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03-15-2010 CCMMEETING 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. 3. 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. 5.1 5.2. 6.2. 6.3. Page 2 Open Mike No one appeared for Open Mike. 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. March 15 2010 Proclaimed Kenneth " a "Dehn r. Da 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. Great River Ener to Amend Conditional Use Permit and License to Burn Alternative Fuels at the Elk River Station Case No. CU 10-05 -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 s eak to this issue Ma or • Klinzing closed the public heanng. p y 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. Charles Brower for Conditional Use Permit Chickens 11479 197 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. Garg for Conditional Use Permit for Fast Cash Business 356 Tackson 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. City of Elk River for Conditional Use Permit to Amend Elk Park Center Planned Unit Development UD) Case No CU 10-06 -Public Hearing 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 Proberties LLC (Dennis Sharpl for Conditional Use Permit for Mini stora eg and Outdoor Storage of Boats (Gateway Road Renner 4th Additionl Case No CU 10 01~ Cor~trnued 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 ofmini-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. Counciltnember Gumphrey requested a condition that all service and overhead doors be painted to meet the design colors of the buildings. Counciltnember 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 WESTGAA.RD 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. S. 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. City of Elk River for Ordinance Amendment Relating to Buffer Zones Case No OA 10 01, Public Hearln~ 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: t 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 March 15, 2010 Page 6 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 endin a lication and there hasn't been an letter from P g PP Y 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 Moon 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 fox 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 March 15, 2010 Page 8 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 (TH 169 & Main Street,) Mr. Hals presented the staff report. He noted the Reuse Center is requesting a nominal payment for their rrycling 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 RIVER 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. ./ _.-w~°`~ Tina Allard, City Clerk ~-- Steph nie Klinzing, yor • t •