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4.1. DRAFT MINUTES (2 SETS) 03-02-2015 Closed Meeting of the Elk River City Council Held at Elk River City Hall Tuesday, February 17, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Westgaard, Burandt, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck (6:07 p.m), Jeremy Barnhat, and City Clerk Tina Allard Also Present: Attorney George Hoff 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 6:00 p.m. by Mayor Dietz. Moved by Councilmember Olsen and seconded by Mayor Dietz to close the Council meeting pursuant to MN Statute 13D.05, subdivision 3(b) for attorney-client privilege. Motion carried 5-0. 2. Closed Meeting The purpose of the closed meeting was to discuss litigation regarding Wapiti Park Campground pursuant to MN Statute 13D.05, subdivision 3(b), attorney-client privilege. 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 6:25 p.m. John J. Dietz, Mayor Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, February 17, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Westgaard, Burandt, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Community Operations and Development Deputy Director Jeremy Barnhart, Parks and Recreation Director Michael Hecker, Recreation Manager Steve Benoit, Community and Operations Development Director Suzanne Fischer, Finance Director Tim Simon, Planner I Zach Carlton, Environmental Coordinator Kristin Mroz, Park Planner Chris Leeseberg, City Attorney Peter Beck, various police staff, and City Clerk Tina Allard 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 02 /17/2015 Agenda Mayor Dietz added Volunteer of the Month to the agenda. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the February 17, 2015, agenda as amended. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 February 2, 2015, special minutes February 2, 2015, regular minutes February 2, 2015, closed minutes 4.2 Check Register, check numbers 9791 and 90567-90758 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. City Council Minutes Page 2 February 17, 2015 ----------------------------- 4.4 Massage therapist license to Shannon Duffy and Angela Dobel valid at Life’s Retreat Massage and Spa through December 31, 2015. 4.5 HRA Bylaw amendments as outlined in the staff report. 4.6 Hire Katie Haase as human resources technician effective February 23, 2015, as outlined in the staff report. 4.7 Resolution 15-07 supporting the job creation fund application in connection with Envision Company, dba Sportech. 4.8 Temporary on-sale liquor license to the Elk River Rotary Club for Taste of Elk River event scheduled May 14, 2015. 4.9 Resolution 15-08 acknowledging contributions ($50,000 donation from The Trust for Public Land) 4.10 Resolution 15-09 approving loan agreement (Distinctive Iron Project) Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 Oath of Office, Police Chief Mayor Dietz administered the oath of office. Ms. Nierenhausen and her daughter pinned star badges on the Chief’s collar. Chief Nierenhausen thanked his wife, daughter, friends, family, and staff for their support over the years. 6.2 Acknowledge Contribution by The Bank of Elk River Mr.Hecker presented the staff report. Mayor Dietz read the plaque. Bank representatives accepted the plaque from Council. Mr. John Babcock stated he looked forward to the upcoming year and appreciated the partnership with the city. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to adopt Resolution 15-10 acknowledging contributions from The Bank of Elk River. Motion carried 5-0. 6.3 City of Elk River Volunteer of the Month – Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Jan Aust, Volunteer of the Month for February. He noted the following volunteering accomplishments: City Council Minutes Page 3 February 17, 2015 -----------------------------  Auxiliary member and volunteer for Guardian Angels Care Center for over 40 years.  President of the Auxiliary for many years.  Headed up many committees and created ideas for fundraisers: holiday bazaar, cherry tree, scrapping book, new/used purse sale, silent auctions, and pie social.  Serving special breakfast for our residents.  Assistance at special events.  Bingo caller. 7.1 Conditional Use Permit: Aggregate Industries to Amend Existing Permit Hours of Operation, Case No. CU 13-09 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 Olsen to approve Conditional Use Permit, Case No. CU 15-02, with the following conditions: 1.The CUP is not a building permit and the applicant must apply for and receive approval of all required permits before construction may begin. 2.Submit technical specifications showing the sign complies with all requirements in Section 30-864 (e). Motion carried 5-0. 7.2 West Oaks Development, Washington Street Investors 1)Conditional Use Permit to Establish Planned Unit Development (PUD) 2)Ordinance for Zone Change 3)Preliminary and Final Plat 4)Easement Vacation Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing for these items. Kate Hansen, 14255 183rd Lane NW, Elk River – Asked for clarification of the easement vacation withdrawal. Staff stated the applicant withdrew the application for the easement vacation. City Council Minutes Page 4 February 17, 2015 ----------------------------- Kelly Barry, 14415 183rd Avenue, Big Lake - Stated the lot sizes are small and the development is high density. He expressed concerns with garage sizes, house values, and lack of basements in the homes. Mr. Carlton noted the density of this development is less than what the developer could propose and what would be allowed per city code. Mayor Dietz closed the public hearing. Council discussed private road regulations. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Conditional Use Permit, Case No. CU 15-03, to establish a Planned Unit Development for Washington Street Investors with the following conditions: 1.Submittal of an updated landscape plan addressing staff comments outlined in the memo to the Planning Commission dated January 27, 2015, and required landscaping per the Planning Commission recommendation. 2.Submittal of a list identifying the materials used for the exterior of the proposed buildings. 3.A PUD agreement shall be developed and signed by both the parties prior to issuance of a building permit Motion carried 4-1. Councilmember Olsen opposed. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Ordinance 15-05 amending City of Elk River zoning map to rezone certain property from R-3, Townhouse/Multiple Family Residential, to PUD, Planned Unit Development, Case No. ZC 15-01. Motion carried 4-1. Councilmember Olsen opposed. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Preliminary Plat and to adopt Resolution 15-11 granting Final Plat for West Oaks Sixth Addition, Case No. 15-02 with the following conditions: 1.All necessary permits must be acquired before any work in the right -of - way begins. 2.Submittal of an updated Preliminary Plat with corrected lot and block numbers. 3.Approval of an updated wetland delineation report. A Final Plat for parcels west of Yankton Street will not be released until staff approves the report. 4.All mailboxes be clustered. 5.Prepare a Homeowners Association Agreement per Section 30 -944 for review and approval by the City Attorney. City Council Minutes Page 5 February 17, 2015 ----------------------------- 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. Motion carried 4-1. Councilmember Olsen opposed. 7.3 B & D Holdings: Easement Vacation at 9712 Highway 10 Staff noted this item was withdrawn by the applicant. 7.4 Conditional Use Permit, Distinctive Iron for Outdoor Storage at 19128 Industrial Blvd 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 Olsen to approve Conditional Use Permit, Case No. CU 15-01 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 building and fire codes. 3.The applicant must apply for and receive approval of all required sign permits before signage may be installed. 4.All comments of the city park planner/planners comment letter dated January 22, 2015 shall be addressed. 5.The outdoor storage area shall be completely enclosed with a six foot tall privacy fence. 6.There shall be no storage of any materials and/or products on the property outside of the outdoor storage area. 7.Materials shall not be stacked higher than six (6) feet in the outdoor storage area. 8.If the outdoor storage area is to be increased more than 20,000 square feet, an amendment to the conditional use permit shall be required. 9.All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 foot- candle in or within 25 feet of a dwelling or by more than 0.5 foot-candle on any part of the property. Motion carried 5-0. City Council Minutes Page 6 February 17, 2015 ----------------------------- 7.5 Ordinance Amendment: Subsurface Sewage Treatment System Ms. Mroz presented the staf report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Attorney Beck noted the city is incorporating the Sherburne County ordinance into city code. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt the following ordinances: Ordinance 15-06 amending Sections, 30-1, “Definitions,” 30-1934, “On-site sewage treatment and water supply systems,” 30-2028, “Water supply and sewage treatment,” 30-2042, “Planned unit developments,” and 30-2138, “Water supply and sewage treatment” of the City of Elk River, Minnesota, City Code, to incorporate the Sherburne County Subsurface Sewage Treatment System Program Ordinance 15-07 amending Section, 78-1, “Finding of public health and safety hazard,” 78-101, “Private sewage disposal systems,” and 78-125, “Filling of unused septic tanks and similar devices” of the City of Elk River, Minnesota, City Code, to incorporate the Sherburne County Subsurface Sewage Treatment System Program Motion carried 5-0. 7.6 Amendments to the 2015 Master Fee Schedule Ms. Allard 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 Wagner to adopt Ordinance 15-08 amending the 2015 Master Fee Schedule in include new liquor license fees and changes to other miscellaneous fees, of the City of Elk River Minnesota, City Code. Motion carried 5-0. 8.1 Single Family Housing Definition Mr. Leeseberg presented the staff report. He noted current ordinance is based on how a structure functions and not who is using it. City Council Minutes Page 7 February 17, 2015 ----------------------------- Various possible scenarios were discussed by Council such as how to handle family units, elderly/disability care, profit versus non-profit, possible loopholes, etc. Attorney Beck stated this is a common issue arising in other communities. He also noted our current ordinance is very typical to other city ordinances. Council directed staff to review other city ordinances and evaluate possible changes to the definition. 8.2 Wayfinding Program Ms. Gardner presented the staff report. Mayor Dietz and Councilmembers Olsen and Burandt preferred Option B. Councilmember Westgaard stated Option B is a happy medium between the two designs. Councilmember Wagner preferred Option C because it would be easier to read and the logos are easy to see, which would be the goal of the signage, but to keep the plan moving forward she could accept Option B. Moved by Council Westgaard and seconded by Councilmember Burandt to select Option B as the wayfinding entrance sign designs. Motion carried 5-0. ------------------------------------------------------------- Mayor Dietz stated that due to the City of New Hope Council shooting incident, the city should review security for the Council Chambers and meetings held in the room. Council recessed at 7:28 p.m. in order to go into worksession. Council reconvened at 7:34 p.m. 9.1 Determination of Billable Flow, Loading, and User Charge Ms. Fischer presented the staff report. She noted individuals would have to purchase their own deduct meter. Council consensus was to move forward with the recommended revisions to the ordinance. 9.2 Visioning Mr. Barnhart continued the visioning discussion from a previous meeting. Some questions were about quality of life and character of Elk River. City Council Minutes Page 8 February 17, 2015 ----------------------------- Mr. Barnhart questioned the Council as to why they chose to live in Elk River. Council provided the following comments:  School system Highway access  Business/work Housing affordability  Proximity to family Business environment  Sports Shop locally  Recreational opportunities City and country feel  Small town feel but with Physical activity for all metro amenities nearby ages Some frustrations discussed:  Bike trail connections More dining options Mr. Barnhart questioned the Council about the identity of Elk River. Council provided the following comments:  Sense of community Art (should be built upon/funding) Location   outer ring suburb in north Recreational opportunities metro  Schools  Signature parks such as  History (should be built Woodland Trails, River upon)first atomic reactor Edge, and Hillside back in 60's  Sports/hockey Mr. Barnhart questioned Council as to how Elk River is different from its neighbors.  Beautification better in Elk People from larger River (Hwy 10) communities like/expect the services Elk River Highway lighting better provides  Offer more services have  Emerging versus growth control over them city. Pre-planning/manage destiny Mr. Barnhart questioned what three goals Council would like to see completed by the end of 2015.  Maintain family closeness/life cycle housing  Long-term planning of maintenance /funding of goals 10. Adjournment City Council Minutes Page 9 February 17, 2015 ----------------------------- There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:27 p.m. ___________________ John J. Dietz, Mayor Tina Allard, City Clerk