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4.1 COUNCIL MEETING MINUTES (4 SETS) 09-06-2016 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 1, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Interim Finance Director Lori Ziemer, Parks and Recreation Director Michael Hecker, Environmental Technician Kristin Mroz, Planning Manager Zack Carlton, Recreation Manager Steve Benoit, Street Superintendent Mark Thompson, Engineer Justin Femrite, City Clerk Tina Allard, Arena Manager Rich Czech, Parks Superintendent Tim Sevcik, HR Representative Lauren Wipper, Library Branch Manager Will Hollerich, City Attorney Peter Beck, and Executive Secretary/Deputy City Clerk Jessica Miller 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 6:31 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 08 /01/2016 Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the August 1, 2016, agenda. Motion carried 5-0. 4. Consider Consent Agenda Councilmember Wagner made a minor correction to the July 18 minutes, page 7 with the paragraph beginning Councilmember Wagner stated she is not sure what is used to define trees. She stated she would like the ordinance to allow the applicant other options if they have a heavily wooded lot, etc. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 July 18, 2016, regular meeting minutes as amended. 4.2 Check register, check numbers 97746-97913 and 9860 as outlined in the staff report. City Council Minutes Page 2 August 1, 2016 ----------------------------- 4.3A Special event permit to the Church of Saint Andrew for their annual parish festival on Sunday, September 18, 2016, subject to the following conditions: 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 (during regular city hall business hours) to schedule an inspection for the tents. 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 secured, controlled access. 4.3B Special event permit for Mosaic Sales Solutions for an event at Walmart on Sunday, August 7, 2016, subject to the following conditions: 1. Inspection of the outside area will take place prior to each outside event when there is a tent. Applicant must contact the fire marshal at 763.635.1110 during business hours for an inspection after tent area set up. 2. The tents shall be removed within one day of the event and the site returned to its previous condition. 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 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. All food service must comply with state licensing regulations. 4.4 Hire Todd Neal for the position of park maintenance worker effective August 17, 2016, as outlined in the staff report. 4.5 Accept the addendum to the Line Avenue Traffic Operations Study. Motion carried 5-0. 5. Open Forum Mike Ring, 17830 Concord Court NW – asked the Council to look at allowing backyard chickens without having to go through the land use permitting process. He explained the land use process can be very expensive and time consuming. He would City Council Minutes Page 3 August 1, 2016 ----------------------------- recommend allowing up to six hens but no roosters. He noted Anoka, Nowthen, Otsego, Minneapolis, and St. Paul all allow hens. 6.1 Climate Smart Municipalities – Germany Tour 2016 Ms. Mroz provided a presentation on the Climate Smart Municipalities Germany Tour 2016. 6.2. GreenStep Cities Step 4 Award Ms. Mroz presented information on the GreenStep Cities Step 4 status recently awarded to the city. 8.1. Parks and Recreation Master Plan Capital Project Priorities Mr. Hecker presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to accept the priority capital projects from the Parks and Recreation Master Plan. Motion carried 5-0. 8.2 Community Center Referendum Mr. Portner presented the staff report. Mayor Dietz indicated he believes the upfront number is too high for the referendum to pass and would like to see the referendum structured so the initial taxpayer payment would not exceed $200. Mayor Dietz explained he would be interested in exploring the possibility of using school property for the community center because there would be many benefits. He noted he doesn’t want to diminish the work of the task force by suggesting a new location. He would like to have a discussion with the school district before deciding on a final location. Council consensus was for staff to meet with school district officials before the next Council meeting if possible. Councilmember Olsen expressed concerns with the senior center being located on school property. Councilmember Wagner indicated the task force vetted many locations within the city. She recalled the Council discussing renovation of the arena in its current location but the Council didn’t think there was enough room without negotiating with the school district for additional land. Councilmember Westgaard questioned if the entire amount is paid for by bonds or if grants are available. Mr. Portner stated the bond amount will be set by the referendum but projects can be added or eliminated throughout the process. City Council Minutes Page 4 August 1, 2016 ----------------------------- The Council discussed an indoor athletic facility. Council consensus was to include a second ballot question for an indoor athletic facility with synthetic turf for an amount not to exceed $4,000,000. The Council also discussed reducing the dollar amount of park priority capital projects as presented in the previous item. The Council directed the Parks and Recreation Commission to narrow the list of park projects to $2 million for the referendum. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve ballot question 1 for a $30,000,000 referendum for a community center (including $2,000,000 in park improvements) and question 2 for an additional $4,000,000 for an Olympic field house. Motion carried 5-0. 8.3 Discuss Work Session Items Mr. Portner presented the staff report. The Council asked that a joint meeting with the School Board be scheduled after new board member terms begin in 2017. 9.1 Council Liaison Updates The Council provided updates of the work of the various boards/commissions. The Council recessed at 8:19 p.m. in order to go into work session. The meeting reconvened at 8:27 p.m. 10.1 Outdoor Storage Definition and History Mr. Carlton presented the staff report. He explained staff’s recommendation is for outdoor storage to be defined as all materials, equipment, vehicles, and trailers stored outside of a building or approved outside storage area for more than 48 hours. He noted the Council could choose to allow staging for a set timeframe. Mr. Carlton indicated staff’s goal is to prevent non-designated areas from being used for outdoor storage. Staging was discussed. The Council expressed an interest in allowing staging for more flexibility for the business. Cindy Hemmer, owner of Distinctive Iron, stated raw material is delivered two or three times a day all of which is stored in outdoor storage. She indicated fabricated material is staged and loaded on a trailer for delivery so requiring seven days in between staging would be difficult for the business. Mayor Dietz questioned what the Conditional Use Permit outlines. Annie Deckert, the Decklan Group, indicated the storage staff is referring to is the product on the City Council Minutes Page 5 August 1, 2016 ----------------------------- trailers outside and doesn’t believe it is different than storing the product in enclosed trailers. Mr. Carlton explained the CUP dictates all outdoor materials and products be stored within the defined outdoor storage area and that is what the CUP enforcement addressed. The Council discussed increasing the amount of outdoor storage for industrial. Attorney Beck stated the maximum could be changed to 60% or 90%. He added the amount could be changed by ordinance or by variance on a case by case basis. He noted requiring variances would allow more flexibility. Councilmember Westgaard expressed concern with a business having to prove hardship to obtain a variance. Attorney Beck indicated the guidelines for hardship changed simplifying the proof of hardship. Council consensus was to increase the percentage of property allowed for outdoor storage in industrial with the following specifications:  The front yard setback for the zoning district shall be followed.  Outdoor storage must be screened (fence, vegetation, or berm).  Must be screened from the right-of-way and residential/commercial properties.  Screening from industrial zoning districts is not necessary.  No fence line is required along property lines abutting industrial districts. The edge of an approved surface (class V, concrete, or bituminous) is sufficient.  Designated parking areas are not included in outdoor storage areas. The Council directed staff to meet with representatives of Distinctive Iron to discuss options and bring back to Council if a solution cannot be agreed upon. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 11:36 p.m. Minutes prepared by Jessica Miller. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 15, 2016 Members Present: Acting Mayor Wagner, Councilmembers Olsen, Burandt, and Westgaard Members Absent: Mayor Dietz Staff Present: City Administrator Calvin Portner, Interim Finance Director Lori Ziemer, Fire Chief T. John Cunningham, Street Superintendent Mark Thompson, Chief Operator Matt Stevens, Community Operations and Development Director Suzanne Fischer, Building Maintenance Supervisor Gary Lore, Parks Superintendent Tim Sevcik, Liquor Store Manager Dave Potvin, Parks and Recreation Director Michael Hecker, Park Planner Chris Leeseberg, Planner BrieAnna Simon, Planning Manager Zack Carlton, City Attorney Peter Beck, Patrol Captain Darren McKernan, and City Clerk Tina Allard 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 6:00 p.m. by Acting Mayor Wagner. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 08/15/2016 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the August 15, 2016, agenda. Motion carried 4-0. 4. Consider Consent Agenda Moved by Councilmember Olsen and seconded by Councilmember Westgaard to approve the following consent agenda: 4.1 July 27, 2016, Minutes of joint meeting with Sherburne County Board. 4.2 Check register, check numbers 9861-9862 and 97914-98128 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Special Event Permit for Thumbs Up High 5K/10K scheduled for Saturday, October 1, 2016, subject to the following conditions: City Council Minutes Page 2 August 15, 2016 ----------------------------- 1. The event planner is required to notify businesses, residents, and organizations abutting the route. The city will provide a template of the notice that must be distributed. The city will also provide a list of the properties to be notified. The event planner must submit an affidavit that the notices were distributed. 2. Applicant must obtain property owner permission for use of any private property. 3. ERPD will provide two reserve officers/community service officers to assist with traffic control for the race. Applicant must contact Police Captain Darren McKernan (763.635.1202) at least two weeks in advance to arrange for police reserves. 4. Walkers/runners are to utilize sidewalks, trail systems, or road shoulders throughout the entire route. No road closures will be permitted. It is each runner’s responsibility to ensure the streets/intersections are safe prior to crossing. 5. A route marshal shall be placed every 1000 feet along the race route to keep walkers, runners, and rollerbladers on the sidewalk per MN Statute §169.21. Bike riders are permitted to ride on the shoulder of the roadway with the flow of traffic following the statutory requirement of MN Statute 169.221. Route marshals will not direct traffic. 6. Staggered start of five minutes between different race groups. 7. Registration form will include rules and regulations. 8. Race marshal shall give a safety brief to all participants prior to the start of the race explaining the rules. 9. Applicants shall be responsible for garbage clean-up immediately following the event. 10. Applicant is responsible for arranging for delivery of barricades and/or cones by contacting Street Superintendent Mark Thompson at 763.635.1122. 11. No paint allowed anywhere on route. Chalk or cones may be used on the sidewalks only. 12. Tents must meet applicable state and fire building code requirements. Applicant is responsible for contacting the fire marshal at 763.635.1110 during regular city hall business hours to schedule an inspection of the tents prior to use. 13. Applicant must provide enough portable toilet facilities through a private contractor to accommodate the expected attendance. 14. If participants don’t follow set rules, staff will reevaluate allowing both the 5K and 10K runs. 4.5 Hire Nicholas Davis to the position of part-time community service officer beginning August 16, 2016. 4.6 Promote Lori Ziemer to the position of Finance Director effective August 16, 2016. Motion carried 4-0. City Council Minutes Page 3 August 15, 2016 ----------------------------- 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month – Mayor Dietz Acting Mayor Wagner introduced, read, and presented a plaque to August Volunteer of the Month, Bruce Schmidt. She noted the following volunteer accomplishments:  Hockey Day Minnesota  Driver for Meals on Wheels  Started monthly seniors lunch and billiards at Activity Center  Arranged senior field trip to Target Field  Elk River Lions Club member  Sherburne County Fair  Board member for Elk River Pioneers town baseball team 7.1. Elk River Senior Properties (Nottingham Construction) – Lot 1, Block 1, Mulvany Point a) Zone Change from BP (Business Park) to PUD (Planned Unit Development) b) Conditional Use Permit to Establish a PUD for a Senior Housing Facility Ms. Simon presented the staff report. Acting Mayor Wagner opened the public hearing. There being no one to speak to this issue Acting Mayor Wagner closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to adopt Ordinance 16-17 amending the City of Elk River zoning map to rezone certain property from Business Park to Planned Unit Development with the following condition: 1. Conditional Use Permit CU 16-21 shall be approved and all conditions met prior to recording. Motion carried 4-0. ------------------------------------ Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve Conditional Use Permit, Case No. 16-10, to construct a 100 unit senior housing project at PID 75-656-0105 with the following conditions: 1. The Conditional Use Permit shall not be recorded until all applicable conditions have been completed. City Council Minutes Page 4 August 15, 2016 ----------------------------- 2. 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. 3. Facilities shall meet all building and fire codes. 4. All comments in the Planning Manager’s comment letter dated April 18, 2016, and the Planner’s comment letter dated July 19, 2016, shall be addressed. 5. A Planned Unit Development agreement shall be developed and signed by all parties prior to issuance of a building permit. 6. The applicant will work with staff on developing a landscape plan and foundation planting that provides for 48 trees required by ordinance. 7. The applicant will work with staff to determine the appropriate number of parking spaces required to accommodate the proposed use. 8. All refuse collection containers shall be stored within a closed enclosure facility, large enough to accommodate the collection of all materials. All refuse containers and materials shall be out of sight from neighboring properties and street. 9. A written agreement shall be obtained from the United Power Association to allow any encroachment within Easement No. 405867. 10. The area within the 25-foot wetland buffer strip from the wet pond is not to be maintained as a landscaped area (no mowing, no planting, no landscaping) and must be left to grow naturally. 11. The 25-foot wetland buffer strip area must be signed to identify the buffer edge and note that maintenance is not permitted within the area. 12. The applicant will work with the Fire Marshal to determine the appropriate location and details for fire lanes on the property. 13. Staff approval of all updated plans. Motion carried 4-0. 7.2 Venture Pass Partners – Zane Street Commons  Easement Vacation Resolution Ms. Simon presented the staff report. Acting Mayor Wagner opened the public hearing. There being no one to speak to this issue Acting Mayor Wagner closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 16-46 approving a petition to vacate a portion of the Zane Street Right-of-Way. Motion carried 4-0. 7.3 Sherburne County – 13880 Business Center Drive NW a) Easement Vacation Resolutions City Council Minutes Page 5 August 15, 2016 ----------------------------- b) Preliminary and Final Plat Resolution – Elk Path Business Center Fifth Addition c) Conditional Use Permit for Government Building Mr. Leeseberg presented the staff report. Acting Mayor Wagner opened the public hearing for all three items. There being no one to speak to these issues, Acting Mayor Wagner closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 16-47 approving a petition to vacate drainage and utility easements. Motion carried 4-0. ----------------------------------- Moved by Councilmember Olsen and seconded by Councilmember Burandt to approve preliminary plat and adopt Resolution 16-48 granting final plat approval for Elk Path Business Center Fifth Addition, Case No. P 16-13 with the following conditions: 1. Surface Water Management Fee be paid in the amount required by the city prior to releasing the Final Plat for recording. (currently$ 1, 326/ acre) 2. Park Dedication shall be paid for 8. 65 acres at the rate applicable when the subdivision is released for recording. (currently 8% of the assessed value) 3. Applicant will provide evidence of clear title to all property within the plat for Elk Path Business Center Fourth Addition before release of the plat by the city for recording. 4. Failure of the subdivider to submit the final plat within one year, unless a written request for extension has been submitted and for good cause granted by the council, shall cause the preliminary plat to become null and void. However, the subdivider may continue to final plat a phase of the approved preliminary plat within one year of each phase in order to extend valid approval of the preliminary plat. Motion carried 4-0. ------------------------------------ Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve Conditional Use Permit, Case No. 16-20 with the following conditions: 1. The authorized Conditional Use Permit shall not be recorded until all conditions have been completed. City Council Minutes Page 6 August 15, 2016 ----------------------------- 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. The applicant must apply for and receive approval for all required permits before any construction may begin. 4. Elk Path Business Center 5th Addition shall be platted prior to releasing the CUP for recording. 5. All utility equipment shall meet the standards set forth in Section 30- 1294 (e)( 3). 6. All comments in the Environmental Memo dated July 1, 2016, shall be addressed. 7. All comments in the Engineering Memo dated July 6, 2016, shall be addressed. 8. All comments in the Stormwater Coordinator Memo dated July 7, 2016, shall be addressed. Motion carried 4-0. 7.4 Paxmar (RPX LLP) – Outlots A & C, River Park and Outlot A, River Park Second Addition  Preliminary Plat – River Park Fourth Addition  Final Plat Resolution  Developer’s Agreement Mr. Carlton presented the staff report. He highlighted the transportation and access concerns for the area. Acting Mayor Wagner opened the public hearing. Eric Johnson, Planning Commission Chair - Discussed the Commission’s concerns with area traffic and having only one access point. He stated the Commission voted th to approve the preliminary plat with the requirement that 190 Avenue (the northwest connection) be under construction with a letter of credit. He stated the Commission’s favorable street connection would be the one on the southern end of the development. He stated, in his own opinion, he now finds the southern connection more favorable after seeing the traffic study presented tonight. th Alan Roessler, applicant – Stated he wants to develop River Park 4 Addition because it already has utilities in the ground. He stated he wants to construct the 2- story home lots first, but noted they are located south of the power lines. He stated th building 190 Avenue (the north connection) before the permits are issued doesn’t help him. He stated he would be willing to hold all permits to the north (on Ivanhoe Street up into what is currently developed). He stated they could post surety for th construction of 190 Avenue to begin by May 2017 with completion in November of 2017. He stated he would like to keep the surety clean and keep it in place on th River Park 4 Addition for its improvements. He stated when they install the street th this fall; they wouldn’t reduce the surety, but carry it over for 190 Avenue. He stated, for the worst case scenario, if things went bad, then the city could simply City Council Minutes Page 7 August 15, 2016 ----------------------------- come in and build a rural section road. He stated if he can’t build the lots on the south side of the power lines, he would ask the Council to continue the request th before them tonight because he is not willing to go forward with River Park 4 if he can’t get lots installed this fall. Acting Mayor Wagner closed the public hearing. Acting Mayor Wagner questioned why the developer wouldn’t want to put in Twin Lakes Parkway (the southern connection). Mr. Roessler stated it would involve a lot of costs with no services under the road. He stated they don't have a plan for that connection so they don’t know where services would be put or where the curb cuts would go. He stated he doesn’t normally put in streets unless there will be lots adjoining it. He stated he was unaware of the requirement for a southern connection until a few days before the Planning Commission meeting. Councilmember Westgaard questioned whether Twin Lakes Parkway is the connection intended to be made between the two developments in the city Comprehensive Plan. Mr. Carlton stated yes and discussed the right-of-way and road alignment already targeted for this subdivision. Councilmember Westgaard stated the southern connection makes the most sense to install in order to align with the Rivers Edge development. He stated it would provide transportation relief. He asked if it would be more expensive to construct th 190 Avenue because it does not have utilities; whereas Twin Lakes Parkway does, plus it is rough graded. Mr. Roessler stated it will be more expensive but he will have lots installed adjoining it to recoup costs. Councilmember Westgaard expressed concerns with allowing the development of these lots and not having an outlet for them. He noted the current challenges happening in the area. He stated he prefers the Twin Lakes Parkway (southern connection) as outlined in the city’s Comprehensive Plan. He expressed concerns with having one entrance/exit for this whole development and the school traffic. Mr. Roessler stated there are hurdles with the southern connection, such as easements from property owners. He stated he would prefer to move on to the Miske Meadows development if he is required to make this connection. Councilmember Westgaard stated the city needs assurances that street connections will be made for the homes that will be built. City Council Minutes Page 8 August 15, 2016 ----------------------------- Acting Mayor Wagner stated she has heard from numerous residents that a dead-end cul-de-sac is a nightmare, parking is an issue, the area is congested, and they need that road. She noted further development will bring more traffic to already full roads and the city can’t do this disservice to current residents. Councilmember Olsen concurred with Councilmember Westgaard but felt there is not enough information to know how to do it. Councilmember Burandt questioned who owns property along the southern connection that the developer would need to obtain easements from. Mr. Don Jenson (with Paxmar) stated the permitting process could take a year and a half to complete. Acting Mayor Wagner suggested an informal poll to see where the Council is at regarding the Twin Lakes Parkway connection. Attorney Beck stated Council would be required to vote on the items tonight depending on the 120-day rule or the applicant could submit a written letter asking for a withdrawal or extension. He noted this item could go to the next meeting if within the 120 days. The Council could be polled to find out where they stand. Mr. Roessler stated he would prefer this item be continued and he will then withdraw his application. Council consensus is they are in favor of the Twin Lakes Parkway connection. Councilmember Burandt stated she was hoping there could be a compromise for allowing the development of area lots south of the power lines. Mr. Jenson stated the whole point for this approval is so they can take advantage of the 2016 construction season remaining this year. He further stated it won't work unless they can start their project in September. He stated he would prefer discussion at the first meeting in September. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to continue this item to the September 6, 2016 Council meeting. Motion carried 4-0. 7.5 City of Elk River  Ordinance Amendment to Opt-Out of the Temporary Health Care Dwelling Law Mr. Carlton presented the staff report. City Council Minutes Page 9 August 15, 2016 ----------------------------- Acting Mayor Wagner opened the public hearing. There being no one to speak to this issue Acting Mayor Wagner closed the public hearing. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt Ordinance 16-18 opting out of the requirements of Minnesota Statutes, Section 462.3593. Motion carried 4-0. 7.6 City of Elk River  Zone Change – FAST Study  Ordinance Amendment to add FAST Zoning Districts to the City Code Mr. Leeseberg presented the staff report. Acting Mayor Wagner opened the public hearing. There being no one to speak to this issue Acting Mayor Wagner closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to adopt Ordinance 16-19 establishing Section 30-1587, Focused Area Study (FAST) of the City of Elk River, Minnesota, City Code. Motion carried 4-0. ---------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 16-20 amending the City of Elk River Zoning Map to rezone certain property from various zoning districts to FAST. Motion carried 4-0. 8.1. Franklin Outdoor Advertising – Outlot A, Elk Path Business Center  Preliminary Plat of KAF Acres  Resolution for Final Plat  Conditional Use Permit for Changeable Copy Sign Mr. Carlton presented the staff report. He noted the applicant would like Park Dedication and Surface Water Management Fees waived. Mr. Carlton stated staff supports the waiver of these two fees because the billboard will not have any impact to the park system and the parcel is mostly comprised of a stormwater pond. Council stated they were glad the city and the applicant could work together to find a good solution for all parties. City Council Minutes Page 10 August 15, 2016 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve Preliminary Plat, Case No. P 16-06 with the following conditions: 1. Any item or condition found that indicates the site is likely to yield information important to prehistory 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. 2. Update the plat to include the dedication of public right-of-way along the south and west 30 feet of Lot 1, Block 1, in order to facilitate the future extension of Business Center Drive and a Highway 10 frontage road. Motion carried 4-0. ---------------------------------- Council concurred they were fine with removing Condition Number 3 and 4 (as identified in the staff report) in regards to the park dedication and stormwater fees. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to adopt Resolution 16-49 granting final plat for KAF Acres, Case No. P 16-06 with the following conditions: 1. Staff approval of an updated final plat reflective of the dedicated right-of- way required as part of the Preliminary Plat. 2. The City of Elk River does not identify a benefit from the planned extension of the city street (Business Center Drive) along the south and west sides of Lot 1, Block 1, KAF Acres (as identified in the submitted plat) due to its current and anticipated use as a stormwater pond with a single billboard, and shall not be assessed for the construction of said street so long as the use remains unchanged. 3. Any item or condition found that indicates the site is likely to yield information important to prehistory 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 4-0. ---------------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve Conditional Use Permit, Case No. CU 16-16 with the following conditions: City Council Minutes Page 11 August 15, 2016 ----------------------------- 1. The Conditional Use Permit shall not be recorded until condition three has been satisfied, and the use will not be considered a legal operation until the CUP has been recorded. 2. The Conditional Use Permit is not a building permit and all required sign permits must be approved by the building department prior to any construction activities on site. 3. Submittal of plans and specifications outlining compliance with the standards set forth in Sec. 30-864 (e). Motion carried 4-0. 8.2 Highland Road Sewer and Water Connection Mr. Portner presented Mr. Femrite's staff report. Councilmember Burandt discussed this item. She stated the citizens requesting this waiver couldn't be at the meeting and asked her to give their comments. They told Councilmember Burandt they rented out this property but live in Longville, MN. They had also paid a property management company. They were licensed by the city under the rental licensing ordinance. All of their paperwork was to the Highland Avenue address in Elk River and nothing had been forwarded to them in Longville. Apparently the renters received the letters but never forwarded them to the owner. They are willing to pay for everything with selling the house but they would like relief for the interest. Acting Mayor Wagner provided Mayor Dietz’s comments noting he feels the request should be denied because is he concerned about setting a precedent for other residents and this wouldn't be fair for the rest of the taxpayers to absorb. Acting Mayor Wagner stated this is an unfortunate situation but she is also concerned about setting precedent. She stated the city did its due diligence in notifying owners and she is not in favor of waiving the interest charge. Councilmember Westgaard noted the objective of the original incentive was to get everyone hooked up to the public system but he has to agree that if this waiver is extended in the case, then it becomes a policy, which would put the city in a tough position. Councilmember Olsen concurred. Councilmember Burandt stated it wouldn’t set a precedent but rather identify an exception. She stated the waiver is not a large sum of money. She asked the attorney about granting a variance or setting a policy. Attorney Beck stated this type of request is within Council’s discretion and not a legal obligation either way. City Council Minutes Page 12 August 15, 2016 ----------------------------- Councilmember Westgaard stated he is not concerned about the money. He stated his concern is other owners will say they didn't get their letters and there would be no means to prove otherwise. He stated the Council can't pick and choose who to believe. He stated it then becomes a larger sum of money with more expense with the carrying costs. He stated accepting one waiver doesn't look bad but when you look at the bigger picture it’s a different story. He further stated it has been 8 months since the program ended. The majority of Council stated they were not in favor of making any changes. 8.3 Deer Herd Management Plan Mr. Sevcik presented the staff report. Moved by Councilmember Olsen seconded by Councilmember Westgaard to approve the Deer Herd Management Plan. Motion carried 4-0. 8.4 Resolution Supporting Woodland Trails Regional Park Funding Mr. Hecker presented the staff report. Moved by Councilmember Burandt seconded by Councilmember Olsen to adopt Resolution 16-50 supporting a grant funding request associated with the Woodland Trails Park. Motion carried 4-0. 8.5 Resolution Determining the Issuance of Bonds and Calling a Special Election Mr. Hecker presented the staff report. Council discussed the language for Question #2 in the proposed resolution. After mulling over various options, Council concurred on the language change of eliminating the terms dome facility and synthetic turf and replacing it with year-round programmable athletic space. Moved by Councilmember Olsen and seconded by Councilmember Burandt to adopt amended Resolution 16-51 determining the necessity for the issuance of general obligation bonds and calling a special election thereon. Motion carried 4-0. Council recessed at 7:49 p.m. and reconvened at 7:59 p.m. in order to go into worksession. City Council Minutes Page 13 August 15, 2016 ----------------------------- 9.1 2017 Budget Various budgets and goals were reviewed by Council as outlined in the staff report. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:58 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Special Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 8, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: Police Chief Ron Nierenhausen, Administrative Captain Bob Kluntz, Patrol Captain Darren McKernan, City Administrator Cal Portner, Interim Finance Director Lori Ziemer, Fire Chief T. John Cunningham, Deputy Chief Aaron Surratt, Building Official Bob Ruprecht, and Sr. Administrative Assistant Deborah Huebner 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 5:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. 2016 Budget Various staff reviewed their budgets and goals as outlined in the staff report. Police Chief Nierenhausen reviewed the Police budget components including administration, patrol, investigations, support, reserves and public safety building. He responded to questions from the Council regarding the proposed rotating shifts plan, computer needs, step increases/wages, and public safety building cleaning machine. Chief Nierenhausen gave a presentation in support of the department’s request for two patrol officers. Information included calls for service, training hours required, accrual of time off and coverage needs. He stated he estimated it would take approximately 5 months to hire a new officer, from the initial advertisement of the position to actually start date. Mayor Dietz asked why they don’t have enough coverage, if they are at full staff now. Chief Nierenhausen explained that because of the tragic circumstances of losing an officer, staff went without time off in order to meet staffing needs. He cautioned that is not a good situation, as officers need their time off or they will experience burn-out. He explained how the additional officers would help them provide the necessary coverage to properly serve the city. Mayor Dietz indicated the Council would take his request into consideration. City Council Minutes Page 2 August 10, 2015 ----------------------------- Fire & Building Safety Chief Cunningham reviewed the Fire Administration budget and the department’s goals, including review and update of the strategic plan and a focus on education. Chief Cunningham explained that the additional staff person request is driven by the rental program, and noted that the fire prevention specialist is currently completely booked with rental inspections. Deputy Chief Surratt and Chief Cunningham discussed the success of the fire academy. Mayor Dietz asked if the fire station study was just for Station 1. Deputy Chief Surratt stated they will look at the entire district. Chief Cunningham noted their goal is wrap up the study by the end of the summer. Deputy Chief Surratt provided detail on the Fire Operations budget. Mayor Dietz asked why the part time pay was increased substantially. Deputy Chief Surratt explained that there has been an increase in the number of fire fighters and cost of training. He stated they average 23 fire fighters showing up per call. If a third station is added, they will change to station paging, where currently they page everyone (44-45 fire fighters). He stated that they would only page the firefighters assigned to a particular station. Emergency Management Chief Cunningham stated that the budget mainly includes costs for batteries for sirens and siren maintenance. He explained that they will not be doing any siren replacements next year because of the upgrades already in place. Code Enforcement Chief Cunningham stated they have tracked 227 complaints and 114 re-inspections for follow-up on compliance. He stated their focus on education and community outreach has paid off. Chief Cunningham stated that when they discuss strategic planning, they would like to discuss blight and Council’s objective. He stated that currently, code enforcement is complaint-driven. Councilmember Olsen, asked if the department is any way connected to HRA. Chief Cunningham stated they may become more involved with the loan programs to deal with blight. Fire and Building Safety Councilmember Burandt asked for clarification on building safety codes. Mr. Ruprecht explained. He stated they do their best to insure buildings are safe. Councilmember Burandt stated that her concern is accessibility issues in existing businesses. Mr. Ruprecht stated that accessibility issues are addressed if a business needed a building permit, and they do not normally go around looking for violations. City Council Minutes Page 3 August 10, 2015 ----------------------------- Chief Cunningham noted they have had a significant increase in inspections and complaint issues due to the increase in the number of older single family homes converted to rental property. Health and Safety Chief Cunningham gave an update on this program and the Safety Committee. He stated that training is done with contractual services. He stated his goal is to staff this position to do most of this training with an in-house employee, which would save costs. Deputy Chief Surratt provided information on the confined spaces training and how critical this training can be. Chief Cunningham stated that having the Deputy Chief on board, he was able to focus on policy development; this year was safety and next year he will focus on emergency management, looking at the city’s operations plans. He stated that he believes in hands-on time in training. He explained his goal is eventually to have the staff to do various types of training, including confined spaces, OSHA 10, OSHA 30, and other types of training. Councilmember Burandt asked for an explanation of confined spaces training. Chief Cunningham explained, noting that the fire department is listed as the emergency responder for an emergency situation involving confined spaces for many types of businesses. He stated that it is necessary that officers are trained to respond. The Council recessed at 7:05 p.m. The Council reconvened at 7:10 p.m. 4. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:10 p.m. Minutes prepared by Deborah Huebner. John J. Dietz, Mayor Tina Allard, City Clerk Closed Meeting of the Elk River City Council Held at Elk River City Hall Monday, August 8, 2016 Members Present: Mayor Dietz, Councilmembers Burandt, Westgaard, Wagner, and Olsen Members Absent: None Staff Present: City Administrator Calvin Portner, HR Representative Lauren Wipper, and Interim Finance Director Lori Ziemer 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 7:12 p.m. by Mayor Dietz. 2. Closed Meeting The purpose of the meeting was Labor Negotiations – IUOE Local No. 49 MN Statutes 3D.03, Subd. I (b). 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 7:48 p.m. John J. Dietz, Mayor Tina Allard, City Clerk