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5.1. DRAFT MINUTES 02-19-2013MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 4, 2013 Members Present: Mayor Dietz, Counciltnembers Burandt, Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, City Engineer Justin Femrite, Environmental Administrator Rebecca Haug, Community Operations and Development Director Suzanne Fischer, Planning Manager Jeremy Barnhart, Parks and Recreation Director Michael Hecker, Chief T. John Cunningham, Chief of Police Brad Rolfe, Captain Bob Kluntz, Street Superintendent Mark Thompson, ERMU Director of Operations Troy Adams, and Senior Administrative Assistant Jennifer Johnson 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 Council Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 4 -0. 4. Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 MINUTES. • JANUARY 7, 2013, REGULAR • JANUARY 22, 2013, REGULAR 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3 APPROVAL OF NEW AND UPDATED POSITION DESCRIPTIONS FOR COMMUNITY DEVELOPMENT AND OPERATIONS DEPUTY DIRECTOR, IT SUPPORT ASSISTANT, PARKS AND RECREATION INTERN /TEMPORARY ASSISTANT, AND IT SPECIALIST. 4.4 AUTHORIZATION TO PROCEED WITH PLANNING ORDINANCE AMENDMENTS TO CHAPTER 30 REGARDING LAND DEVELOPMENT REGULATIONS AND THE ZONING MAP, AND CHAPTER 82 REGARDING VEGETATION. City Council Minutes Page 2 February 4, 2013 4.5 PEDDLER LICENSE FOR MICHELLE REMICK WITH BRAINE FREEZZE VALID UNTIL DECEMBER 31, 2013. MOTION CARRIED 4 -0. Open Forum No one appeared for open forum. 6.1 Gina Hugo Soil and Water Conservation — Emerald Ash Borer Presentation Ms. Hugo, Resource Conservationist with the Sherburne County Soil and Water Conservation District, presented a PowerPoint presentation to the Council that outlined Sherburne County's efforts in facilitating an Urban Forestry Program. This program would initiate efforts to actively assess, manage, and plan for urban forest resources in Sherburne County. One area of focus would be the increasing threat of the Emerald Ash Borer (EAB) insect to Sherburne County. Since Elk River's ash tree population is high, the threat is significant, and the insect has been detected most recently in Ramsey County. Ms. Hugo presented an overview of EAB, providing statistics and samples showing the destruction of what is referred to as "the green menace." A sample piece of wood showed the larval galleries these insects create underneath the tree bark, which eventually kills the tree. She suggested the city prepare for this infestation now in order to not only protect the community's urban forest, but to also reduce EAB's budgetary impacts, as reported by other cities across the country. By supporting the Urban Forestry Program, the city can assist in developing a preparedness plan specific to Elk River. 7.1 Resolution Ordering the Improvement and Preparation of Plans and Specifications in the Matter of the 2013 Street Improvement Project Mr. Femrite presented the staff report. Jason Wedel from WSB and Associates presented a PowerPoint presentation, outlining the project areas, project specifics, and possible costs for residential and commercial properties. Mayor Dietz opened the public hearing. Ron Ostrander, 610 and 612 Railroad Dr., asked if it was necessary to upgrade Railroad Drive if MnDOT's future plans may alter or remove this road. He asked about the recent discussion of turning the intersection into a round - about. Mr. Femrite stated the pavement condition of Railroad Drive was poor, and also lacked the proper drainage system. He stated improvements to the road would greatly improve the mobility, noting the feasibility report suggested this road be a good location for a roundabout. Jeff Stenger, of 19010 Carson St., expressed concerns with the length of time between sealcoating this road. He stated Carson St. was last treated with sealcoat in 1995. He felt the heavy trucks traveling on Carson St. during a previous street improvement project in the Baldwin Street neighborhood contributed to the road's current condition. He felt it unfair to assess the cost of the current improvements when the road was subject more than usual wear and tear, and a lack of normal maintenance improvements. City Council Minutes February 4, 2013 Page 3 Jim Stenglein, 14199 — 202nd Avenue, questioned the project cost increase compared to the cost outlined for the proposed improvements in 2010. He asked if the city had plans for future expansion of city sewer and water in this area. He felt the road didn't receive a proper initial overlay, typical maintenance, and felt it unfair to assess property owners for 100% of project costs. Mr. Femrite stated the preliminary project costs for the 2010 improvements were projected lower than what they probably should have been. He stated since this area is located outside of the urban service district, the city had no plans at this time to expand sewer and water. Alberto Sanudo, 13416 Riverview Drive and owner of 318 Irving, asked if natural gas service could be expanded into this area. He explained his property is used as a rental, and his tenants deal with higher heating costs without natural gas service. Mr. Femrite stated they will be contacting CenterPoint Energy asking them to consider expand natural gas service to this area during this project. Jean Keely, 14084 — 202 ❑d Avenue, stated she was one of the property owners that had signed the 2010 petition asking the Council at that time to not complete the street improvements. She stated the road is currently showing its age and wondered if the city should consider doing full-depth reclamation of the road instead of an overlay based upon the estimated assessment cost. She asked if the city had an estimated interest rate for the proposed assessments. She also requested an update on the potential franchise fee. Mr. Femrite stated based on the condition of the road and the additional edge deterioration, he agreed to that possibility and would ask to price out the cost of full-depth reclamation. He stated the interest rate and assessment amount would be set at the assessment hearing, scheduled for May, 2013. Mayor Dietz asked if Mr. Femrite could provide an update on the idea of a proposed franchise fee to fund the pavement management program. Mr. Femrite stated the City Council has reviewed the pavement management program and funding options over the past 7 months. The long term funding and the viability of our current system was considered and Council has discussed the most economical ways to maintain our system over the next 50 years. One option being discussed is the opportunity to fund these pavement management projects through a user fee or franchise fee. This option is being considered but it has yet to come forward for final approval. Staff is currently working on a communications plan to solicit input from the public on this option. This will include direct mailings and a blog on the city website to answer questions ahead of consideration of the Council. The Council is tentatively scheduled to consider this option mid - April, ahead of an assessment hearing for the proposed 2013 Improvement project. Currently the project has been developed to follow existing City policies and past practices with property assessments funding a portion of the project costs. Councilmember Westgaard outlined the benefits and challenges of implementing a franchise fee to fund street improvements for both residential and commercial property owners, and how to transition from the city's current policy of assessing property owners for improvement projects to imposing a monthly franchise fee, also recognizing that a property owner shouldn't pay both a franchise fee on top of already imposed assessments. He stated this would be a complete policy change for the city and will be reviewing other cities to learn how they've transitioned to a franchise fee. City Council Minutes February 4, 2013 Page 4 Councilmember Motin agreed with Councilmember Westgaard's statements and suggested that property owners for this project may be impacted by the possibility of a policy change before this street improvement is approved. Les Lundquist, commercial property owner of K&L Properties, located on Vance St., stated he built and paid for the 650' road and also paid for sewer and water, tar, curb and gutter on the road. He stated there was one layer of tar on the road but was told by the city in 2004 if he sold a lot, that he would pay to complete the road. He stated he pays the city $24,000 per year in property taxes. He doesn't want his properties to be assessed to complete the roads, especially when the roads are not used, and struggles with trying to sell the lots. Mr. Femrite explained this area is one of four in the city in which public improvements need to be completed, having only the wear course applied. The road, built in 2004, had its base course applied, but since then, nothing else has been added and as a result, the pavement is drying out and will continue to deteriorate without the wear course applied. Heidi Adamson, 426 — 3rd St., asked if the city would hold off on improvements to this area until a long -term plan was developed. She asked if there were plans to align the roads at the intersection of 3rd Street and Railroad Drive, and wondered if trees would be cut down. She stated she was shocked at the price of the assessment, and felt concerns for the other property owners, noting the number of foreclosures in the neighborhood. Mr. Wedel stated the feasibility report did not address realigning this intersection. Juanita Glen, 18746 Troy Street, near 185th Avenue, expressed concerns with previous assessments to her properties dating back to 1978, outlining amounts but unsure of the reason for the assessments. She was opposed to paying for another assessment. Mr. Femrite explained the previous assessments were to pay for the trunk mains put in place to serve as capacity to that particular property. Jerry Evjen, 13651 — 185th Ave., asked for clarification on how many properties are being assessed on 1851h Ave., and how many properties actually use the road to get to their homes, stating there are over 70 home owners that use the road to get to their homes but only 11 properties are being assessed for this project. He questioned if the city would force sewer and water services onto property owners. He noted the number of semi -trucks that use this road and questioned the road condition. He stated he is against the improvements and how his assessed cost was calculated. Mr. Wedel explained how the project cost was obtained for his property, which follows current city policy and procedure. Mr. Femrite stated there was no direction from council to request utility services be extended to the properties and wouldn't unless utilities are requested by more than one property owner. Utility improvements in this area include water main looping and storm sewer modifications. He stated the subgrade of the road is concrete from its original use as a trunk highway. He said some of the heaves in the road are the underlying joints in the concrete pavement. Diane Priyatel,11136 — 190'/2 Ave., agreed with Mr. Stenger's comments regarding the 2007 project and road damaged by heavy trucks traveling on their road. She questioned how City Council Minutes February 4, 2013 Page 5 properties are charged, interest rates, and what period of time would they have to repay the assessment. Mr. Fenuite stated current assessment policy dictates how properties are assessed, and this project is in line with past projects and policies. The amount will be determined at the public hearing in May after the project bids come back; financing options will also be explained at that time. There being no one else to speak, Mayor Dietz closed the public hearing. Councilmember Westgaard thanked property owners for their comments on this project. He stated there are more details to be worked out and proceeding this evening by ordering the improvement and preparing plans and specifications for this project, the city can gather more information to determine the real cost of this improvement. The Council may also have more information about the implementation of a franchise fee to fund future projects. Mayor Dietz asked if staff knew of payback options for property owners. Mr. Simon stated the city would offer property owners their options of repaying the assessment, including low interest rates, at the public hearing in May. Councilmember Burandt also thanked the property owners for their comments, and noted the city would look at balancing the costs with the need to upgrade the roads. She also felt it necessary to move ahead with the project in order to determine what the final costs would be. Councilmember Motin stated the maintenance on city roads is important. He stated he liked the idea of a franchise fee, but noted one downside is going to be a monthly fee on a utility bill for all property owners. Mayor Dietz stated approving improvement projects were difficult but emphasized the monetary figures discussed at this evening's meeting are not a guarantee and noted there were hurdles to overcome. He recommended moving ahead with this project to determine the final cost of these improvements. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE RESOLUTION 13 -07 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE 2013 STREET IMPROVEMENT PROJECT. MOTION CARRIED 4 -0. Mayor Dietz requested staff review the street maintenance records of both the Carson and Baldwin Streets to determine if the heavy truck use from previous road improvements contributed to the current condition of those streets. 8.1 Authorization for Ordinance Amendment Removing the Lawn Fertilizer Atinlicator Licensing Requirement Ms. Haug presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER BURANDT TO DRAFT AN ORDINANCE AMENDMENT City Council Minutes Page 6 February 4, 2013 REMOVING THE LAWN FERTILIZER APPLICATOR LICENSING REQUIREMENT FOR COUNCIL CONSIDERATION AT A FUTURE MEETING. MOTION CARRIED 4 -0. 8.2 Conditional Use Permit: Cornerstone Auto Resource for Motor Vehicle Specialty Shop at 17219 US Highway 10 NW, Case No. CU 13 -01 Mr. Barnhart presented the staff report. A handout was provided outlining the options for the repayment term. He asked council to approve the agreement, agree on the repayment term, and review and adopt the resolution formally approving the oil change facility. Councilmember Westgaard asked if the applicant was agreeable to the proposed agreement terms. Mr. Barnhart stated he sent the applicant the agreement and the handout outlining the repayment term options and the applicant stated they had no issues with it. Councilmember Motin proposed rewording item #4 in the agreement to read the following: "Cornerstone further agrees that it will not seek and will not be entitled to any additional signage beyond the signage currently in place on the main dealership building and the signage approved for the oil change facility. This condition can only be revised by an amended conditional use permit which amends this Agreement." After brief discussion and clarification, Council agreed to a four year repayment term for the period of 2013 to 2016 along with the rewording of item #4 as written above. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGREEMENT BETWEEN CORNERSTONE AUTO RESOURCE AND THE CITY OF ELK RIVER FOR PAYMENT OF STORM WATER MANAGEMENT AND PARK DEDICATION FEES AS OUTLINED IN THE STAFF REPORT AND WITH THE CHANGE TO ITEM 4 AS FOLLOWS: "CORNERSTONE FURTHER AGREES THAT IT WILL NOT SEEK AND WILL NOT BE ENTITLED TO ANY ADDITIONAL SIGNAGE BEYOND THE SIGNAGE CURRENTLY IN PLACE ON THE MAIN DEALERSHIP BUILDING AND THE SIGNAGE APPROVED FOR THE OIL CHANGE FACILITY. THIS CONDITION CAN ONLY BE REVISED BY AN AMENDED CONDITIONAL USE PERMIT WHICH AMENDS THIS AGREEMENT." MOTION CARRIED 4 -0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13 -08 APPROVING THE CONDITIONAL USE PERMIT AMENDMENT ALLOWING THE OIL CHANGE FACILITY FOR CORNERSTONE AUTO RESOURCE AT 17219 US HIGHWAY 109 NW, CASE NO CU 13 -01, AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4 -0. Mr. Rohlf asked the council if a building permit could be issued right away. He stated the plat was currently at the Sherburne County for review and signing, and would soon be recorded. He stated it would take around a week to finalize the plat but he wished for construction of the project to begin immediately. City Council Minutes February 4, 2013 Page 7 Councilmember Motin hesitated to allow issuing the building permit as he didn't want the city to set precedence, but felt this was a unique circumstance. Mayor Dietz asked if the city had any recourse should the plat not be recorded. Mr. Rohlf stated the CUP could be revoked, thereby not allowing the oil change facility to open until the plat was recorded. Mr. Barnhart agreed with Councilmember Motin. He stated the plat is on its own path and he was comfortable with issuing a building permit. Council consensus was to agree to issue the building permit with receipt of the signed agreement and first payment. 8.3 2012 Annual Report Presentation Mr. Portner presented the 2012 Annual Report to the Council. Department heads also presented specific details on their department's 2012 accomplishments. Mayor Dietz expressed his appreciation to staff for their presentation and their hard work during 2012. 8.4 Discuss Work Session Agendas Mr. Portner reviewed the work session agendas for February 11 and March 11. It was decided to move the Council liaison role discussion to the March 11 agenda. 9. Announcements Mr. Portner reminded the Council of the citizen forum scheduled for 9:00 a.m. on Saturday, February 9, at City Hall, providing an opportunity to residents of Ward 1 to meet the candidates and ask questions to the candidates interested in serving as a councilmember. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:24 p.m. Minutes Prepared by Jennifer Johnson John J. Dietz, Mayor Tina Allard, City Clerk SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 5, 2013 Members Present: Mayor Dietz, Councilmembers Westgaard, Burandt, and Motin Members Absent: None Staff Present: City Clerk Tina Allard 1. Call Meeting To Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Ward 1 Council Interviews The Council interviewed candidates who applied for the Ward 1 Council vacancy. 4. Adjournment There being no further business, Mayor Dietz adjourned the special meeting of the Elk River City Council at 7:55 p.m. John J. Dietz, Mayor Tina Allard, City Clerk