07-15-2013 CCM i
City of
Meeting of the Elk River City Council
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°ver Held at the Elk River City Hall
Monday, July 15, 2013
Members Present: Mayor Dietz, Councihnembers Westgaard and Motin
Members Absent: Councilmember Burandt
Staff Present: City Adininistrator Calvin Portner, Coininunity Operations and
Development Deputy Director Jeremy Barnhart, Finance Director
Tim Simon, Fire Chief John Cunningham, Assistant Economic
Development Director Clay Wilfarht, Building Maintenace
Supervisor Gary Lore, IT Manager Bob Pearson, City Engineer Justin
Fennrite, City Attorney Peter Beck, and City Clerk Tina Allard
I. Cali Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Ell-,River City Council
was called to order at 6:30 p.m. by Mayor Dietz.
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2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 01 /01/2013 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the July 15, 2013, agenda. Motion carried 4-0.
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4. Consider Consent agenda
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Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the follow=ing consent agenda:
4.1 July 1, 2013, Regular Council Minutes
4.2 Check register as outlined in the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Special event permit and temporary on-sale liquor license to Sherburne
County Area United We Dance for Saturday, September 14, 2013
subject to the following conditions:
1. A Certificate of Insurance naming the city as an additional insured
must be received prior to the event.
2. Applicant must obtain property owner permission for the use of
any private property.
3. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed. The city will provide a list of the
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July 15,2013
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property owners who must be notified. Event planner must submit
an affidavit that the notice was distributed.
4. The applicant shall hire a private certified traffic control installer to
supply and place all traffic control for the planned street closures as
indicated on the attached Downtown Street Closure Plan. Street
closures shall not be put in place before 11:00 a.m. the day of the
event and must be removed by 8:00 a.m. the morning following the
event.
5. Listed below are a number of certified firms that may assist with
traffic control needs. (There may be other companies that are not
listed.)
® Geyer Rental—Traffic Division 320.253.9005
® United Rentals 763.428.1421
Trans ignal 763.241.0789
6. Tents must meet applicable state and fire building code
requirements. No stakes shall be pounded into the pavement.
Stakeless tents shall be used. Applicant is responsible for
contacting the fire marshal at 763.635.1110 or 763.238.3489 to
schedule an inspection prior to opening of the tents.
7. Outside food sales must comply with all Minnesota Department of I
Health rules and regulations.
8. No alcohol is allowed to be served by outside food vendors unless
properly licensed to do so.
9. A Certificate of Liquor Liability insurance naming the city as an
additional insured must be received prior to the event. If the
certificate is not received, no beer garden will be allowed.
10. Alcohol must be limited to an area enclosed by fence with a
secured, controlled access. A police officer must be on duty the
entire time alcohol is served. Applicant is responsible for fees
associated with police personnel on duty.Applicant must contact
the Police Department (Captain Ron Nierenhausen 763.635.1202)
to arrange for police services.
11. No tobacco or alcohol use allowed on park property.
12. Applicant shall provide garbage service through a private
contractor.
13. Applicant shall provide portable toilet facilities through a private
contractor.
4.5 Special event permit to Church of St. Andrew for Sunday, September
22, 2013,with the following conditions:
1. Inspection of the outside area will take place prior to the event
when there is a tent. Applicant must contact the fire marshal at
763.635.1110 for an inspection after the tent area has been set up.
2. Event parking may not obstruct public roadways or render them
unsafe for vehicle or pedestrian traffic.
3. If traffic becomes a problem around the temporary site, the sales
area shall be delineated with a barrier to restrict traffic.
4. No electrical services shall be across any drive or walking surface.
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5. All temporary signs shall receive a permit prior to display.
6. Alcohol must be limited to an area enclosed with a fence with
secure, controlled access.
4.6 Resolution 13-43 acknowledging contributions to the Elk River Police
Department in the amount of$1,475.
4.7 Resolution 13-44 authorizing execution of a joint powers agreement
with the City of Albertville (Evans Park, Inc. Project).
4.8 Review sign ordinance.
4.9 United States Postal Box placed on City Hall campus as outlined in
staff report.
4.10 Resolution 13-45 authorizing the city to submit a point source
implementation grant application to the Minnesota Public Facilities
Authority and to authorize city officials to execute a grant agreement.
on behalf of the City of Elk River for the Wastewater Treatment
Facility Improvements.
4.11 Agreement with B&B Sheet Metal& Roofing, Inc. in the amount of
$98,900 for the Fire Station#1 roof replacement project.
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Motion carried 4-0. j
S. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month — Mayor Dietz
Mayor Dietz introduced,read,and presented a plaque to July Volunteer of the Month Holly
Mogler. He noted the following accomplishments: j
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® Member of Earle Childhood and Family Education Advisory Council for 4 years �
® Volunteer for schools such as 1"grade teachers at Meadowvale, parent liaison,
fundraisers, book fairs,varsity teams, etc.
® Church nurseq and vacation bible school
® Girl and Boy Scouts
6.2 Distinguished Budget Presentation Award for 2013 Budget
Mr. Simon stated he is proud to receive the award for the 5th year in a row. He
discussed the criteria requirements its order to receive the award. He thanked Council
and staff for then support.
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Mayor Dietz thanked Mr. Simon and his department for all their efforts.
8.1 Comprehensive Plan update
Mr. Barnhart presented the staff report.
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8.2 Petition for Nature's Dry Cleaning Related to Sanitary Sewer Fees
Mr. Barnhart presented the staff report.
Counciltnetnber Wilson stated he would abstain from the vote because the applicant
is a customer with his employer.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the agreement and authorize the audit and authorize the
changes after the time period in the agreement.
Attorney Beck stated the applicant would have to meet Met Council requirements
regarding the units over four years. He noted an adjustment would be made after
four years if the usage is overstated. He further noted language in the second
agreement of the city paying SAC and NX/AC charges but then being able to assess the
charges back to the applicant.
Councihnember Motin asked for clarification of the inotion. He noted he
understood it as giving approval for staff and the mayor to do the audit and then to
sign the agreement four years from now.
Attorney Beck stated the motion should be to approve the agreements and authorize
execution of the agreements by the Mayor and City Clerk if the applicant submits
signed copies of the petition. He stated the agreement sets up a four year look back
schedule.
Mayor Dietz inquired how long the assessments-,would be allowed to be paid back
over tithe.
Attorney Beck stated there is a table laid out in the policy and it was noted in this
case it would be 5 years.
Councilmember Westgaard changed his motion to approve the agreement
and to authorize the mayor and city clerk to execute the agreement once the
signed versions of both agreements are received from the applicant.
Councilmember Motin was amendable to the change in the motion.
Motion carried 3-0. Counciltnetnber Wilson abstained.
8.3 Elk River Fire Relief Association 2014 Benefit Level
Mr. Simon presented the staff report.
Mayor Dietz noted the financial advisor attends all the fire relief ineetings.
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July 15,2013
Moved by Councilmember Wilson and seconded by Councihnember Motin to
approve the Elk River Fire Relief Association benefit level per year of service
to $5,167 per year effective January 1, 2014.
Motion carried 4-0.
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8.4 Maintenance Facility Open House
Ms. Fischer presented the staff report. She showed the banner that would be
displayed along Highway 10. I
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve expenditures up to $2,000 from Council Contingency for
the Maintenance Facility Open House.
Motion carried 4-0.
7.1 Conditional Use Permit: Aggregate Industries to Amend Existing
Permit Hours of Operation, Case No. CU I3-09
Mr. Barnhart presented the staff report.
Mayor Dietz opened the public hearing.
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Lou Perd, 19796 Lowell Street- Stated he is opposed to the change in hours.
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Mayor Dietz closed the public hearing.
Councilmember Wilson questioned when the company would cease operations on
Saturdays.
Mr. Barnhart stated gravel crushing ends at midnight but other normal operations
can operate 24 hours a day.
Councilmember Moti n asked if surrounding property owners were notified of the
proposed change.
Staff stated property owners witivn 350 feet were sent notice as required by law. He
indicated on a map some properties notified. He also stated that the applicant is very
good at responding to any issues in a tamely nnanner.
Counciltmernber Westgaard stated the company has been a fair and amendable
business to the community and he has heard no complaints or opposition to the
request (other than the citizen who spoke tonight).
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The applicant stated there is opportunity in his permit for the city to change the
hours if there are noise issues. He further noted all the neighbors were invited to a
dinner meeting and there were no complaints.
Moved by Council-member Motin and seconded by Councilmember
Westgaard to approve Conditional Use Permit, Case No. CU 13-09, to allow
extended hours of operation to 24 hours per day, Monday through Saturday,
with the following conditions:
1. Operation does not cause a nuisance to surrounding properties as defined
by Section 46.36 of the Elk River City Code.
2. Process and practice remain the same as outlined in 1994 Environmental
Impact Study (EIS).
3. Traffic generation remains consistent with previous years.
4. Dust continues to be controlled via water suppression.
Motion carried 4-0.
7.2 Conditional Use Permit: Preferred Powder Coating to Allover
Overhead Doors Facing Street, 10846 1701h Court NW, Case No. CU
13-08
Mr. Barnhart presented the staff report. He noted the reason this district has the
requirement of doors not being allowed to face the street is because dne development
was designed to be a higher quality. He stated die applicant proposes screening to
minitnnize visual impact.
Mayor Dietz opcncd dnc public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Councilinernber Westgaard questioned which elevations face front (170`''Lane or
Twin Lakes Road .
Mr. Barnhart indicated on a snap the t\vo sides facing street frontage and that city
ordinance defines both elevations as street frontage.
Councihnember Westgaard stated the Council needs to work to meet the design
standard requirements; however in this particular case, given the distance to Twin
Lakes Road, the implementation of berms and vegetation to assist in the design
criteria can be lniglnly effective. He stated it would be easier to work with these
changes on the Twin Lakes Road frontage versus 170`" Lane.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve Conditional Use Permit, Case No. CU 13-08 with the
following conditions:
1. Vegetative screening planted as indicated in attached landscape plan.
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July 15,2013
2. Plantings identified on the landscaping plan dated May 15, 2013, shall be
maintained and replaced as necessary.
3. As a Conditional Use Permit is not a Building Permit, the applicant shall
apply for all required permits.
4. Sampling manhole as required by utilities.
5. Parking lot islands as described.
6. The overhead doors are of similar color to the building fagade.
7. Refuse containers shall be meet city requirements.
8. Business park design criteria shall be met.
Motion carried 4-0.
7.3 Variance: Solid Rock Church Appeal to Allow Matting of Three Lots of
Less Than Required Minimum Lot Size in the R I a Single-Family �
Zoning Districts, Case Igo. V 13-03
Mr. Barnhart presented the staff report. He further stated two of the lots have j
existing homes and the third could likely have a home built upon it. Mr. Barnhart
reviewed the requirements for a variance, the surrounding lots in the neighboring
Brentwood community. He noted most of the lots are less in acreage than die lots
being requested in the split by die church.
Mayor Dietz opened the public hearing.
Lisa Benson, 11886 195`h Avenue - Stated the vacant lot is fully treed with abundant
,vildlife and expressed concerns with this variance not meeting die goals of the city's
comprehensive plan. He stated the lot should be prescived as open space.
Pastor Bill Matthews, 19575 Lowell Street, representing Solid Rock Church—
Stated the church cleaned the debris and planted die existing trees on the lot. He
sated they have no immediate plans for the lot. Mr. Matthews stated the church was
asked by tie city or county to combine the lots a few years back and the bank
questioned why the church did it. He further stated the bank recommended keeping
the lots split.
Lou Perd, 19796 Lowell Street- Stated there are covenants in place requiring larger
lot sizes. He stated he is opposed to the allowance of three lots and likes the area
density as it stands now.
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Mayor Dietz noted the city doesn't enforce covenants as they are a private issue.
1\Jayor Dietz closed the public hearing.
There was discussion on the lot sizes and how most of tiem seem to be non-
conforming to the 2.5 acre requirement currently in place.
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July 15,2013
Councilmember Wilson stated he would be abstaining from this item due to the
relationship of his employer to the applicant.
Councilmember Westgaard stated the proposal is not different than what is already
platted in the surrounding community and noted 15 of the 20 lots are smaller than
2.5 acres. He commented that as much as the city would like to preserve nature, it is
tough at the same time to tell property owner they are not entitled to reasonable use
of their property because neighbors don't want it. He stated he didn't feel this
request was unreasonable.
Councihnember Motin concurred with Councilrnember Westgaard noting the
surrounding lot sizes.
There was discussion about the lot shapes and if staff could work with the applicant
on changing them.
Attorney Beck stated the Council can't direct staff to change the lot shapes because
they are currently only dealing with the appeal to the variance. He stated the motion
should be to bring this item back with a resolution for denial of the variance appeal if
the Council is planning to deny it.
Council consensus was to direct staff to prepare a resolution with findings for
the denial of the variance appeal.
Motion carried 3-0. Councilmember Wilson abstained.
7.4 Appeal Request by Decklan Group/Granite Shores Regarding
Interpretation of Sign Regulations for Free-Standing Sign in
Downtown District (633 plain Street), Case No. V 13-04
Mr. Barnhart presented the staff report and noted this item is delayed.
Mayor Dietz opened the public hearing. There being no one to speak to thus issue,
Nfayor Dietz continued the public hearing to the August 19, 2013 City Council
meeting.
Moved by Councilmember Motin and seconded by Councilmember Wilson to
continue this item to the August 19, 2013 City Council meeting.
Motion carried 4-0.
7.5 Disposition of City Owned Property (Lot I, Block 3, Nature's Edge
Business Park)
Mr. Wilfahrt presented the staff report. He asked Council for approval,in principle,
for the land sale. He stated the documents in the staff report have some
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inconsistencies that require further review and would not be ready for approval at
tonight's meeting.
Mayor Dietz opened the public hearing.
Dan Vosser, owner of Preferred Powder Coating- Stated he would like to snake
sure this project moves forward in a timely manner as he would like to begin
construction in August.
Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councihnember
Motin to approve the land sale but reserve the right to review the documents
on the Council Consent Agenda.
Motion carried 4-0.
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Mr. Portner provided an update regarding the county fair parade. He also updated
Council on the request for proposals for financial advisors and asked if any
Councilmembers would like to participate in the intetl7iews.
It was consensus of the Council to have Councilinember Wilson on the interview
committee.
The Council recessed at 7:32 p.m.
The Council reconvened in worksession at 7:38 p.m.
9.1 Sign Request in Easement (Jerry's Auto 16854 Highway 10)
Mr. Barnhart presented the staff report.
Attorney Beck explained that because the city has easement rights in this location,
the Council has the opportunity to enter into an agreement with Mr. Minor to allow
signage.
Council consensus was to direct staff to draft an agreement for Council
consideration to allow the signage in the easement.
9.2 Signage in Right-of-Ways
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Mr. Cunningham presented the staff report.
Counciltnember Motin stated he has no interest in changing the current ordinance.
He stated the biggest issue has been enforcement due to past budget constraints. He
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expressed safety concerns with various underground utilities. He suggested providing
better education to the public. He noted other similar requirements with cities, the
county and state.
Mayor Dietz questioned if any utilities have been dainaged in the right-of-way from
signage. He stated the city will have upset residents if signs are continually pulled. He
stated he likes the date option outlined in the staff report and noted that most people
he has tallied witli would be willing to put their naive/address on their sighs.
Chief Cunningham stated the city visioning and goals outline the Council's desire to
beautify and clean up the inain corridors. He stated staff does get complaints about
signage and felt staff shouldn't be put in a position to be selective and have to guess
on the signs that should be pulled. He further noted city staff needs to enforce
ordinances as they are written.
Mayor Dietz questioned why Maple Grove can be selective in their ordinance
regarding signage types.
Attorney Beck stated Maple Grove could have issues with their ordinance if.
challenged.
Counciltnember Wilson stated he agrees with Counciltnember Motin and signage in
right-of-way should not be permitted. He suggested an educational campaign over
the winter but questioned how to continue with current enforcement in the interim.
He stated there are other ways to promote businesses and garage sales. He stated
signage doesn't add any beauty to the cotntnunity.
Councihnernnber Westgaard concurred«pith Counciltilember Wilson. He further
stated the city can't have an ordinance with no intention of enforcing it. He noted
the city won't be able to stop people from putting up signs and that crafting and
ordinance with dates becomes more difficult for enforcement. He agreed there
should be more of an educational plan to the public. He further noted an ordinance
change would conflict with county and state requirements;thereby making
enforcement more difficult.
Mayor Dietz stated he is concerned with the effect on die arena and youth groups by
not changing the ordinance and he would like to fund some noddle ground.
Councilmernber Motin expressed concerns with the legality of picking and choosing
advertisers who are allowed signage. He noted property owners don't like signage in
their yards so die city becomes a dumping ground.
Counciltnember Wilson suggested taking a hiatus on enfotcetnent of the ordinance
for the remainder of the year and for staff to focus on education and enforcement
next yeat.
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Chief Cunningham asked how staff should address a sign complaint if a hiatus is
taken.
Mayor Dietz noted staff needs clear direction on this item.
Mt. Portner stated the missing component seems to be communication and
education to the public. He suggested staff create various educational materials to
distrubute and handout to violators and for some proactive pieces. He stated this
item could be reviewed again in 2015 to gauge its progress.
Three Councihnembers concurred to enforce the current ordinance and for staff to
work on an educational campaign.
9.3 2014 Budget
Mr. Simon presented the staff report.
Conununity Operations and Development (engineering,planning,) IT, building
maintenance presented their requested budgets and goals for 2014.
Mt. Pearson noted the relief association does appreciate the Council's support
(referring to Item 8.3). i
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10. Adjournment
Mayor Dietz read a statement to note the City Council will be holding a closed
meeting pursuant to MN Statutes 13D.05 immediately after this meeting in order to
complete a performance evaluation of the city administrator.
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:00 p.m.
J nn J. ietz, )70t
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Tina Allard, City Clerk
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