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02-03-2014 CCM City of. Meeting of the Elk River City Council ®ver 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 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 02 /03/2014 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Motin to approve the February 3, 2014, agenda. Motion carried 5-0. 4. Consider Consent Agenda 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. f 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 Forums 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. kN". ATUREIa � t � � � � r City Council Minutes Page 3 February 3,2014 8.1 Natures Edge Business Center Phase 11 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. Pw0W E R E 0 BY NATURE] i 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. f i Mayor Dietz questioned if ERX could create outlots. 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. .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. Councihnember Motin concurred adding that seven members will be helpful when the Commission gets busier. P0Wftif0 0 Y NAYUREJ 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. Portncr 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 b Jessica Miller. h*1etz, ay i i Tina Allard, City Clerk r iaw EftEU er