06-17-2013 CCM MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JUNE 17, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Westgaard,Burandt, and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Director Suzanne Fischer, Community Operations and
Development Deputy Director Jeremy Barnhart,Finance Director Tina
Simon,Street Superintendent Mark Thompson,Park Planner Chris
Leeseberg, City Attorney Peter Beck, and Executive Secretary/Deputy City
Clerk Jessica Miller
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 6:03 p.m. by Mayor Dietz.
3. Consider June 17, 2013,Agenda
Mayor Dietz indicated that the Council will begin the meeting in Upper Town with the work
session items and return to the regular meeting at 6:30 p.m.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 5-0.
10. Recess to Work Session
The Council recessed at 6:03 p.m. in order to go into work session. The Council
reconvened at 6:05 p.m.
10.2 Facilities Master Planning Study
Mr. Portner presented his staff report. He indicated that as part of the study, current city
facilities would also be reviewed to explore the potential to improve utilization.
Councilmember V/ilson questioned if sites other than Lion's Park have been considered. Nir.
Portner stated that the plan will include alternative locations. He explained that keeping
facilities close to the schools enhances the center city area and improves opportunities to sell
ice.
Mayor Dietz indicated that he has no issue conducting a study but he would like to see a
plan for the sale of the current activity center and arena prior to beginning any new
construction. He added that he is not in favor of the city getting into the banquet business.
Councihnember Motin concurred.
Council Consensus was for staff to move forward with preparation of a Request for
Proposal.
City Council Dvlinutes Page 2
June 17,2013
10.3 Discuss Bitner Conditional Use Permit
Councihnember Motin abstained from this discussion as Mr. Kunza is his client.
Mr. Barnhart presented the staff report. He explained that after further inspection of the
driveway,it does not appear that Ivlr. Bitner's equipment is causing the deterioration of Mr.
Kunza's driveway. He added it also does not appear that Mr.Bitner is in violation of his
conditional use permit (CUP) and there is no recommendation to pursue legal remedies to
revoke the CUP at this time.
The Council recessed at 6:22 p.m. in order to go into the televised regular meeting.The
Council reconvened at 6:29 p.m.
2. Pledge of Allegiance
The Pledge of Allegiance'�vas recited.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 JUNE 3, 2013, REGULAR MEETING MINUTES.
4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.3 PAY ESTIMATE AS OUTLINED IN THE STAFF REPORT.
4.4 LICENSING
A. TOBACCO LICENSE TO THE ECIG PALACE LLC,19264
EVANS STREET NW,VALID UNTIL DECEMBER 31, 2013.
B. TEMPORARY SALES/STORAGE OF FIREWORKS LICENSES
WITH THE CONDITION THAT AN INSPECTION OF THE
OUTSIDE SALES AREA SHALL TAKE PLACE PRIOR TO
OPENING TO THE PUBLIC. APPLICANT IS RESPONSIBLE
FOR CONTACTING THE FIRE MARSHAL AT 763.635.1110 FOR
AN INSPECTION AFTER THE TENT HAS BEEN SET UP.ALL
TENTS MUST BE REMOVED NO LATER THAN JULY 8,2013.
1. RENAISSANCE FIREWORKS IN THE ELK PARK
CENTER PARKING LOT, 19176 FREEPORT STREET
NW,JUNE 21 THROUGH JULY 8,2013.
2. SNAP FIREWORKS IN THE MENARDS PARKING LOT,
19521 EVANS STREET NW,JUNE 20 THROUGH JULY 6,
2013.
3. SNAP FIREWORKS IN THE VACANT LOT AT 18130
ZANE STREET NW,JUNE 21 THROUGH JULY 8, 2013,
WITH THE ADDED CONDITION THAT AN AREA ON
AND AROUND THE LOCATION OF THE SALES TENT
SHALL BE MOWED TO CREATE A 20-FOOT FIRE
BREAK.
C. PUBLIC DISPLAY OF FIREWORKS/PYROTECHNIC LICENSE
TO RES SPECIALITY PYROTECHNICS, INC.TO CONDUCT A
City Council A/1inutes Page 3
June 17,2013
PYROTECHNIC DISPLAY FROM THE ELK RIVER HIGH
SCHOOL FOOTBALL FIELD ON JULY 4,2013, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. FIRE WATCH SHALL BE ESTABLISHED PER
DIRECTION OF THE FIRE MARSHAL.
2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.238.3489 TO SCHEDULE A PRE-LOADING AND A
POST-LOADING INSPECTION.
D. PEDDLER LICENSE TO FAYSAL HASSAN,BLAINE ANOKA
ICE CREAM,VALID THROUGH DECEMBER 31,2013.
E. SPECIAL EVENT PERMIT FOR THE YMCA FOR A 5K
WALK/RUN ON SATURDAY,JULY 20, 2013, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE
CLEAN-UP IMMEDIATELY FOLLOWING THE EVENT.
2. NO PAINT ALLOWED ANYWHERE ON TRAILS. CHALK
OR CONES MAY BE USED.
3. WALKERS/RUNNERS ARE TO UTILIZE SIDEWALKS,
TRAIL SYSTEMS, OR ROAD SHOULDERS THROUGHOUT
THE ENTIRE ROUTE.NO ROAD CLOSURES WILL BE
PERMITTED. IT IS EACH RUNNER'S RESPONSIBILITY
TO ENSURE THE STREETS/INTERSECTIONS ARE SAFE
PRIOR TO CROSSING.
4. THE YMCA SHALL DESIGNATE RACE MARSHALS TO
MONITOR THE RACE ROUTE AND PARTICIPANTS AND
CONTACT POLICE CAPTAIN RON NIERENHAUSEN AT
LEAST THREE WEEKS IN ADVANCE TO ARRANGE FOR
POLICE RESERVES.
5. PUBLIC WALKWAYS MAY NOT BE BLOCKED.
F. TOBACCO LICENSE FOR RALPHIE'S VICTORY LANE,13374
HIGHWAY 10 NW,VALID UNTIL DECEMBER 31, 2013.
G. ANNUAL RENEWAL OF LIQUOR LICENSES:
1. ON-SALE AND SUNDAY LIQUOR FOR THE AMERICAN
LEGION VALID JULY 1,2013,THROUGH JUNE 30,2014.
2. ON-SALE AND SUNDAY LIQUOR LICENSES FOR
ESPRESSO AND SMOOTHIES LLC,DBA EL AMIGO'S
VALID JULY 1,2013,THROUGH JUNE 30,2014.
4.5 RESOLUTION 13-35 PROVIDING FOR THE REDEMPTION OF
ELECTRIC REVENUE BONDS 2004A.
4.6 RESOLUTION 13-36 APPROVING TRANSFER FOR THE PARK
IMPROVEMENT FUND.
4.7 AGREEMENT FOR BUILDING OFFICIAL SERVICES WITH THE
CITY OF SAINT FRANCIS.
4.8 RESOLUTION 13-37 AWARDING CONTRACT IN THE 2013 SEAL
COAT IMPROVEMENT PROJECT.
4.9 CIVIL LEGAL AND PROSECUTION ATTORNEY SERVICES
CONTRACTS :
1. AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY
AND PETER K. BECK,ATTORNEY AT LAW PLLC.
2. AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY
AND HAWKINS AND BAUMGARTNER, P.A.
4.10 TAX FORFEITURE LAND
i
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June 17,2013
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1. RESOLUTION 13-38 REGARDING THE CLASSIFICATION OF
CERTAIN TAX FORFEITED LAND LOCATED WITHIN THE
CITY OF ELK RIVER AND SPECIFYING THE PARCELS TO BE
SOLD,TAKEN FOR PUBLIC USES,AND TAKEN FOR PUBLIC
PURPOSES.
2. RESOLUTION 13-39 AUTHORIZING THE CITY TO APPLY FOR
A CONDITIONAL USE DEED.
4.11 AGREEMENT WITH MSDS ONLINE FOR MSDS ONLINE
COMPLIANCE MANAGEMENT.
MOTION CARRIED 5-0.
5. Oben Forum
No one appeared for open forum.
6.1 District 30A House Representative Nick Zer-was Legislative Update
Mr. Zetwas provided an update on legislative activities.
6.2 Elk River Girls Fastpitch Softball Registration
The Council acknowledged the Ell,River girls fastpitch softball team on their state
championship.
Stacey Sheetz,head coach, thanked the Mayor for inviting the team to attend the meeting
and expressed her appreciation for the Mayor and Council's acknowledgement of their
season.
6.3 Volunteer of the Month
Mayor Dietz introduced,read, and presented a plaque to the June Volunteer of the Month
James Holt. He highlighted some of Mr. Holt's volunteer accomplishments:
Beyond the Yellow Ribbon Steering Committee and Faith-Based Committee.
° Board member of Great River Family Promise's emergency homeless shelter
program for children and their families.
Love Elk River board member.
° Elk River Community Fireworks Committee.
° Money life mentor for Crown Financial Ministries
Social Justice Committee at the Church of Saint Andrew.
1\�. Holt stated he is very honored to receive the award and encouraged citizens to
volunteer.
7.1 Tim Pomerleau (Kliever Lake Fields 4th
A. Conditional Use Perinit, Case No. CU 13-06
B. Ordinance Amendment for a Zone Change from R-3 to Planned Unit Development,
Case No. ZC 13-03
C. Preliminary Plat and Resolution 13-40 for Final Plat, Case No.P 13-01
D. Resolution 13-41 for Easement Vacation, Case No. EV 13-02
Mr. Barnhart presented his staff report.
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June 17,2013
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Mayor Dietz opened the public hearings for the items listed above.There being no one to
speak to these issues,Mayor Dietz closed the public hearings.
Mayor Dietz questioned the status of the issue regarding private water lines that was
discussed at the last Utilities Commission meeting.Ivlr.Barnhart indicated that Ella River
Municipal Utilities worked with the project engineer and the issues have been resolved.
Councilmember Motin expressed his concerns with setbacks and having townhomes
constructed too close to Fillmore Street.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON TO ADOPT ORDINANCE 13-14 AMENDING
THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY FROM R-3 TOWNHOUSE/MULTIPLE FAMILY RESIDENTIAL
TO PLANNED UNIT DEVELOPMENT (PUD), CASE NO. ZC 13-02. MOTION
CARRIED 4-1. Councilmember Motin opposed.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE CONDITIONAL USE
PERMIT, CASE NO. CU 13-06. MOTION CARRIED 4-1. Councilmember Motin
opposed.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE PRELIMINARY PLAT,
CASE NO. P 13-01,AND ADOPT RESOLUTION 13-40 GRANTING FINAL PLAT
APPROVAL FOR KLIEVER LAKE FIELDS 4TH ADDITION, CASE NO. P 13-01,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THE PROPERTY SHALL BE REZONED TO PUD AND A PLANNED
UNIT DEVELOPMENT AGREEMENT SHALL BE AGREED TO.
2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES.
THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE
HYDRANTS,AND MAY REQUIRE ADDITIONAL HYDRANTS
NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE
RESIDENTS.
3. A COMMON PLATTED LOT SHALL BE PROVIDED TO COVER ACCESS
DRIVES, GREEN AREAS,AND UTILITIES. A BLANKET DRAINAGE
AND UTILITY EASEMENT SHALL COVER THIS LOT.
4. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF
CONSTRUCTION DRAWINGS.
5. LANDSCAPING IMPROVEMENTS SHALL BE MADE AS
RECOMMENDED IN STAFF'S EXHIBIT A.
6. UTILITY CONNECTIONS SHALL BE MADE AS RECOMMENDED IN
STAFF'S UTILITY RECOMMENDATION, EXHIBIT B
7. UTILITY ABANDONMENT PLAN SHALL BE APPROVED BY THE CITY
ENGINEER.
8. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE LANDSCAPING AND UTILITY IMPROVEMENTS SHALL BE
SUBMITTED PRIOR TO THE RELEASING OF THE FINAL PLAT FOR
RECORDING.
9. ALL REQUIRED SUBDIVISION SHALL BE PROVIDED IN AN
ELECTRONIC FORMAT (.DWG FILE)AS REQUIRED BY THE CITY
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June 17,2013
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ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING
OF THE PLAT.
10. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER
1 YEAR,UNLESS THE PROPERTY OWNER OR OWNER'S AGENT HAS
SUBMITTED A FINAL PLAT OR LETTER OF REQUEST FOR
EXTENSION,
11. SATISFACTION OF THE EASEMENT VACATION ISSUE AS PART OF
KLIEVER LAKE FIELDS 3PD ADDITION TO THE SATISFACTION OF
CENTERPOINT ENERGY.
MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO ADOPT RESOLUTION 13-41 VACATING A
DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 13-02. MOTION
CARRIED 5-0.
7.2. Conditional Use Permit: Bialon Jai-=is,LLC. Case No. CU 13-07
IAr.Leeseberg presented his staff report.
May=or Dietz opened the public hearing, there being no one to speak to this issue,May=or
Dietz closed the public hearing.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE CONDITIONAL USE
PERMIT, CASE NO. CU 13-07,WITH THE FOLLOWING CONDITIONS:
1. ALL OUTDOOR STORAGE AREAS SHALL BE SURFACED WITH AN
APPROVED SURFACE AND SHALL BE SETBACK A MINIMUM OF 10
FEET FROM ALL PROPERTY LINES.
2. ALL OUTDOOR STORAGE SHALL BE SCREENED BY FENCING,
STRUCTURES, LANDSCAPING, OR A COMBINATION THEREOF.
3. ALL CHAIN LINK FENCING SHALL HAVE OPAQUE SLATS UNLESS
OTHERWISE NOTED.
4. FENCING ALONG THE EAST PORTION OF THE OUTDOOR STORAGE
AREA SHALL BE A SOLID PRIVACY FENCE.
5. ALL STORAGE OF EQUIPMENT,VEHICLES,AND MATERIALS SHALL
BE CONTAINED WITHIN THE FENCED AREA ON AN APPROVED
SURFACE.
6. THE PARKING/DRIVE AREA SHALL BE DEFINED WITH B612
CONCRETE CURBING AND NON-DRIVE AREAS SHALL BE
RETURNED TO GRASS.
7. ALL ACCESS POINTS SHALL HAVE A CONCRETE APRON INSTALLED.
8. A LANDSCAPE PLAN SHALL BE PREPARED THAT PROVIDES 16 TREES
IN THE FRONT YARD AND ALONG THE EAST PROPERTY LINE. A
LANDSCAPE PLAN SHALL BE SUPPLIED TO THE CITY FOR REVIEW
AND APPROVAL.
MOTION CARRIED 5-0.
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June 17,2013
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8. General Business
There were no general business items.
9. Announcements
There were no announcements.
10. Recess to Work Session
The Council recessed at 7:18 p.m. in order to go into work session.The Council
reconvened at 7:23 p.m.
10.1 Starbucks Concept Review
Mi.Barnhart presented the staff report.
Councilmember Motin questioned if surrounding property owners would receive
notification of the proposal if this concept moves forward. IVIn Barnhart indicated that they
would.He added that MnDOT would also be notified.
Council consensus was for staff and the applicant to move forward with the concept.
11. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River Cite
Council at 7:36 p.m.
Minutes prepared by Jessica Miller.
J 1 n J. ietz,Ma dr
Tina Allard, City Clerk