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10-19-2015 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, October 19, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, Park Planner Chris Leeseberg, Parks and Recreation Director Michael Hecker, City Attorney Peter Beck, City Clerk Tina Allard, Chief T. John Cunningham, and Recording Secretary/Sr. Administrative Assistant Jennifer Johnson 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 6:34 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 10/ 19/15 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the October 19, 2015, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 October 5, 2015, minutes. 4.2 Check Register, check numbers 9822 and 93949-94140 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Solid Rock Preliminary Plat with the following conditions: 1. Surface water management fee be paid for one (1) lot in the amount required by the city (currently $220/lot) prior to releasing the Final Plat for recording. 2. All comments in the Environmental Memo dated July 8, 2015, shall be addressed. City Council Minutes October 19, 2015 Page 2 3. A wetland delineation report must be completed and accepted by the city. 4. A 45 foot easement around all wetlands shall be added to the Preliminary Plat. 4.5 Resolution 15-62 approving Summary Publication of Ordinance 15-31, an ordinance amending Sections 30-796, Fences; 30-1007, Accessory Structures; 30-1042, Accessory Structure Setbacks; 30-1582, Accessory Structure Setbacks. 4.6 Massage therapists license for the following therapists to work at Life's Retreat Massage and Spa valid through December 31, 2016: Bonnie Mulkey and Mackenzie Vileta. 4.7 Solicitor license for Alan Wagner, The Window Store Home Improvements, Inc., valid until December 31, 2015. 4.8 Hire part-time city hall secretary/receptionist Cathy Dalchow effective November 5, 2015, at Step A of pay grade 3. 4.9 2016 Flexible Benefits Plan. 4.10 Hire full-time police officer Megan Kosloske effective November 2, 2015, at a pay rate per the union contract for a starting officer. Motion carried 5-0. S. Open Forum Kathleen Heaney, 12797 —183`' Court NW, representing herself, her husband Ed Stoutenburg, and Mrs. Myra Werner, 12800 — 183d Court NW, indicated they became aware of a 66' strip of land identified as PID 75-413-0240 and 75-413-0310 that was dedicated to the city by plat in the 1800s located from Main Street down into Lake Orono. She indicated in her research that this is public land and asked the Council to consider identifying it as public land or consider it an access point to the lake. She asked if the council declined to do so that the city foreclose on the property and allow someone to purchase it. Mayor Dietz stated the property in question is not a vacated easement. He indicated staff will review and have the item brought back for consideration on a future agenda with the neighboring properties notified of the meeting. 6.1 pity of Elk River Volunteer of the Month — Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Donita Grel as Volunteer of the Month for October. He noted the following volunteering accomplishments: • Member of the Care Givers at Central Lutheran Church. • Chairperson of the Military Ministry and Central Lutheran. ■ Current co-chair of Beyond the Yellow Ribbon steering committee and Chair of the Faith Based Committee as part of the Beyond the Yellow Ribbon. • Volunteer at Guardian Angels Care Center. rerEAEA e� NATURE City Council Minutes October 19, 2015 • Member of Friends of Guardian Angels Auxiliary. • Board member of the Trout Brook Farm Housing Association. 6.2 Introduction of New Employee: Krystal Fosdick Chief Cunningham introduced Krystal Fosdick, the new Fire Department administrative assistant, and provided information on her background and experience. 7.1 Electronic Delivery Devices Ms. Allard presented the staff report. Mayor Dietz opened the public hearing for comment. Page 3 Fred McCoy, 651 Main Street and owner of McCoy's Pub, indicated he is against this ordinance banning electronic delivery devices as he doesn't feel the city should tell businesses what they can/can't do. He felt imposing the ordinance would affect his business and wished to see the health reasons for the ban. Councilmember Olsen stated his opinion regarding public health risks of e -cigarette use. Alicia Bauman representing Centracare Health, stated she supported the proposed ordinance in the city's efforts to protecting the health and safety of the public. Katie Gruber representing Centracare Health, stated she also supports the proposed ordinance in the city's efforts to protecting the health and safety of the public. Mark Lees representing Sherburne County Public Health, supports the city's ordinance regulating the use of e -cigarettes in the same fashion as smoking in accordance with the Minnesota Clean Indoor Air Act. There being no one further to speak, Mayor Dietz closed the public hearing. Councilmember Wagner stated she will not support the ordinance as it is proposed as she didn't feel the city should make determinations of what occurs in private businesses. She did agree that city parks and buildings should be banned from the use of e -cigarettes. Councilmember Westgaard could be in support of banning the a-cig delivery in city buildings and parks but not in city businesses until there is overwhelming proof that secondhand a-cig vapors cause adverse health risks and he would not be in favor of this ordinance. Councilmember Burandt stated adult and childhood asthma are two of the most common conditions that affect people because of their exposure to secondhand PaVE1E1 11 NATURE City Council Minutes October 19, 2015 Page 4 smoke. She noted the position the city is taking to protect those and providing seniors and children a safe environment for them to work or spending their resources. She stated she supports the passing of this ordinance to show people we care about them as individuals and care about their health needs. Moved by Councilmember Burandt and seconded by Councilmember Olsen to adopt Ordinance 15-32 regulating the use of electronic delivery devices where smoking is prohibited by the Minnesota Clean Indoor Air Act as outlined in the staff report. Motion carried 3-2. Councilmembers Westgaard and Wagner opposed. 7.2 Conditional Use Permit for B.R.E.W. Fitness Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to approve Conditional Use Permit, Case No. CU15-15 to B.R.E.W. Fitness, LLC, to operate a recreational facility in the Elk Park Center 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. 3. The authorized use shall not begin until the Conditional Use permit is recorded. 4. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. Motion carried 5-0. 7.3 Elk Path Business Center Land Use Amendment and Rezone Request Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 15-63 amending the Comprehensive Plan to change the land use designation for Outlot F of Elk Path Business Center from Public/Institutional to Industrial as outlined in the staff report. Motion carred 5-0. P011111 et 1 \A ® URE City Council Minutes October 19, 2015 Page 5 Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Ordinance 15-33 amending the City of Elk River zoning map to rezone Oudot F, Elk Path Business Center, from R -1c (Single -Family Residential) to BP (Business Park) as outlined in the staff report. Motion carried 5-0. 7.4 Conditional Use Permit to Allow Drive -Through at Panera Bread Cafe Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. Councilmember Westgaard asked if the existing Panera building was originally built in the easement and if so, is the city approving an expansion of a non -conforming building. Mr. Leeseberg indicated in the current documents, the building is shown in an easement but previous documents showed the building outside the easement. He stated the city will allow the building to be expanded if approval to expand in the easement is received from the owner of the easement. Councilmember Wagner asked if any of the outdoor seating spaces will be removed and if traffic flowing through the nearby businesses, especially the Subway drive -thin area, would affect Panera's proposed drive -dim or cause any driving risks. Mr. Leeseberg indicated there will still be some outdoor seating spaces. He stated neighboring businesses hasn't made contact with the city with any concerns or opposition, and during the site plan review process, the additional traffic flow proposed didn't bring any concern from police or fire representatives. Mayor Dietz asked if their deliveries would be affected by the drive-thru. Mr. Leeseberg indicated to his knowledge the business will adjust their delivery schedule and location to meet these proposed changes. Moved by Councibnember Westgaard and seconded by Councilmember Wagner to approve the Conditional Use Permit, Case No. 15-13 to allow a drive-through at Panera Bread Caft with the following seven conditions: 1. The Conditional Use Permit shall not be recorded until all applicable conditions have been substantially completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. P01E®tI It NATURE City Council Minutes October 19, 2015 Page 6 4. 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. 5. The building shall meet all building and fire codes. 6. The fire chief shall verify the location of all fire hydrants, and may require additional hydrants necessary to preserve the health and safety of the residents. 7. An Encroachment Agreement with Great River Energy shall be provided to the city before a building permit by issued. Motion carried 5-0. 7.5 Big Tex Trailers Land Use Amendment and Conditional Use Permit Mr. Leeseberg presented the staff report. There was no action required on this item. 8.1 Adopt Wayfinding Master Plan Ms. Gardner presented the staff report. Mayor Dietz asked whether the wayfinding subcommittee had received and reviewed this final plan. Ms. Gardner started yes. She stated staff representatives were involved in the wayfinding sign process and provided suggestions and input on sign content. Mayor Dietz asked when sign prices would be provided. Ms. Gardner stated if the council approved the master plan this evening, an RFP would be requested during the second week of January, 2016, asking for prices. She stated each sign would be priced in the RFP and prices would be guaranteed for two years, allowing staff and the council to establish priorities on which signs to complete first. Councilmember Burandt asked if any signs would be made in-house. She asked which budgets would be responsible for paying for signs and if the Parks and Recreation Commission had reviewed this plan. Ms. Gardner stated there are options for some smaller signs that could be created in- house. She stated each department has funds budgeted towards signage and the CIP had funds budgeted for the gateway signs. Ms. Gardner noted in previous meeting minutes it was council consensus that commissions not be included in the sign review process. Councilmember Wagner expressed concerns with the Parks and Recreation Commission being able to review the plan because it could have an effect on their budget. ��OtAFAF1DAEr ATUR L City Council Minutes October 19, 2015 Page 7 Ms. Gardner stated commission and community representatives were part of the initial wayfinding plan discussions but the council wasn't in favor of those designs and decided to start the process over. Councilmember Wagner asked if the signs could include digital interactivity and if there was a prioritization table for what signs are created first. Ms. Gardner stated the digital interaction component wasn't part of the current sign design. She indicated the priority of sign replacement would be guided by staff recommendations. Councilmember Westgaard stated it's difficult to know what a priority is until a cost is obtained, and feels the challenge with how parks signage is funded. He asked Mr. Hecker's sign replacement priorities and if he was concerned with the cost to implement signs, knowing it could be a significant portion of the parks and recreation budget. Mr. Hecker stated replacement priority would be for the older signs in the city's signature parks, such as Hillside and Orono Park. He stated his challenge in determining the priority is because the cost is unknown at this time. He stated the biggest challenge his department sees is outsiders to the community calling and commenting on the difficulty in locating certain parks. Mayor Dietz expressed his concern approving the plan without knowing the costs of the signs. He felt the wayfinding plan should be reviewed by the Parks and Recreation Commission and Street Department. Mr. Portner stated it's the council's will as to what they would like to see in a comprehensive wayfinding plan. He indicated in the past, a hodgepodge of signs has been used, sometimes showing multiple messages, which didn't follow the city's brand plan. He indicated the council will always have an opportunity to review various funding options before sign implementation. Mayor Dietz doesn't object to the overall plan, but felt concern with putting funds into a sign instead of improving the amenities of a park. He asked who would approve the signs if brought to the parks commission. Ms. Gardner noted the wayfinding plan includes sign option alternatives for budgeting purposes. She stated parks staff makes recommendations on signage replacement needs dependent on the budget. Councilmember Westgaard felt hesitant to send these back to the commissions, asking who makes the ultimate decision on funds spent, the parks and recreation director or the parks commission. PINEIEI 11 NATURE City Council Minutes October 19, 2015 Page 8 Councilmember Wagner indicated at a recent meeting the parks and recreation commission chose to keep a $25,000 placeholder in their budget for sign replacement, but they are hesitant to spend that much until they know how much the entire plan will cost. She stated her concern was ensuring the commission, council and staff all have the same intent. Councilmember Westgaard stated signage is an important part of operating a city park but shouldn't burden a limited budget without having budget plans in place. Mayor Dietz asked that other funding sources be considered to pay for signage and didn't feel the parks and streets budgets should pay for all of it when signage is a benefit to the entire city. Mr. Portner stated further discussion can be had regarding funding options. Dave Anderson stated the Parks and Recreation Commission discussed this and noted $25,000 is 8-9% of their annual budget. He stated he has serious concerns about the cost of implementing this plan. He asked Mr. Hecker to allow the commission to review the concepts to provide their input, stating a very creative group volunteers their time and energy on the commission and as park stewards. He stated they would like the opportunity to say what their `front door' would look like. Councilmember Olsen asked about the four gateway signs and expressed how important it was to give a strong first impression when entering the city. Councilmember Burandt asked if there was any problem with delaying the approval of the plan so the park and recreation commission could review it. Mr. Portner and Ms. Gardner indicated any further work would require an additional payment to Visual Communications but the current plan could be shared with the commission. Mayor Dietz asked if this could be added to the November Park and Recreation Commission meeting. It was the consensus of the council to allow the Parks and Recreation Commission to review the wayfinding sign plan and their feedback provided to council. Mayor Dietz indicated he's heard ridiculous rumors about the Elk River Municipal Utilities (ERMU) increasing utility rates because of the recent incorporation of 300 new commercial and residential customers from Connexus Energy. He stated the rumors are false, rates are not increasing, and ERMU will continue to communicate the correct utility rates to their customers. P/®f1f1 11 NATURE City Council Minutes October 19, 2015 Page 9 Mayor Dietz recessed the meeting at 7:52 p.m. and reconvened the meeting at 8:00 p.m. 9.1 Park Dedication Fees Mr. Hecker presented the staff report. Rita Trapp, Planner from HKGi, presented a PowerPoint presentation. The Council discussed the fact that overall, revenue generated from collection of park dedication fees using the current schedule would decrease, but then the city would comply with state statute. The council requested a 3 -year lookback of platted properties to get an idea of how much lower the park dedication fees would be with the recommended approach. Staff will put together this information for a future meeting. Regarding city code revisions, the following areas were suggested to bring the current code into compliance: Staff recommended removing the sentence indicating the use of the cash dedication specifically referencing the payment of funds for trails. The city does not have a trail fee, not does it intend to require fees for trails; therefore, it was recommended that the sentence be removed to eliminate any confusion. Council concurred with this recommendation. Staff recommended removing the specific references requiring Parks and Recreation Commission involvement in the platting process. The consensus of the council was not in favor of this and indicated they would still like the commission's review of the plat, noting specific findings of fact why the land will be taken versus the cash. Staff recommended removing the Open Space Preservation Plats requirements that include specific provisions for park dedication. Council concurred with this recommendation. 9.2 Concept Review for Modern Construction Mr. Carlton presented the staff report. Jessie Hartung with Modern Construction presented his concept plan entitled "Ecology." Mayor Dietz stated he felt the city would set a bad precedence in forgiving the requested development fees and felt it would open the door for others to ask for the same treatment He felt there were other ways for the city to assist with this project but not in favor of this type of approach. rortotN er irIATURE City Council Minutes October 19, 2015 Page 10 Mr. Carlton stated Mr. Hartung is working with Economic Development Director Amanda Othoudt to determine different options of financing. Attorney Beck indicated perhaps it could be structured if the Council were interested in a public/private partnership with Mr. Hartung. Councilmember Wagner felt conceptionally this type of proposal was a very good idea. The Council indicated the city would be interested in pursuing this type of plan if the applicant can arrive at the same goal by using funding systems already in place. Mr. Hartung will meet with city staff to discuss various options. 9.3 Elk River Lodge and Suites Update Mr. Carlton presented the staff report. Mayor Dietz suggested the current residents be notified that the building could be deemed inhabitable. Staff would continue to work with attorney Scott Baumgartner in possibly drafting a letter to the current residents at 17432 Zane St NW. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:00 p.m. Minutes prepared by Jennifer Johnson. J. Tina Allard, L ttee ®v A UREt