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4.1. DRAFT MINUTES (2 SETS) 01-06-2014 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, December 16, 2013 Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Community Operations and Development Deputy Director Manager Jeremy Barnhart, Finance Director Tim Simon,Police Captain Robert Kluntz,Fire Chief John Cunningham,Planning Intern Zachary Carlton, City Attorney Peter Beck, Human Resources Representative Lauren Wipper, Communications Coordinator RaeAnn Gardner, City Engineer Justin Femrite, and Executive Secretary/Deputy City Clerk Jessica Miller Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:06 p.m.b Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 12 /16/2013 Agenda Moved by Councilmember Motin and seconded by Councilmember `':westgaard to approve the December 16, 2013, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Motin and seconded by Councilmember Westgaard to approve the following consent agenda: 4.1 Minutes • December 2, 2013, Regular • December 12, 2013, Closed 4.2 Check register as outlined in the staff report. 4.3 Adoption of WCA Notice of Decision, Plaisted Companies, Case No. CU 13-12. 4.4 Annual License Renewals valid January 1, 2014, through December 31, 2014 • Tobacco —E-Cig Palace, 13493 Business Center Drive • Massage Establishment—Bela Salon, 19320 Highway 169 NW • Massage Therapist— Sonia Tallakson, Bela Salon City Council Minutes Page 2 December 16,2013 ■ Massage Establishment and Therapist—Karri Lane, Northern Tranquility Massage, 200—5th Street NW. 4.5 2014 City Council meeting schedule. 4.6 Resolution 13-74 approving the 2014 Maintenance Agreement with Wright County for the Parrish Avenue Bridge. 4.7 Resolution 13-75 Appointing Troy Adams, ERMU general manager, as the Transmission Project Coordinating Committee representative and authorizing the appointed representative to vote in favor of an allocation change. 4.8 Hire Zachary Carlton as planner I effective December 17, 2013, at step A of pay grade 7. 4.9 Amend and restate the city's benefit plan as outlined in the staff report. • Resolution 13-76 amending and restating the city's Flexible Benefits Plan effective January 1, 2013. • Resolution 13-77 amending and restating the city's Flexible Benefits Plan effective January 1, 2014. 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 Shelley Sherper,Volunteer of the Month for December. He noted the following volunteer accomplishments: • Active member in her church as Sunday school teacher,youth group leader, and choir member. • Retired and Senior Volunteer Program, especially Bookends, a group that goes into local elementary schools to share interpretive readings of children's books. 6.2 Apartment Fire — Mayor Dietz Mayor Dietz commended the Police, Fire, and Street Departments for their outstanding effort during the Evans Meadows apartment fire last week. He also thanked the community for stepping up to assist in this time of need. 6.3 Presentation by Elk River Ambulance Service Elk River Ambulance Service Coordinator Steve Dittbenner provided an update on the future plans of the Elk River Ambulance Service. 7.1 Heritage Maples, Marilyn Van Patten Mr. Carlton presented the staff report. POW € R10 AY NATUREI City Council Minutes Page 3 December 16,2013 Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Burandt and seconded by Councilmember Westgaard to approve the Preliminary Plat with the following conditions: 1. Access restriction shall be placed along Highway 10. 2. Development agreement shall be signed outlining costs and responsibilities to the satisfaction of the city attorney. Motion carried 5-0. Moved by Councilmember Motin and seconded by Councilmember Westgaard to adopt Resolution 13-78 granting Final Plat approval for Heritage Maples, Case No. P 13-03, with the following conditions: 1. Access restriction shall be placed along Highway 10. 2. Development agreement shall be signed, outlining costs and responsibilities to the satisfaction of the City Attorney. 3. A letter of credit or other security acceptable to the city be provided in the amount of 100% of the cost of public improvements. 4. 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. 5. 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) 6. Sealcoat fee in the amount to be determined by the city engineer be paid to the city prior to releasing the plat for recording. 7. Park dedication shall be paid for the one buildable lot at the rate applicable at the time the plat is released for recording. 8. All required wetland and grading permits must be obtained prior to commencing work on the site. 9. Grading and erosion control plan and development plan be submitted and approved by the city engineer prior to the issuance of grading permits. 10. All grading will need to be certified prior to the issuance of building permits. 11. Street lights shall be installed as recommended by Elk River municipal utilities. 12. Water availability charge be paid prior to releasing the plat for recording. 13. 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. P 0 W I R 1 0 0 Y NATUREI City Council Minutes Page 4 December 16,2013 Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wilson to approve the Conditional Use Permit with the following conditions: 1. Submit and receive approval from staff, both landscape and architectural plans addressing staff comments below, regarding placement of the patio, fence, and trees. 2. Submit and receive approval from staff, a unified landscape plan for the entire 10.4 acre parcel. 3. Submit a site plan showing the retaining wall near Yankton Street moved out of the right-of-way, addressing staffs comments from letter dated September 17, 2013. 4. A PUD agreement shall be developed and signed by both parties prior to issuance of a building permit. Motion carried 5-0. 7.2 Conditional Use Permit for Mineral Excavation, Plaisted Companies, Case No. CU 13-12 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 Motin to approve the mining operation and wetland mitigation plan as illustrated in the staff report with the following conditions: 1. The applicant shall execute a Conditional Use Permit Agreement outlining the terms and conditions of approval of the mining operations. 2. A mineral extraction license shall be obtained annually. 3. The haul route to reach Highway 169 at either 215th or via the property to the north at 225`h shall be at a location acceptable to the property owners and the city and shall be improved to a compacted gravel surface acceptable to the city engineer. 4. Safety improvements as required by MnDOT shall be completed at 215`h prior to hauling. No hauling via 217`h or 219`h is permitted. 5. A letter of credit in the amount of$155,318 shall be provided to ensure wetland mitigation is completed for the 155,318 sq. ft. of impacted wetlands. 6. Approval of this Conditional Use Permit shall expire if activity has not commenced within 2 years of the date of approval, or if the uses ceases for a period of 6 months or longer. Failure to obtain an annual license will be evidence of cessation of use. p 0 W I R 1 0 8Y NATUREI City Council Minutes Page 5 December 16,2013 7. Setbacks of 25 feet from north and south property lines, and 50 feet from east and west property line shall be maintained. No mining activity shall be permitted within the setback area without staff approval. 8. The need of buffering and or screening in light of surrounding land uses shall be evaluated at the time of annual license renewal and shall be installed when directed by the city to protect surrounding land uses. 9. Wash operations shall not be permitted unless a plan for protecting ground water and surrounding environment is approved by the city's environmental consultant. Motion carried 5-0 7.3 Conditional Use Permit to Amend Hillside Crossing II Planned Unit Development to Allow Freestanding Signs up to 25' Tall, Phoenix Enterprises, Case No. CU 13-14 Mr. Carlton 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 Westgaard and seconded by Councilmember Burandt to approve the amendment to the Hillside Crossing II Planned Unit Development to allow freestanding signs up to 25 feet tall with the following conditions: 1. As a Conditional Use Permit is not a building permit the applicant must apply for a sign permit before construction can begin. 2. Replace the plant materials described in the staff report to the Planning Commission dated December 10, 2013, to comply with the landscape plan by July 31, 2014. 3. Repair parking lot, to include filling potholes and restriping the parking stalls as needed by July 31, 2014. 4. Secure an escrow equal to $2,000 to cover the costs associated with conditions 1 & 2. Motion carried 5-0. 7.4 Aggregate Commercial 2"d Addition, BWB Holding, LLC A. Variance to Reduce Minimum Lot Size, Case No. V 13-10 B. Preliminary Plat, Case No. P 13-04 C. Resolution for Final Plat, Case No. P 13-04 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearings. There being no one to speak these issues, Mayor Dietz continued the public hearings to Ianuaryr 21, 2014. POW € R10 6Y NATUREI City Council Minutes Page 6 December 16,2013 8.1 2013 Budget Amendments Mr. Simon presented his staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wilson to approve the 2013 budget amendments as proposed. Motion carried 5-0. 8.2 2014 — 2018 Capital Improvement Plan Mr. Simon presented the staff report. Moved by Councilmember Wilson and seconded by Councilmember Motin to adopt the 2014—2018 Capital Improvement Plan as presented. Motion carried 5-0. 8.3 HRA and Library Board Appointments Mayor Dietz presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wilson to approve the following appointments: • Larry Toth— Housing and Redevelopment Authority— term expiration December 31, 2018 • Jayne Dietz —Library Board—term expiration December 31, 2016 • Kathleen Tracy—Library Board—term expiration December 31, 2016. Motion carried 5-0. 8.4 Administrative Hearing Board Appointments Ms. Miller presented the staff report. Moved by Councilmember Wilson and seconded by Councilmember Westgaard to appoint Councilmembers Burandt and Motin to the Administrative Hearing Board with terms expiring December 31, 2014. Motion carried 5-0. 8.5 2014 Compensation Plan for Non-Organized Employees Ms. Wipper presented the staff report. Councilmember Westgaard questioned if the 2013 budget would need to be adjusted to accommodate the early pay increase. Mr. Simon stated that based on calculations, the budget impact should be minimal and would not require an amendment. POW € R10 6Y NATUREI City Council Minutes Page 7 December 16,2013 Consensus of the Council was for the plan to reflect pay increases effective the first day after the last full pay period of the year each year. Council consensus was also to implement a wage incentive program for police captains as outlined. Moved by Councilmember Westgaard and seconded by Councilmember Motin to adopt Resolution 13-79 approving the 2014 Compensation Plan for non-organized employees. Motion carried 5-0. 8.6 Sign Ordinance, City of Elk River A. Ordinance Amendment: Signs, Case No. 13-02 B. Resolution for Summary Publication of Ordinance Mr. Carlton presented the staff report. Billboards in the I-2 District Discussion took place on whether or not the lot size requirement could be changed to one-half acre only for billboards. Mr. Beck explained that he is not sure whether lot size requirements can be adjusted depending on the use. He noted that creating a lot with a different minimum size for a billboard could cause issues in the future if the billboard goes away. Mayor Dietz stated he is not interested in changing the lot size requirements for all properties in the I-2 District. Council consensus was for the city attorney to research this matter and report back. Downtown Advertising Signs Discussion took place on whether or not businesses should be allowed to display signage for off-site businesses. Council consensus was to not support off-site advertising in the Downtown District. Moved by Councilmember Wilson and seconded by Councilmember Westgaard to adopt Ordinance 13-19 Amending Section 30-1, entitled "Definitions" and Chapter 30,Article VI, Division II, entitled"Signs. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wilson to adopt Resolution 13-80 Approving Notice of Summary Publication of Ordinance 13-19. Motion carried 5-0. The City Council recessed at 7:22 p.m. in order to go into work session. The City Council reconvened at 7:25 p.m. P O w E R E U 9 1 1`4 f U City Council Minutes Page 8 December 16,2013 9.1 Confirm the Mission of the Energy City Commission Mr. Barnhart presented the staff report. Councilmember Westgaard explained that he requested this item be discussed to get Council direction and verify the Energy City Commission is focusing in the proper direction. He stated there have been discussions at the Commission level regarding their role. Mayor Dietz indicated that Energy City is nice to have but not essential for running a city. He questioned if staff is continuing support of the Energy City Commission. Mr. Portner explained that a greater share of the Energy City Commission responsibilities have been moved to Elk River Municipal Utilities but city staff continues their support. He added that from a staff perspective, a lot of time and energy has been put into Energy City and it has a lot of value from a marketing and economic development standpoint and is a vital piece of who Elk River is. He stated that staff is looking for what elements the Council would like included in the Energy City Commission's mission and will move forward from there. Consensus of the Council was for the Energy City Commission to focus on the purpose of the Commission as outlined in Elk River City Code, section 2-353. 9.2 Wayfinding Signage Plan Ms. Gardner presented the staff report. She reviewed a PowerPoint outlining examples of current signage in the city as well as examples of wayfinding signage in other cities. Mayor Dietz questioned if the new signs could be made with our new sign machine. Ms. Gardner stated there is an opportunity for that. She added that she anticipates signage being replaced in phases. Councilmember Westgaard questioned if the price includes implementation of the plan. Ms. Gardner stated implementation of the plan is included; however, fabrication and placement of signs is not. Councilmember Motin indicated he feels this plan fits within the city's beautification goal adding current signage is not the best. He questioned the status of the wayfinding project parks was working on a couple years ago. Ms. Gardner stated the wayfinding project mentioned was through a grant for the Northstar Station and has been completed. Mayor Dietz questioned if funding is available. Mr. Simon indicated funding is available in the city's Development Fund. P O w E R E U 9 1 1`4 U City Council Minutes Page 9 December 16,2013 Councilmember Westgaard agreed this fits within the city's beautification goals and he would be in favor of moving forward. Councilmember Wilson agreed adding that the signage will help Elk River remain competitive. Consensus of the Council was for the consultant staff is recommending to provide a presentation on their proposal to the Council. 9.3 Nature's Edge Business Center Phase II Mr. Barnhart presented the staff report. Mr. Femrite reviewed the cost estimate. He explained that if the Council is interested in moving forward,the next step would be to prepare a Request for Proposal and begin the engineering design of the improvements. This design would then be brought back in the spring at which time the Council could decide whether or not to move forward. He added that in order to facilitate construction in 2014, the process would need to begin soon. Councilmembers Westgaard and Burandt expressed an interest in increasing the width of Twin Lakes Road with this phase. Mr. Barnhart stated that staff will research costs. Consensus of the Council was to include Phase 2 of the Nature's Edge Business Center in the 2014 Capital Improvement Plan. 9.4 Economic Development Update Mr. Barnhart provided an update on the Economic Development Authority meeting. He stated that the Council should anticipate reviewing the Bank of Elk River tax abatement amendment and a Sportech Forgivable Loan application in January. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:13 p.m. Minutes prepared by Jessica Miller. John J. Dietz,Mayor Tina Allard, City Clerk P O w E R E U 9 1 1`4 U VA City of Elk Closed Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, December 16, 2013 Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, and Executive Secretary/Deputy City Clerk Jessica Miller Also Present: Steve Hobbs,Minnesota Director of the Conservation Fund I. Call Meeting To Order I%k Pursuant to due call and notice thereof, the meeting of the Elk Diver City Council was called to order at 8:15 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 m The purpose of the closed meeting was to discuss the possible purchase of the M Houlton property,parcels 75-005-1100, 75-133-4200, 75-004-1000, 75-402-0032, 75- 413-0730, 75-413-0610, and 75-132-4410 pursuant to N Statute 13D.05, %7%bik, subdivision 3(c). 3. Adjournment here being no business,Mayor Dietz adjourned the closed meeting of the Elk River City Council at 8:29 p.m. Minutes prepared by Jessica Miller John J. Dietz,Mayor Tina Allard, City Clerk