4.1. DRAFT MINUTES (2 SETS) 12-02-2013 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, November 18, 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 Manager Jeremy Barnhart, Finance
Director Tim Simon, Fire Chief John Cunningham,Police Chief
Bradley Rolfe, Police Captain Ron Nierenhausen,Police Captain Bob
Kluntz, Parks and Recreation Director Michael Hecker, City
Engineer Justin Femrite,Planning Intern Zachary Carlton,Parks
Maintenance Supervisor Rodney Schreifels, and Executive
Secretary/Deputy City Clerk Jessica Miller
Call Meeting to Order
AftAk.,
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:20 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider,l I /18/2013 Age
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Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the November 18, 2013, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the following consent agenda:
4.1 Minutes
• November 4, 2013, Regular
• November 4, 2013,Joint HRA
4.2 Check register as outlined in the staff report.
4.3 Pay estimate as outlined in the staff report.
4.4 Resolution 13-65 acknowledging contributions from the Zimmerman
Fire Relief Association.
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November 18,2013
4.5 Memorandum of Understanding with Metropolitan Council, Region
7W Transportation Board and Various Cities to Conduct Federally
Required Metropolitan Planning Activities.
4.6 Resolution 13-66 Levying Special Assessments for Abatement of
Ordinance Violations.
4.7 Resolution 13-67 Levying Special Assessments for Unpaid Electric
Service.
4.8 Resolution 13-68 Levying Special Assessments for Unpaid Garbage
Collection and Sewer Service.
4.9 Resolution 13-69 Levying Special Assessments for Unpaid Water
Service.
4.10 Special Assessment Reapportionments.
4.11 Resolutions 13-70 Levying Special Assessments for Connection to City
Water & Sewer Lines.
4.12 Flexible Benefits Plan Design.
4.13 Call Special Joint Meeting of City Council and Housing and
Redevelopment Authority
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 Dave Anderson,Volunteer
of the Month for November. He noted the following volunteering accomplishments:
• Parks and Recreation Commissioner for 26 years.
• Active volunteer/maintained cross country trails in Woodland Trails Park since
1988.
• Worked on small native prairies in Elk River since mid-1990s.
• Facilities Co-Chair for Hockey Day Minnesota 2014.
• Worked with more than 20 Eagle Scout candidates to accomplish park
improvement projects.
Mr. Anderson thanked the Council for the honor and stated he is fortunate to work
for an employer and live in a community that fosters volunteering.
6.2 Fireman's Fund Grant Presentation
Representatives from the Fireman's Fund Insurance Company presented Mayor
Dietz and Chief Cunningham with a grant for the purchase of a new thermal imaging
camera.
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November 18,2013
6.3 Oath of Office: Police Officer
Chief Rolfe introduced new Police Officer Jonathan Christie.
Mayor Dietz administered the Oath of Office to Officer Christie.
7.1 Conditional Use Permit: Arrow Companies on Behalf of Starbucks to
Amend Planned Unit Development Agreement to Allow Drive-thru
Lane/Window, 19179 Freeport, Case No. CU 13-13
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 Wilson and seconded by Councilmember Burandt
to approve a Conditional Use Permit (CUP) to amend the Planned Unit
Development Agreement to allow a drive-thru lane and window at 19179
Freeport Street, with the following conditions:
1. As a CUP is not a Building Permit, the property owner shall receive all
required permits for any building or structure modifications, including all
exterior signage.
2. Informational signage shall be posted indicating to motorists what
vehicles will not make it through the lane.
3. The applicant will be replacing any woodbine ivy plantings along the
fence removed during the construction.
4. The applicant/owner shall be responsible for 100% of Elk River Municipal
Utilities costs to relocate the transformer.
5. The trash enclosure shall be constructed with the same materials as the
building.
6. Approval of a landscape plan, meeting all city ordinances and
requirements.
7. The concrete slab located in the island where the video drop box used to
be shall be removed and replaced with landscaping consistent with what is
already in place.
Motion carried 5-0.
7.2 Ordinance Amendment: By City of Elk River for Section, 30-796,
Fences; Visibility at Intersections and Driveways as it Relates to Pool
Covers and Gates, Case No. OA 13-03
Mr. Barnhart presented the staff report noting that the ordinance is consistent with
the direction given by the Council.
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November 18,2013
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to adopt Ordinance 13-18 Amending Section 30-796 Fences;Visibility
at Intersections and Driveways. Motion carried 5-0.
7.3 Review of Draft Sign Ordinance
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Debbi Ryberg, Executive Director Chamber of Commerce—appreciated the
changes made to the ordinance and encouraged the Council to consider the facade
requirement of 15%, the Planning Commission's recommendation on the size of
monument sign in the Downtown District, and permitting additional billboards in
the city.
Steve Anderson, Franklin Outdoor Advertising—supported the Chamber's
recommended changes. He urged the Council to consider an ordinance amendment
eliminating the principle use language for billboards from the I-2 zoning district as
outlined in his handout.
Jennifer Wagner, Open Reel Media, Inc., 708 Main Street - representing Rivers
Edge Downtown Business Association - asked the Council to consider approving
the requirements originally suggested by the Chamber and the sign request on behalf
of Granite Shores to erect a digital monument sign.
State Representative Nick Zerwas, 12278183rd Court - asked the Council to
consider approving the recommendations from the Planning Commission and
Heritage Preservation Commission.
Annie Deckert, Decklan Group, 812 Main Street—indicated that the downtown
business group, Chamber of Commerce, Heritage Preservation Commission,
Planning Commission, state representative, and downtown residents all support the
sign amendments and encouraged the Council to listen to those people.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
Billboards
Mayor Dietz indicated he would like to accommodate billboards without requiring
them to be principle use.
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November 18,2013
Councilmember Wilson stated that he does not like to see the Commercial Reserve
Transition (CRT) area at a standstill. He questioned if a billboard is constructed in
that area if a condition could be added for the billboard to be removed. Mr. Barnhart
explained that the CRT area has a number of uses that are allowed and that the only
change was regarding the subdivision of lots. He also stated that the requirement for
billboards to be principle use dates back to the original code in 1982 and staff is
strongly opposed to changing that requirement.
Councilmember Westgaard indicated that he likes Mr. Anderson's suggestion of
eliminating the principle use language in the I-2 zoning district as outlined on the
handout from Mr. Anderson. Mr. Barnhart stated that billboards are currently
allowed in the I-2 district but need to be at least one acre and the businesses along
Highway 169 have not been willing to set aside an acre for billboards in the past.
Councilmember Burandt questioned if the minimum lot size in the I-2 District can
be reduced to permit billboards on smaller lots.
Councilmember Motin stated he has no concern over changing the height allowance
to 35 feet. He explained he believes billboards are an eyesore and do not follow the
beautification plan for Elk River. He stated he does not support an expansion of
billboards in the CRT area until the Council has decided the plan for that area. He
indicated he may support allowing billboards on'/2 acre in the I-2 district as long as
the billboard is on a separate parcel.
Mayor Dietz explained that he would like to find a way to allow more billboards. He
agreed with Councilmember Motin regarding the '/2 acre parcels in the I-2 zoning
district. He would also like to research allowing billboards in the CRT district.
Councilmembers Wilson and Burandt concurred.
Council concurred with staff s recommendation to allow billboards 35 feet in height.
Consensus was also for staff to research options to allow billboards in additional
locations on Highway 169. Options discussed were to allow billboards in I-2 zoning
district on '/2 acre parcels and in the Commercial Reserve Transition area.
Freestanding Signs
Councilmember Westgaard questioned the reason between the Planning
Commission recommendation and staff recommendation. Mr. Barnhart explained
that staff feels that the requirements outlined by the Planning Commission are too
large.
Mayor Dietz indicated that he originally believed any business would be allowed to
advertise on the Granite Shores sign. Mr. Barnhart explained that the Council should
be cautious allowing businesses to advertise off site and recommended if the Council
is interested in pursuing, staff work with the city attorney.
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November 18,2013
Councilmember Motin indicated that a 6 foot sign is too short and would be
agreeable to allowing the sign to be 20 feet high. He did note that an 80 square foot
sign in downtown is an issue. He added that the Comprehensive Plan states that
downtown is historic and the proposed sign does not fit with that. He stated that the
downtown needs to decide whether or not they want to be considered historic.
Councilmember Burandt indicated it is important to remember that the change in
the sign ordinance is supported by downtown businesses and the Chamber of
Commerce. She added that she doesn't feel like the sign not fitting with historic
character is an issue.
Councilmember Wilson stated that he originally had concerns about the changes to
the ordinance for downtown signs but now that downtown businesses and the
Heritage Preservation Commission support the change,he concurs with the Planning
Commission's recommendation.
Council consensus was to amend the ordinance based on the Planning Commission's
recommendations.
mall Signage Ratio
Councilmember Burandt indicated she prefers larger wall signs so the signs can be
easily read while driving. Councilmembers Motin and Westgaard commented that
they don't feel strongly one way or the other and are agreeable to 15%wall signage
ratio. Councilmember Wilson indicated he is torn but likes 10%.
Council consensus was to amend the ordinance to allow a 15%wall signage ratio.
Electronic Changeable Copy
Mr. Barnhart indicated that no change is proposed.
Councilmember Motin indicated that the definitions seem confusing. Mr. Barnhart
stated staff will review.
Vindoav Si
nage
Council consensus was to allow 50%window signage.
Mr. Barnhart indicated based on direction provided this evening, the amended sign
ordinance will be brought forward for formal approval at a future meeting.
Councilmember Motin explained that he has had concerns expressed to him
regarding people standing on corners or in right of ways holding signs. He
questioned if this is addressed in our sign ordinance. Mr. Barnhart stated that the
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November 18,2013
sign ordinance does not address this and based on staff research of other cities, this
type of sign is typically exempted from ordinances. He stated he will work with the
city attorney to see if there is an option to regulate.
8.1 Select Consultant to Facilitate Parks Comprehensive Plan
Mr. Hecker presented the staff report.
Moved by Councilmember Burandt and seconded by Councilmember Wilson
to approve the hiring of Hoisington Koegler Group Inc. to facilitate the Parks
and Recreation Master Plan as outlined in the staff report. Motion carried 5-0.
8.2 Amend Economic Development Microloan Fund Policy
Mr. Barnhart presented the staff report. He outlined the changes approved by the
Economic Development Authority earlier this evening. The amendments include:
• Expanding the purpose of the Downtown Revitalization Financing Program
to include the Downtown Area as illustrated in Exhibit A attached to the
Microloan Fund Policy.
• Expand the program to include non-profit organizations for consideration.
• Require 50% of microloan funds to be spent on energy efficiency
improvements. Energy efficiency is defined as improvements that are eligible
for a rebate by the Elk River Municipal Utilities (ERMU) or the utility
provider for the property if not ERMU.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the amendments to the Economic Development
Microloan Fund Policy as recommended by the EDA. Motion carried 5-0.
Councilmember Motin indicated that the EDA Finance Committee is also working
on the creation of a fourth microloan.
The City Council recessed at 8:13 p.m. in order to go into work session.
The City Council reconvened at 8:19 p.m.
9.1 2014 Intersection Enhancement Projects
Mr. Femrite presented options for intersection enhancement projects at various
locations as outlined in his staff report. The Council discussed the options.
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November 18,2013
Main Street and Parrish
The Council discussed the various options. Concerns were raised regarding the
removal of parking but it was noted that it is the best option to improve the site line
visibility at this intersection.
Council consensus was Option #3, remove parking and add a right turn lane for
eastbound to southbound movements.
Discussion took place on the possibility of adding a roundabout in the future if
adding the right turn lane isn't sufficient.
Proctor Road and Highland Road(194th)
Council consensus was for Mr. Femrite to investigate the effectiveness of flashing
stop signs versus regular stop signs and report back.
Proctor Road and CSAH 1
Council consensus was to move forward with installing a left turn arrow for
southbound CSAH 1 to eastbound Proctor movements.
Mr. Femrite questioned if there are any other intersection enhancements the Council
would like to consider for 2014. Council discussed reviewing the intersection of
Jackson Street and Freeport Street as previous concerns have been raised at this
intersection. Councilmember Motin mentioned issues with the Line Avenue/Main
Street Intersection. He added that it may not be a high priority for 2014. Mr.
Femrite indicated he would study both of these intersections to see if minor changes
could improve the conditions.
9.2 Surface Water Management Budget
Ms. Fischer presented her staff report.
Mayor Dietz indicated he is not interested in a storm water utility fee so soon after
implementation of the franchise fee. He questioned if the money from the peaking
plant can be used as funding in addition to the levy amount. It was discussed that a
long-term funding source such as a tax levy or storm water utility fee will need to be
established in the near-term.
Council consensus was to use any available Fund Balance excess as the first funding
option with the GRE Reserve as back-up funding in 2014 as the storm water
program gets established with the new permit requirements.
9.3 2014 Budget
Mr. Simon presented the staff report.
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November 18,2013
Council consensus was to use the General Fund Revenue excess of$75,400 to write
down the final tax levy to achieve a balanced budget in 2014.
Discussion took place on the personnel requests for 2014. Council consensus was
for the requests to move forward to the 2014 budget as outlined.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:46 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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VA
City of
Elk Closed Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, November 18, 2013
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, Finance Director Tim Simon, City Engineer Justin
Femrite, Community Operations and Development Director Suzanne
Fischer, Community Operations and Development Deputy Director
Jeremy Barnhart, 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 9:48 p.m. by Mayor Dietz.
2. Closed Meeting- Consider Purchase of Houlton Property, Parcels 75-
005-1 100, 75-133-4200, 75-004-1000, 75-402-0032, 75-413-0730, 75-413-
0610, 75-132-4410
The purpose of the closed meeting was o discuss the possible purchase of the
Houlton property,parcels 75-005-1100, 75-133-4200, 75-004-1000, 75-402-0032, 75-
413-0730, 75-413_-p610 d.75-132-4410_ ursuant to MN Statute 13D.05,
subdivision
3. Adjournm'e'n`
There being no further business,Mayor Dietz adjourned the closed meeting of the
Elk River City Council at 10:38 p.m.
Minutes prepared by Jessica Miller
John J. Dietz,Mayor
Tina Allard, City Clerk