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07-20-2015 CCMMembers Present: Members Absent: Staff Present: Meeting of the Elk River City Council Held at the Elk River City Hall Monday, July 20, 2015 Mayor Dietz, Councilmembers Olsen, Westgaard, and Wagner Councilmember Burandt City Administrator Calvin Portner, Finance Director Tim Simon, Planner Manager Zack Carlton, Senior Planner Chris Leeseberg, City Clerk Tina Allard, Community Operations and Development Director Suzanne Fischer, City Engineer Justin Femrite, Economic Development Director Amanda Othoudt, Attorney Peter Beck, Environmental Technician Kristin Mroz-Risse, Information Technology Manager Robert Pearson, Building Maintenance Supervisor Gary Lore, 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 6:12 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 07/20 /2015 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the July 20, 2015, agenda. Motion carried 4-0. 4. Consider Consent Agenda Mayor Dietz invited the public to attend ERMU's 100"' Anniversary event as outlined in 4.5 below. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the following consent agenda: 4.1 Minutes ■ June 15, 2015, Regular ■ July 6, 2015, Regular 4.2 Check register, check numbers 92788-93001 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Resolution 15-34 acknowledging contributions for fireworks. City council Minutes Page 2 July 20, 2015 ----------------- ------------- 4.5 Special event permit to Elk River Municipal Utilities for their 100"' Year Celebration on Thursday, August 27, 2015, subject to the following conditions: 1. Applicant shall ensure all applicable fire codes have been met and all tents must be inspected by the fire marshal prior to opening. Applicant is responsible for contacting Fire Marshal Cliff Anderson at 763.635.1110 to arrange for an inspection. 2. Applicant must contact Police Captain Darren McKernan (763.635.1202) at least three weeks prior to event to arrange for police services 4.6 Park maintenance superintendent position description as outlined in the staff report. 4.7 Sewer and Water Connection Petition, Waiver, and Agreements for Daniel and Marlene Schoenhard, 12011 Highland Road, and Douglas and Anita Nelson, 19360 Norfolk Street. 4.8 Resolution 15-35 approving final plat for Washington Street Investors for West Oaks Seventh Addition, with the following conditions: 1. All comments in the letter from the city planner dated July 31, 2015, be addressed prior to recording. 2. All necessary permits must be acquired before any work in the right-of-way begins. 3. Prepare a homeowners association agreement per Section 30- 944 for review and approval by the city attorney. 4. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. 4.9 Peddler license for David Barnhill to go door-to-door peddling coupon books valid through December 31, 2015. 4.10 Massage therapist license for Abigail Namaste, Life's Retreat Massage and Spa, valid until December 31, 2015. Motion carried 4-0. dlnn��� No one appeared for Open Forum. I IRE= 1,21 111 111111, 111111 1111111 1 1 11111111 11111111 1-111111 111111,11111111 111 Mayor Dietz introduced, read, and presented a plaque to Roberta T akle, Volunteer of the Month forJuly. He noted the following volunteerinL, accorrinlishments: M Volunteer at Central Lutheran Church M CAER volunteer Life member of the American Legion and VFWAuxillaries M Election judge for several years A 4XA,50441 City Council Minutes Page 3 July 20, 2015 N Past member Elk liver School Board • Past president of Association of Stable and Growing School Districts ® Past director of Central Minnesota Education Cooperative Service Unit 6.2 Minnesota Wastewater Treatment Facility Operational Award Mayor Dietz presented. Wastewater Employees Matt Stevens, Nick Flaherty, Kevin Beadles, Chris Carlson, and Dale.Eckert with the Minnesota pollution Control Agency Commendation Certificate. 7.1 Thomas jenior: Administrative Subdivision Procedure by Simple Plat Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, the public beating was continued to August 3, 2015. 7.2 Ordinance Amendment Increasing Number of Accessory Structures Allowed in the R- I a Zoning District 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. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt ordinance 15-19 amending Section 30-793, entitled "Accessory Buildings." Motion carried 4-0. 7.3 Property Tax Abatement and Purchase Agreement for Envision Co., LLC (Sportech, Inc.) Ms. Othoudt 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 Councitmember Wagner and seconded by Councilmembe-i Westgaard to adopt resolution 15-36 approving property tax abatement for certain real property in the city pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815 and specifying the terms thereof. Motion carried 4-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to authorize execution of a tax abatement agreement and purchase agreement for Envison Companies, LLC. (Sportech Inc). Motion carried 4-0. All City Council Nfimutes Page 4 July 20, 2015 7.4 Sportech ® Zone change ® Easement vacation Mr. Lceseberg 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 Councilmcmber Westgaard and seconded by Councilmember Olsen to adopt ordinance 15-20 amending the City of Elk River Zoning Map to rezone certain property from Highway Commercial to Business, Park, Case No. ZC 15-05. Motion carried 4-0. Moved by Councilmember Olsen and seconded by Councilmember Wagner to adopt resolution 15-37 vacating a drainage and utility casement. Motion carried 4-0. 7.5 Property Tax Abatement and Microloan Agreement for Scott Morrell, LLC (Morrell Companies) Ms. Othoudt presented the staff report. Mayor Dietz opened the public hearing. There beuiig no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt resolution 15-38 approving tax abatement for certain real property in the city pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815 and specifying the terms thereof Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Olsen to authorize execution of the tax abatement agreement and microloan documents for Scott Morrell, LLC (Morrell Companies). Motion carried 4-0. Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearings for the items below. There being no one to speak to these issues, Mayor Dietz closed the public hearings. Ordinance Amending Creating XCR Extreme Commercial Recreation Zoning District p V It f R I 1 2V NATUREJ City Cowicil Minutes Page 5 ,Judy 20, 2015 Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt ordinance 15-21 amending Section 30-1027, XCR extreme commercial recreation. Motion carried 4-0. 2. Resolution Amending Comprehensive Plan to Change Land Use from. Development Reserve/Mining/Residential to Highway Business /Mining Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt resolution 15-39 amending the Comprehensive Plan to change the land use from Development Reserve /Mining/ Residential to Highway Business /Mining. Motion carried 4-0. 3. Ordinance Amending Zoning Map to Rezone Certain Property from Commercial Reserve Transition and Single-family Residential to Extreme Commercial Recreation Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt ordinance 15-22 amending the City of Elk River Zoning Map to rezone certain property from Commercial Reserve Transition and Single Family Residential to Extreme Commercial Recreation. Motion carried 4-0. 4. Preliminary Plat Moved by Councilmember We-stgaard and seconded by Councilmember Olsen to approve the preliminary plat for Aggregate Commerical Third Addition. Motion carried 4-0. 5. Resolution Granting final Plat Approval, Aggregate Commercial Third .Addition Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt resolution 15-40 granting final plat approval for Aggregate Commercial Third Addition, Case No. P 15-05. Motion carried 4-0. 6. Conditional Use Permit Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the conditional use permit with the following conditions: a. The conditional use permit is not a building permit and the applicant must apply for and receive approval of required building and sign permits before construction may begin. b. The existing building and addition shall meet all building and fire codes. c. All sources of artificial fights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase City Council Minutes July 20, 2015 Page 6 the level of illumination on any nearby residential property by more than 0.1 foot-candle in or within 25 feet of a dwelling or by more than 0.5 foot-candle on any part of the property. d. The subject property shall be final platted prior to any permits being issued. c. The limited stay lodging shall not exceed a period of seven (7) consecutive days. f There shall be no, storage, repair, and/or maintenance of snowmobiles, cars, trucks, go-carts, and/or ATVs or other vehicles outside of the building. g. All doors of the facility shall be kept closed at all times except for the passage of people or vehicles. h. The level of noise from the building shall not exceed city ordinance levels. i. All comments on the environmental memo dated June 5, 2015, shall be addressed. j. All comments on the engineering division memo dated June 8, 2015, shall be addressed. k. All comments on the storrnwater coordinator memo dated June 10, 2015, shall be addressed Motion carried 4-0. WA I I K, 47 M, w, r ,3=7- Illllliillllllllll!lllillillillj����llil!!I!Ill!l!llI III Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt ordinance 15-23 amending certain sections of Chapter 30 related to XCR Extreme Commercial Recreation. Motion carried 4-0. 7.8 Elk Path Business Center, Outlot F 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. 1. Land Use Amendment Changing portions of Outlot F from Public/Institutional to Industrial Moved by Councilmember Wagner and seconded by Councilmember Olsen to adopt resolution 15-41 amending the Comprehensive Plan to change the land use from Public /Institutional to Industrial. Motion carried 4-0. 2. Ordinance.Amending the Zoning Map to Rezone Certain property from Single - Family Residential to Business Park City count l ;Minutes Page 7 July 20, 2015 Moved by Councihnember Westgaard and seconded by Councilmember Wagner to adopt ordinance 15-24 amending the City of Elk River Zoning Map to rezone certain property from R-Ic Single Family Residential to Business Park. Motion carried 4-0. 8,1 Direction Regarding Accessory Dwelling Units Mr. l..eeseberg presented the staff report. Mayor Dietz stated attached accessary dwelling units should be allowed and he. would like to see "family" redefined. Councilmember W estgaard indicated he believes detached can work if it meets certain requirements. He added it is tough to redefine "family." Councilrnernber Olsen stated he is ok: with bath attached and detached units and doesn't believe "family" requires redefining. Councilmember Wagner explained she would like to see detached defined further adding that a small city lot may not be the appropriate location for a detached unit. She added that the tiny house movement is gaining popularity and she believes it is appropriate in the proper setting. She further added she is not comfortable redefining "family". Mayor Dietz stated he is not in favor of detached accessory units put above garages. He added he views the tiny houses as an entire house unit of its own and has no issue with them. Council consensus was for staff to bring back multiple options for consideration. 8.2 Tax Forfeitures Ms. Villard presented her staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt resolution 15-42 regarding classification of certain tax forfeited land located within the city and specifying parcels to be sold. Motion carried 4-0. Moved by Councilrnember Wagner and seconded by Councilmember Olsen. to adopt. resolution 15-43 approving acquisition of real property and dispensing with statutory requirements for review by Planning Commission of acquisition. Motion carried 4-0. City Council Minutes Page 8 July 20, 2015 -------------------------------- 8.3 Ordinance Establishing 6 -Month Moratorium on New Massage and Sauna Establishments Ms. Allard presented her staff report. Mayor Dietz questioned if there are current applications on file. Ms. Allard stated there is one in process. Attorney Beck stated based on where the application is at in the process, this moratorium would delay the issuance of their license. He stated if the applicant objected to this, then the city would need to take a closer look at the issue. He stated the Council could direct that this moratorium not apply to this applicant. He stated they are in a grey area in terms of where they are in the process as a license hasn't been issued yet, but building permits have been. Mayor Dietz questioned if it would make a difference depending on their license review. Attorney Beck stated even if the moratorium applied to this applicant, the city would have a process to seek an exemption from it. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt ordinance 15-25 establishing a moratorium on the licensing of new massage and sauna establishments in the city. Motion carried 4-0. TAFT-T Mr. Fernrite presented his staff report. He stated he would recommend accepting the bids and moving forward at this time because he isn't sure there will be ample savings by waiting. Councilmember Westgaard indicated the rushed project schedule may have driven up costs and the city may food more favorable bid results if the project is rebid in fall for spring construction. Councilmember Wagner felt trail connections are badly needed in this area and would like to see the project move forward now. Moved by Councilmember Wagner to adopt the resolution accepting bid and authorizing execution of contract in the matter of the eastern area trail and mobility improvement project. Motion dies for lack of a second. Moved by Councihncmbcr Westgaard and seconded by Councilmember Olsen to adopt resolution 15-44 rejecting bids and ordering readvertisement for bids in the matter of the eastern area trail and mobility improvements. Motion carried 3-1. Councilmember Wagner opposed. Ipostero �t N"ArURE] City CouncdAlinutes Page 9 July 20, 2015 --------------------------------- 8.5 Change Order No. 2 for 2015 Street Improvement Project Mr. Femn'te presented his staff report. Moved by Counciltnember Westgaard and seconded by Counciltnember Wagner to approve change order no. 2 for the street improvement project as outlined in the staff report. Motion carried 4-0. 8.6 Flushable Wipes Litigation Ms. Fischer presented her staff report. She stated Jason Kilene of Gustafson, Gluek PLLC and Garrett Blanchfield of Reinhardt, Wendorf, and Blanchfield were present to answer any questions. Mayor Dietz questioned if Minneapolis is participating in the lawsuit. Mr. Blanchfield indicated his firm has not spoken to Minneapolis and explained it Is not Imperative that every crq, is contacted because this is a class action suit. He explained the process of the lawsuit noting the lawsuit is aimed at the companies making and marketing these wipes as flushable and not the people using the wipes. Mr. Blanchfield indicated there is no cost for the city to join lawsuit. He explained the goal of the lawsuit is to force the companies to either redesign the wipes or stop advertising them as flushable and to compensate cities for the costs of cleaning and removing these wipes from then' sewer systems. Council consensus was to join the lawsuit. The Council recessed at 8:10 p.m. to go into worksession. The Council reconvened at 8:15 p.m. 9.1 2016 Budget Mr. Simon presented the staff report, The Community Operations and Development, Planning, Environmental, Energy City, Landfill, Information Technology, and Building Maintenance budgets were reviewed. The following items were of note: GoiNmunii Operation.f and Development Bud ,get Councilinerribet Westgaard would like to see the Fleet Committee look into purchasing an electric car or other gasoline alternative vehicle or piece of equipment if it's a sensible option, Enpiromvewal Mayor Dietz, expressed concern with Ms. Mroz-Risse's allocation of time for the Enerp, City Commission increasing from 8% to 30% in 2016. Ms. Mroz-Risse p 0 W I R [ 1 BT NATURE] City cowicil Minutes July 20, 2015 Page 10 explained her actual allocation for 2015 was closer to 30% and will probably be lower in 2016, The Lake Orono Sedimentation Study was discussed. Ms. Mroz-Risse noted DNR approval may be required depending on the outcorne of the study. Mayor Dietz would like DNR -approval prior to conducting the study and requested staff send a letter to the DNR requesting preliminary approval before the study is completed. Energy Cio Commission Mayor Dietz questioned how Ms. Mroz-Rissc would allocate her time if she wasn't spending it on Energy City. Ms, Mroz-Risse indicated a majority of this time is spent on providing Energy City tours. Mayor Dietz questioned what benefit the tours provide to residents and if the tours could be conducted by Energy City Commissioners, Ms. Mroz-Risse explained residents can attend the tours. Mr. Portner stated the commissioners volunteer to serve on the commission and many have day jobs. Mr. Portner added the tours are an important part of marketing Elk River's Energy City designation. Mayor Dietz questioned if a volunteer could conduct the tours. Mt.. Portner explained it could be difficult to get volunteers conurtitted to the tours and staff would spend a large amount of time training the volunteers. Councilmember Wagner stated she understands the Mayor's concerns. She questioned if a volunteer could conduct the resident tours and staff conduct tours for dignitaries. She added the importance of having a knowledgeable person conducting the tours so people on the tours understand. She suggested having each Energy City Commissioner conduct one tour each year. Councilmember Westgaard suggested allocating the environmental techi-lician's time to the four program areas (Environmental, Energy City, Landfill, and Garbage) and reviewing after five years to reallocate as necessary. W J-andjill Mayor Dietz indicated he received requests from residents in favor of spraying for mosquitos and he would like to get a quote for spraying Elk River- He stated he will have someone contact Ms. Mtoz-Risse with additional information. Information Technology Mr. Pearson questioned the Council's opinion on the current iPads and whether they would like to continue using the iPads or move to a different platform. Councib-nembers Wagner and Westgaard expressed interest in utilizing their personal laptops for packets. Councilmember Olsen suggested a device with more memory but would like to see consistency amongst the Council. Mr. Pearson was directed to research different options and come back with a recommendation. INArUREJ City COMICil Minutes Page I July 20, 2015 ------------- -- ------------- Mr. Simon providcd an update on the General Fund. 10. Adjournment There being; no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:44 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk