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4.1. DRAFT MINUTES (3 SETS) 03-03-2014 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, February 3, 2014 Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Community Operations and Development Deputy Director Manager Jeremy Barnhart, Finance Director Tim Simon, Fire Chief John Cunningham,Economic Development Director Brian Beeman, and Executive Secretary/Deputy City Clerk Jessica Miller I. Call Meeting to Order v Pursuant to due call and notice thereo ;"' e 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 02 /03/2014 Agen a; Moved by Councilmember Westgaard and seconded by Councilmember Motin to approve the February 3, 2014, agenda. Motion carried 5-0. 4. ':.,Consider Consent Agenda I%W Moved by Councilmember Wilson and seconded by Councilmember Westgaard to approve the following consent agenda: 4.1 Minutes • January 6, 2014, regular • January 6, 2014, closed 4.2 Check register as outlined in the staff report. 4.3 Special event permit to Zylstra Harley Davidson for various events in 2014 as outlined in exhibit A of the staff report, subject to the following conditions: 1. The event planner is required to notify surrounding businesses, residents, and organizations within 500-feet of the property. The city will provide a template of the notice that must be distributed. The city will provide a list of the property owners who must be notified. Event planner must submit an affidavit that the notice was distributed. City Council Minutes Page 2 February 3,2014 2. Inspection of the outside area will take place prior to each outside event when there is a tent.Applicant must contact the fire marshal at 763.635.1110 for an inspection after the tent area has been set up. 3. The tent shall be removed within one day of the event and the site returned to its previous condition. 4. Event parking may not obstruct public roadways or render them unsafe for vehicle or pedestrian traffic. 5. If traffic becomes a problem around the temporary site, the area shall be delineated with a barrier to restrict traffic. 6. No electrical services shall be across any drive or walking surface. 7. All temporary signs shall receive a permit prior to display. 4.4 Position description for street maintenance lead as outlined in the staff report. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 Recognition of Fire Officers and Oath of Office for Fire Officers Mayor Dietz recognized Captain George Anderson,Lieutenant Terry Elliot, and Lieutenant Gary Lore for their service as officers to the Fire Department. Mayor Dietz presented Lieutenant Lore with a Certificate of Appreciation. Chief Cunningham stated that Captain Anderson and Lieutenant Elliot were unable to be present and accepted the certificates on their behalf. Mayor Dietz administered the Oath of Office to Captain Timothy Marchiafava, Lieutenant Joe Evenson, and Lieutenant Mark Lees. Mayor Dietz stated that he is receiving a number of questions relating to increases in homeowner insurance premiums due to the city's ISO rating. He requested Chief Cunningham discuss this at a future televised meeting. 7.1 Sportech Forgivable Loan Mr. Beeman 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 Motin and seconded by Councilmember Burandt to approve a Forgivable Loan in the amount of$111,155.13 to Sportech and authorize the execution of associated agreements. Motion carried 5-0. P O w E R E U 9 1 1`4 U City Council Minutes Page 3 February 3,2014 8.1 Natures Edge Business Center Phase II Mr. Barnhart presented the staff report. Councilmember Motin stated he was expecting Phase II of the plan to conform to the FAST study and although he is in favor of additional industrial,he is not in favor of changing what is currently planned. He added that this change has not been mentioned at the EDA or Citizen Advisory Committee meetings and believes it is premature to exclude these groups from this discussion. Councilmember Westgaard indicated he is hesitant to allow this change because he would like to avoid spot zoning. Mr. Barnhart explained he is a proponent of adhering to plans but his impression from the EDA was that they were expecting industrial growth which is not supported in the current plan. He added that this item was not brought before the EDA and Citizen Advisory Committee due to timing of the grant application. Consensus of the Council was to make no change to the zoning of this area. 8.2 Discuss Work Session Items Mr. Portner reviewed upcoming work session discussion items as outlined in his staff report. Council recessed at 6:59 p.m. in order to go into a work session meeting. The meeting reconvened at 7:03 p.m. 9.1 Plat of Jabez Park Dedication Fees Mr. Barnhart presented the staff report. Councilmember Motin expressed concern with Elk River Ford being used as precedent for ERX. He indicated the code adopted in 1982 states it is reasonable to require the amount of land equal to 10% of undeveloped land proposed to be subdivided to be set aside for park dedication. He explained Elk River Ford was already in place and had 9 acres developed prior to adoption of this requirement in 1982; therefore,they were only charged park dedication on the additional development acreage when they replatted in 2006. Councilmember Motin further explained that ERX land has never been platted and park dedication was not discussed during the Interim Use Permit approval as the land was not proposed to be developed. He stated that based on code, ERX should pay park dedication on the entire 26.02 acres since the property has not been previously platted or developed. P O w E R E U 9 1 1`4 U City Council Minutes Page 4 February 3,2014 Councilmember Westgaard explained that he was on the Planning Commission in 2006 when Elk River Ford replatted and the rationale at the time was based on the first sentence in section 30-327 of the code. He stated his opinion is park dedication should be charged when land is being developed. Mr. Barnhart stated that the city cannot require anyone to plat and added many properties in the commercial reserve area won't need to plat or replat unless they plan to build or change their use. Mayor Dietz questioned if ERX could create oudots. Mr. Barnhart stated that yes, ERX could create oudots and park dedication is not charged on oudots until they are platted to be developed. Councilmember Wilson questioned if the Elk River Ford and ERX is an apples to apples comparison. Mr. Barnhart indicated that he considers a portion of ERX already developed;therefore,he believes it is a valid comparison based on the definition of development. Councilmember Burandt noted that she does not want to create a hardship for ERX and would like to work out a payment agreement with them. Council consensus was for ERX to be charged park dedication for the entire 26.02 acres proposed to be platted. Council also expressed an interest in working out an agreement with ERX for payment of the park dedication fees over time. Mayor Dietz disagreed stating that he believes ERX is similar to Elk River Ford and should not be charged park dedication for the portion already developed. He requested staff amend the language in the code so this issue does not happen again. 9.2 Energy City Commission Mr. Barnhart presented the staff report and reviewed the draft ordinance. Councilmember Motin suggested amending the school representative language to include a representative from a school located in Elk River. Consensus of the Council was for this item to be formally approved at the next meeting. 9.3 Planning Commission Mr. Barnhart presented the staff report. He reviewed the results of the survey. Councilmember Westgaard stated that he believes having seven members provides more diversity when considering various issues. Councilmember Motin concurred adding that seven members will be helpful when the Commission gets busier. P O w E R E U 9 1 1`4 U City Council Minutes Page 5 February 3,2014 Council concurred with the remainder of the ordinance amendments. Council consensus was for this item to be formally approved at the next meeting. 9.4 Hockey Day Minnesota Expenses Mr. Portner presented the staff report. He reviewed the city expenses and listed the items for which he felt the city should seek reimbursement. He stated that his recommendation is to seek reimbursement for only the items that are not taxpayer supported, such as the Ice Arena and items which would be charged out to other entities operating in the city. He added that many of the costs are associated with items that would have been carried out as part of our typical city services. Mr. Portner stated that he is recommending requesting reimbursement of$16,500. Mayor Dietz explained that when the city agreed to partner for Hockey Day,he realized that a majority of the expense would fall on the city. He added the school is not seeking reimbursement. He stated the event provided unparalleled advertising and marketing benefits to the city and he would like to see $4,500 of the requested reimbursement covered by the Economic Development Authority. Council consensus was to seek reimbursement in the amount of$12,000. 10. Council Liaison Updates The Council provided updates of the work of the various boards/commissions. 11. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:27 p.m. Minutes prepared by Jessica Miller. John J. Dietz,Mayor Tina Allard, City Clerk P O w E R E U 9 1 1`4 U City of Closed Meeting of the Elk River City Council Elk Held at Elk River City Hall ami River Tuesday, February 18, 2014 Members Present: Mayor Dietz, Councilmembers Wilson,Westgaard,Burandt, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Finance Director Tim Simon, and City Clerk Tina Allard Also Present: Attorney Tom Scott from Campbell Knutson I. Call Meeting To Order le Pursuant to due call and notice thereof, the meeting the Elk River City Council was called to order at 6:07p.m. by Mayor Dietz. 2. Closed Meeting Council discussed land use litigation with their attorney per MN Statute 13D.05, Subd. 3(b). 3. Adjournm ' There being no further business,Mayor Dietz adjourned the closed meeting of the Elk River Ci ._Council .t_6:38 p.m. John J. Dietz,May . Tina Allard, City Clerk VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Tuesday, February 18, 2014 Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Community Operations and Development Deputy Director Manager Jeremy Barnhart, Finance Director Tim Simon, Fire Chief John Cunningham,Planner 1 Zack Carlton,Park Planner Chris Leeseberg, City Engineer Justin Femrite, Economic Development Director Brian Beeman, City Attorney Peter Beck, and City Clerk Tina Allard I. Call Meeting to Order C X, Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:10 p. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 02 /18/2014 Agenda Council pulled Item 4.9 from the Consent Agenda and added Item 8.5 titled, -Commercial Reserve District,to the General Business portion of the agenda. Moved by Councilmember Westgaard and seconded by Councilmember Wilson to approve the February 18, 2014, agenda as amended. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve the following consent agenda: 4.1 January 21, 2014, Regular Council Minutes. 4.2 Check register as outlined in the staff report. 4.3 Hire Kristin Mroz as Environmental Technician effective February 20, 2014. 4.4 Adopt Ordinance 14-02 amending Section 2-352, Membership; Officers; Compensation of Members, and 2-355, Meetings and Rules of Procedures, Relating to the Energy City Commission. City Council Minutes Page 2 February 18,2014 4.5 Adopt Ordinance 14-03 amending Section 2-297, Membership, and 2- 299, Meetings and Rules of Procedure, Relating to the Planning Commission 4.6 Quote from Sam's Lawn Care, Inc. for Twin Lakes Road landscaping improvements at a cost not to exceed $30,625.50 4.7 Tax Increment Financing Policy outlined in the staff report. 4.8 Tax Abatement Policy as outlined in the staff report. 4.10 Hire Jake Larson as Fulltime Liquor Store Clerk effective February 19, 2014. 4.11 Purchase Skid Steer with accessories and attachments as outlined in the staff report. Motion carried 5-0. 4.9 Business Subsidy Policy as outlined in the staff report. Councilmember Motin discussed changes made to the Business Subsidy Policy by the Economic Development Authority at their 5:30 p.m. meeting. He noted that Number 23 (Section II) be incorporated into Number 1 and Number 21 so people reviewing the policy see they could still qualify for a business subsidy and may not need a public hearing and have limited reporting form requirements. Moved by Councilmember Wilson and seconded by Councilmember Motin to adopt the Business Subsidy Policy with the changes noted above. 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 Don McRae Volunteer of the Month for February. He noted the following volunteering accomplishments: • Only charter member still remaining in the Elk River Lions Club. • Helped founded the Lions Club back in 1971. • Collects eye glasses for the Lions. • Organizes 55 Alive classes for the Lions. • Assisted with conversion of the former Elk River Bank to the Elk River Lutheran Church. • Served 2 years on Elk River City Council. • Precinct caucus chair for the DFL. • Collected garbage from local highways. • Donated 14 gallons of blood. Council congratulated Mr. McRae and thanked him for his hard work. P O w E R E U 9 1 1`4 U City Council Minutes Page 3 February 18,2014 6.2 Recognition of 23 Years of Service: Liquor Store Employee JoAnn Warren Liquor Store Manager Dave Potvin discussed Ms. Warren's employment with the store and stated she makes everyone laugh every day and they looked forward to working with her. He further stated she will be missed by staff and customers. The Mayor read the proclamation and presented it to her. The Council thanked Ms. Warren for her years of service to the city. 7.1 Conditional Use Permit: Anytime Fitness, Case No. CU 14-04 Mr. Carlton presented the staff report. Councilmember Motin stated he has represented the applicant in the past but there is not benefit to him for voting on this item. 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 Burandt to approve Conditional Use Permit, Case No. CU 14-04 to Anytime Fitness to operate a physical recreation facility in the Hillside Crossing Planned Unit Development, with the following conditions: 1. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of all required permits before construction may begin. 2. The applicant must apply for and receive approval of all required sign permits before signage may be installed. Motion carried 5-0. 7.2 Lot Split: CPE Exchange, Case No. LS 14-01 Mr. Carlton 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. Councilmember Motin questioned if there is enough land in the 1.5 acre parcel to allow for a different use, such as an industrial building with sufficient parking. Staff stated yes,noting the minimum lot size in the Park is 1 acre. POW € R10 AY NATUREI City Council Minutes Page 4 February 18,2014 Councilmember Motin stated he would not be in favor of an expansion of Spectrum School in this location due to complaints he's received regarding parking and pedestrian movement. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve Lot Split, Case No. LS 14-01 to split a 4.12 acre parcel into two parcels as shown in the Minor Subdivision Survey in the staff report. Motion carried 5-0. 8.1 Quiet Zones Update and Notice of Intent Mr. Femrite presented the staff report and a presentation regarding quiet zones and the supplemental safety measures requested at each intersection by Burlington Northern Santa Fe and Federal Rail. He noted the last sentence that is a question under the Great River Energy section (page 2) in the Notice of Intent should be removed and was just an internal staff note. Council questioned if the county is supportive of quiet zones on the three county road intersections. Staff stated there is support among county staff but there have not been any conversations with commissioners yet and that this item will need to go to the county board for consideration. Moved by Councilmember Wilson and seconded by Councilmember Westgaard to approve the Notice of Intent (with the change noted above) to establish a quiet zone, and direct staff to distribute the notice to all affected agencies in accordance with Federal Quiet Zone rules. Motion carried 5-0. 8.2 Billboards Mr. Carlton presented the staff report. Councilmember Motin stated billboard advertising doesn't need to be expanded in the city. Councilmember Westgaard stated it comes down to looking at this as a principle or conditional use. He stated reducing the lot size is not the right answer because it opens up issues on the industrial development side. Councilmember Westgaard stated he doesn't want to see the billboards get as populated as they currently are on Highway 10 but he does feel they serve a purpose for local businesses for advertising. He stated by allowing a conditional use, the property would not be limited by its industrial use,which could still remain the primary purpose of the property. There was discussion on the number of billboards that would be allowed with a conditional use versus a principle use. P O w E R E U 9 1 1`4 U City Council Minutes Page 5 February 18,2014 Councilmember Burandt concurs with Councilmember Westgaard. Councilmember Wilson felt the conditional use would give the property owner more flexibility to make use of their property for a financial benefit. He stated he doesn't see this as a detriment to the community due to the number of potential signs. Mayor Dietz agreed. Staff was directed to move forward with an ordinance amendment permitting billboards as a conditional use in the I-2 zoning district. 8.3 Nature's Edge Phase II, Resolution for DEED Grant, and Select Engineer Mr. Femrite presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to adopt resolution 14-08 for Business Development Infrastructure Application. Motion carried 5-0. Moved by Councilmember Motin and seconded by Councilmember Wilson to approve up to $89,900 in professional service expenses to Hakanson Anderson and Associates, Inc. for design and construction management services on Nature's Edge Business Center Phase II. Motion carried 5-0. 8.4 Insurance Service Office (ISO) Rating Chief Cunningham presented the staff report and a presentation. Mayor Dietz stated some citizens who blame the ISO rating on increased insurance costs have contacted him and asked about this topic. He stated he contacted his own insurance company who noted the main reason for insurance increases is due to the number of claims filed in Minnesota recent history. He stated the agent further noted that an ISO rating between I and 8 would not affect insurance policy costs. 8.5 Commercial Reserve District Mayor Dietz questioned if Council would be willing to direct planning staff to start the mining study earlier than normal because there is a citizen who wants to build a large project in the area. Council concurred and directed staff to bring the scope and budget back at a future meeting. POW € R10 AY NATUREI City Council Minutes Page 6 February 18,2014 Mr. Barnhart stated he would bring Council the scope and budget of the project. He further stated he originally intended to start the project this summer when he had staff more trained into positions. Councilmember Motin stated the Comprehensive Plan Action Committee plans to put in a provision for the commercial reserve district to move forward sooner then what was originally planned. He noted this would not be a short-term plan,will take time to complete, and there may not be an answer this year for the citizen. He noted the Council has to look at what fits for the area and how the entire area will be affected for the long-term. Mayor Dietz questioned if the plan could be done by the end of year. Mr. Barnhart noted the scope would outline the expectations and it will take several months because other things need to be considered such as transportation and any potential conflicts or issues that arise during the planning process. Council recessed at 7:53 p.m. in order to go into worksession. Council reconvened at 8:00 p.m. 9.1 Board/Commission Interviews Council interviewed applicants for the various board and commission openings. Terms are valid March 1, 2014 to February 28, 2017. Moved by Councilmember Motin and seconded by Councilmember Westgaard to appoint Jim Hamann, Matt Westgaard,Jason Hoskins, and Chris Tanaka to the Energy City Commission. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Motin to appoint Lance Lindberg and Debra Mortensen to the Heritage Preservation Commission. Motion carried 5-0. Moved by Councilmember Motin and seconded by Councilmember Westgaard to appoint Brian Ballenger, Ryan Holmgren, and Michael Larson to the Ice Arena Commission. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Westgaard to appoint Michael Niziolek and James Nystrom to the Parks and Recreation Commission. Motion carried 4-1. Councilmember Motin opposed. Councilmember Motin stated he had no issues but noted he would like to give a new applicant a chance to serve on the commission. P O w E R E U 9 1 1`4 U City Council Minutes Page 7 February 18,2014 Moved by Councilmember Burandt and seconded by Councilmember Motin to appoint Jill Larson-Vito to the Planning Commission. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Westgaard to appoint Allan Nadeau to the Utilities Commission. Motion carried 5-0. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:22 p.m. John J. Dietz,Mayor Tina Allard, City Clerk POw € R10 AY NATUREI