3.1. DRAFT MINUTES 04-19-2010DRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL 19, 2010
Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, and Gumphrey
Members Absent: Councilmember Motin
Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, City
Attorney Peter Beck, Environmental Administrator Rebecca Haug, Police
Chief Jeff Beahen, Finance Director Tim Simon, and City Clerk Tina Allard
Also Present: Planning Commissioner Dana Anderson
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.
2. Consider 4/19/2010 Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION
CARRIED 4-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. APRIL 5, 2010 MINUTES.
3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
3.3. AMENDMENT TO THE CITY'S CONDUIT BONDING POLICY TO
INCREASE THE FEE TO ONE PERCENT.
3.4. AMEND THE PUBLIC PURPOSE EXPENDITURE POLICY AS
OUTLINED IN THE STAFF REPORT.
3.5. RETAIL FIREWORKS LICENSE TO COBORN'S INC. VALID TO
APRIL 19, 2011 WITH THE FOLLOWING CONDITIONS:
1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE
AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER
MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER.
2. FIRE DEPARTMENT MUST CONDUCT AN INSPECTION OF
THE FIREWORK DISPLAY PRIOR TO FIREWORK SALES. THE
APPLICANT IS RESPONSIBLE FOR CONTACTING THE FIRE
MARSHAL AT 763.635.1110 TO SCHEDULE AN INSPECTION.
3.6. ADOPT RESOLUTION 10-13 AMENDING THE MEETING TIME FOR
THE CITY COUNCIL WORKSESSION MEETINGS.
City Council Minutes Page 2
April 19, 2010
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3.7. HIRE CARSON COMPANIES FOR GRASS AND WEED ABATEMENT
AS OUTLINED IN THE STAFF REPORT.
3.8. AUTHORIZATION TO ADVERTISE FOR LEAD LIQUOR STORE
CLERK FOR WESTBOUND LIQUOR STORE.
MOTION CARRIED 4-0.
4. Open Mike
No one appeared for Open Mike.
5.1. Proclamation: Dave Hurd Day, Apri130. 2010
Chief Beahen discussed Mr. Hurd's service to the police department and how much he was
appreciated and will be missed.
Mayor Klinzing read and presented a proclamation to Mr. Hurd.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO PROCLAIM FRIDAY, APRIL 30, 2010 AS
DAVE HURD DAY. MOTION CARRIED 4-0.
Mayor Klinzing noted the respect of Mr. Hurd's fellow employees in the audience.
Councilmember Zerwas stated it was sad to see Mr. Hurd go but congratulated him on his
retirement.
Ms. Johnson thanked Mr. Hurd for his service to the city and wished him a wonderful and
long retirement.
5.2. Resolution Ordering the Preparation of a Feasibility Report for the 2010 Main Street
Pavement Rehabilitation Project
Ms. Johnson presented the staff report.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-14
ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR THE
2010 MAIN STREET PAVEMENT REHABILITATION PROJECT. MOTION
CARRIED 4-0.
6.1. Request by Cite of Elk River to Zone Certain Property Mineral Excavation ~IyIE, Overlay
and Solid Waste Facility~SWF) Overlay Case No. ZC 10-05, Public Hearing
Mr. Beck presented Ms. Haug's staff report. He noted past city practice was to take legal
descriptions from applicants. He noted the landfill legal descriptions were complicated and
staff couldn't confirm that the property described is the entire property owned by the
landfill. He stated this request is to clean up the legal descriptions and to make sure the
landfill would be operating in conformance with the zoning.
Mayor Klinzing opened the public hearing.
City Council Minutes
April 19, 2010
Page 3
Jack Perry, Elk River Landfill Attorney -Stated this legal description is clearer and the
landfill supports the change.
Mayor Klinzing closed the public hearing.
Councilmember Westgaard stated he is not in favor of using simplistic legal descriptions and
professionals should be used. He questioned a parcel of property in the southeast corner
that is not shaded on the map in the staff report or part of the proposed legal descriptions.
Mr. Beck stated the map in the report is the city's land use map from the 2004
Comprehensive Plan and for an unknown reason this parcel in the southeast corner of the
landfill's property is not identified as part of the landfill land use. He noted there is another
map in the staff report that covers the entire landfill property and reflects the legal
description in the proposed ordinance. He further noted the legal description was prepared
by consulting engineer John Anderson. Mr. Beck stated staff will be coming back with an
amendment to the land use plan.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-05 ZONING
CERTAIN PROPERTY INTO THE SOLID WASTE FACILITIES OVERLAY
ZONING DISTRICT AND THE MINERAL EXCAVATION OVERLAY
ZONING DISTRICT. MOTION CARRIED 4-0.
6.2. Request by Ken Beaudrv/M. Garg_for Conditional Use Permit for Fast Cash Business 356
Jackson Avenue, Case No. CU 10-04 Public Hearing
Mr. Barnhart presented Mr. Leeseberg's staff report.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing continued the public hearing to May 17, 2010.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER ZERWAS TO CONTINUE CASE NO. CU 10-04 TO MAY
17, 2010. MOTION CARRIED 4-0.
6.3. Request b~ City of Elk River for Rezoning of Elk River Plaza Planned Unit Development
fPUDI. Case No. ZC 10-02. Public Heating
Mr. Barnhart presented Mr. Leeseberg's staff report.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing continued the public hearing to May 17, 2010.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO CONTINUE CASE NO. ZC 10-02 TO
MAY 17, 2010. MOTION CARRIED 4-0.
6.4. Request by City of Elk River for Ordinance Amendment Relating to Commercial Recreation
Facility in Residential Zoning District, Case No. OA 10-04 Public Heating
Staff noted this item was withdrawn by the city.
City Council Minutes Page 4
April 19, 2010
6.5. Request by Russell/Ryan Kostreba for Conditional Use Permit for Outdoor Storage
(Midwest Mini Storage. Case No. CU 10-07 Public Hearing
Mr. Barnhart presented the staff report. He stated staff is not requesting a time limit on the
storage as suggested in the staff report.
Mayor Klinzing opened the public hearing.
Russ and Ryan Kostreba, applicants -Stated they had two issues with the conditions
suggested by staff:
1. Erosion: Can't grow anything in the sand. The erosion will be worse if the area is
disturbed and would likely have an effect on neighboring properties.
2. Storage footprint: Don't want to be limited to one building footprint. Other
neighboring properties aren't restricted.
Mayor Klinzing closed the public hearing.
There was discussion on the erosion issues and the importance of proper drainage for
runoff. Ms. Haug stated she would work with the applicants to develop an erosion control
plan.
Council agreed that the applicant should be allowed outdoor storage as proposed in the
applicant's original request as long as fire lanes can be maintained.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE
PERMIT, CASE NO. CU 10-07 AS ILLUSTRATED IN DRAWINGS DATED
FEBRUARY 22, 2010 AND SUBJECT TO THE FOLLOWING CONDITIONS
WHICH MUST BE COMPLETED PRIOR TO USE OF THE AREA FOR
OUTDOOR STORAGE:
1. REPAIR THE EROSION AS DESCRIBED IN BDM MEMO DATED APRIL
5, 2010.
2. REVISE LANDSCAPING PLAN WITH THE GOAL TO ADD ADDITIONAL
LANDSCAPING INTEREST TO THE REAR OF THE PROPERTY AND TO
RECOGNIZE THE UNIQUE SOILS IN THE AREA. PLAN TO BE
APPROVED BY STAFF.
3. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE
APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS.
4. ALL CONDITIONS IMPOSED AS PART OF THE ORIGINAL
CONDITIONAL USE PERMIT SHALL APPLY, EXCEPT FOR #8
PERTAINING TO OUTDOOR STORAGE.
5. OUTDOOR STORAGE SHALL BE LIMITED TO OPERABLE BOATS AND
RECREATIONAL VEHICLES. RECREATIONAL VEHICLES SHALL
INCLUDE BOATS, BOAT TRAILERS, SNOWMOBILES, CAMPERS.
6. ANY SIGN REQUIRES A SIGN PERMIT.
7. OUTDOOR STORAGE IS NOT INTENDED TO BE A PERMANENT
SOLUTION. OUTDOOR STORAGE IS PERMITTED PROVIDED A 20'
FIRE LANE IS MAINTAINED AS REQUIRED BY THE FIRE CHIEF.
MOTION CARRIED 4-0.
City Council Minutes Page 5
April 19, 2010
6.6. NPDES Permit Update/Annual Meeting, Public Comment
Ms. Haug presented the staff report. She discussed the street division's maintenance of the
storm sewers in Elk River.
Mayor Klinzing asked if there was any public comment regarding this permit. There were no
public comments.
7. Other Business
Mayor Klinzing noted the Board of Appeal meeting was scheduled for Wednesday, Apri128
at the Sherburne County Government Center.
8. Council Updates
There were no Council Updates.
9. Staff Updates
Ms. Johnson handed out a marketing tool that will be utilized by the economic development
division.
Ms. Johnson presented information about the annual development tour to be offered by
Sherburne County on May 6 and asked Council to let staff know if there were a couple of
Councilmembers who would like to attend.
Ms. Johnson handed out a letter from Mr. Burandt stating he is withdrawing his proposal
regarding 193~d Avenue. She further noted the stop bar and sign installation would still
occur.
Ms. Johnson noted the Council would be having a joint meeting with the Parks and
Recreation Commission and if there were any topics they wanted to discuss, to let her know.
10. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 7:25 p.m.
Tina Allard, City Clerk
Stephanie Klinzing, Mayor