4.1. DRAFT MINUTES (2 SETS) 04-07-2014 Closed Meeting of the Elk River City Council
City°r Held at Elk River City Hall
Elk Monday, March 17, 2014
River
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner and Executive Secretary/Deputy
City Clerk Jessica Miller
Also Present: Attorney Tom Scott frorYi ampbell Knutstint,_,
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 6:03 p.m. by Mayor Dietz..;`
2. Closed Meeting
Council discussed land use litigant n with their' oney per MN Statute 13D.05,
Subd. 3(b).
3. Adjournmen
;There being no further business,Mayor Dietz adjourned the closed meeting of the
Elk River City Council at 6:26 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, March 17, 2014
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, Parks and Recreation Director Michael Hecker,
Recreation Manager Steve Benoit, Planner Zack Carlton, 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 6:31 _.m.b 1Vlayor Dietz.
2. Pledge of Allegiance
Aemftkh
The Pledge of Allegiance was recited.
3. Consider 03 /17/2014 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the March 17, 2014, 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 March 3, 2014, regular meeting minutes.
4.2 Check register as outlined in the staff report.
4.3 Special event permit for Salk Middle School for a 5K walk/run on May
17, 2014, with the following conditions:
1. 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 also provide a list of
the property owners who must be notified. Event planner must
submit an affidavit that the notice was distributed.
2. Walkers/runners are to utilize sidewalks, trail systems, or road
shoulders throughout the entire route. No road closures will be
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March 17,2014
permitted. It is each runner's responsibility to ensure the streets
and intersections are safe prior to crossing.
3. Applicant shall be responsible for garbage clean-up immediately
following the event.
4. No paint allowed anywhere on trails. Chalk or cones may be used.
5. Applicant must contact Police Captain Ron Nierenhausen
(763.635.1202) at least three weeks prior to event to arrange for
police reserves.
4.4 Temporary on-sale liquor license to the Elk River Rotary Club for the
Taste of Elk River on May 15, 2014.
4.5 Retail sales/storage of fireworks permit for Jerry's Enterprises dba
Cub Foods,valid until April 9, 2015, with the following conditions:
1. Two (2) fire extinguishers must be placed near the area of the
fireworks display. One (1) extinguisher must be a water-based
pressurized extinguisher.
2. The Fire Department must conduct an inspection of the
fireworks display prior to firework sales. Applicant is
responsible for contacting the fire marshal for an inspection at
763.635.1110 after the fireworks display is set up.
4.6 Massage therapist license to Elisabeth Turner to work at Avalon Salon,
valid until December 31, 2014.
4.7 Resolution 14-10 acknowledging contributions from the Zimmerman
Fire Relief Association.
4.8 Assign Chris Teff as lead maintenance operator in the Streets Division
beginning at step C of pay grade 7, effective March 7, 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 Esmeralda Langbehn,
March Volunteer of the Month. He noted the following volunteering
accomplishments:
• Classroom volunteer at Meadowvale Elementary
• Girl Scouts
• Multiple sports booster clubs
• ERHS year-end committee
• Women of Today
• Early Childhood Family Education
• Sunday school teacher
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March 17,2014
6.2 Car Seat Recycling Program, Sherburne County Public Health
Mark Lees, Sherburne County community health coordinator- provided an update
on the car seat recycling program and thanked the city for their continued
cooperation.
6.3 Proclamation: Mayor's Day of Recognition for National Service
Mayor Dietz read the proclamation.
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to proclaim April 1, 2014, as National Service Recognition Day. Motion carried
5-0.
6.4 Proclamation: National Donate Life Month
Mayor Dietz read the proclamation.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to proclaim April 2014 as Donate Life Month. Motion carried 5-0.
6.5 The Bank of Elk River Sponsorship
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to acknowledge and recognize The Bank of Elk River for their
contribution in 2013. Motion carried 5-0.
Mayor Dietz presented a plaque to representatives of The Bank of Elk River.
6.6 Introduction of New Employees
Mr. Barnhart introduced Environmental Technician Kristin Mroz. Ms. Mroz thanked
the Council for the opportunity for the position and provided some of her
background.
Mr. Simon introduced Jake Larsen as the new full-time liquor store clerk. Mr. Larsen
provided a brief background of himself and stated he is excited for this opportunity.
6.7 Elk River Library Annual Report
Elk River Library Branch Manager Will Hollerich presented the Elk River Library
Annual Report as outlined in the staff report.
6.8 Grow Minnesota Update
Debbie Rydberg, executive director of the Elk River Area Chamber of Commerce,
provided an update of the Grow Minnesota program.
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7.1 Conditional Use Permit: Spectrum Schools for Institutional Use (6 1h
Grade School) at 11044 Industrial Circle, Case No. CU 14-07
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Rick Peterson,representing Spectrum - stated he is excited about the project.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
Councilmember Motin expressed his opposition to the project. He believes
Spectrum is a good school but does not believe the school should expand in its
current industrial location due to issues with traffic, parking, and pedestrian conflicts.
He added staff and the Council were told by Spectrum representatives when the
school moved to its current location that the school would not expand in this
location. Councilmember Westgaard concurred the proposed area is not a good fit
for the school. He also recalled discussions with the Council regarding the industrial
area not being a good fit for Spectrum.
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to approve the Conditional Use Permit for Spectrum Schools to operate an
institutional use in a Business Park District, with the following conditions:
1. The CUP is not a building permit and the applicant must apply for and
receive approval of required building and sign permits before construction
may begin.
2. The building shall meet all building and fire codes.
3. The applicant must apply for and receive approval of all required sign
permits before signage may be installed.
4. Capacity of the school shall not exceed 150 students.
5. Inclusion of grades other than 6Lh grade will require an amendment to the
CUP.
6. No school-related parking on the adjacent public streets.
7. All concrete masonry units shall be the same color as the wall color they
are infilling.
8. Due to the industrial nature of the neighborhood, the school recognizes
that noise, odors, truck traffic, and other undesirable effects may be
present.
Motion carried 3-2. Councilmembers Motin and Westgaard opposed.
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7.2 Interim Use Permit: Juanita Glenn on Behalf of Wapiti Park to Allow
Accessory Use, Case No. CU 14-08
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to April 21, 2014.
7.3 Ordinance Amendment: Amend Language Regarding Billboards, Case
No. OA 14-01
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Steve Anderson, Franklin Outdoor Advertising-indicated a need for additional
billboards in Elk River and expressed support for the ordinance amendment.
Debbie Rydberg, executive director of the Elk River Area Chamber of Commerce
— encouraged the Council to approve the ordinance amendment.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
Councilmember Motin stated he believes allowing additional billboards goes against
the city's beautification plans.
Moved by Councilmember Burandt and seconded by Councilmember
Westgaard to adopt Ordinance 14-04 amending section 30-875 entitled "I-2
medium industrial district and Section 30-1293, entitled "1-2 medium
industrial district to allow advertising signs (billboards) as a conditional use
in the I-2 zoning district. Motion carried 4-1. Councilmember Motin opposed.
7.4 Draft Comprehensive Plan
Kelsey Johnson of WSB and Associates provided an overview of the draft
Comprehensive Plan.
Mayor Dietz opened the public hearing.
Martin Harstad, owns property north of County Road 35 and east of Zebulon—
encouraged the Council to extend urban services to his property.
Rita Clark Johnson, 508 Tipton Avenue— stated she is excited about the plan. She
encouraged the city to provide assistance to downtown residents wishing to reinvest
in their homes.
Dave Anderson, 14845 County Road 30—expressed concerns with the road shown
connecting County Road 33 to County Road 32 running through Woodland Trails
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Park. He explained that the road was also included in the last Comprehensive Plan
but was removed after hearing community input. He stated that the community will
rally again to have it removed if necessary.
Mike Niziolek, 12275 Rush Circle—reiterated what Mr.Anderson said adding that
this park is the city's prize possession and it should be protected.
There being no one else to speak to this issue,Mayor Dietz continued the public
hearing to April 21. Due to Councilmember schedule conflicts, consensus was for
the Comprehensive Plan discussion to come back on May 5.
Mayor Dietz requested the city engineer review the cost of extending urban service
in to Mr. Harstad area. He stated that once he hears back from the city engineer,he
will respond to Mr. Harstad.
Mr. Barnhart stated that in response to Mr. Anderson and Mr. Niziolek's concerns
regarding the road connecting County Roads 32 and 33, the road is in the County
Transportation Plan and was carried over to the city's Comprehensive Plan. He
stated that the Council can remove it from the city's plan but it will remain in the
county's plan. Council consensus was to remove the connection road as shown
through Woodland Trails Park and for staff to draft a letter to the county requesting
an alternative east west alignment be investigated.
Mayor Dietz stated he was contacted by a representative of Cretex because the draft
plan shows a road connecting Proctor to Meadowvale running directly through
Cretex property. He stated that they are unhappy and would like the road removed
from the plan.
Mr. Barnhart noted staff will collect all comments before updating the plan.
Mayor Dietz questioned how property owners are notified when their zoning is
changed through this process. Mr. Barnhart indicated that changes to the
Comprehensive Plan impact all residents. He stated attempts are made to notify all
residents via public meetings,public notices, etc. Mayor Dietz requested that the
major change areas bulleted in the plan be published. Attorney Beck added that land
is not rezoned without notice to the affected property owners and that rezoning is
not necessarily initiated until the property owners requests the rezoning.
7.5 Ordinance Amendment: Great River Energy Zone Change, Case No.
ZC 14-01
7.6 Conditional Use Permit: Great River Energy for Outdoor Storage at
17845 Highway 10, Case No. CU 14-09
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearings. There being no one to speak to these
issues,Mayor Dietz closed the public hearings.
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Moved by Councilmember Wilson and seconded by Councilmember Motin to
adopt Ordinance 14-05 rezoning certain property from R-3
townhouse/multiple family residential to I-1 light industrial and approving
the conditional use permit request for outdoor storage in the I-1 zoning
district with the following conditions:
1. The CUP is not a building permit and the applicant must apply for and
receive approval of required building and sign permits before construction
may begin.
2. Any structures shall meet all building and fire codes.
3. Security lighting shall not increase the level of illumination on any
adjacent residential property by more than 0.1 foot-candle in or within 25
feet of a dwelling or by more than 0.5 foot-candle on any part of the
property.
4. Subject to the successful rezoning of the property to I-1
Motion carried 5-0.
8.1 Professional Services to Develop and Implement the Surface Water
Management Plan
Ms. Fischer presented the staff report.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the professional services proposal and the pay estimate
from HDR Engineering, Inc. in the amount of$127,000 to develop and
implement the city's Surface Water Management Plan as outlined in the staff
report. Motion carried 5-0.
8.2 Summer Office Hours Policy
Mr. Portner presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the updated City Hall Summer Office Hours Policy as
presented. Motion carried 5-0.
Mayor provided update on his recent trip to Washington DC as a representative of
the Utilities Commission.
The Council recessed at 8:30 p.m. in order to go into work session. The Council reconvened
at 8:34 p.m.
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9.1 Host Approval Request - Spectrum School Project
Mr. Simon presented the staff report. He indicated that Spectrum has requested a
host approval public hearing and a Payment in Lieu of Fee (PILOF) agreement as
they did in 2012. Mr. Simon requested direction on applicable fees for the PILOF
agreement.
Councilmember Motin confirmed whether or not Spectrum is purchasing the units.
Mr. Simon stated that indications are that is their plan. Discussion took place and the
Council agreed that the fees associated with the low-grade office are more consistent
to what the actual use of the buildings would be if the school wasn't occupying the
space. Consensus was to approve Spectrum School's request for a public hearing and
approval of a host agreement for issuance of charter school lease revenue bonds with
the PILOF amount of$56,043 based on four year of estimated tax loss.
9.2 Commercial Reserve District Scope
Mr. Barnhart presented the staff report. He stated staff is under the assumption that
the plan is to provide water and sewer in the Commercial Reserve Transition (CRT)
on the east side of Highway 169 and also to the mining area west of Highway 169.
Council agreed.
Mr. Barnhart explained that it would be helpful to have a general land use plan and a
sense of what the Council is expecting out of this area so the plan can be properly
crafted.
Councilmember Westgaard questioned if it would be better to finish the
Comprehensive and Transportation Plans before defining a land use plan for the
CRT area. Mr. Barnhart indicated that if this plan is put on hold until the
Comprehensive and Transportation Plans are completed it would be 2015 before the
CRT land use plan would move forward. He added that he doesn't believe it is
critical to have those plans in place to move forward with this plan.
Mr. Barnhart stated that staff will develop a land use scope with basic information
and the Council can include additional information as they see fit. The Council
agreed.
9.3 Pinewood Golf Course Operations
Mr. Portner explained the Council met earlier in closed session to discuss the
litigation process. He stated the next step is to consider the 2014 operation of
Pinewood.
Council consensus was to not open Pinewood for the 2014 golf season and for staff
to come back with personnel plans for Council review.
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10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:21 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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