09-16-2013 CCM City of
El L owftft�—
Meeting of the Elk River City Council
® Held at the Elk River City Hall
Monday, September 16, 2013
Members Present: Mayor Dietz, Councihneinbers Westgaard, Burandt, and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, City
Attorney Peter Beck, Community Operations and Development
Director Suzanne Fischer, Commmunity Operations and Development
Deputy Director Jeremy Barnhart, Economic Development Director
Brian Beeman, Planning Intern Zack Carlton,Municipal Liquor
Operations Manager Dave Potvin,Assistant Liquor Operations
Manager Steve Tillman, and Senior Adininistrative Assistant Jennifer
Johnson
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 6:00 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 09116/2013 Agenda
Mayor Dietz asked that item 8.5 be added to the agenda regarding a Street
Department office assistant.
Councilrnember Motin asked that item 4.6 be removed from the Consent Agenda for
discussion after Item 8.5.
Moved by Councilmember Wilson and seconded by Councilrnember Burandt
to approve the September 16, 2013, agenda without Item 4.6 and with the
addition of item 8.5. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilrnember Westgaard and seconded by Councilrnember
Motin to approve the following consent agenda:
4.1. September 3, 2013, regular meeting minutes.
4.2 Check register as outlined in the staff report.
4.3 Pay estimate for the 2013 Street Improvements as outlined in the
staff report.
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City Council A iimtes Page 2
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September 16,2013
4.4.A Special event permit to ECFE 2K/5K run/walk scheduled for October
12, 2013,with the following conditions:
1. Applicant shall be responsible for garbage clean-up immediately
following the event.
2. Walkers/runners are to utilize sidewalks, trails 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.
3. Applicant roust contact Police Captain Ron Nierenhausen
(763.635.1202) at least three weeks prior to event to arrange for
police reserves.
4.4.11 Special event permit to Elk River High School Homecoming Parade
scheduled for October 4, 2013, subject to the following conditions:
1. The event planner is required to notiry surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that roust be distributed. The city will also provide a list of
the properties to be notified. The event planner must submit an
affidavit that the notice was distributed.
2. Garbage clean-up shall be completed immediately following the
parade.
3. Signs shall be installed at the following locations no later than
September 27, 2013.
® School Street 50 feet west of Freeport Street (alerting
westbound traffic).
® School Street 100 feet east of Proctor Avenue (alerting
eastbound traffic).
® Jackson Avenue at 7`h Street (alerting northbound traffic).
® Jackson Avenue at the north high school parking lot
entrance (alerting southbound traffic).
The signs shall state:
School Street Closed
4 p.m. - 6 p.m.
Friday, Oct 4
Parade
Upon completion of the parade, all signs shall be immediately
removed. The sign sheeting shall be orange with black lettering,
reflective, and mounted on a 30x30 aluminum plate. The signs shall
be mounted on a Type 3 barricade, or approved equal.The
barricades shall be secured with sandbags or tied to an existing
pole to prevent them from being removed or tipped over.
4. Police and reserve support will be provided for traffic control.
5. Candy may be handed out at the parade but is not allowed to be
thrown from moving objects.
4.5 Joint Powers Agreement with the Bureau of Criminal Apprehension for
the MN Internet Crimes Against Children Taskforce as outlined in the
staff report.
City Council Minutes Page 3
September 16,2013
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4.7 Hire Chanda Knoof as EDA Marketing Intern starting September 19,
2013, and ending December 31, 2013, as outlined in the staff report.
4.8 Approve Cooperative Agreement with MnDOT for the Placement of
Mississippi River Trail Signage as outlined in the staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 City of Elic River Volunteer of the Month — Mayor Dietz
Mayor Dietz introduced,read, and presented a plaque to Jennifer Wagner, Volunteer
of the Month for September. He noted the following volunteer accomplishments:
• Marketing co-chair for Hockey Day Minnesota 2014
• Marketing and communications cotntnittee for Three Rivers Community
Foundation
• Graduation speaker and Applied Learning partner with Minnesota School of
Business, Ella River campus
• River's Edge Downtown Business Association member
• Wornen's Leadership Council for Sherburne County Area United Way
® Executive cotntnittee tnetnber and brand chatnpion for the City of Elk River's
Powered by Nature brand
7.1 Street Vacation: Park Lane and Western Avenue
Mr. Barnhart presented the staff report. He stated staff has not seen any
documentation supporting the opinion that an owner of the neighboring property
west of the subject property indicated they owned one of the streets because it had
already been vacated. If the owner provides documentation that they do own the
street,the city cannot vacate that street, and Park Lane would be the only access
point to the `park'land. Because of this, staff is not supportive of vacating either
street at this tithe.
Mayor Dietz opened the public hearing.
Elaine Dryer, 13008 Island View Dr. NW—stated she agreed with staffs
recommendation to deny vacating the property and states she is the owner of the
property and has hied an attorney to provide ownership documentation.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
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September 16,2013
Counciltember Motin asked if instead of denying this request, should this item be
tabled until ownership of the land is verified,and if land to the south would be kept
as park property.
Mr. Barnhart stated this item deals only with the street right-of-way areas and does
not include any park property.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to deny the request to vacate Park Lane and Western Avenue as
outlined in the staff report. Motion carried 5-0.
7.2 Heritage Maples: Preliminary Plat, Case No. P 13-03, Conditional Use
Permit, Case No. CU 13-11
Mr. Carlton presented the staff report. He stated staff and the Planning Commission
recommend that until they received the requited information from the applicant, the
Council open the public hearing, continue this request, and re-notice the public
hearing date.
Mayor Dietz opened the public hearing. No one requested to speak to this issue.
Counselor Beck noted when the information is submitted, the Council would have
to take action on it, but failure to submit documentation within the 60 day time
period would then cause the item to be deemed approved. He recommended it be
continued to the October planning commission meeting or a date certain,and
therefore, a public hearing notice wouldn't have to be republished and notices
wouldn't have to be resent.
Mr. Barnhart stated his concerns with receiving the required information from the
applicant in time for the October planning commission meeting, and felt it better to
continue to future date certain in order to avoid a month-to-month continuation. He
stated if staff hasn't received the required information from the applicant by the
November planning commission meeting, the Commission would recommend to the
Council the denial of the request in order to stay within the requirements of the
permit. Mr. Barnhart also commented that the applicant can waive the 60-day rule in
writiig.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to continue the public hearing regarding the Heritage Maples
Preliminary Plat, Case No. P 13-03 and Conditional Use Permit, Case No. CU
13-11 items to November 18, 2013. Motion carried 5-0.
7.3 Conditional Use Permit: Keith Steies for Auto Sales, Case No. CU 13-
10
Mr. Carlton presented the staff report. He stated the Planning Commission
recommends approval of the application with the conditions outlined in the staff
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September 16,2013
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report, but staff recommends continuing any action on the item to the October 21,
2013, Council meeting to review an updated site plan the applicant is currently
having prepared by a consultant.
Mayor Dietz opened the public hearing.
Kathy Specht, 16330 Highway 10—representing the property owner to the south
of the applicant's property, asked if the applicant owned the property and whether it
had been recently surveyed. She expressed her frustration with neighboring property
owners and their past and current disregard to her property lines and the dumping of
brush, clippings, and other items on her property. She stated her concerns if the
applicant was considering erecting a fence, the location of such fence, and what
items would be stored on the applicant's property, such as old tires,buckets of oil,
etc.
Keith Steies, the applicant, stated he did purchase the property and it would be
surveyed. He apologized if he had inadvertently used Ms. Specht's property in any
way and would make sure to respect property lines. Mr. Steies asked the Council to
proceed with approving the Condition Use Pertnit and not delay his application any
further for financial reasons. He stated the updated site plan would be submitted to
the city within the next 3-4 weeks.
Mr. Barnhart stated there would be conditions in place to ensure proper screening
and edging along the applicant's property lines, and the applicant would have to
comply with security and escrow stipulations. Staff would provide a clear
understanding of what's expected on the property now and in the spring.
There being no one to speak to this issue,Mayor Dietz closed the public hearing.
Councilmember Westgaard stated the conntnents from Ms. Specht should be
respected and stated he felt comfortable moving forward with approving this
application, but stated continuing this would offer staff the needed tune to review
the updated site plan and provide clear conditions and expectations to the applicant
for the property.
Moved by Councilmember Westgaard and seconded by Councihnember
Motin to continue the public hearing to October 7, 2013, as long as new site
plans have been submitted and staff has sufficient time to review them.
Motion carried 5-0.
5. Open Forum
Mayor Dietz returned to Open Forum.
Lucy Boeshans, 19103 Jackson Ct. —represents the residents of F,lk Run Village
and expressed her concerns with the four-way stop at Jackson St. and Freeport Ave.
She stated the intersection is dangerous to both residents driving in and out of their
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September 16,2013
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development, as well as .residents who are walker. She stated drivers treat the
intersection as a 3-way stop and Jackson St. as a private driveway. She stated they
brought their concerns to the police,who have placed a plastic `watch for
pedestrians' sign but noted the sign would have to be removed once winter arrives.
She suggested either a flashing solar light around the stop sign, and change the `all-
way" sign under the stop sign to a "four way" stop.
Mayor Dietz stated she should provide her contact information and he would have
City engineer Justin Ferrite review the intersection and notify the residents when Mr.
Fernrite would be providing his findings at a future Council meeting.
Richard Davis, 19174 Jackson Ct. — stated he lives in the condo nearest to the
entrance to the development and has witnessed traffic failing to comply with the
stop sign. He also noted drivers failing to yield to the right-of-way when turning onto
Jackson into the shopping area. He stated police monitor the area when they are able
and their presence is very helpful, but realizes they can't always stay there. He is
concerned with kids crossing after school and felt it was a matter of tithe before
someone gets seriously injured or killed because of drivers failing to comply with the
4-way stop. He suggested a red flashing overhead light be installed.
8.1 Financial Advisory Services
Mr. Simon presented the staff report. He introduced Municipal Advisor Terri
Heaton fronn Springsted, Inc.,who stated they are thrilled to be recommended as the
provider of financial advisory services to the Council and felt the city was in a strong
position and ready for many positive opportunities in the city.
Counciltnember Wilson commented as a inember of the interview conninittee he was
pleased with interviewing three strong candidates, and he felt Springsted rose to the
top, showing a real passion for their work he felt offered a good fit to the needs of
the city.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve Springsted, Inc., to provide financial advisory services
to the City of Elk River as outlined in the staff report. Motion carried 5-0.
8.2 Comprehensive Plan Update
Mr. Barnhart presented the staff report. He noted the next meeting of the Citizen
Advisory Comnnittee would be October 1.
8.3 Resolution for Final Plat of Eagles Marsh
Mr. Barnhart presented the staff report. He mentioned the applicant would be
building inodel hoines and therefore conditions would be in place in the
development agreement which were used in previous development agreements
building model homes in order to protect the interests of the neighborhood.
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September 16,2013
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Moved by Councilrnember Motin and seconded by Councilrnember Wilson to
approve Resolution 13-59 adopting the final plat for phase 3 of Eagles Marsh,
subject to the following conditions as outlined in the staff report:
1. A Developers Agreement be prepared and executed outlining the
terms and conditions of the plat approval and installation of
improvements prior to releasing the plat for recording.
2. A letter of credit or other security acceptable to the city be provided
in the amount of 100% of the cost of public improvements.
3. Upon completing all of the improvements and having them
accepted by the city, a warranty bond in the amount of 25% of the
improvement costs shall be submitted to the city for a one year
period.
4. Surface water management fee in the amount required by the city
at the time of final plat be paid prior to releasing the plat for
recording. ($208 per lot, 2013 rate)
5. Sealcoat fee in the amount to be determined by the city engineer be
paid to the city prior to releasing the plat for recording.
6. All appropriate wetland and grading permits must be obtained
prior to commencing work on the site.
7. The wetland buffer area shall be signed per city ordinance.
8. Grading and erosion control plan and development plan be
submitted and approved by the city engineer prior to the issuance
of building permits.
9. All grading will need to be certified prior to the issuance of
building permits.
10. Street lights shall be installed as recommended by Elk River
Municipal Utilities.
11. Water availability charge be paid prior to releasing the plat for
recording.
12. Any item or condition found that indicates the site is likely to yield
information important to pre-history or history shall be reported to
the city immediately. Further, the city reserves the right to stop
work authorized in its approval until the site is appropriately
investigated and work is authorized.
13. Any trees off site or on site, near the limit of grading that are to be
preserved shall be fenced with a snow fence at the drip line to
prevent grading, compaction, or storage of equipment, debris or
materials. Staff shall inspect the fencing prior to grading
commencing.
14. Staff and the developer shall work to develop a grading plan and
tree preservation plan that will save as many trees on the site as
possible.
15. The existing house at 17798 Johnson Street shall connect to public
utilities as required by ordinance. The address for this house may
be adjusted.
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September 16,2013
Motion carried 5-0.
8.4 Insurance Policy Renewal
Mr. Sit-non presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the renewal of the city's insurance policies with the
League of Minnesota Cities Insurance Trust as outlined in the staff report.
Motion carried 5-0.
8.5 Hiring of Streets Division Office Assistant
Ms. Fischer presented the staff report.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the hiring of Diane Juettner as a part time Office
Assistant for the Streets Division effective September 18, 2013, as outlined in
the staff report. Motion carried 5-0.
4.6 Resolution of Findings of Fact in Appeal by Decklan Group for
Electronic Sign
Councilmember Motin stated he had received a text message from Tim Dolan,
representing the Decldan Group and the downtown River's Edge Business
Association, stating he was unable to attend tonight's meeting. Mr. Dolan,via the
text message, asked Council under what condition section 30-866 of city ordinance
would prevail over other sections. He also asked what formula the Council used to
determine the relationship of building size to sign size.
Counselor Beck stated he reviewed Mr. Dolan's question and stated he did not agree
with Mr. Dolan's interpretation of section 30-866. Counselor Beck stated the more
specific portion of an ordinance prevails over the general. He also stated the decision
to determine the relationship of building size to sign size is done on a case by case
basis and noted this is being reviewed as part of the overall comprehensive plan
review, and has the potential of being modified in die future.
Councilmember Burandt asked when staff would have other options available
regarding alternative sign options as requested by Mr. Dolan.
Mr. Barnhart stated information regarding options would be available to Council
sometime in October after presentation to the Planning Commission.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve Resolution 13-60 of Findings of Fact in Appeal by Decklan
Group/Granite Shores formally denying their appeal regarding an
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September 16,2013
interpretation of sign regulations for free-standing signs in the Downtown
District, Case No V 13-04, as outlined in the staff report. Motion carried 5-0.
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The City Council recessed at 7:03 p.m. in order to go into worksession.
The City Council reconvened at 7:09 p.m. j
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9.1 2014 Budget
Mr. Simon presented the staff report.
Ms. Fischer reviewed the Garbage Enterprise Fetid goals and requested budget.
Mr. Potvin and Mr. Tilltnann reviewed the Municipal Liquor Enterprise Fund goals
and requested budget.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Ell-,
River City Council at 7:24 p.m.
Minutes prepared by Jennifer Johnson.
W J. Ma o
Tina Allard, City Cler
P~0WE0E0 0Y
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