TIM STEINBEC]K .AS AN ENER.GYpRELATED BUSINESS REPRESENTATIVE TO THE ENERGY CITY cOMMrsSION FOR A THREE~YEAR TERM TO EMPIRE FEBRUARY Z$ ZOI3. MOTI®N CARRIED 5-0, ' The Cauncil interviewed Parks and Recreation Commission applicant Mark Ahlness. MOVED BY COUNCILMEMBER ZERwAS AND SECONDED BY COUNCILMEMBER MOTIN T®APPOINT MARK AHLNESS TO THE PAR)~S AND RECREATION COMMISSION FORA THREEaYEAR TERM T4 EMPIRE FEBRUARY 2S, 20I~, MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERwAS AND SECONDEI] BY C®UNCILMEMBER WESTGAARD T®MARE THE FOLLOWING REAPPOINTMENTS .ALL FOR THREE~YEAR TERMS TO EMPIRE FEBRUARY 2S, 20I2: ENERGY CITY COMMrSSION Bruce Sa ler Ener related business re resentative Vance Zehringer ERMU representative rCE ARENA COMMISSION Mark Malzahn Youth Hocke re resentative John Barth ISD #72$ re resentative er Gum hrey Council representative PLANNING COMMISSION Eric ohnson Paul Bell UTILITIES COMMISSION Gumphrey Council representative MOTION CARRIED 5p0, 5.3, Discuss EDA Commissioner Issue Ms, Johnson reviewed her sta~'f report, City Council Minutes February S, 2010 Page 6 Councilmember Gumphrey stated that comments From ERMU Commissioners, employees, and City Attorney Peter Beck have been provided for Council review. He indicated he believes the issue is apparent and asked for Commissioner Touchette's resignation. Mr. Touchette distributed a handout outlining facts he believes were left out of the above mentioned comments. He reviewed these items with the Council. Mr. Touchette then distributed and read a letter of resignation. He stated that he still feels he was wronged and would like to see the problem fixed. He added that he is sorry if he wronged staff and apologized for the message he left on Councilmember Gumphrey's cell phone. Cauncilmember Gumphrey explained that this does not have to do with the message left by Mr. Touchette on his voice mail. He indicated his Issue is about how ERMU staff was treated by Mr. Touchette. Mayor I~linzing stated that everyone has lapses in judgment and that she wasn't looking for a resignation, Commissioner Touchette indicated it is in the Council's hands. Councilmember Gumphrey stated he will support whatever decision the Council makes Councilrnember Motin stated he will not accept Mr. Touchette's resignation. He believes something is wrong in the ERMU policy that needs to be fixed. He noted that the issue should be discussed with the Utility Commission. Mayor I~linzing added that she won't accept iVfr. Touchette's resignation either. She stated that he has been dedicated and loyal to the Energy City Commission, EDA, and YMCA Board. She added that the apologies Mr. Touchette has offered should be accepted so this item can move forward. She agreed that it appears there is a problem with the process at ERMU. Councilmember Westgaard explained he believes one doesn't always get a second chance and Mr. Touchette should take responsibility for his actions. He added that there is a process through the court system to resolve disputes such as this. He indicated that he appreciates Mr. Touchette's passion but has a problem when it boils over into personal attacks against staff and the city attoxney. He stated he is not interested in seeing Mar, Touchette resign but would hke hina to take responsibility for his actions through a letter of apology to those involved. N.lr. Touchette explained that he was acting as a court ordered managing broker far the property and the people who employ him were not interested in going to court over this dispute because of the costs involved. He admitted he should have prevented the issue from escalating to the level it did. Councilmember Zerwas indicated that those serving the city should be held to a higher standard. He stated that ~f Mr. Touchette is willing to submit a letter of apology he would be honored to continue to serve alongside Mr. Touchette. City Council Mnutes Feb~ua~y $, ~0~ 0 Page 7 N1r. Touchette stated he will pxepare a letter of apology. He added that he would still like to see the policy issue Fixed, Gouncilmember Gumphrey stated Mr. Touchette could discuss his issue with the Utilities Commission at them meeting tomorrow. 5.4. Council Open Forum There were no items for discussion unde.~ open forum. 6. Other Business There was no other business. 7. Council Uudates There were no Council updates. 8. Staff Updates Ms. Johnson indicated that Duffy Development has received the Minnesota Housing Finance Agency ~MF-IFA} financing they applied for and stai:'f is assuming the proposed development will move forward. ~. Ad1 ournment There being no further business, Mayor Z~linzing adjourned the meeting of the Elk River City Council at 8:55 p,m, Minutes prepared by Jessica Miller. Tina Allard, City Clexk Stephanie i~lin~ing, Mayor