06-16-2014 CCM h of lk Meeting of the Elk River City Council
Wveomr Held at the Elk River City Hall
Monday, June 16, 2014
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt,Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Partner, Community Operations and
Development Director Suzanne Fischer,Assistant Finance Director
Lori Ziemer, Park Planner Chris Leeseberg, City Engineer Justin
Femrite, Economic Development Specialist Colleen Eddy, Parks and
Recreation Director Michael Hecker,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 6:25 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 06 /16/2014 Agenda
Mayor Dietz added train derailment discussion under other business.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the June 16, 2014, agenda as amended. Motion carried
5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the following consent agenda:
4.1 June 2, 2014, regular Council minutes.
4.2 Check register as outlined in the staff report.
4.3 Temporary sales/storage of fireworks license to Renaissance
Fireworks to sell fireworks June 20, 2014, through July 6, 2014, from a
tent in the Elk Park Center parking lot,with the following condition:
■ 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.
City Council Al nutes page 2
June 16,2014
4.4 Resolution 14-26 appointing election judges for the 2014 Primary and
General Elections.
4.5 Resolution 14-27 awarding the Wastewater Treatment Facility
Improvement project to Rice Lake Construction Group in the amount
of$16,525,200 and authorize execution of the contract.
4.6 Promote Matt Stevens to the position of wastewater treatment systems
chief operator effective June 17, 2014.
4.7 Resolution 14-28 authorizing a transfer from the Municipal Liquor
Fund to the Park Improvement Fund.
4.8 Pyrotechnic firework display license for RES Specialty Pyrotechnics to
conduct a pyrotechnic display from the Elk River High School football
field on July 4, 2014,with the following conditions:
1. Fire watch shall be established per direction of the fire marshal.
2. Applicant must contact the fire marshal at 763.238.3489 to
schedule pre-loading and post-loading inspections.
4.9 Hire Jacquel Nissen as economic development intern effective
June 23, 2014.
4.10 Annual renewal of On-Sale and Sunday liquor licenses for the
American Legion valid July 1, 2014, through June 30, 2015.
4.11 Resolution 14-29 approving plans and specifications and ordering
advertisement for bids in the matter of the Nature's Edge Business
Center, Phase II improvements.
4.12 Approve the updated Emergency Action Plan for the Lake Orono
Darn.
4.13 Temporary On-Sale Liquor License to the Elk River Lions Club for the
Sherburne County Fair,July 17, 2014, through July 20, 2014.
4.14 Approve the Petition,Waiver, and Agreement for payment and
assessment of costs association with the sewer and water connection at
12125 Highland Road.
Motion carried 5-0.
S. Open Forum
Fred McCoy, McCoy's Pub stated he is representing a group that would like to
explore the option of installing a dock/pier at Rivers Edge Park. If the Council is
interested in pursuing this, the group would like a staff contact to assist the group in
researching possibilities and requirements.
Councilmember Wilson added that the Mississippi River is designated as a Wild and
Scenic River and the restrictions may be different.
Council consensus is for Parks and Recreation Director Michael Hecker to meet with
the group.
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June 16,2014
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6.1 City of Elk River Volunteer of the Month — Mayor [Metz
Mayor Dietz introduced, read, and presented a plaque to Joan Frick,Volunteer of
the Month for June. He noted the following volunteering accomplishments:
• Elk River Library
• United Way
• Elk River Activity Center
• Zabee and Little Theaters
• Arena craft sales,ArtSoup,and Sherburne Wildlife Refuge
• City Hall scanning documents
• Friends of Library member for 25 years, officer for 20 years. Has run semi-
annual book sale for approximately 20 years.
6.2 (resolution Acknowledging Tree Donation from Midwest Landscapes
Mr. Hecker presented the staff report.
Moved by Councilmembe:r Wilson and seconded by Councilmember
Westgaard to adopt Resolution 14-30 acknowledging the tree donation from
Midwest Landscapes. Motion carried 5-0.
The Council expressed their appreciation for the donation.
7.1 20l3 National Pollutant Discharge Elimination System Annual Permit
Update
Mr. Femrite presented the staff report. He stated the Council is asked to receive
comments on the city storm water program and that no other action is required at
this time.
Shawn Tracy, HDR Engineering—provided an update on 2013 and 2014 NPDES
permit activities.
Mayor Dietz opened the public hearing. 'There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
7.2 Conditional Use Permit: Julianne Will Home Occupation at 11508
190" Lane
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Sharon Rush, 11490 190`h Lane NW—is opposed to the Conditional Use Permit.
She stated the increased traffic from the business has affected her sleep. She
explained she doesn't believe a residential neighborhood is the appropriate place for
porERtt eY
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June 16,2014
a business and she would like to see the business relocated to a more appropriate
location. She indicated she wouldn't be opposed to an interim use permit with a firm
sunset date providing Ms. Will a couple months to relocate her business. Ms. Rush
also expressed concerns with Ms. Will having a garage sale last weekend.
Ron Maas,Julie's father--stated that there is the potential for traffic and car doors
to disrupt the neighbor's sleep even without a business next door. He explained he
believes the goodness of the operation outweights the negative.
Julie Will, applicant—explained she would like a Conditional Use Permit to
continue her clothing exchange. She stated she is looking for a location but is seeking
donations since she doesn't make any money in the clothing exchange. In response
to Ms. Rush's concerns about the garage sale,Ms.Will stated that her and a friend
held a garage sale over the weekend selling their personal items as a fundraiser for
the clothing exchange.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
Councilmember Westgaard questioned if Ms. Will is familiar with the proposed
condition restricting her hours. Ms. Will stated yes, the hours listed as her current
hours of operation.
Councilmember Westgaard questioned how many neighbors spoke in opposition at
the Planning Commission public hearing. Mr. Leeseberg stated a few residents
expressed concerns with increased traffic and safety but did mention they noticed a
significant drop in the traffic after the applicant began operating by appointment
only. He noted that Ms. Rush also spoke at the Planning Commission hearing
indicating her preference for parking to be limited to the street as the car doors
shutting on the driveway are loud in her bedroom window. He stated Ms. Rush also
suggested an interim use permit at that time but the applicant was not interested.
Councilmember Westgaard stated he understands Ms. Rush's concerns about
entitlement of her home but Ms. Will is also entitiled to use of her property. He
believes the applicant is working with neighbors to address their concerns and a
Conditional Use Permit is appropriate.
Councilmember Motin suggested adding a condition that restricts the Conditional
Use Permit to a clothing exchange operating under a 501 c3. He noted that he
believes any home occupation impacts neighbors to some degree and that at this
point this use isn't injurious to neighbors. Ms.Will was agreeable to the additional
condition.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the conditional use permit for Julianne Will to operate a
home occupation with the following conditions:
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June 15,2014
1. The Conditional Use Permit is not a building permit and the applicant
must apply for and receive approval of all required permits before
construction may begin.
2. No more than two (2) clients/appointments shall occur at one time.
3. Only one (1) vehicle per client/appointment shall be allowed.
4. No trailers shall be allowed by clothing exchange clients.
5. All clothing exchange clients must park on the subject property
driveway.
6. There shall be no outside storage of clothing exchange merchandise.
7. Clothing exchange merchandise shall not be visible from outside of
the subject property residence via screening or other methods.
8. Signage shall be limited to six (6) square feet.
9. The applicant must apply for and receive approval of all required sign
permits before signage may be installed.
10. Hours of operation shall be limited to:
■ Wednesday,Thursday, and Friday (11:00 a.m. - 4:30 p.m.)
■ Saturday and Sunday (11:00 a.m. -5:00 p.m.)
11. Use limited to clothing exchange operated by 501c3 organization.
Motion carried 5-0.
7.3 Conditional Use Permit: Brian Brehmer for Rental Business at
Ralphie's Victory Lane, 13374 Highway 10
Mt. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Brian Brehmer, applicant—stated he agrees with the conditions except for the
proposed trailer parking. He outlined his concerns with the proposed parking
configuration. He explained he would like to continue with the current parking
configuration that has been in place for approximately 15 years. Discussion was held
on parking options.
Debbie Rydberg—encouraged the Council to allow Mr. Brehmer to keep the 16
parking spaces noting that it does not make sense to ask a business that has been in
place for over 15 years to down size.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Moved by Councihnember Motin and seconded by Councilmember
Westgaard to approve the conditional use permit to Brian Brehmer for rental
business at Ralphie's Victory Lane with 16 parking spots (4 trailer stalls to the
west screened from the highway by five trees; 10 parking stalls on the
southern portion of the property, and 2 stalls on the eastern portion of the
property) with the following conditions:
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June 16,2014
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1. The Conditional Use Permit is not a building permit and the applicant
must apply for and receive approval of all required permits before
construction may begin.
2. The applicant must apply for and receive approval of all required sign
permits before signage may be installed.
3. No more than 16 rental vehicles and trailers shall be on site at any
given time as outlined in Exhibit A- Final.
4. No equipment other than trucks and trailers may be displayed.
5. Rental vehicles and trailers shall not exceed 26 feet in length.
6. No drive area may be obstructed.
7. Five (5) additional trees shall be installed by October 1, 2014.
S. Rental vehicle storage location stalls shall be striped.
Motion carried 5-0.
8.1 Resolution Authorizang the Bond Sale for Wastewater Treatment
Facility Improvement Bonds
Mr. Portner presented the staff report.
Terry Heaton, stated she is available to answer questions.
Moved by Councihnember Wilson and seconded by Councilmember
Westgaard to adopt Resolution 14-31 Providing for the Competitive
Negotiated Sale of$10,000,000 General Obligation Sewer Revenue Bonds,
Series 2014B. Motion carried 5-0.
8.2 Train Derailment
Mayor Dietz stated in lieu of the recent train derailment in Ramsey, he would like the
police and fire chief to attend a future televised meeting to explain what type of
emergency action plans Elk River has in place for this type of situation.
Councilmember Motin provided an update on the Region 7W Committee.
Council recesses at 7:28 p.m. in order to go into a worksession meeting. The meeting
reconvened at 7:35 p.m.
9.1 Pinewood) Golf Course
Mr. Portner and Mr. Scott provided background information and reviewed the 19
questions and responses as outlined on the handout.
Residents were given an opportunity to ask follow-up questions.
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One person questioned how much has been invested in Pinewood so far. Mr.
Portner replied approximately $1 trillion.
Some residents suggested the Council pay the Krauses what the city originally agreed
to and settle the lawsuit.
Councilmember Motin indicated he has been the most vocal on paying Mr. Krause
and keeping the golf course but he feels it is a good thing to renegotiate the balloon
payment as the Council has a duty to be good stewards of the city's finances. He
added that a decision has not been made to permanently close the golf course. It is
temporarily closed due to ongoing litigation a the request of the city's attorney.
One man asked Mayor Dietz if this is a personal vendetta to prove his point that the
city paid too much for the golf course. Mayor Dietz replied it is not his personal
vendetta. He explained he did not vote against purchasing the golf course because
it's a golf course,but because he felt the city was paying four times more than it was
worth.
Mr. Portner reiterated the city had an opportunity to renegotiate the final costs for
the course on behalf of all taxpapers and future operations of the course have not
been discussed at any point. He explained the city's intention was to operate the
course up until the point at which Mr. Krause amended his complaint requesting
damages and additional rent. He added that official minutes reflect the Council's
concern over the purchase price and profitability of the,golf course at the time of
purchase in 2006.
A resident questioned how the city intends to maintain the golf course during the
lawuit. Mr. Portner explained the golf course is being maintained to a level whereas
if a conclusion is reached in the lawsuit, the course could be put back together in a
relatively short amount of time. He added the golf course superintendent is still on
staff full-time.
Other residents expressed concerns with the closure of Pinewood. Residents didn't
feel there was a tweed for a new clubhouse. Other individuals stated they would
support an increase in fees and would be willing to volunteer to assist the city in the
operation of the golf course.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:03 p.m.
Minutes prepared by Jessica Miller.
ohn . Dietz, ayor
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June 16,2014
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Tina Allard, City Clerk
P O ERE I e T