04-21-2014 CCM City of
Ed
Lkk� 6=4. Meeting of the Elk River City Council
Pd0
ver Held' at the Elk River City all
Monday, April 21, 2014
Members Present: Mayor Dietz, Councitmembers Westgaard, and Burandt
Members Absent: Councilmember Motin
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Jeremy Barnhart, Planner Zack
Carlton, Director of Economic Development Brian Beeman, City
Attorney Peter Beck, Police Chief Brad Rolfe, and City Clerk'Tina
Allard
1. all Meeting to Order
Pursuant, to due call and notice thereof, the meewilg of the Elk River City Council
was called to order at 6:50 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 04 121/2 1 genda
Moved by Councihnember Westgaard and seconded by Councilmember
Wilson to approve the April 21,2014, agenda. Motion carried 4-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the following consent agenda:
4.1. April 7, 2014, Regular Council Minutes.
4.2 Check register as outlined in the staff report.
4.3 Transient merchant license to Allen Pantelis to sell kites,ground
spinners, wood carvings, and windsocks from the parking lot of Wash-
n-Fill, 18296 Zane Street NW,weekends May through September,
subject to the following conditions:
1. One 24-square foot sign shall be allowed. A temporary sign permit
must be obtained prior to display of the sign. Contact the Planning
Department at 763.635.1000.
2. The merchandise displayed shall, not occupy more than 100 square
feet [Section 38-414 (6)].
3. Applicant must remain on the asphalt surface and no product shall
be displayed in the grassy areas.
4. No electrical services shall be across any drive or walking surface.
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5. If traffic becomes a problem around the temporary site,the sales
area shall be delineated with a barrier to restrict traffic.
6. The area shall be maintained free of debris and kept in an orderly
condition.
7. Trailer shall be no larger than 8 x 12.
8. No signage may be posted on the trailer.
9. Trailer to be parked overnight as shown on the site plan. Overnight
parking is limited to Friday through Sunday of the sales weekends.
4.4 Renewal of the sales/storage of retail fireworks license for Menards
Elk River valid until July 6, 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 at 763.635.1110 after the fireworks
display is set up for an inspection.
4.5 Temporary sales/storage of fireworks license to TNT Fireworks to sell
fireworks June 20, 2014, through July 6, 2014, from a tent in the parking
lot at Walmart, 18185 Zane Street,with the following condition:
1. Inspection of the outside area will take place prior to the tent
opening for sales. Applicant must contact the fire marshal at
763.635.1110 or 763.238.3489 for an inspection after the tent area has
been set up.
4.6.A Special event permit for Broadway Bar and Pizza to hold a car show on
Sunday,June 1, 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 and a list of property owners to
notify. The event planner must submit an affidavit that the notice
was distributed. The notification must address the anticipated
increase in street parking.
2. On-street parking to be used for customers only. All display
vehicles must be confined to Broadway Bar and Pizza property.
3. 167th Avenue to remain open to two-way traffic.
4. Liquor is only permitted inside the building and on the patio, and
must be strictly enforced by bar staff.
5. Exterior sounds systems/music must comply with city noise
ordinance.
6. Prior to display, all temporary signage shall receive the appropriate
permit.
7. Applicant must contact Fire Marshal Cliff Anderson at 763.635.1110
or 763.238.3489 during event set up for a walk-through inspection
of the property to ensure property accessibility to the buildings and
adjacent properties is maintained during the event.
8. Applicant must provide portable toilet facilities as outlined in the
application.
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April 21,2014
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4.6.11 special event permit amendment for Zylstra Harley Davidson to
include the additional events as highlighted in Exhibit A, subject to
the following conditions consistent with the original approval:
1. The event planner is required to notify surrounding businesses,
residents, and organizations of the additional events. The city will
provide a template of the notice that must be distributed and a list
of property owners to notify. The event planner must submit an
affidavit that the notice was distributed.
2. Inspection of the outside area will take place prior to each outside
event when there is a tent. Applicant must contact the fire marshal
at 763.635.1110 for an inspection after the tent area has been set up.
3. The tent shall be removed within one day of the event and the site
returned to its previous condition.
4. Event parking may not obstruct public roadways or tender them
unsafe for vehicle or pedestrian traffic.
5. If traffic becomes a problem around the temporary site, the area
shall be delineated with a barrier to restrict traffic.
6. No electrical services shall be across any drive or walking surface.
7. All temporary signs shall receive a permit prior to display.
4.7 Massage establishment and massage therapist license for Amelia
Anderson dba Cocoon House of Massage, 586 Dodge Avenue NW,
Suite D,valid until December 31, 2014.
4.8 Hiring the following on-call firefighters, effective April 21, 2014.
M Jacob Collins
® Garrett Erdman
IN Zachary Hoffman
Chad Kreuser
Joseph Libor
Sandy Meredith
Casey Neumann
Kenneth Smith
Brandon Vito
4.9 Elect to not waive the statutory tort limits for liability insurance.
4.10 Fiber optics installation to the Northbound and Westbound Liquor
Stores.
4.11 Increase of$261,800 in professional services by Bolton & Menk, Inc.
for the Wastewater Treatment Facility (WWTF) improvement project.
4.12 Forgivable loan extension for Orluck Industries.
4.13 Position description for Police Department special services sergeant.
4.14 The following equipment purchases:
1. 2014 Mack tandem axle plow truck with Towmaster equipment for
snow removal efforts
2. 2012 John Deere 6430 Tractor equipped with a boom mower unit
4.15 Development Agreement for the Jabez Second Addition.
4.16 Hiring of Jessica Noreen as part-time cablecaster effective May 12,
2014.
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Apfil 21,2014
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Motion carried 5-0.
54 Open Forum
Mae Thompson, 10334 Main Street - Stated she is opposed to the city's ordinance
regarding signage placement in right-of-way. She discussed the amount of money she
lost compared to the previous year due to city staff pulling her signs because they
were violating city ordinance. She stated the signs are nice becau§e older people don't
like or use technology. She expressed concerns with safety if signs are located further
in on private property. She asked Council to reconsider the placement of signs in the
right-of-way.
Mayor Dietz noted the Council discussed this in detail last year and that it would be
added to a future agenda.
6.1 City of Elk River Volunteer of the Month
Mayor Dietz *introduced,read, and presented a plaque to David Raymond,April
Volunteer of the Month. He noted the following accomplishments:
Active Elk River Arts Alliance Member since early 1990's and Chairman since
2007
Ellk River Community Theater set builder
Numerous fund-raising bicycle rides
The Mayor thanked Mr. Raymond for his service.
6.2 Oath of Office: Patrol Sergeant David Windels
Chief Rolfe introduced Mr. Windels and provided his background.
Mayor Dietz performed the oath of office.
741 Blackhawk Woods Tax Increment Financing District
Mr. Beeman presented the staff report.
Mikaela Hoult, Springsted - Reviewed the process for approving the TIF ,district,
the purpose of the TIF plan,project qualifications, and scoring of projects.
Mayor Dietz opened the public hearing.
Roger Derrick applicant- Reviewed the project as outlined in his narrative in the
staff report. He further referenced the Maxfield Study regarding housing needs for
seniors.
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App l 21,2014
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Thcre being no one else to speak to this issue, Mayor Dietz closed, the public
hearing.
Councilmetriber Wilson stated he agreed with the corn eats made by Mr. Derrick
and feels there is a need for this type of senior housing project in 11k River; however
he struggles over the low scoring of the project.
Councilmember Burandt referenced her background experience and stated other
jobs, not included in the scoring would have an impact on job creation, such as
health care personnel coming in to assist:people living In this housing project. She
stated the city needs i-Tiore affordable housing for seniors.
Mr. Derrick stated his concern with how the scoring sheet put an emphasis on jobs
and how expansive the units can be but for senior housing it should be to supply
housing to people that need it and to do it at the lowest possible price. He stated the
goals and issues are counter to the city's scoring systct-n. He stated this is true of the
jobs portion, also noting that Indirectly there would be jobs filled to build the project
and other miscellaneous service type jobs, such as Councibriember Burandt had
mentioned.
Councflrneinber Westgaard stated he has concerns for the project and was
disappointed how much the scoring dropped. He stated the city could look at
alternative ways to try and make this type of project work.
Mayor Dietz stated be is not in favor of using"11F for a housing project. He stated
he understands the need for senior housing but the purpose ot"FIF is for job
creation.
Moved by Councilmember Burandt to adopt a resolution approving the
modification of the development program for a development district no. 1,
establishing a tax increment financing district and approving a tax increment
financing plan Therefor. Motion dies for lack of a second.
Mr. Derrick encouraged the ("'ouncil to re-evaluate the score sheet for any= future
applicants/developers.
7.2 Spectrum School Project
Resolution Giving Host Approval. to the Issuance of Charter School Lease
Revenue Bonds
Agreement for payment in Lieu of I"ces
Mr. Simon 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.
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Moved by Councilmember Wilson and seconded by Councilmember Burandt
to adopt Resolution 14-13 Giving Host Approval to the Issuance of Charter
School Lease Revenue Bonds under Minnesota Statutes, Sections 469.152
Through 469.1655 (Spectrum High School Project). Motion carries 4-0.
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to approve the agreement for Payment In Lieu of Fees. Motion carried 4-0.
7.3 Coachman's Ridge by Duffy Development Co.
• Preliminary Plat, Case No. P 14-02
• Resolution for Final Plat
• Site Plan Review a for 52 Unit Apartment Building, Case No. SP 14-02
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing for all three of these items.
Mr. Barnhart entered Councilmember Motin's coniments for the record as follows
and as outlined in the Council packet:
• Safety of children older than tot-lot age crossing Twin Lakes Road to get to
a park or to see other friends in other developments due to no safe
intersection
• Loss of commercial property for residential uses. This will impact the
viability of the entire commercial area
• Visibility issues with Twin Lakes Road and the curvature of the road - poor
safety
John Duffy, Duffy Development, stated he is available for questions.
There lacing no one else to speak to this issue,Mayor Dietz closed the public
hearing.
It was noted there is no access for this building on Twin Lakes Road and the access
drive is located in the Northstar Commuter Rail parking lot.
Mayor Dietz stated his major concern with the project was the access to Twin I..,akes
Road but he feels better about it because the building will be utilizing the same
access as the Northstar lot.
Councilmember Westgaard stated there are challenges at this location with vehicle
and biking traffic and he has concerns with traffic stacking during peak commuter
hours.
Mayor Dietz questioned where the other play area is located that the older kids might
try to access.
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Mr. Barnhart stated there is a one acre private park in the l-Jk River Station
development:.
Councilmember Burandt questioned the zoning;and size of the oudot.
Mr. Carlton stated the parcel is about one acre and may be proposed to be zoned
con lal in t
-imerc I the future by the applicant.
Councilmember West card questioned if tl is development is consistent with the
Focus Area Study in terms of land use.
Mr. Barnhart stated it is consistent with the original development plan for this -area.
He stated it is consistent with the Focus Area Study,which included some type of
stall business like a coffee shop or dry cleaner.
Prelikinag Plat
Moved by Councih-nember Westgaard and seconded by Councilmember
Wilson to approve Preliminary Plat, Case No. P 14-02, for Coachman Ridge of
Elk Rivet with the following conditions:
1. Submittal of updated preliminary and final plats identifying document
numbers for the access easement.
2. Submittal of a signed agreement between the applicant and MnDOT
granting the permanent ingress/egress easement.
3. The subdivision drawings shall be submitted to the city in an electronic
format (.dwg file) as required by city ordinance and land use application.
Motion carried 4-0.
Final Plal
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt Resolution 14-14 Granting Final Plat Approval for
Coachman Ridge of Elk River, Case No. P 14-02 with 6 conditions:
1. Access restriction shall be placed along Twin Lakes Road.
2. 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. ($1,287
per acre, 2014 rate).
3. Park dedication shall be paid for 52 dwelling units at the rate applicable at
the time the plat is released for recording. Current rate for residential is
$3,712 per dwelling unit.
4. All required grading permits must be obtained prior to commencing work
on the site.
5. Grading, erosion control, and post construction stormwater management
plans be submitted and approved by the city engineer prior to the issuance
of grading permits.
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April 21,2014
6. Any item or condition found that indicates the site is likely to yield
information important to prc-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.
Motion carried 4-0.
Sile PIan
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the Site Plan request for a 52-unit apartment building from
Duffy Development with.the following conditions:
1. As site plan approval is not a building permit,the applicant must apply for
and receive approval of all required permits.
2. Staff approval of updated landscape plans, grading plans, and stormwater
calculations reflecting the addition of a fire access drive.
3. The property shall be platted, and recorded,prior to release of the
building permit.
Motion carried 4-0.
7.4 Interim Use Permit:Juanita Glenn on Behalf of Wapiti Park to Allow
Accessory Use, Case No. CU 14-08
Mr. Carlton presented Mr. Leeseberg's staff report. He further noted information the
city has asked for in order to review and evaluate the Interim Use Permit (IUP)
request has not been provided. Mr. Carlton stated city ordinance would require curb
and gutter on the parking areas and the applicant has not 'indicated on a site plan
where these areas would be located. He also stated accessory structure size and
location, and existing signage must be located on a site plan and submitted to staff.
0 -
Mr. Carlton stated the site is located in the Shoreland Management Overlay District
within two different districts: Urban River Segment and General Development Lake.
He stated the septic system must meet current requirements of Minnesota Statutes
and the Minnesota Pollution Control Agency before the permit can be approved and
the city must receive proof that it meets these requirements. He noted the city
attorney sent a letter on Match 14, 2014, that outlined the process for extending the
time period for consideration of the IUP if the applicant doesn't have enough time
to provide the inspection and certification documents for the April 8, 2014 Planning
Commission meeting. He stated the applicant did not provide any documentation
and there was no request to extend the time for Planning Commission or City
Council action.
Mr. Carlton stated no one spoke at the Public hearing for the Planning Commission.
C� -
Fle further stated the Planning Commission recommended denial of the request. Mr.
Carlton stated staff is recommending denial of the request for an IT T for the two
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reasons outlined in the Action Requested section of the Council staff report dated
April 21, 2014.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Attorney Beck requested the following two changes to the resolution the Council is
asked to adopt: at tonight's meeting:
1. Strike the word "entirely" from Findilig,of Fact #2.
2. Add the following clause to the last sentence in Finding of Fact #13: "_and
the Application does not include the required curb and gutter." (EhIS clause
u,,as alreacy in the orme,nal resolution).
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to adopt Resolution 14-15 Denying an Application for an Interim
Use Permit and Establishing Findings of Fact Therefore,with the above
changes noted by the city attorney, for the following reasons:
1. The applicant has failed to provide documentation that the on-site septic
systems at Wapiti Park have been inspected and certified to be in
compliance with state statutes and administrative rules. The city is
prohibited by state law and city ordinance from approving,any permit,
including the interim Use Permit, if the septic systems have not been
inspected and found to be in compliance with the current state standards.
2. The applicant has failed to provide updated site plans showing that the
driving and parking areas for the store building will be defined by
concrete curl) and gutter as required by Section 30-901 of the City Code.
Motion carried 4-0.
7.5 City of Elk River for Land Use Amendment (Comprehensive Plan),
Case No. LU 84-1
Mr. Barnhart presented the staff report.
.Mayor Dietz opened the public hearinp,. J'here being no one to speak to this issue,
Mayor Dietz continued the public hearing to May 5, 2014.
Other Items
Bqscoul Breakfast
Mr. portnerasked Council for confirmation on who will be attending the breakfast.
Board of Appeal Rea inder
Mr. Portner reminded the Council of the meeting scheduled for Monday, April 28, at
6:30 p.m. at Sherburne County
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C'leaii-up E'lk Riy)er
Mayor Dietz appealed to the public to take along a garbage bag when they are out
for a walk in their neighborhoods to help clean up Elk River and noted his
appreciation for those who help to keep the community beautiful.
Council recessed at 8:02 p.m. in order to go into worksession.
Council reconvened at 8:08 p.m.
9.0 Annual Financial Forecasting Model Review
Mr. Simon reviewed the city's long-term financial model for the General Fund.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:47 p.m.
Phn ,WL)ielayor
fina Allard, Ci"T Clerk
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