4.1. DRAFT MINUTES 04-06-2015
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, March 16, 2015
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Jeremy Barnhart, Community and
Operations Development Director Suzanne Fischer, Finance
Director Tim Simon, Planner I Zach Carlton, City Attorney Peter
Beck, and Recording Secretary Jennifer Johnson
Also Present: Planning Chair Eric Johnson, Planning Commissioners Mark
Konietzko, Brad Thiel, Jill Larson-Vito, Andrew Crook
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 6:26 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 03/16/2015 Agenda
Mayor Dietz removed Item 4.11 from the consent agenda and requested it be heard
at the beginning of General Business. He also requested an additional item be
considered for approval by adding check number 91515 to the check register for
payment to Kromer Co. LLC for $29,555.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the March 16, 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 March 2, 2015, regular minutes.
4.2 Check Register, check numbers 9792 and 9795 and 90924-91510 as
outlined in the staff report, with the addition of check number 91515 for
Kromer Co. LLC, in the amount of $29,555.00 as outlined in the
handout.
City Council Minutes Page 2
March 16, 2015
-----------------------------
4.3 Pay estimates as outlined in the staff report.
4.4 Resolution 15-13 approving plans and specifications and ordering the
advertisement for bids in the matter of the 2015 Street Improvement
project as outlined in the staff report.
4.5 Plans and specifications and ordering the advertisement for bids in the
matter of the Eastern Area Trail and Mobility project as outlined in the
staff report.
4.6 2015 Seal Coat Plans and authorize advertisement for bids as outlined
in the staff report.
4.7 On-Sale and Sunday Liquor Licenses for HC Hajime Restaurant, Inc.
DBA Hajime Sushi Restaurant valid until June 30, 2015.
4.8 Appoint Garrett Christianson as Planning Commission member
effective immediately until February 28, 2017.
4.9 Temporary Sales/Storage of Fireworks license to TNT Fireworks to
sell fireworks June 21, 2015, through July 6, 2015, with the following
condition:
Inspection of the outside area will take place prior to the tent
opening for sales. The applicant is responsible for contacting
the fire marshal at 763.635.1110 or 763.238.3489 for an inspection
after the tent area has been set up.
4.10 Retail Sales/Storage of Fireworks license to Jerry’s Enterprises dba
Cub Foods valid until June 30, 2016, with the following conditions:
1) Two (2) fire extinguishers must be placed near the area of the
fireworks display. One (1) extinguisher must be a water-based
pressurized extinguisher.
2) The Fire Department must conduct an inspection of the
fireworks display prior to fireworks sales. Applicant is
responsible for contacting the fire marshal for an inspection at
763.635.1110 after the fireworks display is set up.
4.12 Request for Proposal for Custodial Cleaning Services in the amount of
$124,524 from Perfection Plus for cleaning services as outlined in the
staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 Elk River Library Annual Report
Branch Manager William Hollerich presented the library annual report.
Mayor Dietz asked questions about the condition of the building and maintenance
concerns, and the public meeting policy and having library staff make reservations
and take payment for such reservations.
City Council Minutes Page 3
March 16, 2015
-----------------------------
Mr. Hollerich stated the building is showing its age and continues to require
maintenance. He stated staff continues to make reservations and take payment for
such reservations, but noted an adjustment was requested to modify the current
Great River Regional Library (GRRL) policy, which states library staff is not allowed
to handle monies not intended for GRRL.
6.2 Oath of Office, Captain Darren McKernan
Mayor Dietz administered the oath of office.
7.1 Ordinance Amendment: Modifying Setback Requirements for
Agricultural Animals
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one present, he closed the
public hearing.
Moved by Councilmember Burandt and seconded by Councilmember Wagner
to approve Ordinance Amendment #15-10 modifying the setback
requirements for agricultural animals as outlined in the staff report.
Motion carried 5-0.
7.2 Easement Vacation: Darin/Sandra Crapser
Mr. Carlton stated the applicant withdrew their request for an easement vacation.
7.3 Interim Use Permit: Gustafson Trailers for Trailer Sales and Repair
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.
Mayor Dietz stated he thought the business was already currently operating.
Mr. Carlton stated the applicant opened the business and began operating it without
being aware of the ordinance requiring a conditional use or interim use permit, but
one he was aware, contacted the city to start the application process.
Councilmember Wagner asked why the business used portable toilets for their
employees and customers.
Mr. Carlton stated this practice is generally not supported and noted the current
sewer and water system on the property was not hooked up due to prior vandalism.
City Council Minutes Page 4
March 16, 2015
-----------------------------
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to deny the conditional use permit for Gustafson Trailers based upon
the following reasons:
1.The project is not consistent with the comprehensive plan. The subject
property has an underlying Land Use of High Density
Housing/Riverfront Amenity (The Point) as defined in the adopted
Comprehensive Plan and the Focused Area Study (FAST). The uses here
would include residential product from townhomes to apartments and
uses that embrace the river.
2.A non-conforming land use could impede the normal and orderly
development of the surrounding vacant properties.
3.The project is not adequately served by the available city water and sewer
services.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the interim use permit for Gustafson Trailers with the
following conditions:
1.The Interim Use Permit shall expire on May 1, 2015.
2.If an extension is needed beyond the May 1, 2015 date, the applicant shall
apply for a full Conditional Use Permit.
3.The Interim 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.
4.The building shall meet all building and fire codes.
5.The Fire Chief and Building Official shall verify all required safety
features are in place to preserve the health and safety of the occupants in
the permanent building and the temporary office space.
6.The applicant must apply for and receive approval of all required sign
permits before signage may be installed.
7.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
footcandle in or within 25 feet of a dwelling or by more than 0.5 footcandle
on any part of the property.
8.No more than 40 trailers shall be parked on site at one time.
9.No more than 10 for sale/lease vehicles shall be on site at one time.
10.Any expansion of the trailer business, or an additional use of the
remaining 20,200 square feet will require an amendment to the Interim
Use Permit.
Motion carried 5-0.
7.4 Conditional Use Permit: Academy Elk River to Operate a Commercial
Recreational Facility in the I-1 Zoning District
City Council Minutes Page 5
March 16, 2015
-----------------------------
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 the Conditional Use Permit (CUP) for Academy Elk River to
operate a commercial recreational facility in the I-1 Zoning district with the
following conditions:
1.As a CUP is not a building permit, the applicant shall apply for all
required permits.
2.Fitness/martial arts class sizes shall not exceed 80 students.
Motion carried 5-0.
7.5 Conditional Use Permit: Duffy Development to Amend Approved Site
Plan to Include One Additional Dwelling Unit in the Coachman Ridge
of Elk River Apartment Building
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 Wagner and seconded by Councilmember
Westgaard to approve the Conditional Use Permit (CUP) for Duffy
Development to amend the approved site plan to include one additional
dwelling unit in the Coachman Ridge of Elk River Apartment Building with
the following condition:
Park Dedication shall be paid for one dwelling unit at the rate applicable
when the CUP is recorded. Current rate for residential is $3,712 per
dwelling unit.
Motion carried 5-0.
4.11 Final Plat: Benzinger Properties, Inc. for Prestigious Woodland Hills
Third Addition
Mr. Carlton presented the staff report. He distributed a resolution for consideration.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 15-14 approving the final plat for Prestigious
Woodland Hills Third Addition with the following conditions:
City Council Minutes Page 6
March 16, 2015
-----------------------------
1.A development agreement be prepared and executed outlining the terms
and conditions of the plat approval prior to releasing the plat for recording.
2.Surface Water Management Fee be paid in the amount required by the city
at the time of final plat prior to releasing the plat for recording (currently
$220/residential lot).
3.All comments in the letter from the city planner dated March 11, 2015, be
addressed and incorporated into the plans.
4.Street lights shall be installed as required by Elk River Municipal Utilities.
5.A Letter of Credit shall be provided to the city in the amount of 100% of the
costs of the public improvements.
6.Upon completing all of the improvements and having them accepted by
the city, a security or warranty in a form acceptable to the city engineer will
be secured.
7.A development plan shall be approved by the city engineer prior to the
issuance of building permits.
8.All mailboxes shall be clustered.
9.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 5-0.
8.1 Ordinance Amendment: Stormwater Management and Resolution for
Summary Publication of Ordinance
Mr. Wisner presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve Ordinance Amendment 15-10 amending the city code
provisions governing stormwater management as outlined in the staff report.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve Resolution #15-15 approving notice of summary
publication of Ordinance #15-10, an ordinance amending the city code
provisions governing stormwater management.
Motion carried 5-0.
8.2 Sale of Lot 1, Block 2, Natures Edge Business Center (Morrell)
Mr. Barnhart presented the staff report.
City Council Minutes Page 7
March 16, 2015
-----------------------------
Moved by Councilmember Olsen and seconded by Councilmember Burandt
to accept the purchase agreement received for the sale of Lot 1, Block 2,
Natures Edge Business Center (NEBC) by Scott Morrell LLC.
Motion carried 5-0.
8.3 Sale of Lots 1 and 2, Block 1, Natures Edge Business Center II (GATR)
Mr. Barnhart presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to accept the purchase agreement for the sale of Lots 1 and 2, Block 1,
Natures Edge Business Center II by GATR of Sauk Rapids.
Motion carried 5-0.
8.4 Sale of Lots 1 and 2, Block 2, Natures Edge Business Center
(Sportech)
Mr. Barnhart presented the staff report. He stated the EDA was supportive of
Sportech and their expansion plans in the city. He stated the EDA requested staff
work with the applicant in crafting a purchase agreement that would be a win-win
scenario for both the business and future development plans in the city. He stated
the EDA is not recommending acceptance of the purchase agreement as presented.
Mayor Dietz asked for the difference in the 2008 deal the city made with Sportech
and the proposal before them this evening.
Mr. Barnhart explained the differences between the two proposals. He stated the
EDA was very supportive in Sportech’s expansion plans but had concerns by
approving this and how it would hinder the EDA’s future development goals.
Councilmember Westgaard explained the EDA’s concerns about acquiring some sort
of repayment for the value of the land, noting those funds would be used for future
road and land development plans. He stated there was room for negotiation but this
particular business owner had been a very good asset to the city with a proven track
record. He stated the EDA unanimously wants to see the business stay in the city but
was aware of being mindful of the long term future for the ability to grow as a city.
Mayor Dietz stated he felt it imperative to keep this business in town and was
holding staff accountable in resolving this agreement to keep Sportech operating
their business in Elk River.
Councilmember Wagner reiterated the EDA’s desire to retain Sportech in the city.
The City Council recessed at 7:28 in order to go into a work session meeting. The meeting
reconvened at 7:33 p.m.
City Council Minutes Page 8
March 16, 2015
-----------------------------
9.1 Concept Review: Proposed Skeeter Boat Dealership on Saxon Motors
Site
Mr. Carlton and Mr. Barnhart presented the staff report.
After review, the council was in favor of the concept review and supportive of the
plans of this proposed redevelopment of 17354 Zane Street.
9.2 Presentation of Gravel Mining Plan
The Planning Commission called their special meeting to order at 7:46 p.m. by Chair
Johnson.
Mr. Barnhart presented the staff report. He introduced Breanne Rothstein,
Community Planner with WSB & Associates, who, along with Tony Hoppelman,
Transportation Engineer, provided a PowerPoint Presentation on the draft Gravel
Mining Study Area.
Chair Johnson adjourned the Planning Commission meeting at 8:15 p.m.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:15 p.m.
Minutes prepared by Jennifer Johnson.
___________________
John J. Dietz, Mayor
_____________________
Tina Allard, City Clerk