09-15-2014 CCM City of
Ells - Meeting of the Elk {lover City Council
River Held at the Elk River City Hall
Monday, September 15, 2014
Members Present: Mayor Dietz, Councilmembers Burandt,Westgaard, and Motin
Members Absent: Councilmember Wilson
Staff Present: City Administrator Calvin Portner,Parks and Recreation Director
Michael Hecker, Finance Director Tim Simon, Planner Zack Carlton,
City Attorney Peter Beck, and Executive Secretary/Deputy City Clerk
Jessica Miller
6. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:11 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 09 11512014 Agenda
Purchase of a Vac-Con Truck for the Wastewater Treatment Facility was added as
item 4.9.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the September 15, 2014, agenda. Motion carried 4-0.
4. Consider Consent Agenda
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the following consent agenda:
4.1 September 2, 2014, Regular Council Minutes.
4.2 Check register as outlined in the staff report.
4.3 Massage therapist licenses for the following applicants to work at
Life's Retreat Massage and Spa, 570 Dodge Avenue NW,valid until
December 31,2014:
• Michele Cooper
• Betty Jo Kraft
• Cheryl Langston
• Virginia Proudfoot
4.4 Special event permit for the Thumbs Up High 5K on Saturday,
October 4, 2014, subject to the following conditions:
1. Applicant must obtain property owner permission for use of any
private property..
City Council Minutes Page 2
September 15,2014
2. The event planner is required to notify businesses, residents, and
organizations abutting the route. Downtown businesses must also
be notified of the parking lot closure. 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 notices were distributed.
3. Applicant must contact Police Captain Ron Nierenhausen
(763.635.1202) at least two weeks prior to event to arrange for police
reserves.
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. Applicant will be responsible for garbage clean-up immediately
following the event.
6. No paint allowed anywhere on route. Chalk or cones may be used
on the sidewalks only. Chalk must be cleaned up immediately
following the event.
7. Damage deposit of$250.00 is required for use of River's Edge
Commons Park and the lower level parking lot.
8. The lower seating area and stage can be used exclusively by the
group but the upper plaza must remain open to the public.
9. Closure of the lower level parking lot will be permitted from 7:00
a.m. to 6:00 p.m. Saturday, October 4, 2014. Parking lot must be
completely cleared prior to removal of the barricades.
10. Applicant is responsible for calling in locates to the power
company for any stakes put into the ground. Applicant must also
receive approval from the Parks and Recreation Department on
location of stakes. No stakes shall be pounded into the pavement
or anywhere in the parking lot.
11. Tents must meet applicable state and fire building code
requirements. Applicant is responsible for contacting the fire
marshal at 763.635.1110 to schedule an inspection of the tents prior
to use.
12. Applicant must provide enough portable toilet facilities through a
private contractor to accommodate the expected attendance.
13. Applicant is responsible for barricading alley and parking lot.
Emergency personnel access must remain open at all times,
therefore, nothing shall be stored or set-up in the alley.
4.5 Adopt Resolution 14-52 Accepting Bid and Authorizing Execution of
Contract in the Matter of the Natures Edge Business Center Phase II.
4.6 Massage Establishment and Therapist License for Misty Dawn
O'Brien, 200 5`h Street NW,valid until December 31, 2014.
4.7 Revised feasibility study for the future expansion of Yale Street from
Yale Court south 3,200-feet to a new proposed intersection with Trunk
Highway 10/169.
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September 15,2014
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4.8 Authorize staff to submit projects for consideration of funding by
MnDOT through their current Corridor of Commerce solicitation as
outlined in the staff report.
4.9 Purchase of Vac-Can Truck for Wastewater Treatment Facility as
outlined in the staff report.
Motion carried 4-0.
5. Open Forum
Senator Mary Kiffineyer stated she will carry legislation in 2015 for construction of
interchange improvements at Highway 10/169/101 in Elk River. She explained that
local support from city, county,businesses, and citizens can have a large impact on a
project being chosen for funding.
6.1 ISD #728 Superintendent Presentation
Dr. Mark Bezek, Superintendent of the Elk River Area Schools,presented
information on the November 4, 2014, bond and levy referendum.
6.2 City of Elk River Volunteer of the Month — Mayor Dietz
Mayor Dietz introduced,read, and presented a plaque to Mike Matter, general
manager of Zylstra Harley-Davidson,Volunteer of the Month for September. He
noted the following volunteering accomplishments:
• Sponsored and organized clean-up following the Elk River Independence
Day event.
Collected and donated to CAER.
' Supported and hosted numerous fundraising events.
■ Hosted Pray Elk River business roundtable.
• Worked with H.O.G. Chapter to clear fire hydrants in Elk River during the
winter and repaint in the summer.
6.3 Constitution Week Proclamation
Mayor Dietz read and presented the proclamation to Marilyn Schroeder,
representative of the Anoka Chapter of the Daughters of the American Revolution.
Moved by Councilmember Burandt and seconded by Councilmember
Westgaard to proclaim September 17 through 23,2014, as Constitution Week.
Motion carried 4-0.
Ms. Schroeder thanked the Council for their support and invited citizens to view
Constitution Week programming on tptZ
6.4 Resolution Accepting Donation for Rotary Bench Memorial at Bailey
Point Nature Preserve
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City Council Minutes Page 4
September 15,2014
Mr. Hecker presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to adopt Resolution 14-53 acknowledging the $3,500 donation from the
Elk River Rotary Club for the purchase and installation of two benches at
Bailey Point Nature Preserve. Motion carried 4-0.
7.1 Preliminary and Final Plat: Nature's Edge Business Center Second
Addition
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 preliminary plat for Natures Edge Business Center
Second Addition, Case No. P 14-05, subject to the following conditions:
1. Access control shall be deeded to MnDOT from Outlot A.
2. No additional drainage shall be routed to MnDOT right of way.
3. The development shall meet all applicable fire codes. The Fire Chief shaft
verify the location of all fire hydrants, and may require additional hydrants
necessary to preserve the health and safety of the residents.
4. A wetland buffer of 25 feet applies to all wetlands and a structure setback
of 20 feet from the buffer applies. An exhibit shall be prepared and
included in the literature provided to potential buyers.
5. Wetland boundaries shall be posted as directed in Section 30-1852
6. In addition to the easements shown on the preliminary plat, the following
easements shall be provided:
a) A 25-foot easement adjacent to the outside edge of delineated
wetlands to note, preserve and protect the required no-touch
buffer.
b) A 20-foot pedestrian easement adjacent to the 25-foot easement on
the outside edge of the delineated wetlands to provide for the
future construction of a pedestrian amenity.
7. A NPDES permit is required prior to final approval of construction
drawings.
8. Street trees shall be added along the trail on the east side of Twin Lakes
Road and along both sides of 168t' Lane, one tree per 40 feet.
9. Park Dedication shall be provided in the manner prescribed by the zoning
ordinance at the time of Final Plat release.
10. All required subdivision/park information shall be provided in an
electronic format (.dwg file) as required by the City Ordinance and Land
Use Application prior to recording of the plat.
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September 15,2014
11. This approval of the Preliminary Plat shall expire after 1 year, unless the
property owner or owner's agent has submitted a Final Plat or letter of
request for extension.
Motion carried 4-0.
Moved by Councilmember Westgaard and seconded by Councilmember Motin
to adopt Resolution 14-54 Granting Final Plat approval for Natures Edge
Business Center Second Addition, Case No. P 14-05, subject to the following
conditions:
1. Access control shall be deeded to MnDOT from Outlot A.
2. No additional drainage shall be routed to MnDOT right of way.
3. The development shall meet all applicable fire codes. The Fire Chief shall
verify the location of all fire hydrants, and may require additional hydrants
necessary to preserve the health and safety of the residents.
4. A wetland buffer of 25 feet applies to all wetlands and a structure setback of
20 feet from the buffer applies. An exhibit shall be prepared and included
in the literature provided to potential buyers.
5. Wetland boundaries shall be posted as directed in Section 30-1852
6. In addition to the easements shown on the preliminary plat, the following
easements shall be provided:
c) A 25-foot easement adjacent to the outside edge of delineated
wetlands to note, preserve and protect the required no-touch buffer.
d) A 20-foot pedestrian easement adjacent to the 25-foot easement on
the outside edge of the delineated wetlands to provide for the future
construction of a pedestrian amenity.
7. A NPDES permit is required prior to final approval of construction
drawings.
8. Street trees shall be added along the trail on the east side of Twin Lakes
Road and along both sides of 168`'' Lane, one tree per 40 feet.
9. Park Dedication shalI be provided in the manner prescribed by the zoning
ordinance at the time of Final Plat release.
10. All required subdivision/park information shall be provided in an'
electronic format (.dwg file) as required by the City Ordinance and Land
Use Application prior to recording of the plat.
11. This approval of the Preliminary Plat shall expire after 1 year, unless the
property owner or owner's agent has submitted a Final Plat or letter of
request for extension.
Motion carried 4-0.
7.2 Conditional Use Permit: Ralphie's Victory Lane for a Carwash in the
C-3 Zoning District
Mr. Carlton presented the staff report.
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September 15,2014
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Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Motin and seconded by Councilmember Burandt
to approve the Conditional Use Permit request by Brian Brehmer to operate a
carwash in the C-3 zoning district 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. Staff approval of a revised landscape plan prepared by a landscape
architect.
3. Staff approval of a revised site, drainage, and utility plan.
Motion carried 4-0.
8.1 2015 Budget
Mr. Simon presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to set the public comment budget meeting for 6:30 p.m. on Monday,
December 1, 2014. Motion carried 4-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt Resolution 14-55 Authorizing the Proposed Property Tax
Levy for Collection in 2015. Motion carried 4-0.
9. Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:10 p.m.
Minutes prepared by Jessica Miller.
Jo J. i�tz, a
a
Tina Allard, City Clerk
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