11-07-2016 CCM��+►- Meeting of the Elk River City Council
ver Held at the Elk River City Hall
Monday, November 7, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Parks & Recreation Director Michael
Hecker, Recreation Manager Steve Benoit, Park Superintendent Tim Sevcik,
Environmental Technician Kristin Mroz, Planning Manager Zack Carlton,
Senior Planner Chris Leeseberg, Finance Director Lori Ziemer, City
Engineer Justin Femrite and Debbie Huebner, Sr. Administrative
Assistant/Recording Secretary
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 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 11/7/2016 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember Olsen to
approve the November 7, 2016, agenda as amended. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Wagner and seconded by Councilmember Olsen to
approve the following consent agenda:
4.1 Check register, check numbers from 9871- 9874 and 98882 - 99160 as
outlined in the staff report.
4.2 Resolution 16-69, Accept Donation from Zimmerman Fire Relief Association
4.3 Deer Herd Management
4.4 Change Order: Rivers Edge Commons Pak Construction Electrical Upgrade
4.5 2017 Flexible Benefits Plan Design
4.6 Resolution 16-70, Findings of Fact Denying the Sign Variance Requests for
Gateway Church
4.7 Hire Assistant Finance Director
4.8 Sales and Marketing Agreement
Motion carried 5-0.
S. Open Forum
City Council Minutes
November 7, 2016
Page 2
Gary Santwire, 200 5' Street NW — requested City Council direct staff to review the
ordinance regarding Help Wanted signs. He asked Council to temporarily eliminate the
requirement for permits for these types of signs. He discussed problems associated with
the ordinance requirements including requiring these signs to be on a hard surface, other
location requirements, and multi -tenant building limitations. Mr. Santwire stated that
tenants do not understand why there are so many restrictions on Help Wanted signs for
tenants, when they can be found on any street corner.
Mayor Dietz asked if this issue could wait until spring to be addressed.
Mr. Santwire stated there is a lot of hiring happening now and asked if something
temporary could be done in the interim.
Mayor Dietz asked staff to look at the issue and come back in two weeks with their
findings.
Monte Jensen, 179t' Avenue — Spoke regarding his dissatisfaction with responses from
Councilmember Wagner. He also discussed his concerns with the vehicles parking near the
park in his neighborhood. He expressed his opposition to the community center
referendum, and specifically, the signs posted throughout Elk River in support of it. He
felt the signs were illegal and missing required information about whose signs they are.
Councilmember Wagner responded to Mr. Jensen's comments, stating his disagreement
with her explanation regarding his issues does not relate to the adequacy of her service.
She stated she was disappointed he has posted disparaging remarks about her on a non -city
board on the internet. Councilmember Wagner said the neighborhood park and parking
was forwarded to the Parks and Recreation Commission and Police Department and
indicated she has addressed the statements made by Mr. Jensen, in which he indicated she
had not followed up on his concerns.
Mr. Portner stated he could provide the Council background information on Mr. Jensen's
issues, if they would like it.
6.1 Distinguished Budget Presentation Award and Certificate of Achievement
for Excellence in Financial Reporting
Ms. Ziemer presented the staff report.
Motion by Councilmember Westgaard and seconded by Councilmember Wagner to
accept the Distinguished Budget Presentation Award and the Certificate of
Achievement for Excellence in Financial Reporting. Motion carried 5-0.
7.1. SCB Ventures, LLC— 14043 Business Center Drive NW
• Preliminary and Final Plat Resolution for Elk Patio Business Center 5i;zth
Addition
Mr. Leeseberg presented the staff report.
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City Council Minutes
November 7, 2016
Page 3
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 Wagner to
adopt Resolution 16-71, granting Final Plat for Elk Path Business Center Sixth
Addition, Case No. P 16-17 with the following conditions:
1. All comments in the Engineer's Memo dated October 4, 2016, shall be
addressed.
2. All comments in the Stormwater Coordinator's Memo dated October 4, 2016,
shall be addressed.
3. All comments in the MnDOT Senior Planner's Memo dated October 12, 2016,
shall be addressed.
4. 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)
5. Park Dedication shall be paid in the form of cash for 2.94 acres at the City
Council established rate when the subdivision is released for recording. The
current rate is 8% of the county assessed value which equates to $17,925 for this
application. Staff will determine the final amount when the plat is released for
recording.
6. The Final Plat shall not be recorded until the aforementioned conditions have
been completed.
7. No permits shall be issued until the Final Plat is recorded.
8. 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 5-0.
7.2 Commercial Kennel Ordinance
Ms. Simon presented the staff report.
Mayor Dietz opened the public hearing.
John Madsen, applicant — stated that staff recommended 14 days maximum overnight
stay, but Planning Commission recommends 30 days. He asked how an exception could
be allowed for those rare circumstances when longer than 30 days is needed, such as
someone on an extended vacation, or undergoing treatment for health reasons. He stated
he would recommend foster care for anyone needed more than 30 days because it would
be more cost-effective for them, but he would like to be able to make an exception for
special circumstances.
P 0 1 t R I I I I
ATURE
City Council Minutes Page 4
November 7, 2016
There being no further comments, Mayor Dietz closed the public hearing.
Councilmember Burandt stated she felt 30 days was a reasonable time period.
Councilmember Wagner stated she did not have a problem with 30 days, but suggested
they meet in the middle at 21 days. She asked staff what difference it made whether the
time period was 14 days or 30 days.
Mr. Leeseberg stated generally, multiple dogs cause more activity and more noise. Mr.
Leeseberg stated the applicant could sign out a client at the 14 days, and then re-sign them
for an additional 14 days.
Mayor Dietz asked if staff surveyed other cities.
Mr. Leeseberg stated some cities don't allow this type of business in commercial districts;
some allow with limits, and others have no limits.
Discussion followed regarding enforcement, limiting the number of dogs, and if the
number of days should be limited.
Mayor Dietz suggested taking out the reference to the number of days of stay in the
proposed ordinance amendment.
It was Council consensus that since a conditional use permit would be required for this
type of business, each potential site could be reviewed on a case-by-case basis, and based
on the size of the property.
Motion by Councilmember Burandt and seconded by Councilmember Wagner to
approve Ordinance 16-23, an Ordinance Amending Section 30-1022, C-1 Central
Business District, with the following change:
(1) No long-term boarding exceeding 30 days takes place
Motion carried 4-1. Councilmember Olsen opposed.
7.3 Renaming Woodland Trails Park to Woodland Trails Regional Park
Mr. Hecker presented the staff report.
Motion by Councilmember Wagner and seconded by Councilmember Burandt to
rename Woodland Trails Park to Woodland Trails Regional Park. Motion carried
5-0.
8.1. Johan Madsen — 503 Jackson Avenue NW
• Conditional Use Permit for Dakotah Doggy Daycare
Ms. Simon presented the staff report.
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City Council Minutes
November 7, 2016
Page 5
Motion by Councilmember Olsen and seconded by Councihnember Westgaard to
approve the request by John Madsen for a Conditional Use Permit to operate a
commercial kennel at 503 Jackson Avenue NW, with the following conditions:
1. The authorized Conditional Use Permit shall be recorded, and the use shall not
begin prior to recording.
2. Prior to recording, the city's Building Official and Fire Marshal shall inspect the
building for compliance with all state and local building codes.
3. 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.
4. All refuse collection containers shall be stored within an enclosure facility large
enough to accommodate the collection of all materials. Refuse containers and
materials must be out of sight from neighboring properties and street.
5. Update site plan to show designated pick-up/drop-off and employee parking
areas.
6. Landscaping shall be installed as shown in the submitted site plan by July 1,
2017.
7. Indoor and outdoor facilities are to be kept in a clean, dty, and sanitary
condition.
8. Indoor facilities shall be adequately ventilated and have ample light, cooling
and heating.
9. Adequate storage and refrigeration shall be provided to protect food supplies
against contamination and deterioration.
10. Waste shall be picked up immediately and disposed of in a sealed container.
11. Animals are allowed outside only under direct supervision.
12. No more than four (4) animals per supervisor shall be allowed outside the
fenced area and will be leashed at all times.
13. Outdoor play shall not be used before 7:00 a.m. or after 9:00 p.m.
14. Access to the outdoor play area will be through a door installed in the rear of the
building.
15. The outdoor play area will be screened by a six foot opaque fence. Vinyl, or
other, slats in chain link fencing shall not be used.
16. Noise shall be mitigated so as to not create a public nuisance for adjoining
properties. If a dog continuously barks, it will be brought inside.
17. A commercial kennel license from the City of Elk River must be obtained.
Motion carried 5-0.
8.2 Negative Declaration on Need for EIS for Tiller Corporation and Max
Steininger, Inc. Sand and Gravel Mines Environmental Assessment
Worksheet
Ms. Mroz presented the staff report.
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City Council Minutes
November 7, 2016
Page 6
Motion by Councilmember Westgaard and seconded by Councilmember Olsen to
adopt Resolution No. 16-72, a Resolution Declaring no need for an Environmental
Impact Statement for Tiller Corporation and Max Steiniger Inc. Sand and Gravel
Mines Environmental Assessment. Motion carried 5-0.
8.3 Hillside City Park Plan
Mr. Hecker presented the staff report.
Council discussed the project list and associated costs.
Councilmember Westgaard asked how the projects will be funded if the referendum does
not pass.
Mr. Hecker stated the costs would be worked into the annual budget until completed.
Councilmember Westgaard expressed safety concerns with adding runners/walkers to the
biking trails.
Councilmember Wagner stated having more people use the park will contribute to its
success.
Motion by Commissioner Westgaard and seconded by Commissioner Olsen to
approve the Hillside City Park Plan as presented. Motion carried 5-0.
8.4 Discuss Work Session Items
The following items were added for future work sessions:
• Blight Update
• TH 169 Signalization Enhancements/Strategy
• Joint Meeting with School Board (2017 after new members are on)
• Truck traffic on 175`s Avenue
■ Downtown parking
■ Pinewood
• Overall community facilities
■ Downtown Resources (community engagement, park improvements)
9.1 Council Liaison Updates
Council provided updates on the various boards/commissions.
Council recessed at 8:20 p.m. in order to move into a work session. The meeting
reconvened at 8:25 p.m.
10.1 2017-202 i Capital Improvements Plan
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City Council Minutes
November 7. 2016
Page 7
Ms. Ziemer facilitated the discussion of the 2017-2021 Capital Improvements Plan, as
presented in the staff report. Staff participated in the discussions and answered questions
about their specific departments.
Council recessed at 9:25 p.m. to go into a closed meeting. Pursuant to MN Statute
§13D.05, subd. 3(a), Council went into a closed meeting in order to complete a
performance evaluation for City Administrator Cal Portner at 9:30 p.m.
12. CLOSED MEETING — MN Statute §13D.05, subd. 3(a)
Per state law, Council conducted a performance evaluation of City Administrator Cal
Portner.
13. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 11:15 p.m.
Minutes prepared by Debbie Huebner
Tina Allard, City Clerk
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