4.1. DRAFT MINUTES 06-15-2015 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, June 1, 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, Finance Director Tim Simon, Park Planner/Planner
Chris Leeseberg, Fire Chief T.John Cunningham,Police Chief Ron
Nierenhausen, City Attorney Peter Beck, and Recording
Secretary/Senior Administrative Assistant Jennifer Johnson
I. Call Meeting to Order
Pursuant to due call and notice theref
eeting of the Elk River City Council
was called to order at 6:32 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 06/01/2015 Agenda
Mayor Dietz removed item 8.1 from the Council Agenda.
Moved by Councilmember Westgaard and seconded by Councilmember
4Wagner to approve the June 1, 2015, agenda as amended.
1-Motion carried 5-0�
4. Consider Consent Agenda`
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the following consent agenda:
4.1 May 18, 2015, special minutes.
4.2 Check Register, check numbers 9803-9804 and 92223-92393 as outlined
in the staff report.
4.3 Resolution 15-23 acknowledging contributions from the Eddy
Foundation in the amount of$5,000.00 representing their annual
support and from the Zimmerman Fire Department Relief Association
in the amount of$2,000.00 for equipment purchases.
4.4 Annual Renewal of Liquor License for the period beginning July 1,
2015 through June 30, 2016, for the following businesses:
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June 1,2015
3.2. Percent Malt Beverage On-Sale
• Daddy O's Cafe
• Noodles & Company
• Pompeii Pizzeria
3.2. Percent Malt Beverage Off-Sale
• Cub Foods
• McCoy's Pub
• SuperAmerica #4196
• SuperAmerica #4338
• SuperAmerica # 4470
• Wal-Mart Supercenter #3209
Club
■ Eagles Club
On-Sale Liquor
• Applebee's Neighborhood Grill & Bar
• Broadway Bar & Pizza
• Buffalo Wild Wings Grill & Bar
• Chipotle Mexican Grill
• El Amigo's
• Elk River Golf Club
• Hajime Sushi Restaurant
• McCoy's Pub
• Mucho Loco
• Sunshine Depot
• Timeout Restaurant and Sports Bar
On-Sale Sunday
• Applebee's Neighborhood Grill & Bar
• Broadway Bar & Pizza
• Buffalo Wild Wings Grill & Bar
• Chipotle Mexican Grill
• Eagles Club
• El Amigo's
• Elk River Golf Club
• Hajime Sushi Restaurant
• McCoy's Pub
• Mucho Loco
• Sunshine Depot
• Timeout Restaurant and Sports Bar
Wine
• Noodles & Company
• Pompeii Pizzeria
Strong Beer Permission
• Pompeii Pizzeria
• Noodles & Company
4.5 Solicitor License for David McElwaney, David's Educational Products,
effective through December 31, 2015.
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June 1,2015
4.6 Appoint Steven Stoffers to the position of Interim Park Maintenance
Supervisor effective June 6, 2015, at a biweekly salary rate of$2,628.80
and appoint Joshua Baas to the position of Interim Lead Park
Maintenance Worker effective June 6, 2015, at a pay rate of$27.14 per
hour.
4.7 Fire Department Administrative Assistant Position Description as
outlined in the staff report.
4.8 Approve a temporary 3.2. malt liquor license for the Elk River Lions
Club for June 6, 2015, with the following condition:
■ Alcohol must be limited to an area enclosed by fence with a
secured, controlled access. Age verification is required and
wrist band control is recommended.
4.9 Resolution 15-24 to purchase Lot 4, Block 1, Mississippi Ridge 2"d
Addition and execute the purchase agreement as outlined in the staff
report.
4.10 Transient merchant license for Camilo Antonio Vega, dba Tony's
Dogs, to operate a hot dog cart in front of Menards, 19521 Evans Street
NW, Thursdays, Fridays, Saturdays, and every other Sunday June—
September, 2015, with the following conditions:
1. One 24-square foot sign shall be allowed.A temporary sign
permit must be obtained prior to display of the sign. Contact
the Planning Department at 763.635.1000.
2. The merchandise displayed shall not occupy more than 100
square feet [Section 38-414(6)].
3. Applicant must remain on the asphalt surface and no product
shall be displayed in the grassy areas.
4. No electrical services shall be across any drive or walking
surface.
5. If traffic becomes a problem around the temporary site, the
sales area shall be delineated with a barrier to restrict traffic.
6. The area shall be maintained free of debris and kept in an
orderly condition.
7. Only one cart/trailer shall be utilized.
8. The cart/trailer shall not be left on site overnight.
4.11 Resolution 15-25 acknowledging contributions in the amount of$250
from the Fraternal Order of Eagles to be used towards the USPCA
Region 12 K9 trials.
4.12 Hire Robert Pullar and Nicolas Albert as part-time community service
officer beginning June 3, 2015.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6.1 Morrell Companies/Terry Morrell
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a. Land Use Amendment: Change Land Use of Lot I, Block 2,
Natures Edge Business Center from Focused Area Study
(Station Area Village) to Industrial
b. Ordinance Amendment: Zone Change, Lot I, Block 2, Natures
Edge Business Center from Business park to Planned Unit
Development
C. Conditional Use Permit: Establish Planned Unit Development
Mr. Leeseberg presented the staff report.
Mayor Dietz asked if staff is recommending approval of this proposal.
Mr. Leeseberg stated council did provide staff with direction on this project which
was outlined this evening.
Mayor Dietz re-opened the public hearing. There being no one to speak, Mayor
Dietz closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve Resolution 15-26 adopting the Land Use Amendment to change
the Land Use of Lot 1, Block 2, Natures Edge Business Center from Focused
Area Study to Industrial.
Motion carried 5-0.
Moved by Councilmember Burandt and seconded by Councilmember Wagner
to approve Ordinance Amendment 15-15 amending the City of Elk River
zoning map to rezone certain property from BP, Business Park to PUD,
Planned Unit Development.
Motion carried 5-0.
Mayor Dietz expressed his concerns regarding approval of this conditional use
permit and others in the area of the Focused Area Study (FAST). He stated approval
of this CUP goes against the original intent and design of this area and feels
businesses coming into this area—whether or not they fit part of the original intent—
should be held to certain standards. He stated he isn't opposed to the Morrell project
but wouldn't support the CUP if the project wasn't built to business park standards.
Mayor Dietz asked Terry Morrell, the applicant, about the preparation and
installation of the asphalt millings and asked if the millings would be warm, fresh
millings that are shaped and compacted, in order to be effective, and would be
installed
Mayor Dietz noted Mr. Morrell had sent in a video showing the trucks being able to
enter and leave the property, and confirmed with Mr. Morrell if his trucks are indeed
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able to enter and exit the property without causing any traffic backups on Twin
Lakes Parkway.
Mr. Morrell stated there would be no problems with the truck traffic in and out of
the property using Twin Lakes Parkway as is.
Moved by Wagner and seconded by Councilmember Burandt to approve the
Conditional Use Permit (CUP) for Morrell Companies/Terry Morrell with the
following conditions:
1. A Planned Unit Development (PUD) agreement shall be developed
and signed by both the parties prior to issuance of a building permit.
2. The CUP is not a building permit and the applicant must apply for and
receive approval of required building and sign permits before
construction may begin.
3. The building shall meet all building and fire codes.
4. 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.
5. The applicant must apply for and receive approval of all required sign
permits before signage may be installed.
6. All engineering/grading/drainage comments in the comment letter
dated April 17, 2015, shall be addressed.
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 foot-candle in or within 25 feet of a dwelling or by more than
0.5 foot-candle on any part of the property.
8. All driving areas and parking areas shall be bounded by B612 concrete
curb and gutter.
Motion failed 3-2 with Mayor Dietz, Councilmember Olsen and
Councilmember Westgaard opposing.
Councilmember Westgaard expressed his desire to maintain Business Park
architectural standards.
Councilmember Olsen stated he also supports adhering to business park standards
and does not understand why those standards cannot be achieved for this project.
Counselor Beck requested staff refresh the council's memories on what the specific
areas of compliance were needed regarding business park standards. He stated the
council would then have alternatives on how to proceed either by a motion to direct
staff to prepare a resolution for denial based upon non-compliance of those
standards, or there could be a motion to approve subject to compliance to those
standards. He stated council needs to indicate to the applicant the exact requirements
the council is requiring of this project in order to comply with business park
standards.
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Mr. Leeseberg outlined the specific areas of concern for this project's building
requirements to comply with business park standards:
a) A secondary acceptable material needs to be 30% of the surface area of the
elevations, and if the council approves, a different texture could be approved.
b) The placement and color of the garage doors needs to be reviewed—this
property faces road right-of-way on three sides, and at a minimum suggest that
the garage doors be painted the same color of the buildings in order to minimize
them if the council is ok with the doors being on three sides.
c) Rooftop equipment needs to be screened from public streets or sidewalks.
d) Prevent the appearance of straight,unbroken lines in the horizontal and vertical
surfaces.
e) A 25' parking setback is a business park standard, and the applicant is proposing
15' setback.
The landscape islands were reviewed by staff and do comply with business park
standards. The asphalt millings were also approved.
Mr. Morrell indicated a 15' setback was needed due to the unique equipment his
business transports and therefore requiring garage doors on three of its four sides.
He stated the roof equipment was placed so it would not show from the roadway.
Mr. Morrell indicated his frustration with trying to comply with both a former staff
member's standards as well as council-directed standards as discussed at the May 18,
2015, council meeting, in which he felt he had received project approval but for
some reason, the council couldn't approve it that evening. He stated he has a tight
timeline for completing the project by year-end and considerable financial
investment in this project. He indicated this deal was hanging on by a thread and
would take this project to another community if this isn't approved.
Councilmember Westgaard stated he would like to see the 25' setback maintained
and felt parking could be adjusted without having to move the building.
Councilmember Wagner asked the applicant if they felt this project would work with
a 25' setback.
Mr. Morrell stated this project, even though reviewed dozens of times,would not
work with a 25' setback. He stated if employee parking was moved, truck traffic
would mingle with employee parking, causing a safety hazard.
Mayor Dietz stated he would approve a 15' setback. He has concerns with the
building appearance and the roof equipment.
Mr. Morrell requested the garage doors colors be left white and stated all other
buildings in the business park have white doors and felt this made for an attractive
looking building. He felt some of these same standards are not being followed on
other buildings of Natures Edge. He asked why his building would be required to
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have colored doors when all the other buildings in the business park have white
doors.
Councilmember Westgaard stated the vote on May 18, 2015,was a split vote but the
applicant was aware that this particular lot may not work for this business in this area
and was aware it may not be approved. Councilmember Westgaard felt this project
was too far off what was envisioned in this development.
Mayor Dietz polled the council on painting the garage doors taupe, the same color of
the building: yes: Councilmember Westgaard, Mayor Dietz;no: Councilmembers
Olsen, Wagner, and Burandt.
Discussion was held regarding the screening from view the roof equipment and what
would be a solution: painting the units,use of metal screening, or extending the
parapet.
Mr. Morrell stated he felt the rooftop equipment was positioned in such a way that it
would not be visible from the roadway or sidewalk, but until the road is in place and
elevation is determined, it would be hard to confirm at this time.
Councilmember Westgaard stated extending the parapet could solve the problem of
screening.
Mr. Leeseberg stated the preferred method is the use of a parapet and would meet
the standards of the ordinance.
Mayor Dietz polled the council to allow painting of the roof equipment or require
screening it to be screened if it's visible: Councilmembers Westgaard, Olsen, and
Mayor Dietz: if it's visible it has to be screened. Councilmembers Wagner and
Burandt would allow painting the equipment.
Mayor Dietz polled the council and the majority of the council requires at least 30%
of a texture or material difference. The material can be the same and by a different
treatment of the surface and it can appear very different.
Mayor Dietz polled the council and the majority of the council didn't have an issue
with either the banding or the eve height.
Mr. Beck recommended the council pass a vote subject to the condition as discussed
and if the applicant is unable to work any details out with staff, he should come to a
future council meeting to discuss any concerns.
Moved by Councilmember Burandt and seconded by Councilmember Olsen
to approve the Conditional Use Permit (CUP) for Morrell Companies/Terry
Morrell with the following conditions:
1. A Planned Unit Development (PUD) agreement shall be developed
and signed by both the parties prior to issuance of a building permit.
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2. The CUP is not a building permit and the applicant must apply for and
receive approval of required building and sign permits before
construction may begin.
3. The building shall meet all building and fire codes.
4. 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.
5. The applicant must apply for and receive approval of all required sign
permits before signage may be installed.
6. All engineering/grading/drainage comments in the comment letter
dated April 17, 2015, shall be addressed.
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 foot-candle in or within 25 feet of a dwelling or by more than
0.5 foot-candle on any part of the property.
8. All driving areas and parking areas shall be bounded by B612 concrete
curb and gutter.
9. Parking setback is allowed at 15 feet.
10. White garage doors are allowed
11. Rooftop screening is required if visible and cannot be painted.
12. 30% of the north,west, and south elevations need to be of a different
allowable material and/or the surface can have different treatment of
the same material.
13. The appearance of straight, unbroken lines does not need to be
adhered to.
14. Asphalt millings, as shown on the plans, are allowed.
15. A larger entrance, as shown on the plans, is allowed.
Motion carried 4-1 with Mayor Westgaard opposing.
7.1 Comprehensive Annual Financial Report for Year-Ended December
31, 2014
Mr. Simon introduced Andrew Berg with Abdo, Abdo, Eick, &Meyers.
Mr. Berg gave a presentation regarding the 2014 Certified Annual Financial Report
and audit results along with the Fire Relief Association financial statements. He
noted there were no findings against the city. The opinion was an unqualified (clean)
opinion.
Mr. Simon thanked Lori Ziemer for her work putting this document together.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to accept the Comprehensive Annual Financial Report for the year
ended December 31, 2014.
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Motion carried 5-0.
8.2 Parks and Recreation Master Plan
Mr. Hecker presented the staff report.
Moved by Councilmember Olsen and seconded by Councilmember Burandt
to adopt the Parks and Recreation Master Plan as outlined.
Motion carried 5-0.
8.3 Resolution in Support of Sandpiper Pipeline Project
Mr. Portner presented the staff report.
Councilmember Burandt wondered if the exact route of the pipeline is known.
Mr. Portner stated the pipeline route is established.
Mayor Dietz supported the project and stated the pipeline would assist in an overall
decrease in the number of trains transporting oil through Elk River.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Resolution 15-27 in support for the Sandpiper Pipeline Project
as outlined in the staff report.
Motion carried 5-0.
8.4 Discuss Work Session Items
Mr. Portner presented the staff report. Budget discussions have been added to
upcoming work sessions.
Mayor Dietz asked the status of the Clean Indoor Air Act/e-cig legislature and if it
will be discussed further during the legislative special session.
Mr. Portner will check with City Clerk Tina Allard for updates and will add this item
to a future work session.
Councilmember Wagner asked to discuss traffic safety concerns at the intersections
of northbound Twin Lakes Road from Main Street,Trout Brook Parkway, and Twin
Lakes Parkway. She stated the speed limit reduces from 55 mph to 40 mph and she
requested to review the possibility of adding a bypass or turn lane, stating concerns
with vehicles stopped to turn left and the potential for being rear-ended. She's
interested in having the city engineer look at any options that may be put in place.
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She asked to have staff review the area of Main Street and Line Avenue, specifically
the stoplight at Line Avenue turning right onto Main Street, and possibly reviewing
the need for a dedicated right turn lane to alleviate traffic congestion.
Councilmember Westgaard requested a future meeting with staff to review the
purpose and intent of the city's comprehensive plans, studies, and commercial
reserves. Councilmember Olsen agreed and felt as being a rookie councilmember he
would benefit from staff explanation of these plans.
9. Council Liaison Updates
The council provided their liaison updates.
Commissioner Olsen requested the library board minutes currently being taken and
completed by a member of the commission be taken by either a member of city staff
or library staff. He stated the commission struggles with completing an accurate set
of minutes.
Mayor Dietz agreed, stating minutes for other boards and commissions are taken by
a city staff member. He suggested asking branch manager William Hollerich if he
would assist the commission since he already attends the meetings and he would be
considered library staff.
Commissioner Olsen requested he receive a copy of future planning commission
items in order to see what items are coming up and projects being proposed. Staff
will ensure that both Councilmembers Olsen and Wagner receive a copy of the
planning commission agenda.
The council adjourned to work session at 8:27 p.m. and reconvened at 8:33 p.m.
10.1 Houlton Farm Property Hunting Plan
Mr. Hecker introduced Bob McGillivray, representing the Trust for Public Land,
Stewart Wilson, chair of the Houlton Farm Property, and Dave Anderson, chair of
the Parks and Recreation Commission. They explained the hunting plan and as
proposed in the staff report.
Mr. Anderson stated these boundaries are consistent with the hunting that currently
takes place on that property and stated the DNR is looking at the plan to ensure the
city is meeting the intent of a quality rewarding hunting opportunity, fulfilling the
requirements in support of this land acquisition.
Mr. McGillivray stated he expected the DNR would approve this draft plan.
Chief Nierenhausen expressed his concerns with not being a part of the hunting plan
discussions and stated he won't expect a lot of support from the DNR when the
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police receives these complaints of hunters and gunshot sounds near the downtown
district and residential housing.
Mr. Wilson stated the intent to provide public education for use of the area, accurate
and descriptive signage to ensure clear understanding to users, and he realizes there
may be an increase in call reports due to the location of the land near the downtown
and residential area. He stated this is a prime example of how a conservation area can
exist within in a community.
Councilmember Wagner stressed the need to address folks not familiar with hunting
times of year with education campaigns and signage.
Mr. Wilson agreed and wouldn't want to restrict those who want to take a "Sunday
walk" on the property.
Councilmember Westgaard noted there is limited access to property and signage at
the main entrance would assist visitors to be aware of hunting activity during certain
times of the year.
The consensus of the council was to approve the draft hunting plan as proposed.
10.2 Deer Herd Reduction
Mr. Hecker presented the staff report. He introduced Park Commissioners Dave
Anderson and Mike Niziolek, and Steve Engelmeyer, employee of Cargill and the
manager of the Cargill hunt.
Mr. Anderson reviewed the problem of the deer population in the city and indicated
the reasons behind the increase. One area discussed was resident backyard deer
feeding, thereby creating herds of deer traveling through properties via city roads. It
was s
In combination with current practice of"back tag" program, the volunteer group
suggest expansion of an area known to the Minnesota Department of Natural
Resources (DNR) as deer hunting Zone 601 (near Walmart and includes the land
surrounding Cargill) as a useful tool in controlling the deer herd. This would allow
hunters to shoot antlerless deer with no limit. The DNR would ask for council
support to allow expansion of this zone.
The group would like the council support of a controlled archery hunt in Elk River
parks. Mr. Anderson explained the group's intent regarding how hunters are selected,
educated in a pre-hunt meeting, rules being adhered to, and which parks were being
considered as hunting zones. He explained the urgency in acting upon this due to the
damage the deer are doing and the already high population growth of new fawns.
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It was council consensus to support the deer herd reduction plans proposed and Mr.
Anderson stated this plan brought to the Parks and Recreation Commission for
consideration.
10.3 Fire Department Administrative Assistant Position Hours
Chief Cunningham presented the staff report.
It was the consensus of the council to support the change of the fire department's
administrative assistant position from regular part-time to full-time.
Mr. Portner reminded the council of two staff members' farewell gatherings: Aubra
Podolske's farewell is Wednesday,June 3, 10:30 a.m. at city hall, and Rodney
Schreifels' farewell is Thursday,June 4, 12:00 p.m. at the public works facility.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:57 p.m.
Minutes prepared by Jennifer Johnson.
John J. Dietz, Mayor
Tina Allard, City Clerk
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