04-16-2012 CCMMEETING OF THE ELK RIVER CITY COUNCIL
• HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL 16, 2012
Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey
Members Absent: None
Staff Present: City Administrator Calvin Portner, Planning Manager Jeremy Barnhart,
Park Planner Chris Leeseberg, Finance Director Tim Simon, Parks and
Recreation Director Michael Hecker, City Attorney Peter Beck, Fire Chief
John Cunningham, Human Resources Representative Lauren Wipper,
Police Chief Brad Rolfe, Recreation Manager Steve Benoit, Arena Manager
Rich Czech, Economic Development Director Annie Deckert, and City
Clerk Tina Allard
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 Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 04/16/2012 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.2 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT.
4.3 STAFF TO REVIEW THE ZONING OF BARRINGTON SQUARE AND
BARRINGTON PLACE PLANNED UNIT DEVELOPMENTS.
4.4 STAFF TO REVIEW HOW COMMERCIAL RECREATION USES ARE
ADMINISTERED AND LOCATED THROUGHOUT THE CITY.
MOTION CARRIED 5-0.
5. Onen Forum
• No one appeared for Open Forum.
City Council Minutes Page 2
Apri116, 2012
6.1 City of Elk River Volunteer of the Month-Ma;~or Dietz •
Mayor Dietz moved this item to the May 7 Council meeting agenda.
6.2 Acknowledgement of~erry Davis' Retirement
Mr. Czech commented that Mr. Davis has always been his right-hand man. He stated Mr.
Davis' experience has been very valuable over the years and that he always contributed good
creative ideas to help resolve problems.
Mayor Dietz read and presented a plaque to Mr. Davis regarding his 12 years of dedicated
service to the city and congratulated him on his retirement.
6.3.A Resolution Acknowledging Contribution of Funding for a Basketball Court from Trout
Brook Farms Homeowners Association
Mr. Hecker presented the staff report. He thanked Parks Maintenance Supervisor Rodney
Schreifels for the time and effort he committed to assisting with the bid process.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 12-16
ACKNOWLEDGING CONTRIBUTIONS FROM THE TROUT BROOK
HOMEOWNERS ASSOCIATION TO THE CITY OF ELK RIVER. MOTION
CARRIED 5-0.
Dan Garvey, Representing the Trout Brook Association, stated the community is very •
excited about the project.
Mayor Dietz thanked the association for their donation of $61,341 and noted how much the
city appreciated it.
6.3.B Resolution Acknowledging_Tree Donation from Lions Club
Mr. Hecker presented the staff report. He stated the Lions Club will also be providing the
watering and maintenance of these trees for one year.
Harold Gramstad, representing the Lions Club, introduced the Lions members in the
audience and stated the tree donation is part of an International Lions Club campaign.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-17
ACKNOWLEDGING CONTRIBUTIONS FROM THE LIONS CLUB TO THE
CITY OF ELK RIVER. MOTION CARRIED 5-0.
Mayor Dietz thanked the Lions for their donation and all the service they provide in the
community.
7.1 Request by Tim Peterson for Conditional Use Permit and Private Kennel License. 11760
193~d Avenue NW, Case No. CU 12-OS
Mr. Leeseberg presented the staff report. •
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April 16, 2012
• Mayor Dietz opened the public hearing.
Eric Kusch, 11774 193rd Avenue -Stated he is in favor of the permit He stated the dogs
are quiet and well-behaved.
Melanie Altringer, 11784 193Ld Avenue -Stated she is in favor of the permit. She stated
she has lived in her house for 13 years and never had an issue with the dogs.
Gloria Zatfy -Stated she in favor of the permit.
Tim Peterson, applicant -Stated he has been working with therapy dogs for 18 years and
he further outlined the training process.
Stoffel Reitsma, 22575 184 Street, Big Lake -Stated he is in favor of the permit. He stated
Mr. Peterson will do what needs to be done in order to make it work out and that he is very
dedicated to training the therapy dogs.
Melissa Bloom, 19276 Isetta Street, East Bethel -Stated she is in favor of the permit. She
further stated Mr. Peterson takes impeccable care of his dogs.
Mayor Dietz closed the public hearing.
Attorney Beck noted that the conditional use permit runs with the land so there is a potential
• for another owner to come in with a different set of dogs on this parcel. He further stated
the private kennel license would only be valid to Mr. Peterson and a new owner would need
to apply for a new private kennel license.
Councilmember Motin expressed concern with the one-fourth acre lot size as it seems small
for allowing multiple animals.
Attorney Beck suggested a condition could be attached to the conditional use permit that
would limit the size of the dog allowed.
Council expressed enforcement concerns with this type of a condition.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE
PERMIT, CASE NO. CU 12-05 FOR A PRIVATE KENNEL WITH THE
FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE
APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS.
2. THE PRIVATE KENNEL SHALL BE LIMITED TO FIVE (5) ANIMALS
OVER THE AGE OF 6 MONTHS. ADDITIONAL ANIMALS WILL
REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT.
3. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9.
4. THE APPLICANT SHALL RECEIVE A PRIVATE KENNEL LICENSE
FROM THE CITY.
• 5. ALL ANIMALS MUST BE LICENSED AND VACCINATED.
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April 16, 2012
Page 4
6. ALL ANIMALS SHALL BE ON A SIX (6) FOOT OR SHORTER LEASH •
WHEN OUTSIDE OF THE KENNEL.
7. NO MORE THAN TWO (2) ANIMALS PER SUPERVISOR SHALL BE
ALLOWED OUTSIDE OF THE KENNEL.
8. ALL DOG WASTE SHALL BE CLEANED UP IMMEDIATELY WHEN
DOGS ARE OFF OF THE SUBJECT PROPERTY.
9. NO DOGS DESIGNATED AS DANGEROUS OR POTENTIALLY
DANGEROUS ARE ALLOWED TO BE KEPT AT THE KENNEL AND
KEEPING OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG
SHALL BE GROUNDS FOR REVOCATION.
10. FENCE ALONG THE SOUTH PROPERTY LINE SHALL BE OPAQUE.
MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE A PRIVATE KENNEL LICENSE
VALID TO DECEMBER 31, 2012 TO TIM PETERSON. MOTION CARRIED 5-0.
7.2 Ordinance Amendment to Rezone Certain Protierty from PUD (Planned Unit
Development) to BP (Business Park),. Stiortech, Case No. ZC 12-01
Mr. Barnhart presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor
Dietz closed the public hearing.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 12-07 AMENDING
THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY FROM PUD (PLANNED UNIT DEVELOPMENT) TO BP
(BUSINESS PARK), CASE NO. ZC.12-01. MOTION CARRIED 5-0.
Mayor Dietz thanked Sportech for expanding their business in Elk River.
7.3 Request by Elk River HRA for Conditional Use Permit for Parking Lot Imbrovements to
Former 716 and 720 Main Street Site. Case No. CU 12-06
Mr. Barnhart presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor
Dietz closed the public hearing.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT,
CASE NO. CU 12-06 IN ORDER TO CONSTRUCT A PARKING LOT WITH
THE FOLLOWING CONDITIONS:
1. IT MUST BE DEMONSTRATED THAT THE FIRE DEPARTMENT CAN
TURN NORTH ONTO THE EASTERN MOST DRIVE.
2. A LANDSCAPING PLAN MUST BE APPROVED BY STAFF THAT
INCLUDES SPECIES, SIZE AND PLANTING DETAILS. •
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April 16, 2012
Page 5
3. ALIGHTING PLAN MUST BE PROVIDED THAT DEMONSTRATES
• THAT A MINIMUM 3 FC AVERAGE CAN BE PROVIDED ON THE
SUBJECT PARCEL.
4. DETAILS OF THE DUMPSTER ENCLOSURE MUST BE PROVIDED AND
APPROVED BY STAFF PRIOR TO CONSTRUCTION.
5. HANDICAPPED STALLS. TWO HANDICAPPED PARKING SPACES
SHOULD BE PROVIDED.
MOTION CARRIED 5-0.
8.1 Consider Use of City-Owned Public Parking Lot for Private Events
Ms. Allard presented the staff report.
Council discussed the need for a polity and mentioned the following items of concern:
^ Daps/times the lots could be used
^ how other events or business may be affected
^ staff overtime/compensation time
Mr. Benoit stated seasonal part-time staff works park events when needed at a cost that
would be charged back to the applicant.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE USE OF THE CITY-OWNED
• DOWNTOWN PARKING LOT FOR A PRIVATE WEDDING ON AUGUST 17,
2012 WITH THE FOLLOWING CONDITIONS:
1. ALCOHOL IS NOT PERMITTED ON RIVERS EDGE COMMONS PARK
PROPERTY. ALCOHOL MUST BE LIMITED TO THE PARKING LOT
WITH FENCED IN AND SECURED AND CONTROLLED ACCESS.
APPLICANT AND CATERER ARE RESPONSIBLE FOR MAKING SURE
ONLY WEDDING GUESTS HAVE ACCESS TO THIS AREA. ONE POLICE
OFFICER MUST BE ON DUTY AT ALL TIMES (2 HOUR MINIMUM)
WHILE ALCOHOL IS SERVED.
2. LIQUOR MAY ONLY BE SERVED BY A CATERER LICENSED TO SERVE
ALCOHOL IN THE STATE OF MINNESOTA. THE CITY MUST RECEIVE
A COPY OF THE CATERER'S LICENSES ISSUED BY THE STATE
ALLOWING THE CATERER TO SERVE FOOD AND ALCOHOL PRIOR
TO THE EVENT. CATERER MUST ALSO PROVIDE CERTIFICATE OF
INSURANCE NAMING THE CITY AS AN ADDITIONAL INSURED FOR
LIQUOR LIABILITY COVERAGE.
3. APPLICANT MUST PROVIDE 30 DAYS WRITTEN NOTICE OF THE
EVENT TO ALL DOWNTOWN BUSINESSES ALONG MAIN STREET
AND JACKSON AVENUE.
4. APPLICANT IS RESPONSIBLE FOR BARRICADING ALLEY AND
PARKING LOT. EMERGENCY PERSONNEL ACCESS MUST REMAIN
OPEN AT ALL TIMES, THEREFORE, NOTHING SHALL BE STORED OR
SET-UP IN THE ALLEY.
5. THE CITY MUST BE IN RECEIPT OF A CERTIFICATE OF INSURANCE
• NAMING THE CITY, ITS OFFICIALS, EMPLOYEES, AND AGENTS, AS
City Council Minutes
Apri116, 2012
Page 6
ADDITIONAL INSURED PRIOR TO THE EVENT. THE MINIMUM
LIMITS MUST BEAT LEAST $1,000,000. •
6. TENTS MUST MEET APPLICABLE STATE AND FIRE BUILDING CODE
REQUIREMENTS. NO STAKES SHALL BE POUNDED INTO THE
PAVEMENT. APPLICANT IS RESPONSIBLE FOR CONTACTING THE
FIRE MARSHAL AT 763.635.1110 TO SCHEDULE AN INSPECTION PRIOR
TO USE OF THE TENTS.
7. APPLICANT IS RESPONSIBLE FOR GARBAGE CLEAN-UP
IMMEDIATELY FOLLOWING THE EVENT.
8. THE APPLICANT SHALL PROVIDE ENOUGH PORTABLE TOILET
FACILITIES THROUGH A PRIVATE CONTRACTOR TO
ACCOMMODATE THE EXPECTED ATTENDANCE.
9. APPLICANT WILL WORK WITH THE PARKS AND RECREATION
DEPARTMENT REGARDING THE MUSIC THE BAND PERFORMS.
10. APPLICANT IS RESPONSIBLE FOR ANY ASSOCIATED FEES RELATING
TO PARK USE AND PERSONNEL (POLICE AND PARK EMPLOYEES).
MOTION CARRIED 5-0.
Council further directed staff to work on a polity that would allow use of city-owned
property for private events.
9. Announcements
Mr. Fortner provided an update on the Wapiti lawsuit.
Mr. Fortner stated the Minnesota Pollution Control Agenry sent the city a letter today that •
clears the HRA owned parking lot of any fuel tank issues.
10 Recess to Worksession
Council recessed at 7:30 p.m. and reconvened at 7:40 p.m.
10.1 Review Updates to Personnel Policy Manual
Mr. Fortner reviewed proposed changes to the Personnel Policy manual. This item will come
back to Council for consideration and adoption at a future Council meeting.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 9:00 p.m.
Tina Allard, City Clerk
•