08-15-2016 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, August 15, 2016
Members Present: Acting Mayor Wagner, Councihnembers 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 McKeman, 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 Councihnember
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:
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Page 2
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.
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August 15, 2016
S. 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 I, Block
I, 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.
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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
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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 Councihnember 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.
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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
to approve the preliminary plat with the requirement that 1906 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.
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
building 190th 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
construction of 190th 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
River Park 4 s Addition for its improvements. He stated when they install the street
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
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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
before them tonight because he is not willing to go forward with River Park 4's 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
190'h 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.
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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 fullroads
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.
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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.
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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:
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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. Pormer 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 be 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.
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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 yntbetic turf and replacing it with year-round
programmable athleiir 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.
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9.1 2017 Budget
Page 13
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.
Tina Allard, City Clerk
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