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02-16-2016 CCMNu. Mcl-nbers Present: Mayor Dietz, Councili-neinbcrs Olsen, Burandt, Westgaard, and W"aglicr Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Manning Manager Zack Carlton, Fire Chief T. Jahn Cunningham, Street Superintendcnt Mark Thompson, ("Iiief of Police Ron Niercnhausen, Fconon-iic Development Director Amanda Othoudt, City Attorney Peter Beck, and Executive Secretary/Deput.), C'My Clerk Jessica Miller Pursuant to due call and notice thereof, the rneetifig of the I.,"lk River City Council was called to order at 6:00 p.rn. by Mayor Dietz. The Pledge of Allegiance .vas recited. 3. Consider 02/16/16 Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the February 16, 2016, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councihnember Westgaard and seconded by Councilmeniber Olsen to approve the following consent agenda: 4.1 Minutes * February 1, 2016, joint HRA * February 1, 2016, Regular 4.2 Check register, check numbers 9839-9840 and 95385-95583 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Designate city website as alternative method of publication for transportation projects. 4.5 Promotion of Detective Joe Gacke to Detective Sergeant effective 4:31 p.m. February 26, 2016, as outlined in the staff report. City Council Minutes February 16, 2016 Page 2 4.6 Master Labor Agreement between the City of Elk River and Law Enforcement Labor Services Local 271 for January 1, 2016, to December 31, 2018. 4.7 HRA Blighted Properties Demolition and Forgivable Residential Loan Program policy and application. 4.8 Resolution 16-11 acknowledging contributions to the Elk River Police Department. Motion carried 5-0. 200��� No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month — Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Kelly Swart, Volunteer of the Month for February. fie noted the following volunteering accomplishments: * Board i-netriber for Elk River Youth Hockey Association T,,,RYHA) since 2012. ® 2014 Hockey Day Minnesota volunteer coordinator. ® Current president of FIRYI-I.A. * Volunteers at her children's schools working on carnivals, field trips, and classroom activities. 6.2 Forestry Presentation — Sherburne Soil and Water Conservati District I Gina Hugo, Resource Coriservationist from the Sherburne County Soil and Water Conservation District provided an update on corm-nurlity forestry efforts. LllA r. lllllllllllll � 11111111 ml`r` = Chief Nierenhausen provided an overview of Bryan's career with the Elk River Police Departi-nent. Mayor Dietz read and presented the plaque to Bryan. Moved by Councilmember Burandt and seconded by Councilmember Olsen to proclaim February 26, 2016, as Bryan Vita Day. Motion carried 5-0. 7. 1. Rick Haugland, 21475 Highway 169 a. Ordinance Amendment to Rezone Property from Commercial', Reserve Transition to Highway Commercial b. Conditional Use Permit for Auto Body Repair Facility (...,Ity Colmid Nfilmles IIqgc 3 February 16, 2016 Mr. Carlton stated this itein is being postponed so the applicant has time to provide additional information. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to March 21, 2016. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to continue the public hearing to March 21, 2016. Motion carried 5-0. 7.2 Ordinance Amendment to Rezone Property from R I c to R I a, Single Family Residential, City of E,lk River, 19640 and 19660 Proctor Road Mr. Carlton presented the staff report. Moved by Councilmember Olsen and seconded by Councilmernbet Westgaard to adopt ordinance 16-3 rezoning certain property from Rl-c to R1 - a. Motion carried 5-0. 7.3 Briggs Companies - 17432 Zane St NW a. Land Use Amendment to change the land use from FAST to Highway Business b. Conditional Use Permit to operate a hotel Mr. Carlton presented the staff report along with a PowerPoint. He noted the applicant stated the memo from the State Fire Marshal's Office dated May 1, 2014, was fabricated and the conversation never took place but memos from the city fire marshal and fire inspector support the state's report. Mayor Dietz opened the public hearing.. Pat Briggs, orripani Briggs C 'es, 19021 Freeport St -- representing E'Ik River I,odge ', and Residential Suites - distributcol an updated rel -,,)(,)rt from the State.File Marshal to the Council. Mr. Briggs indicated the May 1, 2014, report was corrected on February 11, 2016, by the State Fire Marshal's Office. Mr. Briggs indicated enormous efforts have been put forth by his staff and city staff to get the property in line with where they'd like taa be. Ile explained he made an attcnipt to do nightly stays but the type of guests corning for the nightly stays were inappropriate for the city. fie stated extended stag/lodging makes more sense. He further explained the plan was to move forward witha Conditional L. -)se Permit and Comprehensive Plan amendment but as the process continued, he thought it might not be the appropriate process to follow for this area since it is planned for high density residential. He indicated the Planning Coratnission agreed at their last meeting an Interim L -.se Permit (11111) would be more appropriate based on the timeframe for conversioll to 1,P0WIRE0 aV-41 Cil�' cound Nfirl"te's Februan, 16, 2016 -.1111.1-1-1 ------------ Page 4 high density. fie stated lie plans to add 60 units to help absorb the costs for the conversion to a market rate facility. Mr. Briggs indicated he has submitted an application for an Interim Use permit. He requested reimbursement for at least orie of the previous applications since lie has spent a considerable amount of time on past applications. Ile further explained he is comfortable with the 1UP application although it means giving up their current Conditional Use Permit from 2011. There beinf-), no one else to speak to this issue, Mayor Dietz closed the public hearing. Mayor Dietz asked. Mr. Carlton if he, had a responses to any of Mr. Briggs comments. Mr. Carlton provided a history of applications as outlined in his PowerPoint. He stated the only fees charged were with an application submitted September 28, 2015, that was withdrawn October 26 and the land use and CUP applications being considered this evening. He stated the fees/escrows were used for both of those applications. Councilmember Burandt stated she was at the Planning Commission meeting and asked if an IUP application was received. Mr. Carlton confirmed an 1UP application was received.january 26 and deemed complete. Councilmember Westgaard confirmed the request being considered this evening is for a land use amendment and CUP to operate a hotel. He questioned if the existing CUP has been revoked or ceased. Mr. Carlton explained based on the report from the State Fire Marshal's Office dated May 1, 2014, the property was not being operated in a use consistent with the approved CUP; therefore, the CUP expired on November 1, 2014, (6 months from the date of the report). Councihnembcr Wagner questioned if the property has been operating since November 2014 without a CLJP. Mr. Carlton indicated it had. He added the Fire and Building Departments began inspections in early 2015 to resolve building permit issues but the building is not approved to operate as an apartment building or hotel. Moved by Councihnember Westgaard and seconded by Councilmember Wagner to deny the land use amendment because the proposed use is not consistent with the Comprehensive Plan and is not compatible with the surrounding properties. Attorney Beck indicated the motion should be directing staff to prepare a resolution of findings for formal denial. Councilmember Westgaard amended his motion directing staff to prepare a resolution of findings for denial of the land use amendment based on the following: 1. The proposed use is not consistent with the Comprehensive Plan. 2. The proposed use is not compatible with surrounding properties. rp 0 V F R I I I I Council Nivlutcs 11,,ige .9 F'ebniary 16, 2016 The seconder was agreeable to the amendment. Councilmember Burandt questioned if this motion affects the I LJP application. Attorney Beck indicated it does not. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to prepare a resolution with findings of fact for denial of the Conditional Use Permit request based on the finding that #2, #3, and #7 of the criteria for granting a Conditional Use Permit are not met. Motion carried 5-0. ]Mayor Dietz indicated since Mr. Briv 's did not pay for four out of six of the I Igg applications listed he Is not in favor of a reimbursement. Council concurred. AttorncN, Beck stated the resolutions for denial will come back at the next meeting unless the applicant withdraws the applications in writing in lieu of his recent I L7,11 application. f -le added the ICM'' application will go to the Planning Cornn-iission on February 23 and the Council Match 21. : 1 50 30� == Mr. 'I'lionapson provided an update on chip sea] and double seal coat application. C ouncilm ember Westgaard questioned if the double seal application costs inore. Mr. Thompson stated the double seal costs approximately 35-40'!/o rnore than a single seal but costs much less than a reconstruction. Council recessed at 7:08 p.m. to move Into L.7pperTown for work session. J'he meeting reconvened at 7:13 p.m. M The Council interviewed applicants for various commission openings. Moved by Councilmember Wagner and seconded by Councilmember Olsen to appoint Glenn Hauck, Matt Herman, and Rudy Thibodeau (as energy- related business representatives) and to reappoint Tom Sagstetter (Elk River Municipal Utiltiies representative) to the Energy City Commission for three- year terms beginning March 1, 2016, and expiring February 28, 2019. Motion carried 5-0. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to reappoint josh Fox to the Heritage Preservation Commission for a three-year term to expire February 28, 2019. Motion carried 5-0. 0 V IRII 6t A. 14,iA,�,, WRE I FR �_ City Cound Nfinute" Page 6 February 16, 2016 -------------------- __ __ Moved by Councilmember Westgaard and seconded by Councilmember Burandt to reappoint Mike Cunningham (ISD 728 representative) and DeAnn Givens (Elk River Skating Club representative) to the Ice Arena Commission for three-year terms to expire February 28, 2019. Motion carried 5-0. Moved by Councilmember Burandt and seconded by Councilmember Olsen to reappoint Eric Johnson and appoint Mike Nicholas to the Planning Commission for three-year terms beginning March 1, 2016, and expiring February 28, 2019. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Olsen to reappoint John Dietz as the Council representative to the Utilities Commission for a three-year term to expire February 28, 2019. Motion carried 4-0. Mayor Dietz abstained. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to reappoint Mark Ahmess and Ryan Holmgren to the Parks and Recreation Commission for three-year terms to expire February 28, 201.9. Motion carried 5-0. Mr. Carlton presented the staff report including a PowerPoint outlining the purpose of a, planned Unit Development (l)tTD), the review and approval process for a KD, and anticipated PLJD applications. There being no further btisiness, Mayor Dietz adjourned the ineeting of the Elk River City Council at 8:39 p.m. Minutes prepared by.jessica Miller. Tina Allard, City Clerk F 9 W I R I I I V NATURE!