12-21-2015 CCMMembers Present:
Members Absent:
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, December 21, 2015
Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
None
Staff Present: City Administrator Calvin Pormer, Finance Director Tim Simon,
Senior Planner Chris Leeseberg, Planning Manager Zack Carlson,
City Attorney Peter Beck, and City Clerk Tina Allard
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 6:15 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 12/21/2015 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the agenda. 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 December 7, 2015, Regular and Closed Minutes.
4.2 Check register, check numbers 9830-9833 and 94699-94917 as outlined
in the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Annual license renewals as outlined in the staff report.
4.5 Letter of Intent for 17565 Tyler Street NW, Elk River.
4.6 Resolution 15-75 acknowledging contributions from Elk River High
School Boys Hockey for Wreath.
4.7 Six-month extension for Heritage Maples Senior Living Plat and
Conditional Use Permit.
4.8 2016 Council Meeting Schedule.
4.9 Resolution 15-76 to amend and restate the city's flexible benefits plan.
4.10 Budget amendments as outlined in the proposed 2015 budget
amendments attachment in the staff report.
4.11 Termination of Waste Delivery Agreement with Great River Energy
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4.12 Agreement for Services to hire Veit & Company Inc. to complete
removal of the William H. Houlton Conservation Area outbuildings
and materials.
4.13 Planner Position Description.
4.14 Resolution 15-77 adopting the 2016 Compensation Plan for non -
Organized employees.
4.15 Resolution 15-78 accepting bid and authorizing execution of contract
in the matter of the Eastern Area Trail and Mobility Improvement
Project.
4.16 Accept bid from Steinbrecher Companies, Inc. in the amount of
$63,712.50 to dredge the American Legion/Railroad Drive and the
Deerfield Hill Park stormwater ponds.
4.17 Agreement for professional services to hire Spohn Ranch Skateparks to
design the Orono Park Skate Park.
Motion carried 5-0.
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 Nancy Gongoll, Volunteer
of the Month for December. He noted the following volunteering accomplishments:
• Member Elk River Alliance Board of Directors for past 25 years
■ Volunteer Arts in Harmony
• Started the Elk River United Way in the 1960's
6.2 Presentation of Life Saving Award
Chief Nierenhausen presented the staff report.
Mayor Dietz thanked everyone for all their efforts and noted the outstanding
example of team work by everyone involved
Tom Sagstetter, the numer's father, thanked everyone for saving his son.
6.3 New Employee Introductions/Promotions
Chief Nierenhausen presented the staff report.
6.4 Recognition of 30 Years of Service: Detective Sergeant Bryan Vita
Chief Nierenhausen discussed Detective Vita's history and dedication with the
department.
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December 21, 2015
Mayor Dietz read and presented a plaque to the detective.
7.1 Conditional Use Permit to Allow Trailer Sales, Big Tex Trailer World
Mr. Leeseberg presented the staff report. He noted hook up to sewer and water is
required prior to sale but this property will be leased. He stated staff was leaning
toward denial of the permit because of this and Planning Commission recommended
approval of the permit as long as the septic system was in compliance. Mr.
Leeseberg stated Council could require hook up or deny the permit. Staff was okay
with the septic system compliance condition. He asked the Council to add a 13`h
condition to the permit regarding removal of two freestanding signs.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Council further questioned the septic system.
Mr. Leeseberg stated the applicant would be required to hook up to city sewer and
water if the septic failed and the condition on the permit is sufficient to enforce the
matter.
Council noted it will be nice to see this location get cleaned up and welcomed the
applicant to the community.
The applicant noted staff was great to work with and the city process was not
complicated.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve Conditional Use Permit, Case No. CU 15-21 with the
following conditions:
1. The Conditional Use Permit shall not be recorded until all conditions have
been substantially completed.
2. The authorized use shall not begin until the Conditional Use Permit is
recorded.
3. If the authorized use ceases for more than six months, the Conditional
Use Permit shall expire.
4. 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.
5. In lieu of hooking up to city services, a certificate of compliance or notice
of noncompliance, for the existing septic system, must be signed by a
licensed inspection business or by a qualified employee certified as an
inspector who is authorized by the local unit of government. The
certificate of compliance or notice of noncompliance must be submitted to
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the local unit of government no later than 15 days after any compliance
inspection.
6. The two subject parcels shall be combined.
7. A landscape plan shall be approved by city staff.
8. Landscaping improvements shall be installed by June 1, 2016.
9. All asphalt areas be seal coated.
10. All parking stalls for trailers and vehicles shall be marked as required by
ordinance.
11. The building shall be inspected by the city's Building Official and Fire
Marshal to verify compliance with all building and fire codes.
12. Concerns identified by the Building Official and Fire Marshal shall be
addressed.
13. The two freestanding signs on the property shall be removed.
Motion carried 5-0.
7.2 Zone Change: Outlot A, Aggregate Commercial Second Addition
from Commercial Reserve Transition to Extreme Commercial
Recreation, ERX
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to January 4, 2016.
7.3 Ordinance Amendment to Allow One Additional Development Sign,
Guardian Angels
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 Wagner and seconded by Councilmember Olsen
to adopt Ordinance 15-34 amending Section 30-1584, MU -ERP mixed use Elk
River Plaza District of the Elk River City Code. Motion carried 5-0.
7.4 Interim Use Permit to Extend Temporary Office Use, LeFebvre
Companies
Mr. Leeseberg presented the staff report. He discussed concerns with the definition
of temporary. He discussed Planning Commission's concerns with meeting criteria
#4 and 7 and noted the Commission added a condition that no more Interim Use
Permits for temporary structures shall be granted.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
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Council discussed whether the applicant should be allowed future permits for other
temporary structures on the property and concerns with the structure being moved
elsewhere on the property and applying for another permit.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve Interim Use Permit, Case No. CU 15-22 with the following
conditions:
1. The Interim Use Permit shall expire on December 31, 2018.
2. No further Interim Use Permits for temporary structures shall be granted
for the property.
Councilmember Burandt expressed concerns for Condition #2
Council adjusted the condition as follows:
2. No further extension of this Interim Use Permit for temporary office
structures to be granted.
The maker and seconder accepted the change.
Motion carried 5-0.
7.5 Elk River Machine
Zone Change to Planned Unit Development
Conditional Use Permit to Establish Planned Unit Development
Zoning District
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 Olsen and seconded by Councilmember Wagner
to adopt Ordinance 15-35 amending the City of Elk River zoning map to
rezone certain property from Planned Unit Development, Light Industrial,
and Medium Industrial to Planned Unit Development with the condition that
the five parcels included in the request shall be combined to create one
parcel.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve Conditional Use Permit, Case No. CU 15-20 to create a Planned
Unit Development by Elk River Machine with the following conditions:
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1. All conditions of the Zone Change are satisfied.
2. Required building permits must be approved prior to construction
beginning.
3. Re -stripe the parking lot to delineate all parking areas and stalls.
4. Submittal of an updated site plan identifying parking and circulation
areas.
5. Submittal of an existing grading plan and a plan showing proposed
changes.
6. A PUD agreement shall be developed and signed by both parties prior to
issuance of a building permit.
Motion carried 5-0.
7.6 2016 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
Olsen to adopt ordinance 15-36 adopting the 2016 Master Fee Schedule.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 15-79 approving notice of summary publication
of Ordinance 15-36 an ordinance amending the 2016 Master Fee Schedule.
Motion carried 5-0.
8.1 2016-2020 Capital Improvement Plan
Mr. Simon presented the staff report.
Moved by Councilmember Olsen and seconded by Councilmember
Westgaard to adopt the 2016-2020 Capital Improvement Plan. Motion carried
5-0.
Council recessed at 7:08 p.m. in order to go into worksession and then reconvened
at 7:14 p.m.
9.1 Right -of -Way Tree Trimming
Mr. Thompson presented the staff report. He reviewed the purpose and samples of
tree trimming, current areas scheduled for maintenance, and the advanced notice
provided to residents.
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9.2 Public Purpose Presentation
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Attorney Beck stated courts have been very protective regarding right-of-way for
cities. He further explained there must be a benefit to the public in order to vacate
right-of-way. Attorney Beck explained public purpose as a legislative function versus
a judicial function and noted courts tend not to interfere on legislative action of a
Council. He stated a vacation can occur via the Council or through a lawsuit. He
stated Council also needs to consider the potential future benefits of a right-of-way.
Attorney Beck stated long-term non-use of a right-of-way does not mean it is in the
interest of the public to give it up. He further noted cases involving water are
considerably stronger and courts are overly protective of water access for the public.
He stated Council should not vacate Iand unless it's useless for its purpose.
Attorney Beck noted there is an alternative to giving up a right-of-way via a licensing
agreement. He stated this gives the Council more flexibility and could be granted or
taken away at any time.
9.3 Park Dedication Fee
Mr. Carlton presented the staff report.
Council discussed the pros and cons of the various options available for collecting
park dedication fees.
Staff recommendation was to keep the options for commercial/industrial and
residential collection similar for ease of operating internally.
Council consensus is as follows:
1) Calculate the fee for commercial/industrial based on the county assessor's
appraisal because their values tend to remain stable. The rate for
commercial should be calculated at 8% and at G% for industrial.
2) Obtain private appraisals for residential for a certain number of years to be
determined. Use a graduated calculation scale based on density/unit
types. Staff directed to gather pricing on private appraisals.
Councilmember Olsen expressed concerns with utilizing a private assessor because
they tend to have biases.
9.4 Attendance for Boards/Corn missions
Council discussed the current policy regarding attendance for boards. Council liked
the idea of tracking attendance on a percent of the number of meetings missed by a
board member and also tracking when a member shows up late to a meeting.
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Staff was directed to work up a sample policy to bring back to worksession for
discussion.
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Council adjourned the meeting at 8:33 p.m. but then immediately reconvened due to
the requirement of calling a motion for going into a closed meeting for labor
negotiations.
Councilmember Olsen left the meeting for a few minutes.
Mayor Dietz announced the closed meeting of the Council, pursuant to MS 13D.03,
Subd. 1(b), to consider labor -negotiation proposals from the Patrol Union, Local 231
and the Sergeant Union, Local 271 for Monday, December 22, 2015 at 8:38 p.m.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to hold the closed meeting of the Council pursuant to MS 1313.03,
Subd. 1(b), to consider labor -negotiation proposals from the Patrol Union,
Local 231 and the Sergeant Union, Local 271. Motion carried 4-0.
10. Adjournment
There being no further business, Mayor Dietz adjourned the regular meeting of the
Elk River City Council at 8:37 p.m.
Tina Allard, City Clerk
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