11-17-2014 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, November 17, 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, Park Planner
Chris Leeseberg, Communications Coordinator RaeAnn Gardner,
City Attorney Peter Beck, City Engineer )us tin Femrite, Park
Planner /Planner Chris Leeseberg, Chief Wastewater Operator Matt
Stevens, 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 6:00 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider I 1 /17/2014 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the November 17, 2014, agenda. Motion carried 5 -0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the following consent agenda:
4.1 Check register as outlined in the staff report.
4.2 Pay estimates for the public works facility and Nature's Edge Business
Center Phase II as outlined in the staff report.
4.3 The 4`h microloan program, funding by State of Minnesota Investment
Funds, intended to support job generating businesses.
4.4 Partnership Agreement with Retired and Senior Volunteer Program.
(RSVP).
4.5 Resolution 14 -64 adopting and levying special assessments for costs
incurred to connect to city water and sanitary sewer lines.
4.6 Resolution 14 -65 adopting and levying assessment for abatement of
city code violations.
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4.7 Resolution 14 -66 adopting and levying assessments for unpaid electric
services as of September 30, 2014.
4.8 Resolution 14 -67 adopting and levying assessment for unpaid garbage
collection services as of September 1, 2014.
Resolution 14 -68 adopting and levying assessment for unpaid sewer
services as of September 30, 2014.
4.9 Resolution 14 -69 adopting and levying assessment for unpaid water
utility services as of September 30, 2014.
4.10 Hire Jolene Richter as part -time secretary/ receptionist to start
December 1, 2014.
Motion carried 5 -0.
5. Open Forum
No one appeared for Open Forum.
7.1 Conditional Use Permit: Hong Ce, Lin for Hajime Restaurant, 18850
Dodge Street
Mr. Leeseberg 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 Conditional Use Permit, Case No. CU 14 -19 with the following
conditions:
1. The CUP is not a building permit and the applicant must apply for and
receive approval of required building permits before construction may
begin.
2. The building shall meet all building and fire codes.
3. The applicant must apply for and receive approval of all required sign
permits before signage may be installed.
Motion carried 5 -0.
7.2 Coin - Tainer Business Subsidy Review
Mr. Barnhart presented the staff report.
Mayor Dietz opened the public hearing.
Moved by Councilmember Motin and seconded by Councilmember Wilson to
continue the public hearing to December 15, 2014.
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November 17, 2014
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7.3 Ordinance Amendment Reduceng Required V'eMcle Stacking Space for
Bank Drive - Through Lanes
Mr. Leeseberg 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 how it was decided to reduce the number to two
for vehicle stacking.
Mr. Leeseberg noted it was two vehicles per lane for stacking. He stated moare
people are banking online so there isn't the need for longer stacking lanes.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to adopt Ordinance 14 -15 amending Section 30 -903, entitled Minimum
Number of Parking Spaces of the City of Elk River, Minnesota City Code to
modify parking requirements for banks. Motion carried 5 -0.
7.4 Ordinance Amendment Modifying Signage Regulations for Permitted
Home Occupations
Mr. Leeserberg presented the staff report
Attorney Beck arrived at 6.11 p.m
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
Westgaard to adopt Ordinance 14 -16 amending Section 30 -801, entitled Home
Occupations of the City of Elk River, Minnesota, City Code to modify sign
regulations for home occupations. Motion carried 5 -0.
7.5 Ordinance Amendment to Allow Truck Sales and Service in Highway
Commercial DistrP ct (C3) as Conditional Use
Mr. Leeseberg 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 asked what the current zoning is for Saxon Motors in the
Focused Area Study (FAST).
It was noted it is in the Highway Commercial District (C3).
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Councilmember Motin commented that this would then allow truck sales and service
for Saxon, but with the changes expected from FAST (later on the agenda tonight);
this area would then not be allowed truck sales and service.
Staff noted this is correct.
Moved by Councils- nember Filson and seconded by Councilmember
Westgaard to adopt Ordinance 14 -17 amending Section 30 -1024 (d) (2),
entitled Highway Commercial District of the City of Elk River, Minnesota,
City Code to allow trucks and services as a conditional use. Motion carried 5-
0.
7.6 Ordinance Amendment to Create Southern Twin Lakes Road
Business District (Focused Area Study -FAST)
Mr. Barnhart presented the staff report. He explained that this ordinance is creating a
new zoning district, which is intended to incorporate all of the sub- zones /mini-
neighborhoods associated with the FAST. He stated this ordinance will codify the
uses that are appropriate for each zone, architectural standards, design guidelines,
and setbacks.
Mr. Barnhart reviewed a map highlighting the new district. He noted certain areas in
the new zoning district that would retain their current zoning, such as the business
park and the planned unit developments. Mr. Barnhart noted that by the Council
approving this new zoning district, they are not rezoning any property in the district.
He stated the rezoning for this entire area will come back to Council at a later date.
Mr. Barnhart explained in detail the sub - districts in the new Southern Twin Lakes
Road Business District:
1. The Point District (high- density residential with focus on the river)
2. The Pinnacle District (light industrial)
3. Office Village (office /showrooms)
4. The Hinge (community commercial, retail, and office)
5. East Elk Diver Gateway (highway business - destination retail /high density
residential)
6, Station Area Village (commuter rail type uses)
7. Hillside Heights (mixed use residential)
8. River West Residential (Single and attached family residential)
Mayor Dietz opened the public hearing.
Steve Rohlf, 12821 188th Avenue - Noted two written statements should have been
included in the Council's packet. He stated he wants to verify that car lots are
allowed in The Hinge as a conditional use. .
It was noted yes by the Council.
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Mr. Rohlf disagreed with staffs comments about access being an issue for car lot
sites. He stated visibility is an issue but that car lots are a destination stop. Mr. Rohlf
stated he would like to verify that Lot 4, Block 1, of Mississippi Ridge Second
Addition still remains in a Planned Unit Development (PUD) as a commercial lot.
Mr. Barnhart stated the city is not proposing to rezone any lots that are currently
zoned as a PUD.
Mr. Rohlf further noted an item on a future Planning Commission agenda to add Lot
4, Block 1, to an official map as a road. He stated this process will make the lot
unsellable to anyone and felt this would be considered inverse condemnation. He
stated he would like to extend an offer to discuss this matter with Council before the
Planning Commission meeting.
The mayor and city attorney noted this item would come to the Council after it is
reviewed by the Planning Commission.
Mr. Rohlf suggested a negotiation for sale of the property to the city.
Mr. Rohlf stated having high density residential along the Mississippi River doesn't
seem like a good fit for the Wild and Scenic Designation due to the scenic
designation rule about seeing roof tops from the river.
Mayor Dietz closed the public hearing.
Councilmember Motin stated he didn't see trucking companies incorporated as any
of the uses.
Mr. Barnhart stated new uses weren't added to the district. He noted current trucking
companies are governed by their own PUD and if a company wanted to expand, they
would need to come back to Council via the conditional use permit process.
Councilmember Motin noted Morrell Trucking Company has indicated they may
want to purchase property currently under city ownership. He stated trucking isn't
included as a use in this district
Attorney Beck stated the most likely process would be for them to rezone the land
into a PUD from its subzone in the Twin Lakes District.
Councilmember Westgaard expressed concern for the number of non- conforming
businesses that would be created by this ordinance amendment. He noted business
community concerns about rezoning this area. He stated there should be further
discussion on the points where staff and the Planning Commission don't agree.
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Council consensus was for this item to come back to two worksessions with Half the
sub - districts being discussed at each meeting and for the incoming Councilmembers
to be invited to participate. Council also requested the following:
1. Maps be provided as part of the packet for the presentation.
2. See the type of business currently in the sub- districts and what impact this
ordinance amendment will have on them.
Attorney Beck stated rezoning for the Southern Twin Lakes Road Business District
could be included as part of the woAsession discussions.
Mr. Barnhart stated part of the reason he separated the rezoning from the district
creation was to have less confusion for the business owners on what specifically is
being discussed.
Council consensus was to designate Mayor Dietz and Councilmember Westgaard to
meet with Mr. Rohlf regarding his property.
7.7 Ordinance Amendment Adopting 2015 Fee Schedule and Reso6uCon
for Summary PubUcation of the Ordinance
Ms. Allard presented the staff report.
Mayor Dietz opened the public hearing.
Debbie Rydberg, Elk River Area Chamber of Commerce — Stated she has heard
many businesses complain about the sewer access charge and asked the Council to
review whether a fee increase of 3% is necessary.
Mayor Dietz closed the public hearing.
Mr. Simon stated the city has established a long -term funding plan for the
Wastewater Treatment Facility and is currently going through the process of a large
$17 million expansion project. He stated the city evaluates the cost of new
connections and sewer rates over a long -term so there are no huge spikes in city fees
and noted the goal is to maintain them at a steady, level rate.
Mayor Dietz stated the city used to have large spikes in the sewer and water access
fee before moving toward this long -term steady planning process.
Moved by Councilmember Motin and seconded by Councilmember Nilson to
adopt.
1. Ordinance 14 -18 adopting the 2015 Master Fee Schedule of the City of
Eik liver, Minnesota, City Code. Motion carried 5 -0.
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2. Resolution 14 -70 approving summary publication of Ordinance 14 -19,
an ordinance adopting the 2015 Master Fee Schedule.
Motion carried 5 -0.
6.1 City of Elk River Volunteer of the Month - Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to Eric Waldoch Volunteer of
the Month. He noted the following volunteering accomplishments:
■ Annual conference chair and past president for the MN Technology Engineering
Education Association.
• Trustee at Elk River United Methodist Church.
• Trustee chair for 12 years of the Elk River United Methodist Church.
• Facilitated the car repair program for Community Aid Ell River (CAER).
• Repairs motorized equipment for the Elk River Sportsman's Club.
B. p Wastewater Treatment Facility Expansion Project
Mr. Stevens presented the staff report. He discussed the revised budget, timeline of
the project, pictures indicating where changes will occur, and reviewed next steps in
the process.
13.2 Stormwater Pond Dredging
Mr. Femrite presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to accept the bid from Frattalone Companies in the amount of
$137,445.24 to dredge the Orono and Highland /Jackson stormwater ponds.
Motion carried 5 -0.
8.3 2015 Street Improvement
1. Design Alternative for Jarvis Street and 165th Avenue
2. Increase in Engineering Fees
3. Resolution Establishing Parking Restrictions Along Jarvis Street
and 165th Avenue
4. Resolution Requesting a Variance from Standard Standards for
Geometric Design
5. Resolution Requesting Advancement of Municipal State Aid Funds
Mr. Femrte presented the staff report.
Moved by Councilmember Motin and seconded by Councilmember Westgard
to approve a 36 foot wide street for Jarvis Street and 165`'' Avenue. Motion
carried 5 -0.
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November 17, 2014
Moved by Councihrnember Westgaard and seconded by Councilmember
Motin to approve an increase in engineering fees as outlined in the staff
report. Motion carried 5T-0.
Moved by Courncilrnember Wilson and seconded by Councilmetxmber
Westgaard to adopt the following resolutions:
1. Resolution 14 -71 establishing parking restrictions on particular municipal
state aid routes.
2. Resolution 14 -72 requesting a variance from standard for state aid
operation for Project No. S.A.P. 204- 135 -041.
3. Resolution 14 -73 for implementation of Municipal State Aid Streets Fund
advance.
Motion carried 5 -0.
Council recessed at 7:17 pm. Council reconvened at 7:23 p.m.
9.1 Wayfinding Program
Mr. Portner stated consultants from Visual Communications and the Fact - finding
Committee are present tonight to provide their input regarding wayfinding signage.
He reviewed existing signage and some future signage projects that various
departments are working toward completing.
Jesse Yungner and Constance Carlson discussed how they worked with the fact -
finding and wayfinding committee. They reviewed wayfinding signage design
options, outlining how and why certain design elements were selected.
Mr. Portner stated the consultant listened to both the fact - finding and wayfinding
committee to identify expectations and community destinations. They then toured
the city and formed some of their thoughts and perspectives of Elk River. They
created their initial designs considering the items the committee expressed as
important and included some of the community's history and highlights improve
wayfinding. They utilized local input and matched it with an outsiders perspective.
Mr. Richard Lang explained the sign hierarchy. He stated the sign plan will be a
blueprint for the city and outlines in detail how each sign will look, including such
things as font style and size, sign type and materials. He stated his staff will need to
do some field testing to determine how a sign will work and meet with construction
experts to determine the best value at which a particular sign can be built. He stated
they value engineer signage and try out different parts and features to see what will
provide the best value and still work for its location. Mr. Lang noted the city
welcome sign in Orono Park would cost approximately $50,000- 60,000 to build
today. Mr. Lang revealed a preliminary map with a key messages mock -up to show
the Council the type of data that would be provided in a wayfinding plan.
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Mayor Dietz stated several of the signs shown have stonework in them but this type
of stone is not native to Elk River. He stated the city has a lot of gravel pits and
maybe something more native should be used, such as rock.
Councilmember Westgaard noted that the downtown Rivers Edge Park has the
limestone look throughout.
Mayor Dietz stated it would be valuable for the consultant to look at the city's sign
equipment in order to see how much can be done in- house. He stated he likes
Option A. He stated he wants to keep a simple approach and not add more design
elements to signage than needed.
Councilmember Wilson concurred. He expressed concern about the investment the
city has in its logo and that it should be carried through in wayfinding signage. He
stated he wants the logo more obvious rather than subtle. He understands why the
limestone look was chosen but doesn't feel it is representative of the city. He stated
Elk River rock or boulders would be more representational. He stated he preferred
Option A. He stated the vertical gateway signage had more appeal to him.
Councilmember Motin stated he has no issues with the limestone type rock in the
designs as they go well with the downtown. He stated he doesn't necessarily feel
every sign needs to be consistent and have the same look to them and suggested that
park signs have one look and another sign type have another look. He expressed
concerns with the original signage not having costs attached with them when
presented to Council at a previous meeting. He questioned how issues can be
remedied based on uniformity of signage, such as the rules signage in some parks. He
stated he likes the use of the city logo and would like to see it done in a way that if
the city changes its logo, the city logo portion of the sign can be changed out.
Councilmember Westgaard concurred. He stated he likes the limestone look and
feels it makes the signs look rich and nice. He stated a goal wasn't set out at the
beginning that the committee had to use only materials found in Elk River. He stated
the city has already made a conscious effort in the downtown park and questioned
why the city would depart from using that same concept; otherwise it may look more
disjointed. He stated he likes a vertical sign over horizontal signage. He stated he
doesn't think the city needs to have the logo on gateway signage because its purpose
is primarily to say welcome to Elk River visitors. He suggested using the watermark
at time or the cutouts (not an all or nothing situation use, but to watermark at times
without necessarily the elk logo). He stated he likes the international pictograms and
they're easily identifiable as to what is located in the park. He stated the city needs to
clean up and organize its signage and make a conscious effort to make them all the
same as they need replacing. He stated he likes the traditional and contemporary
option. He stated he likes the concept of the option (Option B) with the elk antlers
but without the antlers that hang off the signage (the watermark).
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Councilmember Burandt stated they all had some features about them that are nice
and would represent Elk River well. She stated the city needs to look at the costs and
which sign option would be most conducive to that. She stated she likes the idea of
placing signage over time and being consistent with the signage look. She stated she
wouldn't be opposed to any of the options.
Councilmember Morin expressed concern with readability and commented on the
Northstar signage.
Mayor Dietz asked for comments from the fact - finding committee..
Jennifer Wagner, stated she would be hesitant to put the city logo on the signage in
case the logo were to change in future years and suggested the sign be designed so it
can be removed easily. She questioned if anyone can remember what any other city's
logo looks like. She stated the logo is not what identifies the city and isn't going to
dictate whether outsiders like the sign or not. She stated she loves the watermark and
the waves with the die cutting and think they are important design elements. She
stated she likes using the copy of the Powered by Nature brand, but not the logo as
it will become outdated and people will wonder why it was used. She also noted how
important readability is for signage and referred to the Northstar signage. She stated
the limestone is in the downtown park, which is a true gem of the entire city.
Mr. Lang stated there is use of different types of stone throughout the community
and the limestone reflects who the newer suburbs are.
Councilmember Wilson disagreed and stated Elk River is not a new suburb. He
stated this is describing us like we want to become a Maple Grove and it's not who
we are, but, he stated, maybe it's because he has lived here all his life. He stated this
city has taken a lot of the essence of what's important in this community and
replaced it with what's popular today and has no meaning to it. He referenced the
river rock at Handke Pit and how nice it was for a backdrop for the Hockey Day
Minnesota event.
Ms. Wagner stated she understands the need to maintain history but she also
understands the city needs to look into the future and think of the solidarity of color.
She noted it is so much easier to look for the same color signs in a community when
you are trying to locate different areas.
Councilmember Wilson stated he agrees consistency is needed.
Debbie Rydberg, Fact - finding Committee — Stated she would like to see the signage
remain more natural /neutral, since the community is powered by nature. She stated
the reds, blues, and oranges, or a defusing color are not needed because everyone has
their own opinion as to what a color stands for and the community is diverse. She
stated she saw a lot of plants being used and expressed concerns about upkeep and
maintenance in all seasons. She stated she likes the use of natural elements, such as
metals.
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Charlie Blesener, Fact - finding Committee — Stated he likes the idea of having a
plan, similar to the St. Paul example shown, and it makes sense for the cite to adopt a
long -term plan. He stated he liked the vertical look the best. He stated all capital
letters shouldn't be used because it's more difficult to read. He liked Option 1 the
best and didn't care for the red lettering in another option. He stated he liked the
subtle elements such as the antler watermark in the background.
Dave Anderson, Fact - finding Committee — Stated he liked Option 1 the best but he
is not sure he likes it better than the current sign near Orono Park. He noted the sign
does need to be upgraded to the current city elk logo. He stated he prefers the elk
logo on the gateway signage. He stated he prefers natural stone over limestone but
noted it's hard to build things out of round rocks. He stated there are some park
signs the need to be upgraded. He questioned if the city is behind the times and
should consider creating an Elk River navigation app for mobile technology. He
stated he would like to see the signage be low maintenance with the landscaping.
Cal questioned how much more public input the Council would like for this project
and asked if they wanted it sent to the boards and commissions or want to see
updated designs based on comments received this evening. He noted money is in a
number of departmental budgets for signage. He stated we are Elk River but there
are a lot of people who come from other communities to spend time and money at
our businesses and the city wants to maximize their experience in the community.
Councilmember Morin stated it would be difficult to send to the commissions
because there will be many varied ideas on signage design. He stated there are many
different representatives and viewpoints here tonight and it will be difficult creating
signs based on the differences in comments expressed.
Mayor Dietz suggested the consultant come up with one option that centers on the
current city logo and one without it.
There was discussion about using Option A and changing it out with the elk logo
and the field stone versus the limestone. Various Council and comrmttee members
were split on the use of Option A and Option 1.
Councilmember Motin further expressed concern about using the Powered by
Nature logo because it hasn't taken off in the community. He expressed concern
with it being drilled into the stone and trying to replace it later.
Mr. Lang stated the drill holes in the stone would be an easy fix with different
techniques.
Mr. Anderson asked if the existing sign in Orono Park could be utilized as gateway
throughout the city.
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Mr. Portner asked the consultant about using the existing elements of the Orono
Park sign and creating a wayfinding plan from it.
Mr. Lang stated the Orono Park sign as a gateway sign is very strong and he isn't
sure how it would transfer through the whole signage system. He stated he isn't sure
there are characteristics that are unique enough to create a sign system around it and
suggested adapting it to fit for Orono Park.
Council consensus was to take Option 1 and incorporate some items discussed
tonight, such as changing out the logo and trying different elements of the limestone
and fieldstone.
902 Starmwaterr Utflky Fee Program
Mr. Femrite presented the staff report. He reviewed communications efforts to
engage the public about how to fund the stormwater program. He discussed survey
questions regarding whether the community wanted a fee based program or for
funding to be taken from property taxes. He noted that more people chose the fee
based program.
Mr. Femrite discussed the feasibility report. He stated the report recommends $3 per
month on residential parcels and a residential equivalency rate for all the commercial
and industrial properties based on their impervious surfaces. The report didn't
discuss how the city should distinguish between a rural or urban residential property.
Mr. Femrite stated staff is working on a draft ordinance. He reviewed a proposed fee
structure. He suggested a tiered rate for residential properties, such as $3 for urban
service residents, $2 per month for rural residential and other properties (non - single
family residential) would contribute $21 per acre of impervious surface per month.
He stated at these rates, the city would generate about $418,000 annually for the
stormwater program.
Mr. Simon stated a new enterprise fund would be created for the stormwatet
program. He noted many cities have it classified as an enterprise fund since user
charges are typically the funding source. With creation of a storm sewer enterprise
fund, like all other similar funds, depreciation of assets is included in the budget. A
resolution to close out the current surface water management fund and transfer any
remaining assets to the new enterprise fund will be done as part of the program
approval.
Mr. Femrite stated the impact fees charged to developers are being kept in the fee
schedule in order to keep the fee low for residents and businesses.
Mr. Femrite compared some other cities and asked the Council to focus not on the
amount of the other community's stormwater fee, but rather the trend of their fees
increasing. He stated the general trend, in other cities, is the fee has been increasing
to meet the needs of the new regulations for their reissued permits. He stated this is
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different than the street franchise fee in that this stormwater fee may need to be re-
evaluated every few years.
Mr. Fen-rite reviewed the future schedule for this program.
Council consensus was to continue moving forward with the stormwater fee.
9.3 2015 Budget
Mr. Simon reviewed adjustments to the proposed 2015 budget and noted the levy
from 2.05% down to 1.66 %. He mentioned the tax rate drop. He asked for any final
questions or comments before the public presentation of the proposed budget in
December.
No comments were received and Council direction was to prepare the final
resolution.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:08 p.m.
WJ�ietz, or
T ina Allard, City Clerk
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