08-18-2014 CCM City of
Elk Meeting of the Elk River City Council
fiver Held at the Elk River City Hall
Monday, August 18, 2014
Members Present. Mayor Dietz, Councilmembers Wilson, Burandt, Westgaard, and
Morin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Director Suzanne Fischer, Community Operations and
Development Deputy Director Manager.jeremy Barnhart,
Wastewater Treatment Chief Operator Matt Stevens, Finance
Director Tim. Simon, Police Chief Bradley Rolfe, Street
Superintendent Mark Thompson, parks and Recreation Director
Michael 1-Jecker, Recreation Manager Steve Benoit, Ice Arena
Manager Rich Czech, Park Planner Chris Leeseberg, Planner I Zack
Carlson, City Attorney Peter Beck, and I.,."xccutive Secretary/Deputy
City Clerk Jessica Miller
I Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Ulk River City Council
was called to order at 6:53 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 08 11812014 Agenda
The following changes were made:
* Item 8.2 Emergency Action plan Update was removed.
*
'Termination of Street Laborer Matthew Miske was added to the consent
agenda as item 4.8.
® Councilinernber Morin added item 8.4 Drug Task Force Detective approval.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the August 18, 2014, agenda as amended. 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 Check register as outlined in the staff report.
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August 18,2014
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4.2 Resolution 14-42 Amending Agreement 14-07 between the City of Elk
River and the Tri-County Action Program, Inc.
4.3 Bailey Point Nature Preserve parking lot as outlined in the staff report.
4.4 Special Event Permit for the Elk River High School Homecoming
Parade on Friday, September 19, 2014,with the following conditions:
1. The event planner is required to notify all property owners abutting
the parade route. The city will provide a template of the notice that
must be distributed. The city will also provide a list of the
properties to be notified. The event planner must submit an
affidavit that the notice was distributed.
2. Garbage clean-up shall be completed immediately following the
parade.
3. Signs shall be installed at the following locations no later than
September 12, 2014.
0 School Street 50-feet west of Freeport Street (alerting
westbound traffic)
0 School Street 100-feet cast of Proctor Avenue (alerting
eastbound traffic)
M Jackson Avenue at 7`b Street (alerting northbound traffic)
® Jackson Avenue at the north high school parking lot
entrance (alerting southbound traffic)
The signs shall state:
School Street Closed
4:00 p.m. —6.00 p.m.
Friday, Sept. 19
Parade
Upon completion of the parade, all signs shall be immediately
removed. The sign sheeting shall be orange with black lettering,
reflective, and mounted on a 30x30 aluminum plate. The signs shall
be mounted on a Type 3 barricade, or approved equal. The
barricades shall be secured with sandbags or tied to an existing
pole to prevent them from being removed or tipped over.
4. Police and reserve support will be provided for traffic control.
5. Candy may be handed out at the parade but is not allowed to be
thrown from moving objects.
4.5 Resolution 14-43 Rejecting Bids in the Matter of the Twin Lakes Road
Irrigation Project.
4.6 Call Special Meeting for 6:00 p.m., Monday, September 8, 2014.
4.7 Hire Aaron Surratt as Deputy Chief of Operations for the Fire
Department effective September 2, 2014.
4.8 Terminate Street Laborer Matthew Miskc due to performance issues.
Motion carried 4-1. Mayor Dietz opposed 4.8.
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August 18,2014
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S. Open Forum
Deneane Erickson, 19011 Pascal Street— stated she is representing the Pascal.
Street neighborhood regarding concerns about 19055 Pascal Street. Ms. Erickson
distributed a letter and outlined the criminal history of the home in the last 16
months. She explained the home is now abandoned with no running water, Septic, or
electric; however, there appears to be squatters at the property. She asked that the
city enforce the ordinances in place immediately to clean up this property.
Rudy Buttweiler, 106801184`ei Avenue— expressed concerns about crime in the
Trott Brook neighborhood. The Mayor asked Mr. Buttweiler to obtain addresses of
properties In question and provide that information to city staff.
6.1 City of Elk River Volunteer of the Month — Mayor Dietz
Mayor Dietz 'introduced, read, and presented a plaque to Norma Belanger, on behalf
of her late husband Tony Belanger, Volunteer of the Month for August. fie noted
Mr. Belanger was a 33 gear member of the American Legion post 112 Honor Guard
and participated nii many ceremonies in the community.
6.2 Resolution Acknowledging Contributions to Parks and Recreation for
Bailey Point Nature Preserve
Mr. Hecker presented the staff report. He stated a rek,ised resolution has been
distributed including a $5,000 contribution received today from John Baile),.
Moved by Councilmember Wilson and seconded by Councihnember
Westgaard to adopt resolution 14-44 acknowledging contributions to the
Parks and Recreation Department. Motion carried 5-0.
7.1 Conditional Use permit: Jenna Swedberg, Dawn of Discovery Daycare,
19280 Evans Street
Mr. Leeseberg 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
Wilson to approve a Conditional Use Permit to Jenna Swedberg, Dawn of
Discovery Daycare, 19280 Evans Street,with the following conditions:
1. The Conditional Use Permit 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 applicable building and fire codes.
3. Appropriate state licenses shall be maintained.
4. The facility shall not be licensed for more than 120 children.
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August 18,2014
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5. If the facility is to be licensed for more than 120 children, an amendment
to the Conditional Use Permit is required.
Motion carried 5-0.
7.2 Meadow Creek Builders
I. Conditional Use Permit: Planned Unit Development
2. Ordinance: Zone Change from R3 Townhouse/Multi Family
Resid'entiall to Planned Unit Development
3. Resolution: Easement Vacation for Kliever Lake Fiends East 4t'
Addition
4. Preliminary Plat and Resolution Granting Final Plat for Kliever
Lake Fields Sth Addition
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Tim Pomerleau, Meadow Creek Builders—disagreed with the condition requiring
him to repair the trail between 180" Lane and Johnsen Street. He believes repair of
the city's trail should be the city's responsibility.
Tbere being no one else to speak to this Issue, Mayor Dietz closed the public
hearing.
Councilmember Morin indicated he agrees repairing the trail should not be the
developer's responsibility and asked for that condition associated with the
Conditional t)se permit to be removed. Councilmember Westgaard concurred.
Moved by Counciftnember Morin and seconded by Councilmember
Westgaatd to approve a Conditional Use Permit to Meadow Creek Builders to
establish a Planned Unit Development with the following conditions:
1. Submittal of written confirmation that floor plans, building elevations, and
building materials are consistent with Kliever Lake Fields 4"Addition.
2. Submittal of an updated landscape plan addressing staffs comments in the
letter dated July 16, 2014.
3. A PUD agreement shall be developed and signed by both parties prior to
issuance of a building permit.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmembet
Wilson to adopt Ordinance 14-09 amending the City of Elk River Zoning Map
to rezone certain property from R3, Townhouse/Multiple Family Residential,
to PUD, Planned Unit Development.
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City Council Minutes Page, 5
August 18,2014
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councihnembcr
Motin to adopt Resolution 14-45 Vacating a Drainage and Utility Easement,
Case No. EV 14-01.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve a preliminary plat and adopting Resolution 14-46 granting
final plat approval for Kliever Lake Fields 5"Addition, Case No. P 14-07,with
the following conditions:
1. All necessary permits must be acquired before any work in the right-of-
way begins.
2. Extend the proposed drainage and utility agreements to a fine equal to the
backside of the existing townhome lots.
3. Prepare a homeowners association agreement per Section 30-944 for
review and approval by the city attorney.
4. Submit a maintenance agreement, for city approval, outlining ownership
and maintenance responsibilities for the common areas.
5. Plat outlots A & B as parcels with lot and block designations.
G. All mailboxes be clustered.
7. Any itern 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 Preliminary Plat of Nature's Edge Business Center Second Addition
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. I'liere being no one to speak to this issue,
Mayor Dietz continued the public hearing to the September 15, 2014, C'ity Council
meeting.
7.4 Conditional Use Permit: Starbucks to Amend Planned Unit
Development Agreement Signage, 19171 Freeport Street
Mr. Leesebm4 presented his staff report.
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City Council Minutes Page 6
August 18,2014
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to the September 2, 2014, City Council
triceting.
7.5 Preliminary Plat: Roger DerricktWashington Street Investors, LLC for
West Oaks Fifth and Sixth Additions
Mr. Leesebcrg,presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to the September 2, 2014, City Council
meeting.
8.1 Memorandum of Understanding for Landfill Leachate Treatment and
Biosolids Disposal
Mr. Stevens presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the Memorandum of Understanding with Waste
Management of Minnesota, Inc. detailing the steps necessary for treating
landfill leachate and disposing of biosolids.
Motion carried 5-0.
8.2 Emergency Action Plan Update
This item was removed because the fire chief was absent due to illness.
8.3 Resolution Relating to the Establishment of Parking Restrictions on
Industrial Circle
Mr. Portner indicated staff would like to explore acouple different options and bring
this item back at a future meeting.
8.4 Drug Task Force Detective
Councilmember Morin indicated the Council has discussed adding a Drug"Task.
Force detective at length and it appears there is consensus to move forward. He
explained that there is a need for this position and residents would like to know the
city is committed to hiring a detective.
Moved by Councihnember Motin to approve the Drug Task Force detective
position to be filled in 2015,
Councilrnember Westgaard explained that he doesn't disagree with anything
Councilrnember Morin outlined; however, he is hesitant about approving something
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City Counc-A Mimites Page 7
August 18,2014
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out of the budget without hearing a complete list of requests and budget figures. Ile
would like to discuss priorities and where the tax rate and general levy should be
before moving for�-vard. Councilmember Burandt and Wilson and Mayor Dietz
concurred they would like to wait.
Motion died for lack of a second.
Council recessed at 7:33.in order to go into worksession. Council reconvened at 7:44 p.m.
9.1 20 15 Budget
Mr. Simon presented the staff report. The Fir.e and Building Safety, Recreation,
Activity Center, and Ice Arena budgets were reviewed.
Council recessed at 8:41 p.m. Council reconvened at 8:44 p.m.
Mr. Sirnoti, stated the FInterprise Funds will be discussed oil September 8.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the E'lk
R.iverCitV Council at '9:10 p.m.
Minutes prepared by Jessica Miller,
#n31iet�zziyo-t
Tina Allard, City Clerk
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