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02-08-2010 CCM JOINT`[ L ~ QTY ~ L HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MOfVY, F IJARY 8, 2010 Members Present; Mayor I~lin~ing, Councilmembers Zerwas, Motin, and ~Vestgaard. EDA Commissioners Dwyer and Touchette. Planning Commissioners Anderson, Bell X6:45 p.m.~, Jol~nson, Lemke, and Scott Members 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 Clerl~ Jessica Miller Also Present, Bruce Chamberlain and Bryan Harjes of Hoisington Koegler Group, Inc. 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:00 p.rn.. by Mayor I~lin~ing. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at G.oo 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 G:oO p.m. by President Dwyer. . Conn er Counc 2. ~ . , .....,.~ Agenda MOVED BY COUNCILMEMBER ZERWAS AND SEC®NDED BY COUNCILI~TEMBER WESTGA.ARD TO APPROVE THE AGENDA, MOTION CARRIED 5-0, 3. Consider Consent A„_ge~da MOVED BY COUNCILMEMBER WESTGA.ARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING C®NSENT AGENDA; 3.1. FEBRUARY 1, ZQ~4, REGULAR MEETING MINUTES 3,2, TRANSIENT MERCHANT LICENSE FOR SHIRLEY MADLAND TO SELL FLOWERS FROIlZ THE PARKING LOT OF CHARLIE BR®WN'S SHELL STATION, 335 LOWELL ST NW, DURING HOLIDAY WEE]~ENDS IN 2Q~.4, MOTION CARRIED 5-0. 4. ~ en Mike No one appeared for open mike. City Caunral Mjnutes February 8, 2010 Page ~ 5.1. 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, specifically 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 1Q converts to a freeway in the future. Bruce C1amberlain, Hoisington l~.oegler• Group Inc. ~Hr~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 important to resolve the transportation issues first. Mr. Chamberlain and Bryan Harjes, HI~Gi, reviewed a PowerPoint outlinixa.g three diffe~,•ent Highway 10 access scenarios. Two of tlae scenarios illustrate different stages of development -- a near-term intersectian stage and along-term interchange stage. EDA Commissioner Touchette reminded residents and business owners that Mn/DDT is planning for the closure of two medians on Highway 10 in 2012 tl~at the city does not Have control over. Mr. Chamberlain added that Mn/DST is also planning the extension of some turn lanes on Highway 1~. George Aridersou,16783 Yale St Nw - questioned if city sewer and water is planned for the area. Mr. Chamberlain stated those specifics are not part of tlae study. Rick Furth, Broadway Bar and Piz~a,16754 Highway 1D -questioned placement of the down ramps on the west side in Qption A. Mr. Chamberlain explained that in that option the dawn ramps are in front of Mr. r~urth's property. He added that he believes only an easement acquisition would be necessary, Steve Rohlf, representing Elk River Ford,1721$ 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 file better for most of the businesses. Mr. Rahlf indicated that all tlae benef is listed under option A apply to Qption C as well. He doesn't feel that Gption C was explored enough and would like to see these options revisited. Mayor I~linzing turned the discussion back to t11e elected and appointed off cials 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~terna effects of Option C. She added that funding from MN/DST is not available and a majority of the major changes p~.•oposed would not be implemented for many years. Councilmember westgaard questioned how many properties without buildings will have to be acquired in Qpdon ~ signal plan. Mr. Chamberlain replied that in that option the RV facility on the corner and some agricultural land next to it, Councihnember westgaard commented that he believes Gption C may have less impact on the property owners and he would like to review this option further. Mr. Chamberlain explained that HZ~.Gi is trying to come up with a plan that MN/DQT can work with. He stated MN/DST prefers moire separation and an interchange at 1G7~ Avenue will not satisfy their requirements, He added that if the requirements are not satisf ed they may move the interchange more to the south to the Cargill property. City Council Minutes February $, 2010 Page 3 Chad Lundquist, 17441 Highway 10 -indicated that was told by a MN/DDT representative that the interchanges would be at least 1.1 miles apart which leaves plenty of space for 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/DOT would also like to see the project affect more undeveloped property than developed property. Mr. Barnhart indicated t11at staff has consistendy been told by MN/DOT that they prefer intercl~anges at least one mile apart, He added that staff doesn't feel that option C meets the goals outlined. He added that staff is neutral on options A and B but feels that option A most closely matches the goals of the property owner petition received, mainly because it is closer to 1G7th Avenue. Joh~a ~leicht,109051715t 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 i.n the state use tight intersections and MN/DST does not hold cities to the G00 feet requirement. Les Lundquist, 17445 Highway 10 --stated that the city should stop spending money on plans because there is noway to know what will happen in the next 20 years. He suggested the plan be tabled and revisited in 510 years. Nor. Ens~nin~er,17505 Highway 10 ~ added that this plan loos an immediate impact on the marketability of the properties witlun the study area. Mayor 1~lira.zing 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. Councilrnember 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 in the future. Councilmember Zerwas agreed with Councilmember westgaard. 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 frnd a plan that works for existing businesses as well as future businesses. He added that Qptions A or B seem to fit and it needs to be determined which one makes the most sense. Scott Powell, Ells River Ford Dodge Jeep,17219 Highway 10 - explained leis biggest concern is that property owners have not been kept up to date. He added that property owners received the information less than Z4 hours before the meeting. He requested this item be tabled for 30 days in order to start over allowing residents to assist in the planning process. Mr. Barnhart responded by saying that six workshops have been held and three open houses in order to get property owners involved. He noted that the fast 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 February 8, 2D~0 Page 4 EDA, and Planning Commission the previous Friday. Mayor Klinzing asked if it was possible to get the information out a week ahead of time, Mr. Barnhart stated it was. Councilmember Moon indicated that Council and staff has taken into account public comment, He stated that MN/DST 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 reco~nznendations to the Council on plats, etc. He further stated that HI~Gi was hired to comprise a high level ~.•ansportation 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 Chair Scott indicated he agrees with Commissioner Lemke. He prefers option A because it is the best overall balance of the criteria outli.ried 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 leas less impact on businesses and residential. He added that MN/DST could position the interchange further to the south but the city is ~.•yifag to keep it as close to the businesses as possible. Planning Commissioner Anderson stated he prefers option A. Councilmember Gumplarey explained he is not prepared to make a decision this evening. He would life 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 lil~ed the idea of the street following the gas line. Mayor Klinzing 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 Qptions A and B. He believes ~ptian 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 tally 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 S, 2010 Page 5 There being no further business, President Dwyer and Chair Scott adjourned the meetings of the Ells River Economic Development authority and the Ells River Planning Commission at 7:55 p.m. Mayar I~linzing recessed the City Council meeting at 7:55 p.m. Mayor Klirizing called the meeting back to order at $:05 p.m. 5.2. Board Commission interviews The Council interviewed Energy City Commission applicant Tim Steinbeck, MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPOINT TIM STEINBECI~ AS AN ENERGYwRELATED BUSINESS REPRESENTATIVE TO THE ENERGY CITY COMMISSIOIiI' FOR A THREE-YEAR TERM TO EMPIRE FEBRUARY 28, 2413. MOTION CARRIED 5a0. The Council interviewed Parks and Recreation Commission applicant Mark ahlness. MOVED BY COUNCILMEMBER zERwAS AND SECONDED BY COUIiICILMEMBER MOTIN TO .APPOINT MARK AI-ILNESS TO THE PAR]~S AND RECREATION COMMISSION FOR ATHREE-YEAR TERM TO EMPIRE FEBRUARY 2S, 213. MOTION CARRIED 5-0. MOPED BY COUNCILMEMBER ZERwAS AND SECONDED BY COUNCILMEMBER wESTGAARD TO MATE THE FOLL®wING REAPPOINTMENTS ALL FOR THREE-YEAR TERMS TO EMPIRE FEBRUARY 2S, 2012; ENERGY CITY COMMISSION Bruce Sa lei Ener -related business re resentative Vance Zellrin er ERMU re resentative ICE ARENA COMMISSION Mark Malzahn Youth Hocke re resentative John Barth ISD #728 re resentative er Gum hie Council re resentative PLANNING COMMISSION Eric ohnson Paul Bell UTILITIES COMMISSION er Gum hie Council re resentative ._,._..,._.._ MOTION CARRIED 5-~. 5.3. Discuss EDa Commissioner Zssue Ms. Johnson reviewed her staff report, City Council Minutes Page G . February 8, 20I0 Councilinember Gurnphrey 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 w~.•onged staff and apologized for the message 11e left on Councilmernber Gumphfey's cell phone. Councilme~nber Gumphr•ey 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 ever~~one has lapses in judgment and that she wasn't looking for a resignation. Commissioner Touchette indicated it is in the Council's hands. Councilrnember Gumphrey stated lae will support wl~atever decision the Council makes. Councilrne:mber 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~lin~ing added that she won't accept Nh•. Touclaette's resignation either. Sloe stated that he has been dedicated and loyal to the Energy City Commission, EDA, and YMCA Board. She added that dae 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, Council.member westgaard explained he believes one doesn't always get a second chance and Mr. Touchette should tale 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 attorney. He stated he is not interested in seeing Mr. Touchette resign but would like him to take .responsibility for his actions through a letter of apology to those involved. Mr. Touchette explained that he was acting as a court ordered managing broker for the property and the people who employ laim we~•e not interested in going to court over this dispute because of the costs involved. He admitted he should have prevented the issue fforn escalating to the level it did. Councilmember Zerwas inclicated that those serving the city should be held to a higher standard. He stated that if Ivy, Touchette is willing to submit a letter of apology he would be honored to continue to serve alongside Mr. Touchette. City Council Minutes Page 7 February 8, 2010 Mr. Touchette stated he will prepare a letter of apology. He added that he would still like to see the policy Issue fixed. Councilnaember Gumphrey stated Mr. Touchette could discuss his issue with the Utilities Commission at their meeting tomorrow. 5.4, Cou~c~. Open Forum --- ., r..,,, .. There were no items for discussion under open forum. 6. ether Business There was no other business. 7. Council Updates Thexe were no Council updates. S, Staff Updates Ms. Johnson indicated that Duffy Development has received the Minnesota Housing Finance Agency ~MHFA} financing they applied for and staff is assuming the proposed development will move forward. 9. Adjournment Thew being no further business, Mayor I~linzing adjou~.~ned the meeting of the Elk River City Council at 8.55 p.m. Minutes prepared by Jessica Miller. fr d Tina Allard, City Clerk ~ . `.. 1 ~ t u~_ _ i ~ ~; 4 . Stepha ~ 'e I~linzing, Mayo ~~~