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07-16-2012 CCM MEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY,JULY 16, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas,Motin,Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Calvin Fortner,Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg,City Attorney Peter Beck,Police Captain Bob Kluntz, Finance Director Tim Simon, City Engineer Justin Femrite, Parks and Recreation Director Michael Hecker,Recreation Manager Steve Benoit,Parks Maintenance Supervisor Rodney Schreifels,Golf Course Manager Paul Anderson,Accountant Lori Stich,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 6:30 p.m.by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. • 3. Consider 07/16/2012 Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 JULY 2,2012, COUNCIL MINUTES. 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.4 RESOLUTION 12-31 APPOINTING ELECTION JUDGES FOR THE 2012 ELECTIONS. 4.5 RESOLUTION 12-32 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE 2012 SEALCOATING IMPROVEMENT PROJECT. 4.6 SPECIAL EVENT PERMIT AND TEMPORARY ONSALE LIQUOR LICENSE FOR CHURCH OF ST.ANDREW FOR SUNDAY, SEPTEMBER 23,2012 WITH THE FOLLOWING CONDITIONS: 1. INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE • PRIOR TO THE EVENT WHEN THERE IS A TENT. City Council Minutes Page 2 July 16,2012 2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.635.1110 FOR AN INSPECTION AFTER THE TENT AREA HAS • BEEN SET UP. 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 THAT IS FENCED IN WITH SECURED AND CONTROLLED ACCESS. 4.7 RESOLUTION 12-33 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER(SCOREBOARD DONATION). 4.8 CONTRACT WITH INSITUFORM TO SLIP LINE FROM THE MANHOLE ON YORK AVENUE TO 8TH STREET AND FROM 5TH STREET TO RUSH AVENUE FOR A COST OF $56,882.40. MOTION CARRIED 5-0. 5. Open Forum No one appeared for Open Forum. • 6.1 City of Elk River Volunteer of the Month-Mayor Dietz Mayor Dietz read and presented a plaque to July Volunteer of the Month Florence Schuldt. Some of her accomplishments include: • Volunteering at CAER food shelf • Providing Friday night dinners at the American Legion • Elk River Area Arts Affiance • Independence Day Volunteer • Liaison for Pullman Place • Member of Retired and Senior Volunteer Program • Election judge for 10 years 7.1 Host Approval Request—Spectrum High School Project Mr. 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 ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 12-34 GIVING HOST APPROVAL TO THE ISSUANCE OF CHARTER SCHOOL LEASE REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 • THROUGH 469.1651 FOR THE SPECTRUM HIGH SCHOOL PROJECT AND 1 City Council Minutes Page 3 July 16,2012 TO APPROVE PAYMENT IN LIEU OF FEES AGREEMENT IN THE • AMOUNT OF $194,276.MOTION CARRIED 5-0. 7.2 Conditional Use Permit to Amend Barrington Square Planned Unit Development to Allow Physical Recreation and Training Uses,Case No. CU 12-13 7.3 Conditional Use Permit to Allow Physical Recreation and Training Use (Dance Studio—PS Dance), Case No. CU 12-14 Mr.Leeseberg presented the staff report. Mayor Dietz opened the public hearing for both of these items. Pam Sitts, 16045 72nd Street Otsego—Stated she was available for questions. Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 12-13 TO PAMELA SITTS/P. HEINUM FOR AN AMENDMENT TO THE BARRINGTON SQUARE PLANNED UNIT DEVELOPMENT TO ALLOW PHYSICAL RECREATION AND TRAINING USES. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 12-14 FOR A DANCE STUDIO WITH THE FOLLOWING • CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. SIGNAGE REQUIREMENTS SHALL BE AS OUTLINED IN THE BARRINGTON SQUARE PLANNED UNIT DEVELOPMENT AGREEMENT. 3. ALL EXTERIOR SIGNAGE SHALL REQUIRE A PERMIT. MOTION CARRIED 5-0. 7.4 Patrick Kasper Lot Split, Case No.LS 12-01 Mr.Barnhart presented the staff report outlining the findings in staff's recommendation for denial of the request. Mayor Dietz opened the public hearing. Patrick Kasper, 16888 Highway 10—Stated he meets the ordinance requirements for a billboard. He stated the Focus Area Study does not detail where the road alignment will be in the future and there is no chance of the pond being filled in because it is on a drainage easement.He stated the buildable square feet would be 5-6,000 square feet and not the 3,000 identified by staff. He stated the land is currently not at its best and highest use and his request will be an income and tax producing parcel designed to promote local businesses. He • stated he disagreed with the condition that the fencing be removed from the property as it is needed for security for the mini-storage business. City Council Minutes Page 4 July 16,2012 Mr. Barnhart clarified that the fence doesn't need to be removed entirely but should be 1111, moved onto Parcel B. Mayor Dietz closed the public hearing. Councilmember Westgaard questioned if the stormwater pond was created as a result of the mini-storage or Mn/DOT.He questioned if it was required to contain the runoff from the pavement of the mini-storage and further expressed concerns with Parcel B being able to contain its own runoff. The reason for development of the pond was unknown at this time. Councilmember Westgaard stated there is an issue with the billboard and how it would affect the city's long-range planning. Councilmember Zerwas concurred. He further stated the Economic Development Authority and the City Council were purposeful in planning for the future of this area and it was done with great consultation and involvement of property owners through an exhaustive process. He noted the Focus Area Study was designed to direct the future development of the area and this proposal in is direct conflict with this plan and he would not support the lot split. There was discussion on future road alignment and staff noted concerns with limiting the location of a connecting road that is vital to local businesses. Mr. Barnhart noted that billboards are very protected and much more difficult to remove once they are established. Attorney Beck noted the pond would also be impacted. 4110 Councilmember Westgaard further expressed concerns with the lot being land-locked and questioned if a driveway easement would also be required.A portion of the Focus Area Study was reviewed. Councilmember Gumphrey stated that per the Focus Area Study, the drainage pond looks to be part of the development and further stated the city has spent an enormous amount of time and taxpayer money to have this Study for future planning. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO DIRECT STAFF TO PREPARE A RESOLUTION FOR DENIAL FOR CASE NO. LS 12-01 REGARDING THE LOT SPLIT REQUEST BY PATRICK KASPER. MOTION CARRIED 5-0. Staff clarified this item would come back to the City Council on Monday,August 20,2012. 7.5 Ordinance Amendment Regarding Commercial Recreation Uses.Case No. OA 12-03 Mr.Barnhart 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 GUMPHREY TO ADOPT ORDINANCE 12-11 City Council Minutes Page 5 July 16,2012 AMENDING CHAPTER 30,ARTICLE I,SECTION 30-1,DEFINITIONS,AND • CHAPTER 30,ARTICLE VI, DIVISION 7, COMMERCIAL OR BUSINESS DISTRICTS AND DIVISION 8 INDUSTRIAL AND BUSINESS PARK DISTRICTS, OF THE ELK RIVER MINNESOTA CITY CODE ALL PERTAINING TO COMMERCIAL RECREATION AND PHYSICAL RECREATION AND TRAINING USES. MOTION CARRIED 5-0. 7.6 Conditional Use Permit to Amend Elk Park Center Planned Unit Development to Allow Pawn Shops as a Conditional Use,Case No. CU 12-09 Mr.Barnhart presented the staff report. Mayor Dietz opened the public hearing. Ryan Brown, applicant—Stated he sent an invitation to all the Councilmembers to visit his stores in other cities. He stated he did not realize this item was on the agenda to be considered for denial. IV[r.Brown noted criminals will commit crime whether or not a pawn shop is located in Elk River and the difference with having the pawn shop is it's easier for police to recover items. Attorney Beck outlined the action taken by the City Council at their June 18,2012,meeting of which Mr.Brown was in attendance. Mike McDonough, 18966 Lowell Street—Stated he is opposed to a pawn shop in Elk River due to the amount of work it will create for the police. • Mayor Dietz closed the public hearing. He further asked Police Captain Bob Kluntz to speak to his knowledge of pawn shops. Captain Kluntz stated the police do have concerns about a pawn shop in Elk River.He stated pawn shops do increase workload but he can't estimate the time at this point.He further highlighted some of the details of the type of work that would be performed by the police. Councilmember Westgaard stated he didn't have any issues with the pawn shop location and felt they operate similar to a second hand store. Councilmember Motin disagreed. He stated concerns with how development surrounding this location will be impacted and how citizens will perceive the area differently. He noted he drove to the applicant's store in Ramsey and further detailed the blight he saw in the area. He stated he had no issues with the shop locating in another area of the city but didn't feel this was the appropriate location for a pawn shop. Councilmember Zerwas concurred. He further outlined why he believes a pawn shop is different from a second hand shop. He stated a pawn shop is a business known to attract criminals.He further discussed his experience with pawn shop issues when he worked for Anoka County.He noted the extra work that would be needed by the police department to track stolen goods through the various pawn shops. Mayor Dietz stated that at the last Council meeting he indicated he was in support of the • conditional use permit. He stated many citizens have since approached him with reasons as City Council Minutes Page 6 July 16,2012 to why he shouldn't support the pawn shop. He stated he has no issue with a pawn shop locating in Elk River but didn't feel this was the best location for it. • Councilmember Gumphrey concurred with Mayor Dietz and further noted the recent revitalisation of the area. Attorney Beck asked Council to review the draft resolution in the staff report. Councilmember Motin noted an additional finding with the request not meeting the city's vision and goals and that the social stigma of the shop would have an adverse impact detrimental to the businesses currently located in the Planned Unit Development. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE RESOLUTION 12-35 DENYING AN APPLICATION FOR A CONDITIONAL USE PERMIT TO AMEND THE ELK PARK CENTER PLANNED UNIT DEVELOPMENT TO ALLOW PAWN SHOPS AS A CONDITIONAL USE AND DIRECTING STAFF TO ADD THE FINDING DISCUSSED ABOVE. MOTION CARRIED 4-1. Councilmember Westgaard opposed. 7.7 Conditional Use Permit to Operate Pawn Shop (Twin City Pawn) at 19179 Freeport Street, Case No. CU 12-10 Attorney Beck recommended a motion of denial based on pawn shops not being an allowed use in a Planned Unit Development. MOVED BY COUNCILMEMBER ZERWAS TO DENY CONDITIONAL USE • PERMIT, CASE NO. CU. 12-10 TO OPERATE A PAWN SHOP ON THE GROUNDS THAT IT IS NOT PERMITTED BY THE PLANNED UNIT DEVELOPMENT. It was noted that the public hearing for this item was continued from the last meeting. Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor Dietz closed the public hearing. COUNCILMEMBER MOTIN SECONDED THE MOTION.MOTION CARRIED 5-0. 7.8 Nature's Edge Business Park 1. Resolution Approving Final Plat 2. Ordinance Approving Zone Change 3. Resolution for Easement Vacation (Right-of-Way) 4. Resolution for Easement Vacation (Drainage and Utility) Mr.Barnhart presented the staff report. Mayor Dietz opened the public hearing. Larry Morrell, 841 Line Avenue—Noted he is the adjacent property owner and expressed concerns with having to relocate his business. He reviewed how his business used to be • located on School Street and that he had to relocate once before. He further questioned the City Council Minutes Page 7 July 16,2012 type of businesses that would go in the business park. Mr. Morrell stated he would like to • save the trees as a buffer and he may be interested in purchasing some of the land as buffer protection. He expressed concerns with the new businesses complaining about his business (due to noise from his trucking operation). Staff reviewed the type of business uses that could locate in the business park. Council directed Mr. Morrell to meet with economic development staff regarding his interest in purchasing property. It was noted that the Council has been planning for the business park for the past few years and that the public and surrounding business owners had been invited to public hearing meetings Engineering staff offered to meet Mr. Morrell on the site to review the area. Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-36 GRANT FINAL PLAT APPROVAL FOR NATURE'S EDGE BUSINESS CENTER, CASE NO. P 12-02 AS ILLUSTRATED ON DRAWINGS DATED JULY 11,2012 WITH THE FOLLOWING CONDITIONS: 1. ACCESS CONTROL SHALL BE DEEDED TO MNDOT FROM OUTLOT B. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS,AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE RESIDENTS. 3. A WETLAND BUFFER OF 25-FEET APPLIES TO ALL WETLANDS AND A STRUCTURE SETBACK OF 20-FEET FROM THE BUFFER APPLIES. AN EXHIBIT SHALL BE PREPARED AND INCLUDED IN THE LITERATURE PROVIDED TO POTENTIAL BUYERS. 4. WETLAND BOUNDARIES SHALL BE POSTED IN A MANNER ACCEPTABLE TO THE ENVIRONMENTAL ADMINISTRATOR. 5. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT,THE FOLLOWING EASEMENTS SHALL BE PROVIDED: A. A 25-FOOT EASEMENT ADJACENT TO THE OUTSIDE EDGE OF DELINEATED WETLANDS TO NOTE,PRESERVE AND PROTECT THE REQUIRED NO-TOUCH BUFFER. B. A 20-FOOT PEDESTRIAN EASEMENT ADJACENT TO THE 25- FOOT EASEMENT ON THE OUTSIDE EDGE OF THE DELINEATED WETLANDS TO PROVIDE FOR THE FUTURE CONSTRUCTION OF A PEDESTRIAN AMENITY. 6. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 7. THIRTY-FOUR SHADE TREES SHALL BE ADDED ALONG THE TRAIL ON THE EAST SIDE OF TWIN LAKES ROAD. 8. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: A. IN THE FORM OF CASH FOR 19.12 ACRES AT THE RATE • APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. (CURRENTLY$2,485 PER ACRE) City Council Minutes Page 8 July 16,2012 9. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE)AS REQUIRED • BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 10. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER ONE YEAR,UNLESS THE PROPERTY OWNER OR OWNER'S AGENT HAS SUBMITTED A FINAL PLAT OR LETTER OF REQUEST FOR EXTENSION. MOTION CARRIED 5-0. Councilmember Gumphrey expressed concern with the rezoning limiting what Mr.Morrell could do with the property he wished to purchase. Attorney Beck stated Mr.Morrell could amend his Planned Unit Development agreement. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 12-12 AMENDING THE ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM LIGHT INDUSTRIAL AND HIGHWAY BUSINESS TO BUSINESS PARK AND HIGHWAY BUSINESS, CASE NO. ZC 12-03. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-37 FOR VACATING ROAD RIGHT-OF-WAY, CASE NO. EV 12-01. MOTION CARRIED 5-0. • MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-38 FOR VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 12-01. MOTION CARRIED 5-0. 8.1 Modifications to Jackson Avenue at TH 169 Mr. Femrite presented the staff report. There was discussion regarding traffic counts and the amount of traffic at peak times at this location. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO EXECUTE A COOPERATIVE AGREEMENT WITH MN/DOT AND FUNDING UP TO $35,000 TO ADD A RIGHT-TURN LANE AT THE INTERSECTION OF TH 169 AND JACKSON AVENUE. MOTION CARRIED 5-0. 8.2 Set Primary and General Election Canvassing Board Meetings Ms.Allard presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO SET THE PRIMARY ELECTION CANVASS • MEETING FOR AUGUST 10,2012,AT 8:00 A.M.AND THE GENERAL City Council Minutes Page 9 July 16,2012 ELECTION CANVASS MEETING FOR NOVEMBER 13,2012 AT 6:30 P.M. IIIMOTION CARRIED 5-0. 9. Announcements Bgond the Yellow Ribbon Mayor Dietz noted that Elk River has been officially designated as a Yellow Ribbon city and that Governor Mark Dayton will be speaking at the August 23 Riverfront Concert. The Council recessed at 8:20 p.m. and reconvened in worksession at 8:25 p.m. 10.1 Budget Worksession Various parks and recreation staff reviewed their goals and budget requests for 2013. Staff was directed to review the liability issues and the costs to remove the lighting at Kuss Field. The administrative services and library budgets were delayed to a future meeting. 11. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:28 p.m. Fs' fi t III .J Eohn J Dietz,Ma . A 0 Tina AI ard,City Clerk III