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3.1. DRAFT MINUTES 030110~, ..;~; MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH I, 2010 Members Present: Mayor Klinzing, Councilmembers Westgaard, Gumphrey, and Motin EDA Commissioners Dwyer and Touchette Planning Commissioners Anderson, Bell, Johnson, Ives, Scott and Westberg Members Absent: Councilmember Zerwas EDA Commissioner Tveite Planning Commissioner Lemke. Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Director of Economic Development Catherine Mehelich, and Senior Administrative Assistant Jennifer Johnson Also Present: Bruce Chamberlain and Bryan Harjes of Hoisington Koegler Group, Inc. 1. Call Meeting 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 Klinzing. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Scott. Pursuant to due call and notice thereof, the meeting of the Elk River Economic Development Authority was called to order at 6:30 p.m. by President Dwyer. 2. joint Meeting with Economic Development Authority and Planning Commission to Discuss the Focused Area Studv Mr. Barnhart introduced HKGi staff member Bruce Chamberlain, who provided a brief introduction of the three plans presented. HKGi staff member Bryan Harjes went over each option in detail. Mr. Chamberlain went over a comparison of the options and how they impact existing properties and traffic patterns. Steve Rohlf, 12821 - 1$8t" Avenue, presented and read a memorandum. He expressed concern with not including a geometric study. He asked the Council to do one of the following: 1. Adopt the Focused Area Study and issue a statement that they would like the interchange as far north as possible and to contact Mn/DOT to begin a geometric study to finalize interchange details; or 2. Place the study on hold and work with Mn/DOT to expand the scope of their study of Highways 10 and 169 to include this area and again ask the intersection be placed as far north as practical to limit disruption. City Council Minutes March 1, 2010 Page 2 John Weicht, 13880 Islandview Drive, presented a letter with his ideas for a plan. He also presented a drawing proposing a `tight' intersection and felt this type of intersection would take less undeveloped land away from property owners. He stated he disagreed with the figures the staff from HKGi presented and asked that this study be rejected and a geometric study completed. Todd McLouth, Oliver & Associates, 580 Dodge Avenue, indicated he was hired by Mr. Weicht and discussed the drawing of the intersection that Mr. Weicht presented. He indicated the plan was called a single point interchange and stated all traffic movements are controlled by one traffic light. He indicated this interchange would be more compact than the diamond interchange and have less land impact by about 400'. He stated he felt this type of plan would have less of an impact on wetland areas. He asked the City to consider this option with the other options presented. Councilmember Gumphrey asked Mr. McLouth if he knew the cost difference between a single point interchange and a diamond interchange. Mr. McLouth stated a typical diamond interchange would cost approximately $8-10 million dollars and the cost for a single point interchange recently cost the City of Otsego approximately $12-14 million dollars. Commissioner Touchette stated he feels this type of plan would require more elevation changes, and cited the example of Hwy. 101 and the lack of visibility to the adjoining businesses due to the retaining walls. Mr. Weicht believed the plan for Highway 10 was to lower the road 10', so in this instance, you would still have good visibility of the businesses by using a single point interchange. Councilmember Westgaard stated the study wasn't to determine the type of interchange, it was more about land use, traffic circulation, and the relationship between the east and west side of Highway 10. He would like to have a geometric study done as the next step in the process. He doesn't want this plan to impact existing businesses and he would like to see the intersection as far north as possible. President Dwyer asked about a geometric study. Mr. Barnhart stated it is an in-depth engineering analysis which determines how roads are designed and placed, environmental impacts, grading; going into significant detail. Recently, a geometric study completed for Highway 169 was $1 million dollars and a study for Highway 10 was $.5 million dollars. President Dwyer asked how the project was initiated. Mr. Barnhart stated it is technically Mn/DOT's project but the City pays a portion or all of the cost. President Dwyer asked if the City would lose control of the design of the plan by having Mn/DOT in control. Mr. Barnhart stated it is possible the final plan may be changed and stated the final plan might end up being a combination of all three plans. He stated Mn/DOT would gain City Council Minutes Page 3 March 1, 2010 ----------------------------- control of it and ultimately the City has to give them an idea of what it wants to see as the next step. Chad Lundquist, 12551 - 225~h Court, stated he felt frustrated with the length of time this study was taking and the amount of money spent. He asked if Highway 10 could be used as a frontage road instead of acquiring land, which he felt would be less costly. Mr. Barnhart stated he wasn't sure how much money the first phase of the study cost, but the second phase cost approximately $40,000. Commissioner Touchette stated both phases of the study covered more than the planned interchanges. Councilmember Motin stated the decision to do a particular type of interchange wouldn't be decided tonight. He felt that decision was a lower priority than the overall study, stating the Highway 10 and 169 plans were more critical. He stated the City needs to not only consider the current landowners but to consider who might be here in 30 years. He stated he prefers Option B. Councilmember Gumphrey stated he agrees with Councilmember Motin. He stated the City has been criticized in the past for not having a plan. He feels Option B is the right answer and feels a geometric study should be completed when Mn/DOT determines where they will put an interchange. He also stated he would not support an increase in property taxes to help pay for a geometric study. Mr. Weicht stated without a geometric study, he would not be spending any money on his property. He felt his land is worth nothing unless the City decides on a plan. Mayor Klinzing stated there is no money in Mn/DOT's budget for any new projects and the City would definitely have to pay for any projects themselves. President Dwyer stated the City needs to decide on a plan. Mayor Klinzing agreed with President Dwyer, stating deciding on a plan would allow Mn/DOT to be aware of what the City wants. Her main goal is to find a plan that will impact the area in the least amount. She stated the City should make a statement to Mn/DOT that they would like the intersection as far north as possible. Mr. Barnhart stated that ultimately the plan is to only do things once and take everything into consideration now as businesses will make decisions based upon where lights and traffic patterns are placed. Mayor Klinzing feels option A is the best option. Councilmember Westgaard stated choosing Option A wouldn't allow both sides of Highway 10 to line up. He stated the study was about the west side of Highway 10 and how the first phase impacted the west side. He stressed the need to keep residential and commercial traffic separate. He would like to see streets lined up. He stated this study is more than just where to locate an interchange. He stated there is more control over Option A & C and he isn't interested in spending any money now for a geometric study. City Council Minutes March 1, 2010 Page 4 Councilmember Gumphrey reiterated his choice of Option A or B, stating the interchange will be dictated when the money becomes available. He also agreed that the land use portion of this project still hasn't been discussed. Mr. Barnhart stated once an option is chosen, then they can continue the discussion about land use. Mayor Klinzing stated she would like to find out a price of a geometric study and would like to invite Mn/DOT representatives to a future meeting. Mr. Weicht asked the council to table this discussion for a month so he can pay for an engineer to meet with Mn/DOT to get some input from them. Mayor Klinzing stated a decision would be made this evening. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE SIGNAL OPTION A AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. There being no further business, President Dwyer and Chair Scott adjourned the meetings of the Elk River Economic Development Authority and the Elk River Planning Commission at 7:51 p.m. Mayor Klinzing recessed the City Council meeting at 7:52 p.m. Mayor K]inzing called the meeting back to order at 8:00 p.m. 3. Consider 03/01 /2010 A eg nda Counciltnember Motin asked that an item be added after 6.1. regarding the road and surface on County Road 12. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. COUNCIL MINUTES ^ 02/08/10 JOINT ^ 02/16/10 REGULAR ^ 02/16/10 CLOSED 4.2. CHECK REGISTER 4.3. RESOLUTION 10-08 AUTHORIZING STAFF TO APPLY FOR ELECTION ASSISTANCE FOR INDIVIDUALS FOR DISABILITIES GRANT PROGRAM 4.4. MASSAGE THERAPIST LICENSE -JAMIE PERRY, SALINA SALON AND DAY SPA City Council Minutes March 1, 2010 4.5. SOLICITOR LICENSE - MONTY TORPER, FRONT LINE MARKETING 4.6. SUMMARY OF ANNUAL PERFORMANCE REVIEW OF CITY ADMINISTRATOR MOTION CARRIED 4-0. 5. Open Mike No one appeared for Open Mike. 6.1. Consider Agreement for the Bituminous Surfacing of Line Avenue Ms. Johnson presented the staff report. Page 5 MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGREEMENT FOR THE BITUMINOUS SURFACING OF LINE AVENUE AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. 6.2. Consider Notification from Minnwest Bank to Lease Units at The Bluffs of Elk River Ms. Mehelich presented the staff report. She stated the documents presented by Minnwest Bank had been reviewed during the HRA meeting earlier in the evening. She stated the HRA was supportive in increasing activity in The Bluffs building. 6.3. Consider Date for Board of Appeal and Equalization Meeting Ms. Johnson presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO SET THE DATE FOR THE BOARD OF APPEAL AND EQUALIZATION MEETING FOR APRIL 28, 2010 AT 6:30 P.M. MOTION CARRIED 4-0. 6.4. Discuss Council Worksession Agendas Ms. Johnson presented the staff report. No additions were made to the March and April Worksessions. 7. Other Business There was no Other Business. 8. Council Updates There were no Council Updates. 9. Staff Updates Ms. Johnson reminded the council of the meeting Tuesday evening at the Sherburne County Government Center from 6-8 p.m. hosted by the St. Cloud Area Economic Development Partnership. Mayor Klinzing indicated she was planning to attend. Ms. Johnson gave an update on a recent meeting at the City of Ramsey with adjoining cities to discuss the Mississippi River and future recreational trails. Mayor Klinzing stated the City of Elk River will receive funding for a portion of the Mississippi trail in 2014. City Council Minutes Page 6 March 1, 2010 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:26 p.m. Minutes prepared by Jennifer Johnson. Tina Allard, City Clerk Stephanie Klinzing, Mayor ~~, CLOSED SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH I, 2010 Members Present: Mayor Klinzing, Councilmembers Gumphrey, Westgaard and Motin Members Absent: Councilmember Zerwas Staff Present: City Administrator Lori Johnson 1. Call Meeting To Order Pursuant to due call and notice thereof, the closed meeting of the Elk River Ciry Council was called to order at 8:32 p.m. by Mayor Klinzing. 2. Closed Session - Union Negotiations The purpose of the Closed Session was to discuss union negotiations pursuant to MN Statute Statute 13D.03, subd.l(b). 3. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:43 p.m. Stephanie Klinzing Mayor Tina Allard Ciry Clerk ,~~:~ ,~. '~"~~, , ~ '~~ MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, MARCH 8, 2010 Members Present: Mayor Klinzing, Councilmembers Westgaard, Gumphrey, Motin, and Zerwas Members Absent: None Staff Present: City Administrator Lori Johnson, Chief of Police Jeff Beahen, Parks and Recreation Director Bill Maertz, Environmental Administrator Rebecca Haug, Finance Director Tim Simon, and Executive Secretary/Deputy City Clerk Jessica Miller Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Consider Council Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. SHERBURNE SOIL AND WATER CONSERVATION DISTRICT GRANTS - LRP STORMWATER RETROFIT AND CLEAN WATER FUND 3.2. CALL SPECIAL MEETING FOR MONDAY, MARCH 22, 2010, AT 6:30 P.M. TO REVIEW THE FOCUSED AREA STUDY LAND USE. 3.3. COUNCIL APPROVAL TO FILL VACANCY CREATED BY RETIREMENT OF DETECTIVE DAVE HURD AND TO PROMOTE COMMUNITY SERVICE OFFICER JESSE SMITH TO PATROL OFFICER EFFECTIVE MARCH 12, 2010. MOTION CARRIED 5-0. 4. Open Mike No one appeared for open mike. City Council Minutes Page 2 March 8, 2010 5.1. 2011 CIP Softball Light Discussion Mr. Maertz presented the staff report. Councilmember Gumphrey questioned if other organizations use the softball fields. Mr. Maertz stated that youth football and girl's fast pitch use the fields. He noted that associations prefer to donate money for new items rather than replacement items. Councilmember Motin questioned if grants are available to upgrade to dark sky compliant lighting. Mr. Maertz indicated he has not looked into that yet but generally the grants are looking for a quicker payback than what the lights would provide. 5.2. Project Conserve Phase II Ms. Haug presented her staff report. Councilmember Motin questioned if there could be a scaled back version of Phase III which would allow residents not in Elk River Municipal Utilities' service area to participate. Ms. Haug indicated that those residents can participate in Phase II. She stated that Connexus Energy has agreed to provide information to the city for their customers once the customer signs a release form. Councilmember Motin stated that the current application form for Phase II states that the customer must receive electric service from Elk River Municipal Utilities. Ms. Haug noted that is an error and she will update the form. Council consensus was to move forward with Phase II as outlined. 5.3. Council Code of Conduct Mayor Klinzing distributed a City Council Code of Conduct that she drafted. She indicated that she used codes from other cities and the League of Minnesota Cities' information as a guide. Councihnember Zerwas stated he has no interest in having a City Council Code of Conduct at this point. He added that if he were interested it would be in having a much shorter code than the one distributed. Councilmember Motin indicated he is not in favor of a formal code. He explained that he believes Councilmembers are already held to the standards outlined in the document and that a formal written code it not necessary. He stated that one example of where the code of conduct may have lapsed is with the Random Acts of Kindness campaign. He stated that it was a good program but he believes it made the Council look bad. He expressed concern that the campaign was promoted to the media before the City Council had discussed it. Mayor Klinzing explained the campaign was not achy-sponsored event and that the City Council was only asked to approve a proclamation of support. She added that the Council has been asked to approve proclamations from many community organizations. Councilmember Westgaard indicated that he is not in favor of additional policy. He added that he agrees with Councilmember Motin that Councilmembers are already held to unwritten rules similar to the Code of Conduct. City Council Minutes March 8, 2010 Page 3 Mayor Klinzing stated it is better to operate under written guidelines for liability reasons. Councilmember Motin indicated that from an attorney standpoint, the liability could increase if written rules are approved. Councilxnember Gumphrey asked for an example of liability. Mayor Klinzing indicated one Councilmember attempting to directly supervise or direct employees, without Council consent or direction, may create unintended legal liability for the Mayor or City Council members. Mayor Klinzing added that it is important for staff to be aware of this and understand that the Mayor or individual Council members should only be giving advice to employees. Councilmember Motin stated he does not believe a written Code of Conduct needs to be approved to make staff aware of that fact. Mayor Klinzing questioned if this is a governance model that the Council agrees with. Councilmember Motin indicated he agrees to the extent that the Council is governed by state statute. He added that once a Councilmember is elected he/she should be aware this is how they should act. Councilmember Gumphrey concurred. It was the consensus of the Council to not adopt a Code of Conduct at this time. The Council discussed a board and commission Code of Conduct. Councilmember Zerwas stated he is not in favor of formal codes. He would like to review the board and commission handbook for new commissioners that is currently in place to see if it can be modified. Mayor Klinzing expressed interest in adding consequences for inappropriate actions to the board and commission information. Councilmember Motin asked that this information be discussed at the May worksession. Ms. Johnson noted that consequences for some board and commissions are governed by state statute. The Council asked staff to provide this information to them as well. 5.4. Public Works Director Organizational Structure Ms. Johnson reviewed her staff report. She stated that the organizational chart in the packet is the structure the city currently operates under. She noted that Elk River Municipal Utilities has been included on the organizational chart provided only for auditing purposes. She also distributed the original organizational chart approved by the Council in 2004. Ms. Johnson stated that the two department head positions open are community development director and public works director. She indicated that the budget does not allow both positions to be filled. She added that she believes a community development director is a higher priority than the public works director at this time. She stated she spends an average of one or two hours a day on community development related activities. Councilmember Gumphrey concurred with Ms. Johnson that a community development director is a higher priority than a public works director. Councilmember Motin agreed but indicated he is not comfortable hiring at this time due to the current budget situation. Mayor Klinzing concurred with Councilmember Motin. She explained that while a community development director and public works director are discretionary positions, a city engineer is necessary. She explained that the impact to the general budget to hire a city engineer is minimal because a majority of the funding is billed back to special projects. Mr. Simon indicated that approximately 65 - 70% of a city City Council Minutes March 8, 2010 Page 4 engineer's time can be funded by special projects. She noted that the current arrangement with the consulting engineer is working very well, but it may be more cost effective to have a city engineer on staff. Councilmember Westgaard stated that his initial thought was that the public works director was more important because community development activities are at a slower pace. Councilmember Zerwas stated it makes financial sense to have a city engineer on staff. He added that with the current budget situation, the community development director and public works director positions may have to wait. Discussion took place regarding the number of direct reports for Ms. Johnson and possibly redirecting some of her current reports to another department head position, possibly an assistant city administrator. Ms. Johnson will bring back options at a future meeting. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE STAFF TO BEGIN THE PROCESS TO HIRE A CITY ENGINEER AS A CITY EMPLOYEE. MOTION CARRIED 5-0. 5.5. Council Olen Forum Mayor Klinzing indicated that the Random Acts of Kindness campaign generated approximately 1,500 acts of kindness. 6. Other Business There was no other business. 7. Council Updates There were no Council updates. 8. Staff Updates Ms. Johnson provided an update on Northstar Marketing Committee efforts. She noted that Elk River had the highest ridership of all stations in January. Councilmember Moon provided an update on some changes proposed by the Northstar Executive Committee. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:32 p.m. Minutes prepared by Jessica Miller. Tina Allard, Ciry Clerk Ciry Council Minutes March 8, 2010 Page 5 Stephanie Klinzing, Mayor MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 15, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck, Police Chief Jeff Beahen, Fire Chief John Cunningham, Finance Director Tim Simon, Street Superintendent Phil Hals, Environmental Administrator Rebecca Haug, IT Manager Bob Pearson, and City Clerk Tina Allard Also Present: Planning Commissioner Kevin Scott Call Meeting 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 Klinzing. 2. Consider 3/15/2010 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5-0. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.2. RETAIL FIREWORKS LICENSE TO CUB FOODS VALID TO MARCH 16, 2011 WITH THE FOLLOWING CONDITIONS: (a) TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER. (b) APPLICANT MUST CONTACT THE FIRE DEPARTMENT AT 763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN INSPECTION. 3.3. RESOLUTION 10-09 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER FROM CULVER'S. 3.4. MASSAGE THERAPIST LICENSE TO ANNA SCHUTT AT SALINA SALON VALID TO DECEMBER 31, 2010. MOTION CARRIED 5-0. City Council Minutes March 15, 2010 4. Open Mike No one appeared for Open Mike. 5.1. Oath of Office for Police Officer Tesse Smith Chief Beahen provided Mr. Smith's employment history. Mayor Klinzing read the oath as Mr. Smith repeated it. 5.2. March 15. 2010 Proclaimed Kenneth "Tay" Dehn,~r Day Page 2 Chief Cunningham provided background on Mr. Dehn's 31 years of service to the city as a firefighter. Mayor Klinzing read and presented a proclamation to Mr. Dehn. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO PROCLAIM MARCH 15, 2010 AS KENNETH ~~JAY" DEHN, JR. DAY. MOTION CARRIED 5-0. 6.2. Great River Ener~v to Amend Conditional Use Permit and License to Burn Alternative Fuels at the Elk River Station Case No. CU 10-OS -Public Hearin Ms. Haug noted the title of this item was incorrect and the request is actually for a provisional conditional use permit and license. She 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 GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE A PROVISIONAL SOLID WASTE FACILITY LICENSE AND PROVISIONAL CONDITIONAL USE PERMIT, CASE NO. CU 10-05 WITH THE CHANGES NOTED IN THE STAFF REPORT. MOTION CARRIED 5-0. 6.3. Charles Brower for Conditional Use Permit (Chickensl 11479 197th Avenue NW Case No CU 10-03 -Public Hearin 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 MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 10-03 WITH THE FOLLOWING CONDITIONS: 1. CHICKENS SHALL BE PREVENTED FROM EXITING THE PROPERTY BY FENCING OR SIMILAR CONTAINMENT. 2. NO MORE THAN 15 CHICKENS SHALL BE ON THE PROPERTY. City Council Minutes March 15, 2010 Page 3 3. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 4. APPROVAL OF THE. CONDITIONAL USE PERMIT SHALL EXPIRE AFTER TWO YEARS IF THE CHICKEN COOP IS NOT COMPLETED, UNLESS THE PROPERTY OWNER OR OWNER' AGENT HAS RECEIVED AN EXTENSION. 5. NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING, OR SELLING SHALL BE PERMITTED. 6. ANIMAL WASTE SHALL BE DISPOSED OF IN A SANITARY MANNER. MOTION CARRIED 5-0. 6.4. Ken Beaudrv/M. Gary for Conditional Use Permit for Fast Cash Business 356 Jackson Avenue Case No. CU 10-04 -Public Hearin Mr. Leeseberg presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to April 19, 2010. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THIS ITEM TO APRIL 19, 2010. MOTION CARRIED 5-0. 6.5. Citv of Elk River for Conditional Use Permit to Amend Elk Park Center Planned Unit Development (1'UD), Case No CU 10-06 -Public Hearin Mr. Leeseberg 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 MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 10-06 TO AMEND ELK RIVER PLAZA PLANNED UNIT DEVELOPMENT. MOTION CARRIED 5-0. 6.1. Lakeland Properties. LLC Dennis Sharp) for Conditional Use Permit for Mini storage and Outdoor Storage of Boats (Gateway Road Renner 4th Addition), Case No CU 10 01, Cor~trrlued from 2/16/10 Mr. Barnhart presented the staff report. This item was first reviewed by Council at the February 16, 2010 meeting. Mr. Barnhart discussed the differences between this permit application and the one submitted by Mr. Kostreba a few years ago. He stated the applicant doesn't want a timetable on the allowance of outdoor storage. Mayor Klinzing opened the continued public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin questioned if the mini-storage would be limited to items related to the storage of boats and RV's and expressed concern with the storage of any and everything. City Council Minutes March 15, 2010 Page 4 Mr. Barnhart stated Council could add a condition limiting the type of mini-storage allowed. He noted the applicant may not know the type of items being stored by customers and this would be difficult to monitor from an enforcement standpoint. Councilmember Gumphrey requested a condition that all service and overhead doors be painted to meet the design colors of the buildings. Councilmember Zerwas stated he was hesitant to allow outdoor storage without a timeframe. He stated this permit request is different from the Kostreba request due to its location to the planned future Gateway Business Park road. Mayor Klinzing concurred. Councilmember Gumphrey disagreed. Councilmember Westgaard also disagreed due to the zoning of the property. Councilmember Westgaard stated the landscape screening would be sufficient to hide the outdoor storage and the doors would be internally focused. There was discussion on adding a condition limiting the outdoor storage to a certain timeframe. Mr. Beck suggested Council add a condition regarding what type of items can be stored outdoors. Mr. Barnhart suggested either limiting outdoor storage to the list provided in the applicant's letter or to break it into operational equipment versus client equipment. Mr. Beck stated the Council could allow the outdoor storage of boats and RV's and require the other equipment to be stored inside. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 10-01 AS ILLUSTRATED ON PLANS DATED RECEIVED JANUARY 19, 2010, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS FROM STAFF COMMENT LETTER DATED DECEMBER 23, 2009. 2. ALL COMMENTS OF THE CITY ENGINEER MEMO DATED JANUARY 26, 2010 SHALL BE ADDRESSED. 3. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 4. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 5. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 6. ALL LANDSCAPING, INCLUDING TURF ESTABLISHMENT SHALL BE COMPLETED EITHER PRIOR TO OCCUPANCY OR PROVISION OF A LETTER OF CREDIT IN AN AMOUNT APPROVED BY STAFF NECESSARY TO GUARANTEE COMPLETION OF THE WORK. 7. THIS APPROVAL OF THIS CONDITIONAL USE PERMIT SHALL EXPIRE AFTER 2 YEARS, UNLESS AT LEAST TWO BUILDINGS HAVE BEEN COMPLETED AND OCCUPANCY ISSUED. 8. STORAGE OF HAZARDOUS OR FLAMMABLE MATERIAL IS PROHIBITED. City Council Minutes March 15, 2010 Page 5 9. NO ACTIVITIES SUCH AS AUCTIONS, SALES, REPAIR OR SERVICING OF GOODS, VEHICLES, EQUIPMENT OR MATERIALS SHALL BE CONDUCTED FROM THE SITE. 10. NO ELECTRICAL SERVICE SHALL BE PROVIDED FOR TENANTS. 11. NO PARKING SIGNS SHALL BE INSTALLED AT APPROPRIATE LOCATIONS AS REQUIRED TO MAINTAIN FIRE AISLES. 12. ALL SERVICE AND OVERHEAD DOORS SHALL BE PAINTED THE SAME COLORS OF THE BUILDINGS. 13. OUTDOOR STORAGE SHALL BE LIMITED TO THE STORING OF BOATS, RV'S, AND TRAILERS, AND IS PERMITTED UNTIL COMPLETION OF THE FOURTH BUILDING: AT WHICH TIME ALL OUTDOOR STORAGE SHALL CEASE. 14. OUTDOOR STORAGE SHALL NOT BE ALLOWED UNTIL THE COMPLETION OF THE FIRST TWO BUILDINGS. MOTION CARRIED 5-0. 6.6. Citv of Elk River for Ordinance Amendment Relating to Buffer Zones, Case No OA 10 01 Publrc Hearin Mr. Barnhart presented the staff report. Mr. Beck stated another letter was received today from the landfill. He stated two issues were raised in the letter: 1. Groundwater monitoring wells 2. Solid Waste Facility Overlay District boundary lines Mr. Beck stated wells to monitor groundwater impacts offsite from the landfill are necessarily located outside the solid waste district. He reviewed additional changes to Section 2 and 3 of the proposed ordinance amendment. He noted there was a question regarding the buffer area to the west of the landfill and whether it is in the solid waste facility district. He stated in discussing this matter with staff and reviewing the zoning map, it appears the zoning line may be on a section line that is east of the city trail. He stated it is his understanding that all of the landfill's property to the eastern edge of the trail is zoned solid waste facility and has been since the landfill received this zoning designation in the late 80's. He stated he didn't have time to confirm this, but if this is not the case, then the city should correct it. Mr. Beck clarified that the buffer area is an area where solid waste can't be disposed but landfill type facilities (such as service roads and wells) are allowed. He noted this is how the ordinance has been interpreted and applied. Mayor Klinzing opened the public hearing. Jack Perry, Elk River Landfill attorney -Stated the proposed ordinance amendment requires more work before it should be approved. He stated in Exhibit 45 there is a series of maps that shows where the city has identified the solid waste facility district. He stated this is critical because according to the city comprehensive plan and zoning ordinance (in Exhibit 160) there is significant amounts of landfill operations components that are outside the solid waste facility overlay district. He stated as a consequence, the Findings of Fact Five and Six City Council Minutes Page 6 March 15, 2010 ----------------------------- of the proposed ordinance amendment don't make sense because it is contrary to city records. He, along with the landfill, suggests delaying this item so it can be further reviewed. He stated they will extend the timeline of their February application. He stated this affects the landfills operation. He stated the city would be making the landfill anon-conforming use in the buffer areas. He recommended turning this issue over to the engineers to work out the ordinance amendment. Terry Johnson, professional geologist -Stated he worked for the City of Elk River from 1991 to 1996 in a regulatory capacity in the monitoring of the landfill. He stated he joined the predecessor company to Waste Management in 1996 and has worked for the landfill since. He reviewed Exhibit 160 and stated from his understanding it was the city's intent to place all infrastructure in the overlay district and he reviewed the items the landfill has that go over the district boundaries. Mayor Klinzing closed the public hearing. Council questioned how this ordinance amendment would affect the landfill. Mr. Beck stated he is unsure the line drawn on the map by the landfill is the solid waste facility overlay district. He stated it is not the Comprehensive Plan line. He stated if the boundary is different, the city could fix it by a rezoning. He stated this issue doesn't make a difference with the proposed ordinance amendment before Council tonight. He stated the purpose of the ordinance amendment is to reaffirm the intent of the ordinance. Councilmember Motin questioned if this item should be delayed a month in order to work through any issues. Mr. Beck stated the landfill has a pending application and there hasn't been any letter from the applicant for an extension. He stated litigation with the landfill is also pending and the schedule for this is unknown. He stated the proposed amendments have always been the intent of the ordinance and additional changes could be made in the future, if needed. He further stated if the city cannot clearly establish that the entire landfill is in the solid waste facility district, then staff will come back with an ordinance amendment to rezone it into the solid waste facility district because it was always the intent and understanding. Mayor Klinzing stated the two issues are separate as far as reaffirming the buffer zones and dealing with the issues of the solid waste overlay district. She felt the city should move forward with the ordinance amendment. She stated the comments from Mr. Perry regarding the non-conforming use are incorrect with this issue and the city is not creating a non- conforming use. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 10-02 AMENDING CHAPTERS 30 AND 58 OF THE ELK RIVER MINNESOTA, CITY CODE TO REAFFIRM THAT REQUIRED BUFFER AREAS AND BUFFER ZONES FOR SOLID WASTE FACILITIES MUST BE LOCATED WITHIN THE SOLID WASTE FACILITIES OVERLAY ZONING DISTRICT. MOTION CARRIED 5-0. Councilmember Motin stated these changes are to put us where we already were and don't make any changes. He stated it was always the understanding of the city, which has been confirmed many times with the issuance of past conditional use permits and discussions, that the landfill and the buffer had to be in the solid waste overlay district. City Council Minutes Page 7 March 15, 2010 Councilmember Zerwas agreed and stated corrections should be completed as soon as possible if any are needed in regards to the solid waste facility overlay. Mr. Beck stated staff will initiate a rezoning of the Elk River Landfill property to the solid waste facility overlay district and research where the zoning line is located now. He stated if it is up against the trail, like it should be, then the zoning can be dismissed. 6.7. City of Elk River for Ordinance Amendment Relating to Interim Use Permits, Case No. OA 10-02 -Public Hearin 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 MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-03 AMENDING SECTION 30-658, INTERIM USES, OF THE ELK RIVER, MINNESOTA, CITY CODE TO BRING THE CITY'S REGULATION OF INTERIM USES INTO CONFORMANCE WITH STATE LAW. MOTION CARRIED 5-0. 6.8. City of Elk River for Ordinance Amendment Relating to Definition of Parks, Case No. OA 10-03 -Public Hearin 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 GUMPHREY TO ADOPT ORDINANCE 10-04 AMENDING SECTION 30-1 OF THE ELK RIVER CITY CODE OF ORDINANCES TO DEFINE PARKS AS PART OF THE SEPARATION REQUIREMENTS OF CERTAIN USES. MOTION CARRIED 5-0. 6.9. Authorization to Review Possible Ordinance Amendments to Industrial Zoning Districts Mr. Barnhart presented the staff report. It was Council consensus to have staff review possible amendments to the zoning ordinance as outlined in the staff report. 6.10. Authorization to Review Possible Changes to the Zoning Ordinance that May Permit a Commercial Recreation Type Facility in a Residential Zone Mr. Barnhart presented the staff report. It was Council consensus for staff to review this zone change but they expressed concerns with how this type of zone change would work, ownership of commercial recreational facilities, and what would occur if a school was to move to a different location. City Council Minutes Page 8 March 15, 2010 7.1. Public Works Updates A. 2010 Mn/DOT Hwy 10 Construction Projects Mr. Hals discussed Mn/DOT summer construction projects as outlined in his staff report. B. SCORE Grant C. Compost Drop Off User Fees Mr. Hals presented the staff reports. Council expressed the following concerns: 1. Enforcement and Penalties. How will the program be monitored to make sure residents and commercial haulers are being honest? Would like to see a mechanism in place for applying penalties to violators. 2. Fees. Council would like to see the commercial fee rate increased. Ms. Johnson stated staff would review these concerns, meet with the Sherburne County Municipal Recycling Board, and bring this item back to Council for further discussion. D. Demolition of Former Northbound Liquor Store Site ~I'H 169 & Main Street) Mr. Hals presented the staff report. He noted the Reuse Center is requesting a nominal payment for their recycling services in the amount of $250. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CLOSING THE NORTHBOUND LIQUOR STORE ENTRANCE FROM MAIN STREET. MOTION CARRIED 5- 0. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO PAY $250 TO THE REUSE CENTER FOR THE REMOVAL OF RECYCLABLE PRODUCTS. MOTION CARRIED 5-0. E. Condition of Zane Street South of CR 12 and Twin Lakes Boulevard Mr. Hals provided an update regarding the deteriorating condition of Zane Street. He stated many cities are having similar issues. He stated he talked to a technical advisor for the MN Asphalt Pavement Association who stated the problem could be caused by a capillary vapor action. Mr. Hals also stated it could be a result of material or workmanship but that there are similar issues throughout the city on roads that had different contractors that completed the work. He stated there are too many variables to determine the exact cause of the issue but staff would work on a fix for patching it. 7.2. Consider Bids for Line Avenue Bituminous Improvements Ms. Johnson presented Mr. Anderson's (consulting engineer) staff report. She noted this bid doesn't include trail linkage. City Council Minutes March 15, 2010 Page 9 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO ACCEPT THE BID FROM KNIFE RIVER CORPORATION FOR THE LINE AVENUE IMPROVEMENT PROJECT AND AUTHORIZE PROCEEDING WITH CONSTRUCTION AS DESCRIBED IN THE AGREEMENT BETWEEN THE CITY OF ELK RNER AND SHERBURNE COUNTY. MOTION CARRIED 5-0. 7.3. Police Department ProPhoenix Software Conversion Chief Beahen and Chief Cunningham presented this item as outlined in the staff report. Both Chiefs noted they would not completely switch over to this new software until they were reassured the product would be able to fully integrate with all their required interfaces. Chief Cunningham recommended a three part phase-in for the Fire Department portion of the project. Mr. Pearson discussed some of the technicalities of the project such as the conversion process and the fiber connections. It was the consensus of the Council to move forward with this project. 7.4. Purchase of an iRecord Video/Audio Recorder for the Police Department Chief Beahen presented the staff report. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE PURCHASE OF THE IRECORD VIDEO SYSTEM IN THE AMOUNT OF $38,614.41 WITH FUNDS TO COME FROM THE CAPITAL OUTLAY RESERVE FUND. MOTION CARRIED 5-0. 7.5. Resolution Regarding G.O. Capital Improvement Bonds, Series 2010A for the Interest Cost Savings of Refunding the 2002A and 2002B Bonds Mr. Simon presented the staff report. He noted a Councilmember would need to be on the Pricing Committee to complete the final review of the proposals for the sale of the bonds and to award the sale of the bonds to the prospective purchaser. Mayor Klinzing volunteered to serve on the committee. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-10 AWARDING THE SALE OF APPROXIMATELY $8,000,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2010A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY. MOTION CARRIED 5-0. City Council Minutes March 15, 2010 8. Other Business There was no Other Business. 9. Council Updates There were no Council Updates. 10. Staff Updates There were no Staff Updates. 11. Adjournment Page 10 There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:15 p.m. Tina Allard, City Clerk Stephanie Klinzing, Mayor ~ ~ r ,4 ,~E` i. SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 22, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, Gumphrey, and Motin EDA Commissioners Tveite and Touchette Planning Commissioners Anderson, Bell, Johnson, Ives, Scott, Lemke, and Westberg Members Absent: EDA President Dwyer Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Director of Economic Development Catherine Mehelich, Assistant Director of Economic Development Annie Deckert Also Present: Bruce Chamberlain and Bryan Harjes of Hoisington Koegler Group, Inc. 1. Call Meeting 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 Klinzing. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Commissioner Westberg. Pursuant to due call and notice thereof, the meeting of the Elk River Economic Development Authority was called to order at 6:30 p.m. by Commissioner Tveite. 2. Joint Meeting with Economic Development Authority and Planning Commission to Discuss the Focused Area Studv Mr. Barnhart introduced the topic and turned the presentation over to HKGi staff member Bryan Harjes. Mr. Harjes reviewed the proposed land use changes for the Focused Area Study Development Framework. He asked all in attendance to discuss and agree upon the drafted land uses. To avoid any confusion, the land use terms used on this framework diagram are different than those used for the City's current land use or zoning maps and so therefore, land use terms were outlined in the staff report from HKGi. After discussion, all agreed to the following changes to the land use distribution: - Existing residential along Yale will extend to the river, with narratives included in the final document that support the addition of trail connections in the future. - Destination retail extended east from the future interchange to the eastern boundary of the Gateway property. The northern boundary of this is the wetland. -Jobs area added to the land between the wetlands, along the new Twin Lakes Road. City Council Minutes Page 2 March 22, 2010 ----------------------------- 3. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River Ciry Council at 7:45 p.m. There being no further business, Commissioner Tveite and Commissioner Westberg adjourned the meetings of the Elk River Economic Development Authority and the Elk River Planning Commission at 7:45 p.m. Tina Allard, Ciry Clerk Stephanie Klinzing, Mayor