03-21-2016 CCMMembers 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,
Flconomic Development Director Amanda Othoucit, Parks and
Recreation Director Michael Hecker, Recreation Manager Steve
Benoit, City Attorney Peter Beck, and City Clerk Tina Allard
all 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 by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the March 21, 2016, agenda. Motion carried 4-0.
4. Consider Consent Agendm
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.
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Debbie Rydberg, Elk River Charnber of Commerce, - Stated the Shiver Ell,, 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
March 21, 2016
Page 2
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.tn.,'rhursday
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.
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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 might burger. nights
® Vice carnmandor
W Landscaping and maintenance work at Legion
In 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
Mr. Hecker presented the staff report,
Mayor Dietz read and presented a plaque to bank representatives Bill Levine and
.Julie Schteifels.
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.
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Mr. Leeseberg presented the staff report.
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March 21, 2016
N4ayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public licating.
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
19131 Industrial Boulevard NW I
Senior planner Chris Leeseberg presented the staff report.
Ma),or Dietz opened the public hearing. There being no one to speak to this issue,
%yor 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.
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March 21, 2016
Page 4
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 'SSUC,
Mayor Dietz closed the public heating.
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 IV
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Senior Planner Chris Leeseberg presented the staff report.
Page 5
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Senior Planner Chris Leeseberg
I _ 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 Westgaatd 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 casement 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 1, Mississippi
Ridge 2" Addition
Mayor Dietz stepped out of the meeting for a few tiuutes.
Mr. Carlton presented the staff report.
Acting"Mayor Burandt opened the public hearig.There being no one to speak to
this issue, .Acting Ma�,or. Burandt continued the public hearing to April 113, 2016.
It was noted there would be a work session before the Council for this item on April
4, 2016.
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Mayor Dietz returned to the meeting,
7.7 Interim Use Permit for Extended Stay Hotel, Briggs Companies,
17423 Zane Street NW
Page 6
Mr. Carlton presented the staff report. He noted the applicant is requesting a 5 -year
Interim Use Permit (lUP) 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 oilicaltli licensing requirements.
Councilmembet 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 Councili-nember 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. fie also
questioned when extended stay hotel become an apartment due to people bem*gm'
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 itis his end goal. He stated the I UP allows the applicant to do
nothing.
Mr. Carlton, stated the IUP allows the applicant time to prepare his plans and
financing.
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March 21, 2016
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Mayor Dietz stated five gears is too long for this permit given past issues, and felt the
permit is away to delay those issues.
("ounciltnernber Burandt questioned-,
1. The status of all the building code violations
2. Can the kitchens continue operating without violating code
She reviewed the Plamu'liv Commission's discussion and their intent to allow, via the
Interim [_Tse 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 ui-i hotel
units, so it trieets building code for kitchens but it does not triect city ordinance.
Counciltnember Westgaard stated five years is too long91. Ven the history of this
owner and property and felt three years would be more appropriate. He stated the
I LTP 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, lie 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 DiCt7 questioned the two items that must be completed with the pert -nit.
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 Councitmember
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.
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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.
9.3 Amend Tobacco -Free Parks Policy to include Electronic Cigarette --
Mr. Hecker presented the staff report.
Moved by Councilmember Burandt and seconded by Councilmembcr 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 ]'reservation 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 $90,001 O to paint or
demolish the tower. fie 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.
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March 21, 2016
COLUIC11111CIA)Cr Wcstgaard 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 ii-lainten-'Ince 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
,,rated 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 11-i order to allow the collection of funds. She stated people could buy
].)ticks and have their names on them. She noted that 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. Ile 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 Qlk codes with videos and 111teractivity. He also liked the idea of benches and
flowering trees and keeping it as a peaceful place.
Mr, Carlton stated many corrimunlities, used to include their population on their.
tower.
("hair Fox adjourned the Heritage Preservation Commission meeting closed at 8:45
p.m.
9'.2 Cost Share Agreement for Election Hardware, Software, and Relateil",
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.
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I'here being nofurtber business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:57 p.m.
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