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10-06-2014 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, October b, 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 Jeremy Barnhart, finance Director Tire Simon, Fire Chief John Cunningham, Communications Coordinator RaeAnn Gardner, Park Planner Chris Leeseberg, City Attorney Peter Beck, Street Superintendent Mark Thompson, Economic Development Specialist Colleen Eddy, Parks and Recreation Director Michael Hecker, and City Clerk Tina Allard 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 10 /06/2014 Agenda Mayor Dietz added discussion about roundabouts. Moved by Councilmember Motin and seconded by Councilmember Wilson to approve the October 6, 2014, agenda as amended. Motion carried 5 -0. 4. Consider Consent Agenda Moved by Councilmember Westgaatd and seconded by Councilmember Wilson to approve the following consent agenda: 4.1 September 8, 2014, Special City Council and September 15, 2014, Regular City Council minutes. 4.2 Check register as outlined in the staff report. 4.3 Memorandum of Understanding with Sherburne County Soil and Water Conservation District for the completion of Lake Orono Sub - watershed Assessment. 4.4 Northern Natural Gas Encroachment Agreement for crossing a pipeline easement with improvements in Nature's Edge Center Phase 2. City Council Minutes Page 2 October 6, 2014 4.5 Resolution 14 -56 adopting the 2014 Comprehensive Plan. 4.6 Recording of Satisfaction of Mortgage Agreement to Thomas and Sara Hartman for Document No. 35992. 4.7 Ordinance 14 -10 amending Section 34 -32 regarding Chief of Police (supervision and control in his absence) 4.8.A Planned Unit Development Agreement for Kliever Lake Fields Fifth Addition. 4.8.13 Model Home Agreement for Kliever Lake Fields 5`s Addition. 4.9 Position Description for Economic Development Director Motion carried 5 -0. S. Open Forum No one appeared for Open Forum. 6.1 Oath of Office, Deputy Chief of Operations Aaron Surratt Chief Cunningham provided a history of the Fire Department along with a history on Mr. Surratt's background. Mayor Dietz administered the oath of office to Mr. Surratt. His son Colt pinned his badge on him. 6.2 Open Doors for Youth — Cheryl Wold Ms. Wold discussed a non - profit, Open Doors for Youth, and noted they are looking to locate in Elk River. She discussed their mission as it relates to youth homelessness, their needs, and the collaborations they've established with local organizations. She noted their current challenge is finding a location. She stated they need a rent free site and could possibly open in January. 6.3 Resolution Recognizing Public Power Week Mayor Dietz read the resolution. Moved by Councilmember Wilson and seconded by Councilmernber Motin to adopt Resolution 14 -57 recognizing public power week, October 5 -11, Elk River Municipal Utilities helps our community in powerful ways. Motion carried 5 -0. 6.4 Proclamation: Manufacturer's Week Mayor Dietz read the proclamation for Manufacuturer's Week. Ms. Eddy reviewed the staff report and invited everyone to events revolving around the week. I O 1 1 R I a I r MI City Council Minutes October 6, 2014 Sage 3 Moved by Councilmember Wilson and seconded by Councilmember Westgaard to proclaim October 20 -25, 2014 as Manufacturer's Week. Motion carried 5 -0. 6.5 Proclamation: National Community Planning Month Mr. Barnhart explained the purpose and need for planning. Mayor Dietz read the proclamation. Moved by Councilmember Motin and seconded by Councilmember Burandt to proclaim October as National Community Planning Month. Motion carried 5 -0. 7.1 Preliminary Plat: Roger Derrick[Washington Street Investors, LLC for West Oaks Fifth and Sixth Additions Mr. Leeseberg presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wilson to continue this item and its public hearing to October 20, 2014. Motion carried 5 -0. Councilmember Motin questioned if Council would be able to continue the deadline further after the October 20`s review in case there is an item in the project they would like changed. Attorney Beck stated staff could a-sk the applicant for a 30 -day extension. 8.1 Donation Agreement for Houlton Farm Mr. Hecker presented the staff report. He also introduced Bob McGillivray with The Trust for Public Land. Mayor Dietz questioned how the DNR feels about the hunting rules for this parcel and when the park would be able to open to the public. Mt. Hecker stated the park would open in late 2016 for hiking and then six months later open for hunting. Mr. McGillivray stated the DNR indicated to him they would be amendable to the two rules Council would like to see as part of a hunting plan for this parcel: 1. a 500' no firearm discharge setback from the property line 2. no single projectile rule (no rifles or handguns) aIIF0FI I9 NAT LWEJ City Council Aautes October 6, 2014 Page 4 Mr. McGillivray further stated the DNR wants to see the entire hunting plan before giving final approval. Mayor Dietz questioned if the DNR would put this information in writing. Mr. McGillivray stated the DNA wants to see an entire hunting plan completed by the city before officially approving it. Councilmember Motin questioned if the rules could be added as a contingency to the donation agreement being presented tonight. He stated he is not comfortable with relying on a discussion about the rules and noted things tend to change when various interest groups participate in a project of this type. He stated because ultimate approval of the rules lies with the DNR, he would like assurances these two hunting rules will be in place before accepting ownership of the land. Mr. McGillivray stated he doesn't believe this can happen due to the current project schedule and felt there should be public input before a final hunting plan is adopted. Councilmember Wilson stated he agrees the two hunting rules need to be in place for this parcel, but he doesn't agree with Councilmember Motin about needing language in the donation agreement because it may cause the city to lose the property. Mayor Dietz asked Mr. McGillivray if, in his experience, the DNR tends to be cooperative with property owners of public hunting land. Mr. McGillivray stated yes. Councilmember Motin further questioned if Mr. McGillivray knows of any experiences where the DNR has not cooperated. Mr. McGillivray stated he is not aware of any such situation. Attorney Beck questioned if there would be an issue, if a condition was placed on the Donation Agreement, that there be no hunting on the land until a hunting plan has been adopted by the DNR. Mr. McGillivray stated adding conditions creates a problem for him in that if something were to go bad with the deal, he wouldn't want the property back if those conditions weren't met. He further stated the city owns the property and would be able to control use of it until a hunting plan is in place. Councilmember Motin questioned why the land would go back to Mr. McGillivray if he felt confident enough that the DNR would accept these two hunting rules. E 0 N E R f e R 7 NATUREJ City Council Minutes Page 5 October 6, 2014 Attorney Beck stated the Council could approve the agreement as is and then adopt a separate motion stating there will be no use of the parcel until a. hunting plan is adopted and approved by the DNR. Mayor Dietz stated he is willing to trust Mr. McGillivray's comments regarding his discussions with the DNR about incorporating the two rules into a hunting plan for this parcel. Otherwise, he is worried the city will lose this land. Ashle Horton, 1703 Main Street - Stated she is concerned with the DNR 500' rule because it is so close to her yard and she is concerned for the safety of her child. She expressed concerns with only enforcing the hunting regulations by signage and noted they often deal with fishermen who ignore private property signs. She further commented many of her neighbors may not have shown up to express their concerns this evening because the flyer distributed by the city didn't mention the park would allow hunting. Councilmember Motin stated a contingency regarding DNR approval of the two hunting rules should be part of the agreement. He stated he doesn't understand why the DNR can't send a letter stating they agree with the two hunting rules. He recalled a past issue the city had when a number of houses were commonly hit by bullets in the Kliever Lake Fields area at a time when hunting was allowed; noting also that the distance was further than 500 feet. He stated he will oppose this item if no written documentation is submitted from the DNR of acceptance of the two rules. Moved by Councilmember Wilson and seconded by Councilmember Westgaard to approve the donation agreement between The Trust for Public Land and the City of Elk River to purchase and acquire the Houlton Farm property. (No address assi"gyred at (be Legal description is in Exhibit.A of the agm.enzeno Councilmember Wilson stated he made the motion with the understanding that all precautions will be taken to ensure the safety of the adjoining neighbors and users of the public land. Councilmember Westgaard stated the attraction to obtain this land originally wasn't for hunting purposes but to preserve a pristine parcel of land for walkmg trails; however the city was told part of the grant acceptance was that the DNR would mandate hunting on the land. He further stated the city can work with the DNR to limit the hunting rules. Councilmember Motin stated he expects the end result will be DNR restrictions incorporating the two rules discussed by the Council tonight. Councilmember Burandt stated she would like to see the two hunting rules incorporated in the plan. She stated hunting is allowed near her 40 acres and she has not had any issues. She further noted the DNR won't approve a plan that would be hazardous to neighbors. r 01EaEi iY NATURE City Council Minutes October 6, 2014 Page 6 Council nember Dietz stated he was opposed at first because of the allowance of hunting but noted the Council wanted to preserve the land. He stated he has confidence in the DNR to approve a safe hunting plan and he is in favor of the motion in order to preserve this land. Motion carried 4 -1. Councilmember Motin opposed. Moved by Councilmember Wilson and seconded by Councilmember Burandt that the park land would be closed to all uses, including hunting, until such time as a plan for its uses are developed by the proposed committee, adopted by Council, and approved by the DNR. Councilmember Motin clarified if this motion meant the park would be closed for people waUdng on the property. Attorney Beck stated yes. Motion carried 5 -0. 8.2 Wayfinding Signage Program Ms. Gardner presented the staff report. Councilmember Motin asked for clarification on why the fact - finding group preferred a rendition of the city logo. Ms. Gardner stated the city has two powerful logos that tend to compete with each other and the city's brand plan outlines how they can be used together. She also noted that the logo could change over time and there are currently renditions of the old city logo around the community. She stated the fact - finding group wanted the logo to be more subtle and come through in a more artistic way. Councilmember Motin questioned the cost of the signage. Ms. Gardner stated the financial numbers would come back to Council at a later date. She reviewed funds already programed for signage in the Capital Improvement Plan and the Economic Development budgets. Mayor Dietz stated he doesn't understand why the city can't use more of what it has, such as utilizing the elk, the river, waves in Option 1. He stated Option 2 doesn't look like elk horns, and he would prefer to see an elk head. He expressed concern with the cost of the signage and where the funding would come from. Ms. Allard noted as part of the Beautification Goal in the city's Visioning Plan there is already funding set up in the Capital Improvement Plan for three gateway signs. City Council Minutes Page 7 October G, 2014 Mayor Dietz questioned if something could be made out of the current Lake Orono park sign to incorporate the elk and dze river into it. Ms. Gardner stated the fact - finding group really liked this sign but it is not located at a city entrance. Mayer Dietz questioned the costs again. Ms. Gardner stated both options are about equal in cost and Richard Lang with Visual Communications could speak more to this subject. Mr. Lang stated he couldn't give a fair appraisal of a ballpark price today. He stated the larger units could be about $40,000 - 50,000 depending on funding from various sources such as grants, contributions from companies, etc. Mayor Dietz stated he would life a ballpark figure of the entire plan. Ms. Gardner stated the Council is requested to select an option so the consultant can move forward with putting the specifications together for an entire plan. She noted the committee would need to work on making further product selections, which could influence costs, Councilmember Westgaard stated he likes Option 2 due to its color scheme but he could go either way, choosing a design due based on its costs. He stated he would prefer to see a schedule with some basic budgetary costs and an implementation period. Mr. Lang stated he could put together a ballpark schedule for both options for the next meeting. Councilmember Motin questioned if the red and black color in the signage were chosen because of the Elk River High School colors, Mr. Lang stated no. Ms. Allard stated some of the coloring was taken from the downtown park area. Council consensus was for staff to bring back pricing and a schedule for both options. Mr. Lang stated he understands budgeting but he would hate to see that the option that was selected by the community not be chosen due to a small difference in costs. He stated he would rather look at the option that is selected and try to cost evaluate it better and build it in a way that fits within the city's budget. He asked that when Council makes their decision, that they keep in mind that specifications can be changed around, K E��a �l City Council Minutes Page S October 6, 2014 8.3 Direction on Ordinance Amendment to Allow Truck and Implement Sales /Repairs in C -3 Highway Commercial District Mr. Leeseberg presented the staff report. Mayor Dietz questioned if car dealerships were allowed and if there is a difference between them and truck dealerships. Mr. Leeseberg stated truck sales are called out as different from car dealerships in the city's different zoning districts. Councilmember Wilson questioned where sales are currently allowed. Mr. Leeseberg stated in the 11 and I2 districts. Councilmember Motin stated the Planning Commission seemed in favor of moving forward with the change and recommend it be brought to Council rather than deferred. He further stated he has an issue with waiting for the Focus Area. Study to be completed and questioned why the city can't start the process to run concurrently with the study. Council concurred and consensus was to move forward with the ordinance amendment. 8.4 Industrial Circle Parking Ms. Fischer presented the staff report. Moved by Councilmernber Westgaard and seconded by Councihnernber Motin to have no parking on one side of Industrial Circle, as outlined in the staff report, and to take effect when the signage is installed. Motion carried 5- 0. 8.5 Ordinance Amending Fee Schedule to Remove Park Dedication Fees Mr. Barnhart presented the staff report and noted staff isn't proposing to completely remove park dedication fees. He explained that the park dedication ordinance provides for a 10% land donation for subdivided property. He stated the ordinance also allows acceptance of a cash donation in lieu of land or a combination thereof. He stated the park dedication amount is determined by one of two methods: 1. Resolution of the City Council (which the Council has been doing by ordinance each year via. the fee schedule) 2. Ten percent of the fair market value as determined by Sherburne County Mr. Barnhart stated there is quite a discrepancy between the park dedication fee the city charges and the amount the county assesses as the value. He stated he would like r aWIRII I Cite Council Minutes October 6, 2014 Page 9 to set aside the residential, commercial, and industrial fees in the fee schedule ordinance until the Parks Master Plan is completed. He stated city ordinance requires a 10% park dedication requirement and if the city deviates from that amount, there should be a nexus as to why it is requiring additional park dedication. He stated the way the ordinance is written, the park dedication fees collected are based on fair market value and these numbers no longer match. Mr. Barnhart stated he is recommending the Council eliminate the fees from the fee schedule and only apply the 10% value imposed by Section f of the park dedication ordinance in the City Code. Mr. Barnhart noted this change would apply to five current projects and any new subdivisions that may come forward. He further stated he wouldn't normally bring this type of request forward until he had further analysis but this one was alarming to him due to the discrepancies with what the city currently charges versus what it should be charging. Mayor Dietz noted this change would create a severe impact to the Park Dedication Fund. He questioned if staff discussed this item with the Parks and Recreation Commission. Mr. Barnhart stated he talked to the parks and recreation director. He stated it is a large impact but expressed concerns with any lawsuits that could anise due to the current fees charged. He discussed the examples outlined in his staff report. Mayor Dietz questioned if the 10% requirement is in state law. Mr. Barnhart stated he doesn't believe it is in state law but noted that 10% is a generally- accepted value by the development community. Councilmember Motin questioned why this is coming to Council now when a new formula will be reviewed shortly. He questioned if the cM, could tell developers we'll hold off on having them submit the full fee until the new plan is adopted. Mr. Barnhart stated it creates more challenges to the city noting that once a plat is released the city tends to lose leverage with the developer. He stated he is not comfortable releasing a plat without full payment of fees. Mayor Dietz stated developers would work with staff if they know the numbers might be reduced. He further stated he wants to make sure the park dedication fee is fully vetted with the parks department and the commission. Mayor Dietz stated the city utilizes the county value, which tends to be low, and questioned if it would be better of the city obtained fail market value via an appraisal. INATUJARm'E City- Council Minutes Page 10 October G, 2014 ----------------------------- Mr. Barnhart stated there are issues with this process and noted the reason the city has a fee set is to avoid having to do appraisals. Mayor Dietz stated concerns with the public perceiving the city is changing these fees for its own benefit because of the Nature's Edge Business Park project. Attorney Beck stated he disagrees with Mr. Barnhart's analysis of the park dedication fees but noted the ordinance does need updating. He stated he doesn't see a need to make changes before the Parks Master plan is completed. He explained the history behind the 10% requirement and noted there is no language about the fee in state law. Attorney Beck suggested continuing with the park dedication fees as is, but noted if a developer came in before the Parks Master Plan analysis was completed, the developer could present information on the value of their property, their impact on the park needs, and the amount of the fee could be discussed. Mayor Dietz concurred with Attorney Beck and would like to wait until the Parks Master Plan is completed. Councilmember Westgaard concurred. Councilmember Motin stated his hope is the final plan wouldn't be based on a fee on the bare acres but rather on the actual density impact of a project. Council consensus was to take no action on this item. 8.6 Discuss Worksession Items Mr. Portner presented the staff report. He noted an item not in the staff report regarding a discussion of the definition of single - family housing. Councilmember Motin stated he brought this request forward due to an incident he was contacted on and questioned the Council as to what is intended for single - family housing, enforcement, etc. Mr. Portner further noted his performance evaluation is scheduled for October 20, 2014. 9. Council Liaison Updates The Council provided updates on various commissions activities. , R 0 1 E R E I I T 1 f UP City Council Minutes Page I 1 October 6, 2014 Roundabouts Mayor Dietz stated local businesses have expressed concerns and the city shouldn't wait to talk about the establishment of a roundabout at the intersection of Twin Lakes Road and 17151 Avenue. Mayor Dietz directed staff to bring back to Council, within the next 30 days, some cost estimates of a roundabout versus a standard intersection. He also stated he'd like to see how big a roundabout has to be to accommodate semi traffic. Councilmember Motin noted the EDA has given staff direction in this same area. Council recessed at 8:53 p.m. Council reconvened at 8:55 p.m. 10.1 Energy City Commissioner Interview Council interviewed Ms. TeriAnn Flatland. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to appoint TeriAnn Flatland to the Energy City Commission as the school representative with a term to expire February 28, 2017. Motion carried 5 -0. 10.2 !Update: Sale and Improvement of Lot I, Block I, Northstar Business Park Mr. Barnhart presented the staff report. He stated he'd like flexibility in allowing PSB to make improvements to the lot prior to it legally being sold from the city to PSB. He noted an escrow would be set up in order to be able to return the property to its original condition if the sale falls through. He further stated he would like to know if the Council is okay with selling this parcel to PSB. He stated he'd like this flexibility, prior to formal approval, in order to work with PSB on getting the parking lot project done before winter_ He stated PSB has long -term plans of building on another parcel owned by the city adjacent to the parking lot site. Councilmember Westgaard expressed concerns with selling parcel A as a parking lot and still meeting EDA goals for the site. He further stated that in the past the Council has not had an interest in selling property for a parking lot. Mr. Barnhart compared the differences with a past request for a parking lot. Consensus of the Council was to give staff authorization to keep moving forward on this project as requested above. 'NATURE] City Council Minutes Page 12 October 6, 2014 10.3 Discussion on Public Maintenance Department Position Ms. Fischer and Mr. Thompson presented the staff report. Mayor Dietz questioned the mechanics duties during snowplowing season. Mr. Thompson stated mechanics would be called on weekends and during the week they would be done with snowplow operations by 10:00 a.m. Mr. Simon stated the budget impact for 2015 would be $6,200. Council consensus was to proceed with hiring a Maintenance Operator II. II. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:37 p-m. Jo n J. D el tZ, NVYor Tina Allard, City Clerk p 10 V E A E[ 0 1