4.1. DRAFT MINUTES 09-03-2013 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, August 19, 2013
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, 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
Tim Simon,Economic Development Director Brian Beeman,
Assistant Director of Economic Development Clay Wilfahrt, Planner
Chris Leeseberg, Fire Chief T.John Cunningham,Building Official
Bob Ruprecht,Planner Chris Leeseberg, City Attorney Peter Beck,
and Executive Secretary/Deputy City Clerk Jessica Miller
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:13 p.m. by Mayor Dietz.
2. Pledge of Allegi,: ce
The Pledged Allegiance was recite .'
3. Consider 08 /19/2013 Agenda
*Item 8.6 was moved to follow item 7.;
Moved by Councilmember Motin and seconded by Councilmember Wilson to
approve the August 19, 2013, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the following consent agenda:
4.1 August 5, 2013, regular and August 12, 2013, special meeting minutes.
4.2 Check register as outlined in the staff report.
4.3A Pay estimate for the 2013 Street Improvement Project as outlined in the
staff report.
4.3B Pay estimate for the Bailey Point Nature Preserve parking lot as
outlined in the staff report.
4.3C Pay estimate for the public works building as outlined in the staff
report.
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August 19,2013
4.4 Woodland Trails Park County Ditch Crossing Agreement.
4.5A Special event permit to Guardian Angels for a walking event scheduled
for September 14, 2013, with the following conditions:
1. Applicant must notify surrounding businesses, residents, and
organizations abutting the route. The city will provide a
template of the notice that must be distributed.The city will
also provide a list of property owners who must be notified.
Event planner must submit an affidavit that the notice was
distributed.
2. Applicant shall be responsible for garbage clean-up
immediately following the event.
3. No paint allowed anywhere on trails. Chalk or cones may be
used.
4. Walkers 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.
5. Guardian Angels shall designate race marshals to monitor the
race route and participants.
4.513 Special event permit to Classic White Truck Group for a truck show on
Saturday,August 31, 2013, subject to the following conditions:
1. On-street parking to be used for customers only.All display
vehicles must be confined to LeFebvre property.
2. No parking permitted on 171st Avenue.
3. Exterior sound systems/music must comply with city noise
ordinance.
4. Applicant must notify area businesses of event and anticipated
increase in street parking. The city will provide a template of
the notice that must be distributed. The city will also provide a
list of property owners who must be notified. Event planner
must submit an affidavit that the notice was distributed.
5. Prior to display, all temporary signage shall receive the
appropriate permit.
6. Applicant must contact Fire Marshal Cliff Anderson at
763.635.1110 or 763.238.3489 during event set up for a walk-thru
inspection of the property to ensure proper accessibility to the
buildings and adjacent properties is maintained during the
event.
4.5C Travis Manion Foundation for a 9/11 Heroes Run on Saturday,
September 7, 2013, with the following conditions:
1. Applicant must notify surrounding businesses, residents, and
organizations abutting the route. The city will provide a
template of the notice that must be distributed.The city will
also provide a list of property owners who must be notified.
Event planner must submit an affidavit that the notice was
distributed.
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2. Applicant must contact Police Captain Ron Nierenhausen
(763.635.1202) at least two weeks prior to event to arrange for
police reserves.
3. Race may begin and end at the Downtown River's Edge Park
with the understanding that the park must remain open to the
public at all times.
4. Applicant shall be responsible for garbage clean-up
immediately following the event.
5. No paint allowed anywhere on trails. Chalk or cones may be
used.
6. Walkers 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.
4.51) Elk River Golf Club for Movie Night on Friday,August 23, 2013,
subject to the following conditions:
1. Inspection of the outside area by the Fire Department must
take place prior to event. Applicant is responsible for contacting
Fire Marshal Cliff Anderson at 763.635.1110 to arrange for an
inspection after event set up is complete.
2. Applicant must notify area businesses of event and anticipated
increase in street parking. The city will provide a template of
the notice that must be distributed. The city will also provide a
list of property owners who must be notified. Event planner
must submit an affidavit that the notice was distributed.
3. Event parking may not obstruct public roadways or render
them unsafe for vehicle or pedestrian traffic.
4. No electrical services may be across any drive or walking
surface.
5. All temporary signs shall receive a permit prior to display.
6. All applicable noise ordinances must be followed.
7. Event must be consistent with map submitted.
4.6 Resolution 13-48 proclaiming September 2013 as National Senior
Activity Center Month.
4.7 Hire Katie Haase as administrative assistant for the Fire Department
beginning at pay grade 4, step A effective September 6, 2013.
4.8 Resolution 13-49 acknowledging contribution from Great River Energy
for the purpose of purchasing a child identification kit for the Police
Department.
4.9 Pyrotechnic Fireworks Display License for RES Specialty
Pyrotechnics, Inc. to conduct a pyrotechnic display at the Elk River
High School football field during high school football games on
September 6, September 20, October 4, and October 16, subject to the
following conditions:
1. RES Specialty Pyrotechnics, Inc. shall arrange for site
inspections by the Fire Department the days of the pyrotechnic
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displays. Applicant shall contact Fire Marshal Cliff Anderson at
763.635.1110 to schedule the inspections.
2. Additional display dates for 2013 can be added as authorized by
the fire chief. Applicant will be required to submit an
application for any additional dates.
4.10 Resolution 13-50 acknowledging contribution from resident Charles
Larson for a park bench to be installed at the city line end of the Great
Northern Trail.
4.11 Authorization to prepare an ordinance amendment for wineries.
Motion carried 5-0.
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 Lois Lundemo,Volunteer
of the Month for August. He noted the following volunteering accomplishments:
• Local organizer of Little Dresses for Africa
• Britches for Boys Around the World volunteer
• Knits hats and blankets for various organizations
• Various volunteer activities at Saint Andrews Church
• Red Cross volunteer
• Guardian Angels Care Center Auxiliary
• Past president and current member American Legion Auxiliary
6.2 Proclamation: Constitution Week September 17 — 23, 2013
Mayor Dietz read the proclamation.
Marilyn Schroeder expressed appreciation to the Council for recognizing the
Constitution. She encouraged all citizens to study the Constitution.
Mayor Dietz presented the proclamation to Ms. Schroeder.
8.3 Petition from Mark Leadens for Payment of SAC/WAC Amounts Paid
as a Special Charge
Mr. Barnhart presented his staff report. He stated Mr. Leadens is requesting payback
over seven years at 2.9%interest;however,the interest rate outlined in policy is
3.5%.
Councilmember Motin disclosed that the applicant is a client of his for unrelated
items and he does not believe there is a conflict. Councilmember Wilson stated Mr.
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Leadens is also a customer of The Bank of Elk River but he does not believe there is
a conflict.
Mr. Leadens was provided an updated copy of the 7-year payback schedule and was
agreeable.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the Petition, Waiver, and Agreement for Payment of Water
and Sewer Access Charges and Assessment of Amounts Paid as a Special
Charge under Minnesota Statutes, Section 429.101 for a term of seven (7) years
at a 3.5% interest rate. Motion carried 5-0.
8.4 Purchase of Digital Printer for Sign Shop
Ms. Fischer presented her staff report.
Moved by Councilmember Burandt and seconded by Councilmember Wilson
to approve the purchase of a Mimaki CJV30-130 digital printer/cutter for the
sign shop in the amount of$17,156.88 with funding from the Street Division
budget. Motion carried 5-0.
8.2 Professional Services to Update Existing Stormwater Pollution
Prevention Plan (SWPPP) and Develop the City's Surface Water
Management Plan (SWMP)
Ms. Fischer presented the staff report.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve a professional services proposal and authorize a
contract with WSB & Associates, Inc. in an amount not to exceed $29,800 for
services associated with updating the existing Stormwater Pollution
Prevention Plan (SWPPP) and drafting the city's Surface Water Management
Plan (SWMP). Motion carried 5-0.
7.1 Appeal Request by Decklan Group/Granite Shores Regarding
Interpretation of Sign Regulations for Free-Standing Sign in
Downtown District (633 Main Street), Case No. V 13-04
Mr. Leesberg presented the staff report.
Mayor Dietz opened the public hearing.
Tim Dolan, Decklan Group/representing Granite Shores— explained that he
believes staff, city attorney, and Board of Ad)ustments are incorrect in their
interpretation of city code and the proposed sign should be allowed. Mr. Dolan
reviewed city code and state statutes he believes are relevant.
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There being no one further to speak,Mayor Dietz closed the public hearing.
Mr. Beck indicated he believes the intent of the city code is to exclude these types of
signs.
Councilmember Motin stated the ordinances may need amending; however,he
believes the ordinances as written clearly prohibit signs of this nature and he agrees
with the Board of Adjustment's decision. He outlined various sections of the sign
ordinance he believes prohibit this type of sign.
Mr. Dolan stated he was told he was only able to appeal the specific reason provided
for the Board of Adjustments denial, therefore,the Council cannot base their
decision on other reasons. Mr. Beck explained that the Council can base their
decision on the appeal on any pertinent state or local laws.
Councilmember Westgaard agreed with Councilmember Motin that the intent of the
ordinance was interpreted correctly.
Consensus of the Council was that staff, city attorney, and Board of Adjustments
interpreted the city code correctly in their denial of the sign.
Moved by Councilmember Motin to deny the appeal request by Decklan
Group/Granite Shores regarding interpretation of sign regulations for
freestanding sign in Downtown District. Councilmember Motin withdrew his
motion.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard for staff to prepare a resolution of denial of the appeal request by
Decklan Group/Granite Shores regarding interpretation of sign regulations
for a freestanding sign in the Downtown District, Case No.V 13-44. Motion
carried 5-0.
Moved by Councilmember Burandt and seconded by Councilmember Wilson
to direct staff to review an ordinance amendment regarding sign regulations
in the Downtown District and for downtown businesses to be included in the
discussion. Motion carried 5-0.
Mayor Dietz questioned the timeline on a sign ordinance amendment. Mr. Leeseberg
stated staff is currently working with the Chamber of Commerce on amending the
entire sign ordinance. Mayor Dietz stated he would like to make this ordinance a
higher priority.
Councilmember Motin agreed that he would like to see this addressed quickly;
however,he cautioned against rushing. He added that he would like input from the
downtown businesses on their feelings of maintaining historic downtown.
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7.2 Resolution for Easement Vacation, Lot I, Block 3, Natures Edge
Business Center
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.
The Council questioned the process if the project does not proceed.
Mr. Beck explained that the Council can approve the resolution but direct staff not
to record the document unless it becomes clear that the Preferred Powder Coating
project is moving forward. He explained that if for any reason the project does not
continue, the unrecorded resolution will expire.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
adopt resolution 13-51 vacating a drainage and utility easement with
instruction as suggested by city attorney. Motion carried 5-0.
7.3 Resolution for Street Vacation: Park Lane and Western Avenue
Mr. Leeseberg presented the staff report. He stated staff is recommending the
public hearing be opened and continued in order to allow staff time to research
ownership information.
Mayor Dietz opened the public hearing.
Elaine Dryer, 13008 Islandview Drive—stated the previous owners told her the
area outlined as Western Avenue is her property. She submitted what she described
as the original deed and old permits to Mr. Leeseberg.
Lavina Hoselton, 12964 Meadowvale Road—has lived in her home since 1977 and
knew about the road. She stated she and her neighbor have an agreement that each
property owner maintains half of the property shown as future road. She believes the
property should be vacated and half given to each property owner and used as it has
been for the last 35 years.
Connie Aho, 18954 Concord Street—stated all neighbors have used and maintained
the land and it makes sense to split it up to each person who has taken care of it.
There being no one further to speak,Mayor Dietz continued the public hearing to
September 16, 2013.
Mr. Beck explained that the property was dedicated as part of the original township,
which is part of the challenge with tracing ownership. He stated if the areas are
platted right-of-ways,no adjoining property owner may acquire the property by
adverse possession. He explained if the property is vacated through statute,it has to
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be evenly split between adjoining property owners. He added that park property
requires a court order to be vacated.
Jan Clemons, 13024 Islandview Drive—stated she would be appalled if park is
created where shown on the map.
Nate Close, 18940 Concord Street—explained he has been maintaining a portion of
the property and would like to be kept informed of this issue.
Mr. Beck reiterated that if the property is dedicated easement,it cannot by state law
be acquired through adverse possession.
John Dryer, 13008 Islandview Drive—does not believe there is anything to vacate.
7.4 Preferred Powder Coating Tax Abatement
Mr. Wilfahrt presented the staff report. He stated this item has been removed from
the agenda and it is not necessary to hold a public hearing.
Councilmember Motin questioned if this can be approved contingent upon the
County Board reconsidering approval of tax abatement at the higher amount. Mr.
Portner explained tax abatement and tax increment financing cannot be considered
simultaneously and staff is moving forward in an attempt to comply with
construction timelines. He added that in order for the County Board to reconsider
their action on the tax abatement, a commissioner from the prevailing side would
need to request that the item be reconsidered and he does not feel confident that is
an option.
Mayor Dietz stated the County Board's decision is regrettable but he would like to
see the project move forward and get the TIF district moving as quickly as possible.
8.6 Call for Public Hearing for Establishment of a TIF District
Mr. Wilfahrt presented his staff report.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
call a public hearing regarding the creation of a TIF district in the Nature's
Edge Business Center, Lot 1, Block 3, for September 3, 2013, at 6:30 p.m.
Motion carried 5-0.
Mr. Wilfahrt stated if the 30-day notice requirement is not waived by the county and
school district,the hearing would be scheduled for September 16, 2013.
8.1 Addressing Appeal by Victoria White
Mr. Leeseberg presented the staff report.
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Victoria White, 10246 213`''Avenue—stated her property is at the corner of
Kennedy Street and 213'h Avenue so she should be able to keep whichever address
she wants without affecting any other property.
Discussion was held regarding alternative options. Council consensus was to uphold
the recommendation of the Addressing Committee.
Ms. White expressed concern that Google shows her driveway as a street. Mr.
Leeseberg stated he spoke with the street superintendent who is not comfortable
moving the sign but will amend the sign to indicate a private drive.
Moved by Councilmember Motin and seconded by Councilmember Wilson to
deny the addressing appeal by Victoria White. Motion carried 4-1.
Councilmember Burandt opposed.
Councilmember Motin indicated he would like to make sure Ms. White is reimbursed
per policy. Mr. Leeseberg stated the reimbursement information has been provided
to Ms. White.
8.5 Review and Provide Comment on Amendments to Various Section of
the City Code Regarding Offense Classifications/Fines
Mr. Portner presented the staff report.
Mr. Beck explained the ordinance amendments will sync city code with state law. He
stated City Prosecutor Scott Baumgartner reviewed our entire code as it relates to
how offenses are classified and recommended some changes. The Council is asked to
provide feedback and an ordinance will be brought back for formal adoption at a
future meeting. He added the spreadsheet included will be adopted outside of the
city code so future amendments can be made without amending the code.
Consensus of the Council was to draft the ordinance with option 1 outlined under
74-94 in the draft ordinance.
The Council recessed at 8:24 in order to go in to work session.
The Council reconvened at 8:29 p.m.
9.1 Franchise Fee Implementation Update
Mr. Femrite provided an update on the franchise fee.
Simplified rebate program
Mr. Femrite explained that the current program requires property owners to submit a
year's worth of utility bills. Mr. Femrite outlined three options for a simplified
program:
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1. Property owners submit year-end bill showing classification and amount
paid or last bill if property changes ownership.
2. Property owner completes a waiver and staff verifies the information
with the utility company. He stated this was met with some resistance
from Connexus Energy citing data privacy concerns.
3. Amount paid towards franchise fee is listed on year-end utility bill. He
noted this option is more challenging for the utility companies and all
bills would show this information,regardless of whether or not they
qualify for the rebate program.
Consensus of the Council was to simplify the rebate program by implementing
option one as described above.
Mr. Femrite stated that residents will be notified of the change in December when
reminder letters are mailed. Mayor Dietz questioned if this change could be included
in the city newsletter and in the Star News.
Multiple meters—residential
Mr. Femrite stated that account classification varies between utility companies and
that a clearer definition of account is necessary. He stated account should be defined
as all meters on a single property.An ordinance amendment with a revised definition
will be brought back for formal approval.
Multiple meters-commercial
Mr. Femrite indicated that the clarification of account as described above will help
define this issue as well.
Councilmember Westgaard stated he would like language allowing property owners
to petition for review on a case by case basis. Mr. Beck indicated it could be done;
however,there may be challenges. Councilmember Motin suggested a petition that
would be recertified each year. Mr. Femrite stated that staff will draft language to
address the petition but in the meantime,work at more clearly defining what an
account is.
Outdoor advertising
Mr. Femrite indicated that billboards are currently classified as small commercial and
questioned if the Council feels this is appropriate or if a new classification should be
created. The Council discussed whether or not outdoor advertising should be
exempt or classified at the lowest commercial rate.Mr. Femrite was directed to check
with the City of Saint Louis Park for examples.
Irrigation systems
Consensus of the Council was for irrigation systems to be exempt because they
would not have historically been assessed.
Lift stations
Consensus was to treat lift stations in private developments like irrigation systems.
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County fairgroundr
Mayor Dietz indicated he has been approached regarding the county fairgrounds. Mr.
Femrite stated that he would like to see how the revised definition of account affects
this case.
lYlapiti
Mr. Simon noted that Wapiti Park Campground has also been brought to his
attention. He stated he believes the revised definition may help clarify this issue as
well.
9.2 2014 Budget
Mr. Simon presented the staff report.
The Fire and Building Safety Department reviewed their 2014 goals and requested
budgets.
Mr. Simon reviewed the Contingency Budget and a budget summary update.
Council consensus was to certify the maximum levy at$9,929,235.
Council consensus was to discuss Enterprise Budgets on September 16, rather than
holding a special work session meeting on September 12.
Mayor Dietz stated he would like to review each of the personnel requests
individually on September 3,if time permits.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:57 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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