06-02-2014 CCM City of
E Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday,June 2, 2014
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt, Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon,
Planner Zack Carlton, IT Manager Bob Pearson, Parks and
Recreation Director Michael Hecker, Street Superintendent Mark
Thompson,Assistant Finance Director Lori Ziemer, and Senior
Administrative 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 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 06/02/2014 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the June 2, 2014, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Wilson and seconded by Councilmember Motin to
approve the following consent agenda:
4.1 May 19,2014, Regular Council Minutes.
4.2 Check register as outlined in the staff report.
4.3 Retail Sales and Storage of Fireworks Renewal License for Walmart
valid through June 8, 2015,with the following conditions:
1. Two fire extinguishers must be placed near the area of the
fireworks display. One extinguisher must be a water-based,
pressurized extinguisher.
2. The Fire Department must conduct an inspection of the fireworks
display area 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.
4.4 Special Event Permit for the YMCA for a 5K run/walk scheduled for
July 19, 2014, subject to the following conditions:
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June 2,2014
1. The event planner is required to notify property owners abutting
the route. 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. Applicant shall be responsible for garbage clean-up immediately
following the event.
3. No paint allowed anywhere on trails. Chalk or cones may be used.
4. Walkers/runners are to utilize sidewalks, trail 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.
5. The YMCA shall designate race marshals to monitor the race route
and participants and contact Police Captain Ron Nierenhausen at
least three weeks in advance to arrange for police reserves.
6. Public walkways may not be blocked.
4.5 Resolution 14-23 Acknowledging Contributions from the Elk River
Ministerial Association in the amount of$1,757.92 with the intent to be
used for park improvements.
4.6 Annual Renewal of Liquor Licenses valid July 1, 2014, through June 30,
2015, for the following:
3.2. Percent Malt Beverage On-Sale
• Daddy O's Cafe
• Pompeii Pizzeria
3.2. Percent Malt Beverage Off-Sale
• Cub Foods
• McCoy's Pub
• SuperAmerica #4196
• SuperAmerica #4338
• SuperAmerica #4470
• Wal-Mart Supercenter#3209
Club
■ Eagles Club
On-Sale Liquor
• Applebee's Neighborhood Grill & Bar
• Broadway Bar& Pizza
• Buffalo Wild Wings Grill& Bar
• Chipotle Mexican Grill
• El Amigo's
• Elk River Golf Club
• McCoy's Pub
• Mucho Loco
• Sunshine Depot
• Timeout Restaurant and Sports Bar
On-sale Sunday
• Applebee's Neighborhood Grill& Bar
• Broadway Bar & Pizza
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• Buffalo Wild Wings Grill & Bar
• Chipotle Mexican Grill
• Eagles Club
• El Amigo's
• Elk River Golf Club
• McCoy's Pub
• Mucho Loco
• Sunshine Depot
• Timeout Restaurant and Sports Bar
Wine
■ Pompeii Pizzeria
Strong Beer Permission
■ Pompeii pizzeria
4.7 Temporary 3.2 percent malt liquor license for the Elk River Lions for
June 14, 2014,with the following condition:
■ Age verification is required and wrist band control is
recommended.
4.8 Resolution 14-24 awarding contract to Pearson Brothers Inc. in the
amount of$194,925.07 for the 2014 Seal Coat Improvements.
4.9 Storage Area Network replacement and server upgrade as outlined in
the staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.LA Introduction of New Employee —Jake Walz
Mr. Pearson introduced IT Support Assistant Jake Walz. Mr. Walz thanked the
Council for the opportunity for the position and provided some of his background.
6.1.13 Introduction of New Employee — Kristofer Paulseth
Mr. Hecker introduced Kristofer Paulseth as the new full-time parks maintenance
worker. Mr. Paulseth provided his background and stated he is excited for this
opportunity.
6.2 Comprehensive Annual Financial Report for year ended December 31,
2013
Mr. Simon introduced Andrew Berg with Abdo,Abdo, Eick, & Meyers.
Mr. Berg gave a presentation regarding the 2013 CAFR and audit results along with
the Fire Relief Association financial statements. He noted there were no findings
against the city.
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Mr. Simon thanked staff for all the work that goes into putting the document
together.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to accept the Comprehensive Annual Financial Report for the year
ended December 31, 2013. Motion carried 5-0.
7.1 River of Life Church: Interim Use Permit for Temporary Classroom
and Office Space
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
Motin to approve the Interim Use for three temporary structures for classroom
and office space at River of Life Church with the following conditions:
1. The Interim Use Permit shall expire on June 1, 2017.
2. The temporary structure on the south side of the building (office) shall
not be granted future Interim Use Permits, and must be removed by
June 1, 2017.
3. If an extension to the June 1, 2017, deadline for the two temporary
structures on the north side of the building (classrooms) is necessary,
the applicant shall apply for an amendment to the Interim Use Permit.
4. The total square footage of all three portable offices shall not exceed
2,750 square feet.
5. If the location of any of the portable structures is changed, the
applicant shall apply for an amendment to the Interim Use Permit.
G. All three portable structures shall meet all building and fire codes.
7. Should an access drive onto 217th Avenue be created at any time, the
portion of 217th Avenue from County Road 1 to 50 feet past the access
drive shall be paved to city standards.
Motion carried 5-0.
7.2 Prestigious Woodland Hills Second by Benzinger Properties, Inc.:
a. Preliminary Plat
b. Resolution for Final Plat
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
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Penni Parker, 19530 Albany Circle NW, expressed concerns with the location of
her sprinkler system being impacted, as well as her desire to see larger lots plotted for
this addition and open communication with the contractor.
Mr. Carlton stated any impacts to the sprinkler system would be repaired by the
developer. He stated all lots in this addition would follow all R1c zoning standards.
Chris Singer, representing Elk River Golf Club, 20015 Elk Lake Road NW, stated
his desire to have an easement placed in lot 10 to allow access to the golf course
from 196`'Lane.
Mr. Carlton stated he would have to communicate his request with the land owner
and developer.
There being no one further to speak, Mayor Dietz closed the public hearing.
Preliminary Plat
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the request by Benzinger Properties, Inc., for
Preliminary Plat of Prestigious Woodland Hills Second Addition by
Benzinger Properties, Inc., with the following conditions:
1. A developers agreement be prepared and executed outlining the terms
and conditions of the plat approval prior to releasing the plat for
recording.
2. Surface Water Management Fee be paid in the amount required by the
city at the time of final plat prior to releasing the plat for recording
(currently $214/residential lot).
3. All comments in the letter from the city planner dated April 23, 2014,
be addressed and incorporated into the plans.
4. Street lights be installed as required by Elk River Municipal Utilities.
5. A Letter of Credit be provided to the city in the amount of 100% of the
costs of the public improvements.
6. Upon completing all of the improvements and having them accepted
by the city, a security or warranty in a form acceptable to the city
engineer will be secured.
7. A Sealcoat Fee in the amount to be determined by the city engineer be
paid prior to releasing the plat for recording (currently $5/foot).
8. A Development Plan be approved by the city engineer prior to the
issuance of building permits.
9. All mailboxes be clustered.
10. 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.
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Motion carried 5-0.
Final Plat
Moved by Councihnember Westgaard and seconded by Councilmember
Wilson to adopt Resolution 14-25 Granting Final Plat Approval for Prestigious
Woodland Hills Second, Case No. P 14-04,with 10 conditions:
1. A developers agreement be prepared and executed outlining the terms
and conditions of the plat approval prior to releasing the plat for
recording.
2. Surface Water Management Fee be paid in the amount required by the
city at the time of final plat prior to releasing the plat for recording.
(currently $214/residential lot)
3. All comments in the letter from the city planner dated April 23, 2014,
be addressed and incorporated into the plans.
4. Street lights be installed as required by Elk River Utilities.
5. A Letter of Credit be provided to the city in the amount of 100% of the
costs of the public improvements.
G. Upon completing all of the improvements and having them accepted
by the city, a security or warranty in a form acceptable to the city
engineer will be secured.
7. A Sealcoat Fee in the amount to be determined by the city engineer be
paid prior to releasing the plat for recording (currently $5/lineal foot).
8. A Development Plan be approved by the city engineer prior to the
issuance of building permits.
9. All mailboxes be clustered.
10. 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.
Motion carried 5-0.
7.3 Douglas Warneke: DHJ Plat
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.
Councilmember Westgaard was concerned with allowing approval of this plat
without any access to a city street, noting that wasn't currently a required condition
to purchase any adjacent city property.
Mr. Carlton stated the preliminary plat could be approved until access to the
property is resolved and before approving the final plat, a condition can be added
requiring a signed purchase agreement with the city which allows access to the
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June 2,2014
property. He stated another option would be a variance since there is no frontage on
a city street and would be required if an easement was used to gain access to the
property.
Councilmember Burandt asked for clarification of the location of the adjacent
driveways and commented the empty parcel had been being used as a park.
Mr. Carlton provided information regarding the location of the driveways for the
two adjacent lots.
Councilmember Motin expressed similar concerns with Counciltnember Westgaard
and stated a condition should be included stating nothing can be built upon the lot
until access is gained from 8`' or Holt Street.
Mr. Carlton stated an eighth condition, an executed purchase agreement with the city
to gain access to the property.
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to approve the Preliminary Plat of DHJ as requested by Douglas Wameke
with the following conditions:
1. Surface Water Management Fee for one lot in the amount required by
the city at the time of final plat be paid prior to releasing the plat for
recording ($214 per lot, 2014 rate).
2. All appropriate grading permits must be obtained prior to
commencing work on the site.
3. Grading and erosion control plan be submitted and approved by the
city engineer prior to the issuance of building permits.
4. Water Availability Charge be paid prior to releasing the plat for
recording.
5. Park Dedication shall be provided in the form of cash for one (1) lot at
the rate applicable at the time of Final Plat approval.
6. 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.
7. Service connection plan approved by city engineer.
8. A purchase agreement or a cross-access easement agreement between
the applicant and the City of Elk River is required to provide access to
Lot 3, Block 1, through the city-owned lot on the outside corner of 8`'`
Street and Holt Avenue.
Motion carried 5-0.
8.1 Concept Review: River Park Subdivision Re-plat
Mr. Carlton presented the staff report.
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Councilmember Motin asked if the current housing market made it more desirable
and affordable to market single-family homes,noting he thought Kliever Lake Fields
development switched from single family homes to townhomes because they
couldn't market single-family homes.
Mr. Carlton stated the development he was familiar with,Kliever Lake Fields 4`s
Addition,replatted from townhomes to detached townhomes.
Councilmember Westgaard has no problems or concerns with supporting this replat.
Counciltnember Motin asked what affect this replat would have on future
improvements to the townhomes remaining in the association and would projected
association dues cover those improvements.
Mr. Carlton stated staff will work with the developer to ensure enough fees are
generated to cover future association improvement needs.
Councilmember Wilson shared similar concerns regarding a conversion of
developments and stated from a banking viewpoint, there could be some hurdles the
association would have to overcome.
By consensus, the Council was in favor of replatting the River Park subdivision from
nine townhome lots, 48 units, to approximately 17 single-family lots.
8.2 Bus Storage and Maintenance Agreement with Tri-County Actoon
Program,, 9nc. (Tri-CAP)
Mr. Thompson presented the staff report on behalf of Suzanne Fischer.
Mayor Dietz asked questions regarding the end-of-lease negotiations and if any
extensions were allowed.
Mr. Thompson explained the agreement, effective June 3, 2014, did allow for a 90-
day written notice to terminate and an option for 1-two year agreement extension
before renegotiating is required.
Councilmember Motin commented that future build out of the facility would require
Tri-CAP to house the buses in a different location.
Mayor Dietz asked if the income generated by this agreement would stay in the street
department budget.
Mr. Simon stated it would be placed in the Street Services revenue line item in the
General fund.
Councilmember Wilson asked what services the buses provided.
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Mr. Thompson stated the bus service would replace the River Rider transportation
service currently used in Sherburne County, and the service is used by residents with
a need for transportation services to medical appointments, stores, etc.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the agreement with Tri-CAP, Inc., to store and maintain
up to four public transportation buses at the city Maintenance Facility as
outlined in the staff report. Motion carried 5-0.
8.3 Independence Day Fireworks
Mr. Portner presented the staff report.
Mayor Dietz stated the funds from the previous fireworks committee totaled
approximately$1800. He stated he received a citizen request to move the fireworks
display to Lake Orono, but after discussing the citizen request with the police chief,
Mayor Dietz was not in support of moving the fireworks to Lake Orono for 2014
due to time constraints and added costs of providing police support services, and
asked that it be considered for 2015. Mayor Dietz stated he would be writing a letter
to the editor of the Star News appealing to the public to assist the city in raising
approximately $4,000 needed to support this event.
Councilmember Motin asked if there had been any additional advertising of the
fireworks event other than what was already out there, noting any advertising already
in place announcing the location is a good reason to keep the event at Lions Park to
avoid confusion.
Mr. Portner stated the event had already been published in the Community Guide,
the Community Ed catalog. He stated any additional advertising can be geared
towards making it a local event, not a regional event.
Councilmember Motin asked if there would be signage in place to guide attendees to
Lions Park.
Mr. Portner stated staff had not planned for any additional signage.
Councilmember Wilson expressed concerns with the number of portable toilets
available for the public,recalling a main complaint from last year's event was the lack
of portable toilets.
Mr. Portner stated the current plan called for 3 portable toilets,noting additional
funds could be used for more toilets since a building attendant wouldn't be staffed at
Lions Park Center.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve an expenditure of budgeted city funds for the purpose of
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June 2,2014
purchasing fireworks for the annual Independence Day event. Motion carried
5-0.
8.4 Mscuss Work Session Otems
Mr. Portner presented the staff report.
9. Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
Mayor Dietz asked the Council for input regarding new board and commission
members and having staff provide orientation and training after being appointed. He
felt giving them some guidance would be helpful and asked for suggestions.
Councilmember Westgaard felt if new commission members were assigned to
shadow another member,it may provide a better experience and guidance than a
formal overall training.
Mayor Dietz requested staff hold a training session for all new commission
members.
Councilmembers Westgaard and Wilson felt it would be helpful to provide some
orientation and would probably attract and retain more interested members.
Mayor Dietz asked for staffs input orientating newly appointed commission
members.
Councilmember Motin felt basic,barebones training could be provided before
appointments begin.
Council recessed at 7:49 p.m.in order to go into a worksession meeting.The meeting
reconvened at 7:52 p.m.
10.1 Planning Commission aPterrvoews and Appointment
Council interviewed two applicants for planning commission. One appointment
terms was set to expire on February 28, 2015, and the other appointment term was
set to expire on February 28, 2017.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to appoint Andrew Crook to the Planning Commission with term set
to expire February 28,2015, and appoint Thomas Petschl to the Planning
Commission with term set to expire February 28,2017. Motion carried 5-0.
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IL Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:57 p.m.
Minutes prepared by Jennifer Johnson.
J44 J. ietz Ma r
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Tina Allard, City Clerk
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