12-15-2014 CCMCity of
EE 1 ,_'may Meeting of the Elk River City Council
er Held at the Elk River City Hal9
Monday, December 15, 20l4
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt, Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Police Chief Bradley Rolfe,
Community Operations and Development Director Suzanne Fischer,
Parks and Recreation Director Michael Hecker, ERMU Director of
Operations Troy Adams, Finance Director Tim Simon, City Engineer
Justin Femrte, Planner Zachary Carlton, City Attorney Peter Beck,
and Executive Secretary /Deputy City Clerk Jessica Miller
1, Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:47 p.m. by Mayor Dietz,
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 12 /15/2014 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the December 15, 2014, agenda. 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 December 1, 2014, regular minutes.
4.2 Check register as outlined in the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Annual license renewals as outlined in the staff report.
4.5 Phone system replacement as outlined in the staff report.
4.6 Ordinance 14- 19 amending Section 3$ -193, Exceptions to Massage
Therapy Licensing allowing for massage externships.
4.7 Building maintenance technician position description.
4.8 Position layoff and severance as outlined in the staff report.
4.9 Resolution 14 -76 supporting and agreeing to maintain a trail segment
along TH10 from Orono Park to Proctor Road.
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December 15, 2014
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4.10 Hire Miles Seppelt as economic development director to begin January
5, 2015.
4.11 Accept bid from Custom Fire Apparatus, Inc. in the amount of
$229,392 for the refurbishment of Ladder 1, with a contingency of
$5,500.
4.12 Resolution 14 -77 acknowledging contributions to the Fire Department.
4.13 Resolution 14 -78 adopting the 2015 Compensation Plan for non -
organized employees.
4.14 Resolution 14 -79 amending the Ice Arena Commission meeting dates
eliminating the January and November meetings and changing the
April and August meetings from the second Tuesday to the third
Tuesday.
4.15 Resolution 14 -80 approving acceptance of a donation of real property
(Houlton property).
Motion carried 5 -0.
S. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month - Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to Patti Hetrick, Volunteer of
the Month for December. He noted the following volunteering accomplishments:
• Member Sherburne County United Way
• Women's Leadership Council
• Classroom volunteer Elk River schools
• Special Education Advisory Board
• Independence Day Committee
• Confirmation leader at Central Lutheran Church
6.2 Northstar Corridor Development Authority Certificate of Recognition
- Councilmember Motin
Leigh Lenzmeier, Chair of the Northstar Corridor Development Authority Board,
presented Councilmember Motin with a certificate of appreciation for his service on
the Board.
Mr. Lenzmeier provided a brief update on Northstar ridership for November.
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December 15, 2014
6.3 Councilmember Recognition
Mayor Dietz, along with Councilmembers Westgaard and Burandt, thanked
Councilmembers Motin and Wilson for their service on the Council. Mayor Dietz
presented plaques to both outgoing Councilmembers.
Mr. Portner also thanked Councilmembers Motin and Wilson for their service.
7.1 Clark Addition (Platting of Outlot in Fox Haven Addition)
• Preliminary Plat
• Final 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.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the preliminary plat. Motion carried 5 -0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to adopt resolution 14 -81 granting final plat with the following
conditions:
1. The portion of property, as shown on Exhibit A, shall be dedicated to the
city for right -of -way purposes.
2. Two trees shall be planted in the front yard as indicated in Section 30 -934.
3. Park dedication shall be paid for one (1) dwelling unit at the rate
applicable at the time the lot split is released for recording.
4. Access restriction shall be placed along 185`x' Avenue.
5. Services to the properties north of Lot 1, Block 1, Clark Addition shall not
be allowed through Lot 1, Block 1, Clark Addition.
6. Failure of the subdivider to submit the final plat within one year, unless a
written request for extension has been submitted and for good cause
granted by the council, shall cause the preliminary plat to become null
and void. However, the subdivider may continue to final plat a phase of
the approved preliminary plat within one year of each phase in order to
extend valid approval of the preliminary plat
Motion carried 5 -0.
7.2 Minimum Lot Depth Reduction and a Lot Split for 19375 Oxford
Street
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
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Kendra Lindahl, 19358 Norfolk Street NW — spoke in opposition of the variance
because she does not feel that the request is consistent with the Comprehensive
Plan.
Reg Powell, representing property owner — explained he understands the
neighboring property owners prefer a vacant lot but stated the owners have a right to
enhance their property.
Ted Lindahl, 19358 Norfolk Street NW — stated he is opposed to the variance and
expressed concern over setting precedent for fixture lot splits.
Ryan Schneider, 12104 Highland Road — indicated he recently purchased his home
because of the large lots and mature trees and is opposed to this request.
Bob Olson, 19337 Norfolk Street — stated he believes property values would drop if
the request is approved.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Councilmember Motin indicated he understands how the neighborhood feels but the
property owner has a good argument for why the request should be approved.
Councilmember Westgaard stated he believes the Board of Appeal made the correct
decision when they denied the request as he doesn't believe the applicant meets
criteria 4 or 5. Councilmember Wilson and Mayor Dietz concurred.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson for staff to prepare a resolution of denial for the request for a variance
at 19375 Oxford Street which would allow two parcels below the minimum lot
depth of 130 feet in the R -1c Single Family Residential District. (Case Nos. V
14 -02 & LS 14 -05) Motion carried 5 -0.
Mr. Carlton noted the lot split application will be addressed in the resolution for
denial.
7.3 Stonesthrow Properties, LLC )(Cc nptauner) Tf �= Abatement and
MicroDoan iRevuew
N1r. Barnhart 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.
7.4 Official Map, Lot 4, flock i , Mi ssussippo dodge Second Ad&toon
Mr. Barnhart presented the staff report.
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December 15, 2014
Mayor Dietz opened the public hearing.
Tom Lucas, 17115 Yale Street — expressed his opposition for having a road impact
the pond near his property. Staff advised Mr. Lucas that based on the information at
this time the pond is not proposed to be impacted.
Waiter Cleath, 17241 Yale Street — stated concern over the impact the road will
have on the pond near his property. He also outlined parking concerns. Mayor Dietz
asked planning or police staff to check into.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to adopt ordinance 14 -20 relating to official maps and adopting an
official map. Motion carried 5 -0.
7.5 Ordinance Amendment: Modifying Setback Requirements for
Agricultural Animals
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.
This item will be added to a future work session.
7.6 Ordinance Amendment: Relating to Tap Rooms, Brewpubs,
Microbreweries, and Wineries
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Diet? continued the public hearing to January 20, 2015.
7.7 Ordinance Amendment. Rezoning of Focused Study Area
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
8.1 2015 — 2019 Capita8 Improvement Plan
Mr. Simon presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
approve the 2015 — 2019 Capital Improvement Plan, Motion carried 5 -0.
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8.2 2014 Budget Amendments
Mr. Simon presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the 2014 budget amendments. Motion carried 5 -0.
8.3 Stormwater Utility Fee Program Implementation
Mr. Femrite presented the staff report.
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Moved by Councilmcmber Westgaard and seconded by Councilmember
Wilson to adopt ordinance 14 -21 establishing a Stormwater utility. Motion
carried 5 -0.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to adopt resolution 14 -82 authorizing a transfer from the Surface
Water Management Fund to the Stormwater Utility Fund. Motion carried 5 -0.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to adopt ordinance 14 -22 amending the 2015 Master Fee Schedule
to include stormwater utility fees. Motion carried 5 -0.
8.4 HRA and Library Board Appointments
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the Mayoral appointments as outlined in the staff report.
Motion carried 5 -0.
8.5 Police Chief Job Description and Recruitment
Mr. Portner presented the staff report. He explained his intention to meet with
Police Department staff as part of this recruitment process.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the police chief job description as outlined in the staff
report. Motion carried 5 -0.
The Council discussed recruitment for the new chief:
Councilmember Westgaard stated he would like to open the recruitment externally to
test the market. He explained that if the best candidate is internal they will rise to the
top.
Councilmember Motin disagreed explaining he believes we have a good force and
good internal candidates. Councilmembers Wilson and Burandt concurred. Mayor
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Dietz also agreed adding the promotion of an internal candidate would make for a
quicker and smoother process.
Chief Rolfe strongly encouraged an internal promotion process for the next chief.
He explained the ERPD has a history of promoting from within and it has worked
well. He added promoting from within provides for as close to a seamless transition
as possible.
Mr. Portner stated he has not met with either police captain to gauge interest.
Interested candidates will be interviewed by a committee consisting of internal staff
and possibly Sheriff Brott prior to Council interviews.
Council recessed into work session at 8:29 p.m. A cake reception was held for outgoing
Councilmembers Motin and Wilson. The meeting reconvened at 8:39 p.m. .
Chair Johnson called the meeting of the Planning Commission to order at 8:39 p.m.
9. B Gravel Mining Land Use Discussuon
Mr. Barnhart presented the staff report.
Kelsey Johnson, WSB and Associates — presented a PowerPoint outlining land use
scenarios for the gravel mining area. Ms. Johnson asked the Planning Commission
and City Council for their preferred options.
Commissioners Keller, Jeremy Johnson, and Eric Johnson preferred Option #3.
Commissioner Petschl liked Option #2 as he prefers the highway business.
Commissioner Konietzko concurred adding that he believes the residential above the
commercial is a nice mix.
Councihnember Morin preferred Option #3 adding that Option #2 has too much
residential.
Mayor Dietz questioned if there is space for a major athletic field. Mr. Barnhart
explained there is and noted the possibility of a joint effort.
Ms. Johnson noted that based on feedback she received from the mining companies,
some plan to be finished mining within five years and some intend to mine for many
more years.
Councilmember Wilson stated he likes the flexibility in Option #3 because we have
no idea what the market will be like when the area is developed. Councilmember
Westgaard concurred adding he likes residential in the southwest portion as a buffer
to the parks.
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Ms. Johnson confirmed the consensus of the group is to move forward with Option
#3. She asked the Council and Planning Commission to let her know if they have
additional comments. Ms. Johnson stated the transportation and utility plans will be
developed through January with the final plan coming before the Planning
Commission in February.
10. Ad ournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:35 p.m.
Wnjes pared by Jessica Miller.
tz ayor
Tin a Allard, City Clerk
P 0 f E 0 E 8 d T
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