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4.1. DRAFT MINUTES (3 SETS) 04-04-2016 Closed Meeting of the Elk River City Council City of Held at Elk River City Hall Elk Monday, March 21, 2016 River Members Present: Mayor Dietz, Councilmembers Olsen, Burandt (6:18 p.m.), and Westgaard Members Absent: Councilmember Wagner Staff Present: City Administrator Calvin Portner and City Clerk Tina Allard Also Present: Attorney Tom Scott 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 6:00._..rn. by Mayor Dietz.____N 2. Closed Meeting The purpose of the meeting was to discuss Pinewood Golf Course per the attorney/client privilege, pursuant to-'Lv1N Statute §13D.05, subdivision 3(b). 3. Adjournment There being no further business,Mayor Dietz adjourned the closed meeting of the i Elk River City Council at 6:58 p.m. John J. Dietz,Mayor Tina Allard, City Clerk p 0 W I R 1 9 ® r NATURE VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, March 21, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, and Westgaard Members Absent: Councilmember Wagner Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Economic Development Director Amanda Othoudt, Parks and Recreation Director Michael Hecker,Recreation Manager Steve Benoit, City Attorney Peter Beck, 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 7:03 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. .; 3. Consider 3/21/2016 Agenda Moved b Councilmember West aard"a"nd seco'nd'e'd b Councilmember Y g Y Burandt to approve the March 21, 2016, agenda. Motion carried 4-0. 4. Consider Consent Agend ' '% Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve the following consent agenda: 4.1 March 7, 2016, minutes 4.2 Check register, check numbers 9843-9844 and 95795-96371 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. Motion carried 4-0. S. Open Forum Debbie Rydberg, Elk River Chamber of Commerce, - Stated the Shiver Elk River event has raised over$104,000 over the last few years for various charities. She thanked various city staff for their support to help their event run smoothly. She presented a video of the event. City Council Minutes Page 2 March 21,2016 ----------------------------- Jim Akers - Speaking on behalf of local chapter of the Boys Scouts of America invited everyone to the annual pancake breakfast scheduled for 7 a.m.,Thursday April 28, at the American Legion. He shared previous funding efforts and stated the cost is about$200 per year per boy and there are about 400 participants in Elk River. He discussed the benefit of scout-type programs for youth versus the costs of incarceration. 6.1 City of Elk River Volunteer of the Month — Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Bob and Sharon Hackenmueller,Volunteer of the Month for March. He noted the following volunteering accomplishments: Bob ■ Maintains inventory, organized volunteers,prepares and serves food at Legion Friday night dinners ■ Serve on Legion Board of Directors ■ Plan special events at Legion ■ Monday night burger nights ■ Vice cammandor ■ Landscaping and maintenance work at Legion ■ Served at 1"Vice Commander of Legion Sharon ■ Serve as first Vice President of the Legion ■ Former legion Chaplin ■ Active in Legion auxiliary projects such as poppy day ■ Organize and plan Craft shows 6.2 Acknowledge Contributions by The Bank of Elk River Mr. Hecker presented the staff report. Mayor Dietz read and presented a plaque to bank representatives Bill Levine and Julie Schreifels. Council thanked the bank for their contribution. Moved by Councilmember Olsen and seconded by Councilmember Burandt to adopt Resolution 16-17 acknowledging contributions by The Bank of Elk River. Motion carried 4-0. 7.1. Conditional Use Permit for Building Addition at 17219 Highway 10 Mr. Leeseberg presented the staff report. UREJ City Council Minutes Page 3 March 21,2016 ----------------------------- Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to approve Conditional Use Permit, Case No. CU 16-04 with the following 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. 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. All comments in the Stormwater Coordinator Memo dated February 3, 2016, shall be addressed. 8. All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5 footcandle on any part of the property. 9. All comments in the Minnesota Department of Transportation memo dated February 18, 2016, shall be addressed. Motion carried 4-0. 7.2 Conditional Use Permit to Allow Recycling Processing Center at 19131 Industrial Boulevard NW Senior Planner Chris 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 Westgaard and seconded by Councilmember Olsen to approve Conditional Use Permit, Case No. CU 16-05 with the following conditions: 1. The CUP shall not be recorded until all applicable conditions have been substantially completed. 2. The authorized use shall not begin until the CUP is recorded. p 0 W I R I O R Y NATUREI City Council Minutes Page 4 March 21,2016 ----------------------------- 3. If the authorized use ceases for more than six months, the CUP shall expire. 4. The CUP 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. Hours of operation shall be limited to 8:00 a.m. — 10:00 p.m. Monday through Friday. 7. All product break down must occur within the building. 8. The outdoor storage area shall be completely enclosed with a six foot tall privacy fence. Chain link fencing with vinyl slats is not permitted. 9. There shall be no storage of any materials and/or products on the property outside of the outdoor storage area. 10. Materials shall not be stacked higher than six (6) feet in the outdoor storage area unless in an enclosed dry van. 11. If the outdoor storage area is to be increased more than 20,000 square feet, an amendment to the conditional use permit shall be required. 12. No more than three dry vans shall be used for storage. 13. A landscape plan showing the 10 trees shall be provided to include in the staff report. 14. All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase 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. 15. The outdoor storage area shall be covered with an approved surface. Motion carried 4-0. 7.3 Ordinance Amendment to Rezone Property from C4 (Community Commercial) to C3 (Highway Commercial), Fox Haven Commercial Addition, Block 1, Lots I & 2 Senior Planner Chris 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 Westgaard and seconded by Councilmember Olsen to adopt Ordinance 16-04 to amend the City of Elk River zoning map to rezone certain property from C4 (Community Commercial) to C3 (Highway Commercial). Motion carried 4-0. 7.4 Ordinance Amendment to Rezone Property from CRT (Commercial Reserve Transition) to C3 (Highway Commercial), 21475 Highway 169 NW p 0 W I R I O R Y NATUREI City Council Minutes Page 5 March 21,2016 ----------------------------- Senior Planner Chris 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. 7.5 Resolution for Final Plat of Valeview Estates Senior Planner Chris 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 Westgaard and seconded by Councilmember Burandt to approve Preliminary Plat, Case No. P 16-01 with the following conditions: 1. Surface Water Management Fee be paid in the amount required by the city at the time of final plat prior to releasing the plat for recording. The 2016 rate is $226/urban residential lot. 2. Two trees shall be planted in the front yard as indicated in Section 30-934. 3. Park Dedication shall be paid for one dwelling unit at the rate applicable when the subdivision is released for recording. The 2016 rate for residential is $3,712 per dwelling unit. 4. The applicant shall work with city staff to identify a trail easement for a future trail to be installed from the northeast corner of Meadowvale Road and 193rd Avenue to the southwest corner of Elk Lake Road and Meadowvale Road. Motion carried 4-0. Moved by Councilmember Olsen and seconded by Councilmember Burandt to adopt Resolution 16-18 granting final plat for Valeview Estates. Motion carried 4-0. 7.6 Conditional Use Permit to Establish Planned Unit Development for Multi-use Building, Modern Construction, Lot 4, Block I, Mississippi Ridge 2"d Addition Mayor Dietz stepped out of the meeting for a few minutes. Mr. Carlton presented the staff report. Acting Mayor Burandt opened the public hearing. There being no one to speak to this issue,Acting Mayor Burandt continued the public hearing to April 18, 2016. It was noted there would be a work session before the Council for this item on April 4, 2016. p 0 W I R 1 9 ® r NATURE] City Council Minutes Page 6 March 21,2016 ----------------------------- Mayor Dietz returned to the meeting. 7.7 Interim Use Permit for Extended Stay Hotel, Briggs Companies, 17423 Zane Street NW Mr. Carlton presented the staff report. He noted the applicant is requesting a 5-year Interim Use Permit (IUP) for an extended stay hotel. He reviewed the history of this property as noted in his presentation. He reviewed the definitions for hotels and apartments and noted eight units have cooking facilities. He noted city ordinance does not define extended stay hotels. He outlined the findings in ordinance that are required to grant an IUP and discussed why Conditions #4 and#7 are not met by the applicant. Mayor Dietz opened the public hearing. There bring no one to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Westgaard questioned the definition of hotel versus extended stay hotel. He further questioned if there were differences from a building code standpoint as to how cooking facilities are inspected. Mr. Carlton stated city ordinance does not define an extended stay hotel. He stated the building code would be the same for all cooking facilities He noted the biggest changes required of this project,to convert to an apartment building,would be accessibility requirements and radon mitigation. He discussed Minnesota Department of Health licensing requirements. Councilmember Westgaard noted hotels, extended stay hotels and apartments would all have different electrical requirements for units with kitchens. For example,an apartment would require its own electrical panel,whereas a hotel would not. He questioned how the city could grant a conditional use or interim use permit when the facility doesn't meet the requirements currently and the staff report states there would be no modifications to the interior or exterior of the building. Staff agreed with Councilmember Westgaard's comments. Mr. Carlton stated there are concerns with the building code in terms of the definition of an extended stay hotel versus an apartment building. He also questioned when extended stay hotel become an apartment due to people being in the facility longer term;what is the cutoff for the length of stay. Mayor Dietz questioned why the applicant can't apply for apartment building zoning for this parcel when it is his end goal. He stated the IUP allows the applicant to do nothing. Mr. Carlton stated the IUP allows the applicant time to prepare his plans and financing. UREJ City Council Minutes Page 7 March 21,2016 ----------------------------- Mayor Dietz stated five years is too long for this permit given past issues and felt the permit is a way to delay those issues. Councilmember Burandt questioned: 1. The status of all the building code violations 2. Can the kitchens continue operating without violating code She reviewed the Planning Commission's discussion and their intent to allow,via the Interim Use Permit, for the applicant to obtain financing for his project. Mr. Carlton stated all outstanding issues have been addressed. He stated the kitchens that exist today meet building code and can stay. He stated the issue is the city's definition of a hotel He stated city ordinance prohibits cooking facilities in hotel units, so it meets building code for kitchens but it does not meet city ordinance. Councilmember Westgaard stated five years is too long given the history of this owner and property and felt three years would be more appropriate. He stated the IUP can always be extended if the Council sees progress towards getting this property rezoned for an apartment complex and the acquisition of the adjoining parcels. He stated five years is too long and had concerns with life safety issues being met and following building codes with the type of operation run in this facility. Councilmember Westgaard stated his recommendation is to direct staff to bring back a resolution of denial with findings of fact or change the permit to three years. Mayor Dietz questioned the two items that must be completed with the permit. Mr. Carlton stated within 12 months the applicant must submit a site plan and land use application, and within 36 months he would be required to apply for a building permit to start construction. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to direct staff to prepare a resolution for an Interim Use Permit for 3 years and there be conditions to be met marking progress along the 3 year timeline. Motion carried 4-0. 8.1. Assignment and Assumption of Tax Abatement and First Amendment to Abatement Agreement for Envision 3, LLC dba/Sportech, Inc. Ms. Othoudt presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 16-19 the Assignment and Assumption of Tax Abatement and First Amendment to the Abatement Agreement. Motion carried 4-0. UREJ City Council Minutes Page 8 March 21,2016 ----------------------------- 8.2 Moratorium on Permitting Permanent Structures in Right-of-Way Mr. Carlton presented the staff report. Mayor Dietz asked if there were any current requests before the city. Attorney Beck stated there has been an inquiry but no formal proposal has been submitted. He stated the city needs to get a handle on this type of request. He noted this is a new trend and many cities are starting to deal with the same issues. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 16-05 establishing an interim ordinance (moratorium) on the issuance of street disruption or building permits for permanent structures within the public right-of-way for one year from the date of this ordinance and exempting current franchise holders. Motion carried 4-0. 8.3 Amend Tobacco-Free Parks Policy to include Electronic Cigarettes Mr. Hecker presented the staff report. Moved by Councilmember Burandt and seconded by Councilmember Olsen to amend the Tobacco Free Parks Policy regarding electronic cigarettes as outlined in the staff report. Motion carried 4-0. ------------------------------------------- Council recessed at 8:10 p.m. in order to go into work session. Council reconvened at 8:15 p.m. 9.1 Joint Meeting with Heritage Preservation Commission to Discuss Plans for Jackson Street Water Tower Heritage Preservation Members Present:Joshua Fox, Debra Mortensen, and Mike Nicholas. Chair Fox called the Heritage Preservation Commission meeting to order at 8:15 p.m. Mr. Carlton presented the staff report. Mayor Dietz stated Elk River Municipal Utilities budgeted $90,000 to paint or demolish the tower. He liked the idea of including some Elk River history at this site. He noted this may be a good project for Rotary. He further stated he is not sure about the property acquisition. p 0 W I R 1 9 8Y NATURE City Council Minutes Page 9 March 21,2016 ----------------------------- Councilmember Westgaard concurred regarding the adjacent parcel. He stated if there is still funding available, after painting the water tower,he'd like to see the kiosk as a priority. He questioned funding for ongoing maintenance of the site. Mr. Portner sated there are funding options available through local groups like Rotary and he noted a Friends of the Water Tower group could be created to handle fundraising. Mayor Dietz questioned if there was the intention to deed the tower to the city. Mr. Portner stated this hasn't been discussed. Councilmember Burandt liked the idea of people being able to walk the area. She stated she appreciates the work of the commission and felt it would be nice to purchase the adjacent parcel. She further suggested some community art. Mayor Dietz stated he could talk with water department staff to find out the ongoing maintenance on an annual basis. Commissioner Mortensen stated she is currently applying for a 501(c)3 designation for the tower in order to allow the collection of funds. She stated people could buy bricks and have their names on them. She noted that a few years back the tower was designated as one of the ten most dangerous historical sites in danger of being destroyed. Chair Fox stated a consensus among most people and the commission has been to keep the integrity to the original tower. He stated he envisions a passive park which could be a hub for a historical walking tour and include a kiosk. He stated it could include QR codes with videos and interactivity. He also liked the idea of benches and flowering trees and keeping it as a peaceful place. Mr. Carlton stated many communities used to include their population on their tower. Chair Fox adjourned the Heritage Preservation Commission meeting closed at 8:45 p.m. 9.2 Cost Share Agreement for Election Hardware, Software, and Related Services Ms. Allard presented the staff report. She noted this item would come back to a future consent agenda. Council consensus was that the agreement was okay. 10. Adjournment UREJ City Council Minutes Page 10 March 21,2016 ----------------------------- There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:57 p.m. John J. Dietz,Mayor Tina Allard, City Clerk p 0 w I R 1 0 0Y UREJ Closed Meeting of the Elk River City Council City of Held at Elk River City Hall Elk Wednesday, March 30, 2016 River Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner and City Clerk Tina Allard Also Present: Attorney Tom Scott 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 5:30._..rn. by Mayor Dietz.____N 2. Closed Meeting The purpose of the meeting was to discuss Pinewood Golf Course per the attorney/client privilege, pursuant to MN Statute §13D.05, subdivision 3(b). 3. Adjournment There being no further business,Mayor Dietz adjourned the closed meeting of the i Elk River City Council at 7:25 p.m. John J. Dietz,Mayor Tina Allard, City Clerk p 0 W I R 1 9 ® r NATURE