4.1. DRAFT MINUTES (1 SET) 03-06-2017 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Tuesday, February 21, 2017
Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,Westgaard, and Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Planner BrieAnna Simon,
Planning Manager Zack Carlton, Senior Planner Chris Leeseberg,
City Engineer Justin Femrite, City Attorney Peter Beck, and
Executive Secretary/Deputy City Clerk Jessica Miller
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 6:00p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recit
3. Consider 02/21/2017 Agenda
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Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the February 21, 2017, agenda. Motion carried 5-0.
4. Consider Consent Agenda
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Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the following consent agenda:
Minutes `
■ February 6, 2017, Regular
■ February 8, 2017,Visioning Workshop
4.2 Check register, check numbers 100247-100658 as outlined in the staff
report.
4.3 Pay estimates as outlined in the staff report.
4.4 Special event permit to the Sherburne County Sheriffs Office for a 5K
on Saturday, May 6, 2017, subject to the following conditions:
1. The event planner is required to notify property owners 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 property
owners who must be notified. Event planner must submit an
affidavit that the notice was distributed.
2. Walkers/runners are to utilize sidewalks, trail systems, or road
shoulders throughout the entire route. No road closures will be
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permitted. It is each runner's responsibility to ensure the streets
and intersections are safe prior to crossing.
3. Race marshals must be placed at the intersections of Orono
Road/Orono Parkway and Orono Road/Mississippi Road.
4. Applicant shall be responsible for garbage clean-up immediately
following the event.
5. No paint allowed anywhere on trails. Chalk or cones may be used.
6. Applicant must contact Police Captain Darren McKernan
(763.635.1202) at least three weeks prior to the event to arrange for
police services.
7. Any sign larger than 4-square feet requires a temporary sign
permit.
4.5 Resolution 17-09 requesting Great River Regional Library calculate the
cost to expand their library hours for the Elk River Library.
4.6 Appoint Andy Soltvedt to the Parks and Recreation Commission for a
term beginning March 1, 2017, and expiring February 28, 2020 and
Guenther Sagan as the Parks and Recreation Commission
representative to the Arena Commission for a term beginning
immediately and expiring February 28, 2020.
4.7 A change to the traffic control at the intersection of Waco Street and
Business Center Drive from an All-Way Stop controlled intersection to
a Stop controlled only intersection on Business Center Drive.
4.8 Resolution 17-10 designating a No-Parking Zone on the south side of
Business Center Drive adjacent to the Sherburne County Government
Center property at 13880 Business Center Drive.
4.9 Plans and specifications and authorize the advertisement for bids in
the matter of the 2017 Street Improvement Project as outlined in the
staff report.
4.10 Planned Unit Development Agreement for Miske Meadows.
Motion carried 5-0.
S. 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 Dylan Church,Volunteer
of the Month for February. He noted the following volunteering accomplishments:
• Groomer for winter ski and walking trails at Woodland Trails Regional Park
• Part of the winter tree cutting crew at Woodland Trails Regional Park
• Member of William H. Houlton Conservation Planning Committee
• Participates in the annual buckthorn removal at Bailey Point Nature Preserve.
• Volunteer coach for ISD 728 youth NASP archery program.
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• Involved in a number of volunteer activities at Elk River Sportsman Club.
• Worked at five Eagle Scout projects in Elk River city parks.
• Participated in scouting for 16 years, earning Eagle Scout status in 2013.
Dave Anderson also recognized Mr. Church for his outstanding accomplishments in
Elk River.
7.1. Zone Change and Conditional Use Permit to Allow Gravel Mining,
Max Steininger, Inc.
7.2 Tiller Corporation for Zone Change Adding ME Overlay District and
Conditional Use Permit for Mineral Excavation
Ms. Simon presented the staff reports for 7.1 and 7.2 together.
Mayor Dietz opened the public hearings for both items. There being no one to speak
to these issues,Mayor Dietz closed the public hearings.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt ordinance 17-02 amending the Zoning Map to add the Mineral
Excavation Overlay District to certain property when conditional use permit
17-02 is approved and all conditions met prior to recording. Motion carried 5-
0.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the request by Max Steininger, Inc. for a Conditional
Use Permit (CUP) with the following conditions:
1. If the proposed work described in the application and CUP is not
substantially completed within two years of the CUP's date of approval,
the permit shall expire and become void.
2. The CUP shall expire if the authorized use ceases for more than six
months. Failure to obtain an annual license will be evidence of cessation
of use.
3. The applicant must apply for and receive approval of all required permits
before any construction may begin.
4. A Mineral Extraction License shall be obtained annually.
5. Setbacks of 50 feet from Baldwin Ave and the northern property line shall
be maintained. Setbacks of 30 feet from US Hwy 169 shall be maintained.
Setback of 30 feet from the southern property line, unless mining
collaboration agreement across property lines is confirmed. No mining
activity shall be permitted within the setback area without staff approval.
6. The need of buffering and/or screening in light of surrounding land uses
shall be evaluated at the time of annual license renewal and shall be
installed when directed by the city to protect surrounding land uses.
7. The applicant shall be responsible for the cost and construction of
necessary and reasonable road improvements related to the project, as
deemed necessary by the City, Sherburne County or MnDot. The City
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reserves the right to require the applicant to pay for road maintenance of
haul routes.
8. The applicant shall work with the city engineer to locate the berming
along Baldwin Street NW.
9. Wash operations shall not be permitted unless a plan for protecting
ground water and surrounding environment is approved by the city's
environmental consultant.
10. Dust control is required for all roads and within the site in accordance
with air pollution standards and to ensure dust does not create a public
nuisance or otherwise adversely affecting adjacent properties.
11. All activities on the site shall be conducted in a manner that is consistent
with operating permits issued by the city, county, state, federal and other
agencies. A copy of any and all permits related to the operation of the site
shall be submitted to the city for their reference.
12. Vehicles and equipment not in operable condition or materials not
associated with the mineral extraction/excavation activity shall not be
kept or stored at the site.
13. The site shall be mowed or maintained to control noxious weeds and
other vegetation. Existing trees and ground cover shall be preserved to
the maximum extent possible.
14. Fencing shall be installed during extraction operations to ensure the
safety of the public and environment as determined by the city engineer
and environmental staff.
15. Hours of operation shall be allowed to be six (6) days a week, 24 hours a
day, Sundays and holidays excluded.
16. A reclamation plan that reflects the 61.3 acres operation shall be
approved by the city and completed within six months of cease of
operation.
17. A letter of credit or bond in the amount of$153,250 shall be provided to
ensure reclamation is completed within six months of cease of
operation.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt ordinance 17-03 amending the Zoning Map to add the
Mineral Excavation Overlay District to certain property, with the condition
conditional use permit CU 17-01 is approved and all conditions are met prior
to recording. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the request by Tiller Corporation for a conditional use permit to
allow mineral excavation activities with the following conditions:
1. If the proposed site improvements described in the application and CUP
have not been substantially completed within two years of the CUP's date
of approval, the permit shall expire and become void.
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2. The CUP shall expire if the authorized use ceases for more than six
months. Failure to obtain an annual license will be evidence of cessation
of use.
3. The applicant must apply for and receive approval of all required permits
before any construction may begin.
4. A mineral extraction license shall be obtained annually.
5. Setbacks of 50 feet from Baldwin Ave and PID#75-103-3100 shall be
maintained. Setbacks of 30 feet from US Hwy 169 and PID#75-103-4201
shall be maintained. Setback of 30 feet from the north property line, unless
mining collaboration agreement across property lines is confirmed. No
mining activity shall be permitted within the setback area without staff
approval.
6. The need of buffering and/or screening in light of surrounding land uses
shall be evaluated at the time of annual license renewal and shall be
installed when directed by the city to protect surrounding land uses.
7. The applicant shall be responsible for the cost and construction of
necessary and reasonable road improvements related to the project, as
deemed necessary by the City, Sherburne County or MnDot. The City
reserves the right to require the applicant to pay for road maintenance of
haul routes.
8. The applicant shall work with the city engineer to locate the berming
along Baldwin Street NW.
9. Wash operations shall not be permitted unless a plan for protecting
ground water and surrounding environment is approved by the city's
environmental consultant.
10. Dust control is required for all roads and within the site in accordance
with air pollution standards and to ensure dust does not create a public
nuisance or otherwise adversely affecting adjacent properties.
11. All activities on the site shall be conducted in a manner that is consistent
with operating permits issued by the city, county, state, federal and other
agencies. A copy of any and all permits related to the operation of the site
shall be submitted to the city for their reference.
12. Vehicles and equipment not in operable condition or materials not
associated with the mineral extraction/excavation activity shall not be
kept or stored at the site.
13. The site shall be mowed or maintained to control noxious weeds and other
vegetation. Existing trees and ground cover shall be preserved to the
maximum extent possible.
14. Fencing shall be installed during extraction operations to ensure the safety
of the public and environment as determined by the city engineer and
environmental staff.
15. Hours of operation shall be allowed to be six (6) days a week, 24 hours a
day, Sundays and holidays excluded.
16. A reclamation plan that reflects the 63 acres operation shall be approved
by the city and completed within six months of cease of operation.
17. A letter of credit or bond in the amount of$157,500 shall be provided to
ensure reclamation is completed within six months of cease of operation.
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Motion carried 5-0.
7.3 Northern Tiny Builder, Inc. for Conditional Use Permit to Allow
Outdoor Storage of Vehicles, Tiny Homes; Bus and Trailer
Maintenance and Repair; and a Residential Use
This item was withdrawn by the applicant.
7.4 City of Elk River for an Ordinance Amending the City's Sign Code as it
Relates to Permitted Signage and Enforcement
Ms. Simon 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 17-04 amending Chapter 30 regarding signage.
Motion carried 5-0.
7.5 Ordinance Amendment Relating to Dumpsters and Portable Storage
Containers in City Right-of-Way
Mr. Leeseberg presented the staff report.
Councilmember Ovall questioned which cities were surveyed for this item. Mayor
Dietz concurred he would like this information. Mr. Leeseberg indicated he was
given the information from another staff member but he can get the information. He
noted the information will vary greatly from city to city.
Councilmember Ovall questioned if there is a process in place to have a portable
storage container or dumpster for less than 48 hours. He explained he feels the
permit fee and escrow amount seem high and the process seems cumbersome. He
explained he doesn't like the assumption of guilt and this process doesn't seem
welcoming.
Mayor Dietz questioned who is responsible for damage. It was noted the
homeowner will blame the dumpster company and the dumpster company will
blame the homeowner. Mayor Dietz stated he agrees with some form of payment up
front that is refunded right away upon removal of the portable storage or dumpster.
Mr. Leeseberg indicated the $100 permit fee is consistent with a street disruption
permit and the escrow is half of what is collected for planning applications. He noted
there is only a few times where portable storage or dumpsters would be allowed on
the street.
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Councilmember Westgaard questioned if the permit fee and escrow for the portable
storage or dumpsters could be combined with another permit if applicable so fees
and escrows are not duplicated. He noted these are requests for portable storage and
dumpsters in the right-of-way and he would like the city to be covered against any
infrastructure damage.
Councilmember Ovall feels that we are managing for the exception and creating
unnecessary processes for only a few requests each year. He questioned if damage
could be assessed to the property owner. Attorney Beck stated he will research the
issue and get back to the Council but he noted the assessment process isn't an easy
process either.
Mayor Dietz stated he is not comfortable not having a process in place until we
figure out another way to collect money for damage.
Councilmember Wagner questioned if portable storage and dumpsters are currently
allowed in the street. Mr. Leeseberg explained that is what the ordinance would
regulate.
Councilmember Wagner indicated she agrees residential storage or dumpsters should
be placed on the property owner's property if possible but if they must be in the
street she has no issue with the permit process. She noted she would like to see
additional information to justify the fee and escrow.
Councilmember Olsen agrees there should be some process for managing storage
and dumpsters in the street.
8.1. Region 7W and Local Transportation Update
Mr. Femrite presented an update on the status of various plans and projects affecting
the Elk River Area.
The Council discussed looking into quiet zone alternatives and asked Mr. Femrite to
look in to a couple different options and bring the information back once firm
funding information is received from Region 7W.
8.2 Engineering Standard Details Update
Mr. Femrite presented the staff report.
Moved by Councilmember Olsen and seconded by Councilmember
Westgaard to approve updates to the Engineering Standards as outlined in
the staff report. Motion carried 5-0.
8.3 Franchise Fee Legislation
Mr. Femrite presented the staff report.
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Mr. Portner added this legislation is not in the best interest of tax payers and it is
important for Council and staff to tell Elk River's story about franchise fee success
with legislators.
The Council recessed at 7:18 p.m. in order to go into work session. The meeting reconvened
at 7:26 p.m.
9.1 Concept Review for the Saxon Motors Property, Elk River Lodge and
Residential Suites, LLC
Councilmember Ovall recused himself from this discussion as he represents the
lender for this project.
Mr. Carlton presented the staff report. He noted this project appears to be consistent
with the city's visioning and plans for the area adding the Department of Natural
Resources will also need to review the plan because the project is within a Wild and
Scenic area.
Mayor Dietz questioned which agency determines floodplain encroachment. Mr.
Carlton explained minimal improvements can be made without obtaining state
approval.
Councilmember Westgaard indicated the rendering appears to be consistent with the
city's vision for the area. He noted he has no issue with vacating the current right-of-
way to support this project.
Councilmember Westgaard indicated it would be good to have the Parks and
Recreation Commission review the plan for trail connectivity from downtown Elk
River to downtown Ramsey. Mr. Briggs stated he is open to trail discussion noting
the type of surface could have a significant impact on cost.
Mr. Briggs indicated improvements to Elk River Lodge would be phase 1 including a
new garage and exterior painting. He plans to complete phase 1 in 2017 with phase 2
started in 2018. He noted additional phasing would depend on market demand.
By consensus, the Council was in support of this project moving forward.
9.2 International Student Internship Direction
Mr. Portner stated the city has an opportunity to host an environment engineering
intern from Germany this May through September. He indicated many of the
student's interests are compatible with our Energy City program and there are many
tasks he could complete related to ClientSmart Municipalities.
He explained there is a maximum cost of$6,500 associated with hosting the student
but noted the city is not responsible for the entire amount and the city's contribution
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can be determined by the Council. Mr. Portner noted the city has savings from Ms.
Mroz's position that could be used.
Council consensus was for staff to pursue the inbound internship and for Mr.
Portner to bring back financial details on a future consent agenda.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:54 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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