4.1. DRAFT MINUTES (1 SET) 09-08-2015 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, August 17, 2015
Members Present: Acting Mayor Burandt, Councilmembers Olsen,Westgaard, and
Wagner
Members Absent: Mayor Dietz
Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, City
Attorney Peter Beck, Planning Manager Zack Carlton, Planner I
Chris Leeseberg, Street Superintendent Mark Thompson,
Maintenance Mechanic Steve Taylor,Engineer Justin Femrite,
Stormwater Coordinator Brandon Wisner,Environmental Technician
Kristin Mroz-Risse,Wastewater Chief Operator Matt Stevens,Liquor
Operations Manager Dave Potvin,Assistant Liquor Operations
Manager Steve Tillman, and Senior Administrative
Assistant/Recording Secretary Jennifer Johnson
I. Call Meeting to Order '1%
Pursuant to due call and notice thereof,the meeting of the Elk River City Council
was called to order at 6:01 p.m. by Acting Mayor Burandt.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 08/17/2015 Agenda
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the August 17, 2015, agenda. Motion carried 4-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the following consent agenda:
4.1 August 3, 2015, regular meeting minutes and August 10, 2015, special
budget minutes.
4.2 Check register, check numbers 9812-9814 and 93166-93393 as outlined
in the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Special Event Permit and Temporary On-Sale Liquor License for the
Church of St. Andrew for Sunday, September 20, 2015, subject to the
following conditions:
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August 17,2015
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1. The event planner is required to notify surrounding
businesses, residents, and organizations. The city will provide a
template of the notice that must be distributed and a list of
property owners to notify. The event planner must submit an
affidavit that the notice was distributed.
2. Inspection of the outside area will take place prior to the event
when there is a tent. Applicant must contact the fire marshal at
763.635.1110 for an inspection after the tent area has been set
up.
3. Event parking may not obstruct public roadways or render
them unsafe for vehicle or pedestrian traffic.
4. If traffic becomes a problem around the temporary site, the
sales area shall be delineated with a barrier to restrict traffic.
5. No electrical services shall be across any drive or walking
surface.
6. All temporary signs shall receive a permit prior to display.
7. Alcohol must be limited to an area enclosed with a fence with
secure, controlled access.
4.5 BNSF Agreement for Grade Crossing Signal Installation
Improvements as outlined in the staff report.
4.6 Resolution #15-49 for Final Plat of West Oaks Eighth Addition as
outlined in the staff report with the following conditions:
1. All comments in the letter from the City Planner dated August
121 2015, shall be addressed prior to recording.
2. All necessary permits must be acquired before any work in the
right-of-way begins.
3. An updated plan identifying the abandoned utilities shall be
submitted to the city.
4. Submittal of a letter of credit equal to the cost to abandon any
unused public utilities associated with West Oaks Eight
Addition.
5. Prepare a homeowners association agreement per Section 30-
944 for review and approval by the City Attorney.
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.
4.7 Assignment and Assumption of Tax Abatement and Business Subsidy
Agreement for GATR of Elk River, Inc., as outlined in the staff report.
4.8 Early Entry License Agreement between Sportech, Inc., and the City
of Elk River as outlined in the staff report.
4.9 Hire Marci Springsteen as Support Services Supervisor at step A of pay
grade 7 starting November 1, 2015.
4.10 Hire Kristen Sandhoefner as Records Clerk at step E of pay grade 4
starting around October 1, 2015.
4.11 Hire Jolene Richter as Fire and Building Safety Office Assistant at step
B of pay grade 3 starting August 18, 2015.
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4.12 Hire Linda Canton as Crime Prevention Specialist at step B of pay
grade 6 starting around October 1, 2015.
4.13 Law Enforcement Services Agreement between the City of Elk River
and the Elk River Area School District as outlined in the staff report.
4.14 Resolution #15-50 acknowledging monetary donations to the Police
Department in the amount of$6,365.36 along with various products
contributed to the police department from groups and organizations as
outlined in the staff report.
Motion carried 4-0.
S. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month-Acting Mayor'Burandt
Acting Mayor Burandt introduced,read, and presented a plaque to Barbara
Wisnie-,vski, the Volunteer of the Month for August. She noted the following
volunteering accomplishments:
• Helped create Basic Outreach in 2007, an organization designed to offer
emergency shelter for homeless families; served as board chair for 3 years until
2010,when the organization merged with Family Promise.
• Volunteer coordinator for homeless families assigned to stay at United Methodist
Church.
• Served as president of the United Methodist Church Women's Group.
• Sunday school and confirmation teacher at United Methodist Church.
• Intern at Hardy and Stephens Counseling Associates, offering free mental health
counseling.
• Parker Elementary School volunteer.
• CAER and CROP Walk volunteer.
7.1 Conditional Use Permit to Operate Wholesale Nursery with Outdoor
Storage in R I a Single Family Residential Zoning District, James
Schroer/Plant Place, Inc.
Mr. Carlton presented the staff report.
Acting Mayor Burandt opened the public hearing. There being no one present to
speak, she closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to continue the public hearing to September 27, 2015.
Motion carried 4-0.
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7.2 Preliminary Plat (Solid Rock Addition) to Re-plat Lots 1-8, Block 9,
Brentwood, into 4 lots, Solid Rock Church
Mr. Leeseberg presented the staff report.
Acting Mayor Burandt opened the public hearing. There being no one to speak, she
closed the public hearing.
Councilmember Westgaard asked if the variance issued in 2013 for lots below the
2.5-acre minimum continues to exist.
Mr. Leeseberg indicated the variance still exists and has not expired.
Acting Mayor Burandt and Councilmember Westgaard asked questions about the
wetland delineation location and if it follows current ordinance requirements for
setbacks and buffers.
Mr. Leeseberg indicated the delineation area in Lot 3, already located in a drainage
utility easement, cannot be built on and will follow current ordinance requirements
regarding setbacks and buffers even though the variance was granted in 2013.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve Resolution 15-51 approving the Final Plat of Solid Rock
Addition with the following conditions:
1. Surface Water Management Fee be paid for one (1) lot in the amount
required by the city (currently $220/lot) prior to releasing the Final Plat for
recording.
2. All comments in the Environmental Memo dated July 8, 2015, shall be
addressed.
3. A wetland delineation must be completed, incorporated into the plat, and
submitted to the city for approval.
4. A 45-foot easement around all wetlands shall be added to the Preliminary
Plat.
Motion carried 4-0.
7.3 Ordinance Amendment to Modify Permitted Uses in R I a Single
Family Residential Zoning District Regulations, City of Elk River
Mr. Leeseberg presented the staff report.
Acting Mayor Burandt opened the public hearing. There being no one to speak on
this matter, she closed the public hearing.
Councilmember Wagner asked if this ordinance amendment affects home-based
businesses, such as home daycare centers, or businesses wishing to operate in R1
zones similar to the Plant Place,Inc.item 7.1.
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Mr. Leeseberg stated this ordinance amendment did not affect those business types.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopte Ordinance Amendment 15-16 amending Section 30-991
(b) R-1 districts as outlined in the staff report.
Motion carried 4-0.
7.4 Resolution to Vacate Drainage and Utility Easement, Chad Weatherly
Mr. Carlton presented the staff report. A#
Acting Mayor Burandt opened the public hearing. There be. no one to speak on
this matter, she closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve Resolution 15-52 to vacate a portion of the drainage and
utility easement, Case No. EV 15-07, as outlined in the staff report.
Motion carried 4-0.
6.2 Proclaim Bob Mahutga Day
%o
Mr. Thompson presented the staff report.Acting Mayor Burandt introduced, read,
and presented a plaque to the family of Bob Mahutga and proclaimed August 31,
2015, as `Bob Mahutga Day'posthumously,in the City of Elk River.
8.1 Public Art Installation at Library
Ms. Eddy presented the staff report,indicating the ilbimsical ilindmill will be
unveiled on August 27, 2015,in an event beginning at 3:00 p.m.The windmill will be
situated between the butterfly and prairie gardens. She stated Mayor Dietz,Mr.
Portner,EDA President Dan Tveite, and the artist Karl Zachmann will give
presentations along with the artist. Tying in the Powered by Nature brand,
Environmental Technician Kristin Mroz-Risse will provide two tours of the LEED
building. Refreshments will be served in the library community room.
Councilmember Wagner stated she is looking forward to seeing it.
Acting Mayor Burandt stated she was pleased to be a member of the public art
installation committee and appreciated the details the artist used to create the
windmill specifically for the history of our city.
Ms. Eddy indicated an interpretive sign would be placed at some point to tell the
unique story of the artist and his creative design.
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Council recessed at 6:27 p.m. to go into work session.
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Council reconvened at 6:30 p.m.
S. Open Forum
Residents came late to the meeting and requested the Acting Mayor allow them to
speak under Open Forum.
Elizabeth Lies and Angie Gerou presented information regarding their proposal of
the Elk River Ambassador and Royalty Program and distributed handouts to the
council. They asked for financial support from the city to create this ambassadorship.
Acting Mayor Burandt thanked Ms. Lies and Ms. Gerou for the information and
indicated this item will be placed on a future work sess £Q discussion.
9.1 Policy Discussion: Maintenance of Common Areas in Developments
Mr. Carlton presented the staff report. He outlined in a PowerPoint presentation the
increase in complaints regarding common lots and their features which require costs
associated with landscape maintenance and utilities. The common lots include
development entrance signs in an easement on a buildable lot,landscaping within
city right-of-way, or on a private lot without a maintenance agreement. He showed
examples in the city and requested discussiu the follow* possible options:
■ Leave the common area as-is until they become a public nuisance and assess
costs associated as such to the property owner.
■ Maintain the common areas and assess the cost associated as such to the
property owner.
■ Maintain the common areas and assess the cost as such to the entire
development or subdivision.
■ Maintain the common areas and do not assess any costs of such maintenance.
Mr. Carlton stated the importance of drafting a policy to craft language ensuring
development and planned unit development (PUD) agreements cover who is
responsible for future maintenance and upkeep of common areas. He also suggested
an ordinance to identify when the city may assume maintenance and where the
billing would go.
Councilmember Burandt indicated her concerns with the neighborhoods that include
boulevards or medians requiring maintenance and the financial impact to both
homeowners or the city to maintain them. She indicated the need to create city-wide
consistency with whatever is decided.
Councilmember Westgaard agreed with Councilmember Burandt and expressed his
concern with the costs associated with not only the boulevards but the larger
monument signs and improvements like the clock tower that create a more costly
issue.
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Counselor Beck noted this is not a new problem and unfortunately,in an active and
functioning homeowners association (HOA),they are the responsible parties.
Counselor Beck indicated problems such as this arose when associations never got
off the ground before and during the recent recession, and as a result are not
meeting their intended responsibilities. Counselor Beck indicated that in the example
of the clock towner,the city cannot spend funds to maintain it unless its use was a
benefit to the entire city,besides the fact that it sits on private property. He
suggested the council provide direction for staff to draft language in order to clarify
these types of common areas.
Councilmember Wagner stated she personally likes monuments and landscaping at
development entrances as it provides an attractiveness to neighborhoods and was
surprised people in her own neighborhood didn't realize they were responsible for
the upkeep. She didn't feel the city should be responsible for electricity payment for
the clock tower,noting it is a nice landmark but it benefits the local area considerably
more than the entire city. She stated she hoped the residents in those developments
would continue to pay for the electricity for the time being.
Councilmember Westgaard thinks if the city starts considering ownership and
maintenance of these common areas,it could open Pandora's Box,noting if HOAs
that have been maintaining their common areas decided to discontinue their
maintenance and upkeep,it would force the city's hand to step in and maintain them.
He didn't feel it fit in the city's beautification goal and felt certain the city's financial
responsibility would cause an increase in property taxes.
Councilmember Olsen concurred with Councilmember Westgaard and asked how
many HOA's exist in the city.
Mr. Carlton indicated ould cpn�a t the county but wasn't sure if they would have
that information.
Discussion continued regarding billing and payment for utilities.
40uncilmember Westgaard asked about outlots that go into tax forfeiture.
Counselor Beck and Mr. Femrite explained that every year they review properties
that come up for tax forfeiture and staff chose not to take those because the city
would become the entity responsible for their maintenance and upkeep.
Councilmember Burandt felt the HOA should be assessed for maintenance of any
common areas. If there was no HOA,maintenance costs could be assessed as a
nuisance abatement to the property owners in the development. She wondered if the
agreements allowed for the monuments to be removed if not maintained.
Mr. Portner suggested language similar to what's used in the city's donation policy
that outlined responsibility to ensure the donation is maintained or it would be
removed if it goes into disrepair.
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It was determined that the city had no public purpose to maintain and upkeep the
clock tower,but neighboring residents could continue to make the choice to pay for
the electric utilities.
It was the consensus of the council to come back to a future meeting with policy
options after staff completes more research. Counselor Beck will review Minnesota
Statutes Chapter 429 and the city's rights to assess property owners the cost of
maintenance and how it pertains to HOAs. He stated he will also consult with
attorney Roger Knutson for his input.
In the meantime,new Development and Planned Unit Development Agreements
would be drafted to include language outlining who is responsible for maintenance
and upkeep of common areas. Staff would create public outreach to educate
residents to take on property maintenance themselves in those neighborhoods whose
associations have dissolved and upkeep is needed.
9.2 2016 Budget 44e'
Staff reviewed their budgets and goals as outlined in the staff report.
Storm mater �Mr. Wisner answered questions regarding wetlands currently receiving maintenance.
No changes to the fee structure isroposed for 2016 budget.
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Garbage
Ms. Mroz-Risse noted changes made"tt' er allocation of time,which was different
than presented at last week's council meeting.
Councilmember Wagner asked about business recycling. Ms. Mroz-Risse explained
what haulers offer business recycling and work with planning to ask developers to
include recycling bins in trash areas.
Councilmember Westgaard asked about the possibility of changing recycling services
from bi-weekly to weekly,noticing recycling bins are overflowing by the second
week. Ms. Mroz-Risse hoped to have options available to residents next year to
perhaps choose a larger recycling cart and have trash pickup remain weekly due to
the smell. Staff has proposed no changes to the fee structure for 2016 budget, but
will evaluate a potential change for 2017 budget.
Councilmember Burandt asked about incentive programs for businesses. Ms. Mroz-
Risse explained the High Five program and indicated that information about this
program was distributed by Economic Development staff during business retention
and expansion visits and during expos.
Municipal Liquor
Mr. Potvin indicated transfers out will continue to be difficult to maintain at current
levels do to increasing market competition in surrounding communities.
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Discussion ensued on liquor sales tax and customers buying in Elk River having a
savings advantage by not having to pay a stadium tax above and beyond the sales tax.
Councilmember Wagner asked liquor store social media efforts were helping sales.
Mr. Potvin stated he wasn't sure of the affect but time was needed to generate an
audience.
Mr. Simon noted there was an increase in interest from customers when having
vendor giveaways and promoting them on social media.
Councilmember Olsen asked if the liquor store had a customer email list and Mr.
Potvin indicated they did not at this time.
Vaste mater
Mr. Stevens answered questions regarding th ' aste water Ntreatmendget. Staff
proposed a 3 percent rate adjustment for 2016 budget. Staff also presented a 15-year
forecast of the sewer fund and reviewed the cash flows.
10. Adjournment
There being no further business,Acting Ma or Burandt adjourned the meeting of
the Elk River City Council at 8:27 p.m.
Minutes prepared by Jennifer Johnson.
John J. Dietz,, a or.
Tina Allard, City Clerk
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