4.1. DRAFT MINUTES 06-01-2015 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, May 18, 2015
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, Recreation Manager Steve Benoit, Finance Director
Tim Simon, Planner I Zack Carlton, Park Planner Chris Leeseberg,
Police Chief Ron Nierenhausen, City Attorney Peter Beck, Economic
Development Director Amanda Othoudt, Economic Development
Assistant Colleen Eddy,and Executive Secretary/Deputy City Clerk
Jessica Miller
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:27 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 05 /18/2015 Agenda
Public Art Installation Agreement was added as item 4.13.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the May 18, 2015, agenda as amended. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the following consent agenda:
4.1 May 4, 2015, regular minutes.
4.2 Check register, check numbers 9802 and 92038-92222 as outlined in the
staff report.
4.3 Pay estimate as outlined in the staff report.
4.4 Resolution 15-20 amending agreement 14-07 with Tri-County Action
Program, Inc.
4.5 Purchase of Drug Task Force vehicle as outlined in the staff report.
4.6 Peddler license to Faysal Hasan, Blaine Anoka Ice Cream truck valid
through December 31, 2015.
City Council Minutes Page 2
May 18,2015
4.7 Joint Powers Agreement for the purpose of adding an officer from the
Elk River Police Department to the Sherburne County Drug Task
Force.
4.8 Ordinance 15-11 amending Section 6-94 of the City Code regarding the
sales of alcoholic beverages.
4.9 Hire Jim Lebrun as Building Maintenance Technician effective May
19, 2015.
4.10. Pyrotechnic fireworks display license for RES Specialty Pyrotechnics
to conduct a pyrotechnic display from the Elk River High School
football field on July 4, 2015, with the following conditions:
1. Fire watch shall be established per direction of the fire marshal.
2. Applicant must contact the fire marshal at 763.238.3489 to
schedule pre-loading and post-loading inspections.
4.11 Solicitor licenses for Alexander Deardorff, Heather Mazurek, Craig
McCurdy, and Gavin Vandenberg of Custom Remodelers, Inc. valid
until December 31, 2015.
4.12 Petition,Waiver, and Agreement for payment and assessment of costs
associated with the sewer and water connection at 11814 Highland
Road as outlined in the staff report.
4.13 Public Art Installation Artist Agreement as outlined in the staff report.
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 Ralph Donais, Volunteer of
the Month for May. He noted the following volunteering accomplishments:
• Chairman of the United Veteran's Council at the Capitol.
• Appears at the Capitol for veteran's issues.
• Collects clothing for veterans.
• Helps with Beyond the Yellow Ribbon program.
• Volunteer at the Armed Forces Service Center at the MSP Airport.
• Bus driver/committee member for the Northstar Choir Boys.
• Member of the Church of Saint Andrew choir.
6.2 Oath of Office for On-Call Lieutenants
Chief Cunningham presented the staff report.
Mayor Dietz administered the oath to Lieutenants Jim Hildebrandt and Joe Libor.
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City Council Minutes Page 3
May 18,2015
6.3 Oath of Office for On-Call Firefighters
Chief Cunningham introduced eight new firefighters.
Mayor Dietz administered the oath to Jacob Collins, Garrett Erdman, Zachary
Hoffman, Chad Kreuser,Joe R. Libor, Casey Neumann, Ken Smith, and Brandon
Vito.
7.1 Morrell Companies
a. Zone Change
b. Conditional Use Permit to Establish Planned Unit Development
Mr. Leeseberg presented the staff report. He indicated the land use amendment will
be considered June 1. Staff recommends the Council open and continue the public
hearing and provide direction to the applicant but hold off on formal approval until
June 1.
Mayor Dietz opened the public hearing.
Terry Morrell - 10752 171x`Ave —explained the project and the reason he is
requesting the wider entrance and 15-foot setback.
Councilmember Westgaard understands the ease of expanding business adjacent to
the current operations but believes the requirements to expand into this lot are
clearly outlined. He anticipates this will be a premier lot because of its gateway to the
entrance of Elk River. He indicated he is fine with the widened entrance and the
asphalt millings but believes the building standards should apply on the west and
north fronts and the boulevard setback should be 25 feet as this will be an aerterial
road in the future.
Mayor Dietz concurred the west and north fronts of the building should be built per
business park design standards.
Councilmember Wagner is comfortable with the building design as proposed. She
indicated she has no issue with the asphalt millings or the widened entrance. She
asked Mr. Morrell if trucks can maneuver with the 25 foot setback. Mr. Morrell
indicated they can not. Councilmember Wagner agreed with the 15 foot setback.
Councilmember Olsen and Burandt concurred.
Consensus of the Council was to allow a 15-foot setback and not require business
park design standards for the project.
There being no one else to speak to this issue, Mayor Dietz continued the public
hearing to June 1.
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City Council Minutes Page 4
May 18,2015
7.2 Variance: GATR Truck Center for 20-foot Sign Height Variance
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Tom Bruce, Winkelman Building Corporation, 340 South Highway 10 in St. Cloud
—spoke in favor of the 50 foot sign.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Mayor Dietz agreed with the Planning Commission that allowing this sign would set
a precedence for future sign requests.
Councilmember Burandt indicated she supports the taller sign for increased visibility.
She suggested changing the sign ordinance to allow taller signs for other businesses.
Councilmember Wagner has no issue with sign height as long as it meets the 150
square foot requirement. She believes the sign height will make the sign more visible
from the highway. She agreed a sign ordinance amendment should be considered.
Councilmember Olsen indicated he has no issue with the increased sign height
because other communities allow it. He would also be in favor of changing the sign
ordinance if necessary.
Mr. Carlton explained city ordinance outlines the criteria for granting a variance. He
indicated the Council must vote on all five criteria individually.
The Council voted on the following five criteria:
1. Is in harmony with the general purpose and intent of the ordinance.
Moved by Councilmember Burandt and seconded by Councilmember Wagner
that the request meets criteria #1. Motion carried 3-2. Mayor Dietz and
Councilmember Westgaard opposed.
2. Is consistent with the City of Elk River Comprehensive Plan.
Moved by Councilmember Burandt and seconded by Councilmember Olsen
that the request meets criteria #2. Motion carried 3-2. Mayor Dietz and
Councilmember Westgaard opposed.
3. The petitionerproposes to use the property in a reasonable manner notpermitted by the Zoning
ordinance.
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City Council Minutes Page 5
May 18,2015
Moved by Councilmember Wagner and seconded by Councilmember Burandt
that the request meets criteria #3. Motion carried 3-2. Mayor Dietz and
Councilmember Westgaard opposed.
4. The plight of the petitioner is due to circumstances unique to the property and not a consequence
of the peition's own action or inaction.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
that the request meets criteria #4. Motion carried 3-2. Mayor Dietz and
Councilmember Westgaard opposed.
S. The variance, iifgranted, will not alter the essential character of the locality.
Moved by Councilmember Burandt and seconded by Councilmember Wagner
that the request meets criteria #5. Motion carried 3-2. Mayor Dietz and
Councilmember Westgaard opposed.
7.3 GATR Truck Center
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearings.
Tom Bruce, Winkelman Building Corporation, 340 South Highway 10 in St. Cloud
outlined five items of importance he would like addressed:
1. The applicant is requesting to paint the rooftop units instead of screening.
2. The parking lot islands are not required by ordinance and the applicant would
like to park trucks in those areas. Trees will be planted where the entrance/exits
are located.
3. The applicant is requesting wider, 50-foot entrances to accommodate the turning
radius of the large vehicles. The applicant met with staff prior to submittal and
agreed to move the main west entrance farther to the east to accommodate the
168a'Avenue turn lane.
4. Sign height was discussed earlier.
5. The applicant would like to pave the area to the east with Class II as allowed by
ordinance.
Councilmember Westgaard questioned the condition on outdoor storage. Mr. Bruce
indicated the applicant agreed to remove outdoor storage.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Discuss took place on condition #3 requiring the trailer parking area to be paved.
The applicant questioned if they could use asphalt millings consistent with what was
approved earlier for Morrell.
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City Council Minutes Page 6
May 18,2015
a. Zone Change
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt ordinance 15-13 amending the City of Elk River zoning map to
rezone certain property from BP Business Park to C-3 Highway Commercial.
Motion carried 5-0.
b. Conditional Use Permit: Truck Sales and Service
Moved by Councilmember Olsen and seconded by Mayor Dietz to approve
the Conditional Use Permit request by GATR Truck Center for truck sales
and service on Lots 1 & 2, Block 1, Nature's Edge Business Center Second
Addition, Case No. 15-09, with the following conditions:
1. As a Conditional Use Permit is not a building permit, all necessary
permits must be acquired.
2. Pave the trailer parking area east of the facility with asphalt millings.
3. Address all comments in the staff comment letter dated April 17, 2015.
Councilmember Westgaard wished to amend the motion to include the
following modifications to the staff comment letter addressed in condition #3:
a. Allow 50 foot entrances.
b. No parking lot islands will be required.
c. Rooftop units shall be painted.
The maker and seconder were agreeable to the amendment.
Motion carried 5-0.
C. Easement Vacation
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt resolution 15-21 to vacate a drainage and utility easement.
Motion carried 5-0.
7.4 GATR Property Tax Abatement
Ms. Othoudt 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 adopt resolution 15-22 approving tax abatement for certain real
property in the city pursuant to Minnesota Statutes, Sections 469.1812 to
469.1815 and specifying the terms thereof. Motion carried 5-0.
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City Council Minutes Page 7
May 18,2015
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve the tax abatement and business subsidy agreement by and
between the City of Elk River and GATR of Sauk Rapids, Inc. Motion carried
5-0.
7.5 Markquart Enterprises (Skeeter Boats)
a. Land Use Amendment
b. Conditional Use Permit for Boat Sales
Mr. Carlton presented the staff report. He stated the applicant has requested
additional time to submit updated plans and review alternative financing. The public
hearing will be re-advertised at a later date.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
7.6 Ordinance Amendment: Modifying the Minimum Accessory Structure
Size Requiring a Building Permit
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 adopt ordinance 15-14 amending Section 30-793, entitled "accessory
buildings" of the City Code. Motion carried 5-0.
Mr. Carlton explained the building official would like accessory buildings not subject
to a building permit to go through some form of review to ensure compliance with
location standards. Staff is proposing no fee and would like to bring something back
for Council review. Council consensus was for staff to bring the proposed review
process back for consideration.
Alex Bodnar, 3746 Orchard Ave N, Robbinsale MN —questioned if the review
would include existing buildings. Mr. Carlton stated this review process would be
geared towards new accessory buildings.
8.1 Independence Day Fireworks Policy
Mr. Portner presented the staff report.
Mayor Dietz indicated after the safety concerns the police chief outlined last week
regarding fireworks at Lake Orono, he believes the Council should vote to keep
fireworks at Lions Park. He added he doesn't believe a policy is necessary.
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City Council Minutes Page 8
May 18,2015
Councilmember Wagner stated members of the Parks and Commission discussed
concerns with firework debri landing in the lake. She explained she was approached
by citizens wanting the fireworks at Lake Orono but after hearing the police chief's
public safety and staffing concerns, she isn't sure moving the fireworks is worth it
and is leaning towards keeping the fireworks at Lions Park.
Councilmember Olsen stated he likes the policy but doesn't think anyone would be
able to raise the money. He added he doesn't want to discourage people from other
communities from attending the fireworks.
Mayor Dietz explained the fireworks are paid for using taxpayer money and he
believes keeping the fireworks at Lions Park is best for the residents.
Councilmember Westgaard added the fireworks should remain at Lions Park as long
as they are organized by the city. He doesn't believe we need a policy.
Moved by Mayor Dietz and seconded by Councilmember Burandt to hold the
Independence Day fireworks at John Weicht Lions Park until further notice.
Councilmember Wagner suggested the motion be for fireworks to continue at
John Weicht Lions Park and that a policy is not necessary at this time.
The maker and seconder were agreeable to the amendment.
Motion carried 4-1. Councilmember Olsen opposed.
The Council recessed at 8:44 p.m. in order to go into worksession. The meeting reconvened
at 8:50 p.m.
9.1 Street Assessment —John Alfords
Mr. Portner presented the staff report.
Council consensus was they agreed with the Franchise Fee Policy and for the city
engineer to send Mr. Alford a letter notifying him of the decision.
9.2 Hitech Motorsports Conditional Use Permit Revocation
Mr. Carlton presented the staff report.
Council consensus was to move forward with revocation of the Conditional Use
Permit for Hitech Motorsports.
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City Council Minutes Page 9
May 18,2015
9.3 USAgain/Textile Donation Bins
Mr. Carlton presented the staff report. He stated he spoke to Environmental
Technician Kristin Mroz-Risse and she believes there are enough thrift stores in Elk
River to support the donations and the bins are not necessary.
Mr. Beck commented if the ordinance is to be enforced, staff may wish to install
signage where the current bins are stating it is a crime to dump in those areas. He
suggested listing locations the donations can be taken. He added the city may need a
plan to remove junk because once the bins are removed it may become the city's
responsibility to remove unwanted donations.
Council consensus was for staff to enfore the ordinance and have all donation bins
removed throughout the city.
9.5 Parks and Recreation Master Plan
The Mayor moved this item before 9.4.
Lil Lathem of Hoisington Koegler Group Inc. (HKGi) reviewed a PowerPoint
outlining the Parks Master Plan.
Paul Paige, President HKGi explained now is a good time to build a foundation for
park dedication fees. He recommended acknowledging state statute language so if
and when the city is challenged on the fees a strong defence is in place. He added
polling other cities is not necessarily the best idea and can be difficult to defend if
challenged.
Mayor Dietz indicated he has trouble with John Weicht Lions Park being listed as a
signature park. Ms. Lathem stated it is listed pending a facilities study and added the
indoor facility is the draw to the park.
Councilmember Wagner stated she believes the Rivers Edge Downtown Park should
be listed as a signature park.
Council consensus was to include Rivers Edge Downtown Park as a signature park
in the Master Plan.
Ms. Lathem stated the Parks Master Plan will come before the Council at a regular
meeting for formal approval.
9.4 Annual Financial Overview
Mr. Simon presented an overview of the Annual Financial Management Plan.
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City Council Minutes Page 10
May 18,2015
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 10:31 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz, Mayor
Tina Allard, City Clerk
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